Agenda packet — Berkeley City Council, February 14, 2023 (part 1 of 2)

Tuesday, February 14, 2023 AGENDA Page 1

AG E N D A

BERKELEY CITY COUNCIL MEETING
Tuesday, February 14, 2023
6:00 PM

SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702

JESSE ARREGUIN, MAYOR
Councilmembers:

DISTRICT 1 – RASHI KESARWANI DISTRICT 5 – SOPHIE HAHN
DISTRICT 2 – TERRY TAPLIN DISTRICT 6 – SUSAN WENGRAF
DISTRICT 3 – BEN BARTLETT DISTRICT 7 – RIGEL ROBINSON
DISTRICT 4 – KATE HARRISON DISTRICT 8 – MARK HUMBERT

PUBLIC ADVISORY: THIS MEETING WILL BE CONDUCTED IN A HYBRID MODEL WITH BOTH IN -PERSON

ATTENDANCE AND VIRTUAL PARTICIPATION

For in-person attendees, face coverings or masks that cover both the nose and the mouth are required. Physically distanced seating will be available. If you are feeling sick, please do not attend the meeting in person.

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

To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device: Please use this UR L https://cityofberkeley-info.zoomgov.com/j/1617057994. If you do not wish for your name to appear on the screen, then use the drop down menu and click on "rename" to rename yourself to be anonymous. To request to speak, use the “raise hand” icon by rolling over the bottom of the screen.

To join by phone: Dial 1-669-254-5252 or 1-833-568-8864 (Toll Free) and enter Meeting ID: 161 705 7994. If you wish to comment during the public comment portion of the agenda, Press *9 and wait to be recognized by the Chair.

Please be mindful that the meeting will be recor ded and all rules of procedure and decorum apply for in-person attendees and those participating by teleconference or videoconference.

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

This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953. Any member of the public may attend this meeting. Questions regarding this matt er may be addressed to Mark Numainville, City Clerk, (510) 981 -6900. The City Council may take action related to any subject listed on the Agenda. Meetings will adjourn at 11:00 p.m. - any items outstanding at that time will be carried over to a date/time to be specified.

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Tuesday, February 14, 2023 AGENDA Page 2

Preliminary Matters
Roll Call:

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

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

1. Adjourn in memory of Chimey Lee, Community Activist

2. Adjourn in memory of Mel Martynn, Community Activist City Manager Comments: The City Manager may make announcements or provide information to the City Council in the form of an oral report. The Council will not take action on such items but may request the City Manager place a report on a future agenda for discussion.

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

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

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

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

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

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Tuesday, February 14, 2023 AGENDA Page 3
Public Comment on Consent Calendar and Information Items Only: The Council will take public comment on any items that are either on the amended Consent Calendar or the Information Calendar. Speakers will be entitled to two minutes each to speak in opposition to or support of Consent Calendar and Information Items. A speaker may only speak once during the period for public comment on Consent Calendar and Information items.

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

Consent Calendar

1. Parking/Towing Fines & Fees Reform (Reviewed by the Health, Life Enrichment, Equity & Community Committee)
From: Councilmember Robinson (Author), Councilmember Harrison (Co- Sponsor), Councilmember Bartlett (Co-Sponsor), Councilmember Hahn (Co- Sponsor)
Recommendation: Adopt second reading of Ordinance No. 7,854-N.S. amending BMC 14.72.080 to allow individuals who are eligible for Residential Preferential Parking (RPP) permits and also for parking citation Indigent Payment Plans to purchase Residential Parking Permits even if they have outstanding parking tickets older than 21 days.

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

Financial Implications: See report
Contact: Rigel Robinson, Councilmember, District 7, (510) 981-7170

2. Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on February 14, 2023
From: City Manager
Recommendation: Approve the request for proposals or invitation for bids (attached to staff report) that will be, or are planned to be, issued upon final approval by the requesting department or division. All contracts over the City Manager’s threshold will be returned to Council for final approval.

Financial Implications: Various Funds - $2,124,000
Contact: Henry Oyekanmi, Finance, (510) 981-7300

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Consent Calendar
Tuesday, February 14, 2023 AGENDA Page 4

3. Contract: Public Consulting Group for Professional Services From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to enter into a contract with Public Consulting Group (PCG) for professional services related to the Ground Emergency Medical Transport (GEMT), Quality Assurance Fee (QAF), Intergovernmental Transfer (IGT), and Public Provider Ground Emergency Medical Transport (PP-GEMT) programs using the General Services Agency’s (GSA) contract No. 47QTCA20D004Y for an amount not to exceed $200,000 in the base term from March 1, 2023 through January 22, 2025 and not to exceed $300,000 in total with one two (2) year extension to January 22, 2027 if the GSA contract is extended.

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

4. Contract: Forster & Kroeger Landscape Maintenance for Chipping Services From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments, with Forster & Kroeger Landscape Maintenance to provide Chipping Services for two years from May 1, 2023 until April 30, 2025 in the amount not to exceed $700,000.

Financial Implications: Various Funds - $700,000
Contact: David Sprague, Fire, (510) 981-3473

5. Revenue Contract: 2023 Community Services Block Grant From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to accept the Community Services Block Grant (CSBG) Contract Number 23F-4001 in the amount of $293,705 to provide services for low-income people for the period January 1, 2023 to May 31, 2024.

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

6. Inclement Weather Shelter Program Funding Request and Contract No. 31900284 Amendment- Dorothy Day House (DDH) to Operate an Inclement Weather Shelter
From: City Manager
Recommendation: Adopt a Resolution allocating an additional $292,185 from Measure P to the Inclement Weather Shelter Program for a total allocation of $412,185, and authorizing the City Manager or her designee to execute an amendment to Contract No. 31900284 with Dorothy Day House (DDH) to add $190,260 to operate an inclement weather shelter for up to 127 nights from December 3, 2022 through April 15, 2023 for a total contract amount not to exceed $4,211,173.

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

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Consent Calendar
Tuesday, February 14, 2023 AGENDA Page 5

7. Contract: Resources for Community Development for Martin Luther King Jr.

House – Mental Health Services Act Operating Support
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract with Resources for Community Development (RCD) for Martin Luther King Jr. (MLK) House in the amount of $107,890, to support hiring additional on-site staff to monitor the 12-room, transitional Single-Room Occupancy housing development.

Financial Implications: Mental Health Services Act Fund - $107,890 Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400

8. Mills Act Contract – 2523 Piedmont Avenue
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to enter into a Mills Act contract with Wilson Wong and Christian Kwan for the City Structure of Merit property at 2523 Piedmont Avenue.

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

9. Mills Act Contract – 2119 Marin Avenue
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to enter into a Mills Act contract with Anne and Michael Ray for the City Landmark property at 2119 Marin Avenue.

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

10. Authorize a Funding Agreement with AC Transit to Supplement the Quick-Build Durant Transit Lane Project
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to negotiate and enter into a funding agreement between the City of Berkeley and AC Transit providing $648,000 in additional City funding to supplement the Quick-Build Durant Transit Lane Project.

Financial Implications: See report
Contact: Liam Garland, Public Works, (510) 981-6300

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Council Consent Items
Tuesday, February 14, 2023 AGENDA Page 6

11. Berkeley Rotary Endowment: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Fund
From: Mayor Arreguin (Author)
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $250 per Councilmember including $250 from Mayor Arreguin, to the Berkeley Rotary Endowment, with funds relinquished to the City’s general fund for this purpose from the discretionary Council Office Budgets of Mayor Arreguin and any other Councilmembers who would like to contribute.

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

12. Referral: Southside Impact Fee Nexus Study
From: Councilmember Robinson (Author), Councilmember Bartlett (Co- Sponsor), Councilmember Harrison (Co-Sponsor), Councilmember Humbert (Co-Sponsor)
Recommendation:

1. Refer to the City Manager to establish a development impact fee for projects within the Southside Plan boundary for the purpose of funding Southside public realm improvements. Staff should complete all necessary actions, including preparation of a Nexus Study pursuant to the Mitigation Fee Act.

2. Refer $250,000 to the FY 2023 budget process for a consultant to be engaged over a two-year process, starting in 2024, to assist with the vision, capital list, nexus study, fee schedule, and other requirements.

Financial Implications: See report
Contact: Rigel Robinson, Councilmember, District 7, (510) 981-7170

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

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

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

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Action Calendar – Public Hearings
Tuesday, February 14, 2023 AGENDA Page 7
13a. Citywide Affordable Housing Requirements
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion:

23.312.040(A)(6), and updating references to BMC Chapter 23.328 throughout the Berkeley Municipal Code, to become effective on April 1, 2023.

2. Adopt a Resolution establishing regulations for a voucher program and establishing an in-lieu fee pursuant to BMC Chapter 23.328 upon the effective date of contemporaneously adopted amendments to BMC Section 23.328, and rescind Resolution No. 70,668-N.S. related to fees, exemptions, and administration of inclusionary affordable housing and in-lieu programs upon the effective date of contemporaneously adopted amendments to BMC Chapter 23.328.

Financial Implications: See report
Contact: Jordan Klein, Planning and Development, (510) 981-7400, Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400

13b. Citywide Affordable Housing Requirements
From: Councilmember Harrison (Author)
Recommendation:

1. Amend Ordinance No. 7,853–N.S. to: a. replace exemption for fewer than five units with less than 3,000 square feet of Gross Floor Area as defined in BMC

23.106.030.

2. Rescind and replace Resolution No. 70,668–N.S. to: a. remove the in-lieu fee discount applied to projects of 12,000 or fewer residential square feet and include an analysis in the upcoming feasibility study of whether and at what size (based on residential square footage) projects should receive a discount in the level of affordable housing mitigation fees. Apply the standard $45 per square foot fee on projects of between 3,000 and 12,000 residential square feet; and b. utilize square footage instead of unit numbers in studying likely impacts on smaller projects.

Expedite the completion of the next feasibility study of the application of in-lieu fees on smaller projects of 3,000 square feet or less (equivalent to four to five units) to determine the level at which in-lieu fees for smaller projects are financially feasible.

Financial Implications: See report
Contact: Kate Harrison, Councilmember, District 4, (510) 981-7140

Information Reports

14. Referral Response: Home Share Program
From: City Manager
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400

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Information Reports
Tuesday, February 14, 2023 AGENDA Page 8

15. LPO NOD: 1767-1771 Alcatraz Avenue/#LMSAP2022-0010
From: City Manager
Contact: Jordan Klein, Planning and Development, (510) 981-7400

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

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

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

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

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

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

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

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

COMMUNICATION ACCESS INFORMATION:

This meeting is being held in a wheelchair accessible location.

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

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Tuesday, February 14, 2023 AGENDA Page 9
Attendees at public meetings are reminded that other attendees may be sensitive to various scents, whether natural or manufactured, in products and materials. Please help the City respect these needs.

Captioning services are provided at the meeting, on B -TV, and on the Internet. In addition, assisted listening devices for the hearing impaired are available from the City Clerk prior to the meeting, and are to be returned before the end of the meeting.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ I hereby certify that the agenda for this meeting of the Berkeley City Council was posted at the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way, as well as on the City’s website, on February 2, 2023.

Mark Numainville, City Clerk

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

Hopkins Corridor Plan

1. Michael Marletta

2. Constance Milligan

3. Ceara Brencic

4. Linda Franklin

5. Gabriele Weitzel

6. Warren Pottebaum

7. Miriam Kasin

8. Carol Hirth

9. Melissa Short

10. David Johnson

11. Richard Boubelik

12. Karen Olson

13. Diana Bohn

14. Phoebe Sorgen

15. Susan Griffin

16. Jane Stillwater

17. Stefano

18. Rocky Offner

19. Tony Corman

20. Sigurd Wilbanks

21. Ken Stein

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Tuesday, February 14, 2023 AGENDA Page 10

22. Anne Boersma

23. Kirsten Rose

24. Gabi Klausner

25. Kori Kody

26. Richard Hiersch

27. Oded Hilu

28. Chris McKee

29. John Rice

30. Deb Trillia

31. Mary Staats

32. Carol Hirth

33. Maris Arnold

34. Mike Lubby

35. Malu Paradise

36. Lorna Byrne

37. Karen Dabrusin

38. Meredith Stout

39. David Shere

40. Lisa Bruce

41. Kenny Yip (2)

42. Simon Hochberg

43. Joel Myerson

44. Stephen Wood (2)

45. Grace Munakata

46. Todd Andrew (2)

47. Lisa Oglesby

48. Soleil Taylor

49. Carol Hirth

50. Matthew Dimond

51. Richard Neese

52. Marcello Barbero

53. Michael Tompkins

54. Carol Lesh

55. Lenore Dolin

56. Carol Hirth

57. Laurence LePaule

58. Patrick Gordis

59. Lois Yuen

60. Todd Andrews

61. Sandra Smith

62. Kelly Haberer

63. steidtmann@

64. Gabriela Kipnis

65. Patricia Kipnis

66. Laura Fujii

67. Barbara

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Tuesday, February 14, 2023 AGENDA Page 11

68. Clifford Fred

69. Rachel Gold

70. Leslie Roussan

71. Wahid Bhimji

72. Jonah Busch

73. Amrando Chenyek

74. Tobey Wiebe

75. Sally Nelson

76. Nathan McPhail

77. Juli Dickey

78. Richard Tamm

79. Jack Kurzeil

80. Charles Siegel

81. Todd Andrew

82. Friends of Hopkins Street

83. Kenny Yip

84. Len Kamp

85. Stephen Wood

86. Charles Steidtmann

87. Janice Murota

88. Marguerite Lee

89. Nimrod Pitsker Elias

90. Andrea Traber

91. Dawn Howard

92. Stephanie Mackley

93. Stuart Hellman

94. Howard Goldberg

95. Cindi Goldberg

96. Carolyn Weil

97. Zipporah Collins

98. Jeanne Marguerite Brenna

99. Lee Bishop
100. Bianca Walser
101. Suzi Krebs
102. Summer Brenner
103. Ross Bernet
104. Robin Harley
105. Matthew Lewis
106. David Mendelsohn
107. Thomas Buckey
108. Diana Bohn
109. Gael Alcock
110. Joanne Cooke
111. Christopher Ardalan
112. Peggy Judge
113. Phyllis Orrick (3)

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Tuesday, February 14, 2023 AGENDA Page 12
114. Tom Lent
115. Peggy Scott
116. Susan McKearnan
117. Toby Pohl
118. Kathy Kemp
119. Jenn Bejaka

Crime in Berkeley
120. Tiffiny Fyans
121. Carla and Dolph Rempp
122. Rachel De La Montanya

Homelessness
123. David Freeling
124. Lynn Bradley

Equitable Housing
125. Elisa Mikiten
126. Diana Bohn (2)
127. Sara Sebahar

Youth Seat on Environmental and Climate Commission
128. Laura Galligan
129. Matthew Lovell
130. Franziska Raedeker
131. Helen Marcus
132. Ibmason

Berkeley Police Matters
133. Jennifer Louis, Interim Chief of Police

Grocery Stores Destruction
134. David Lerman

UA Theater on Shattuck
135. Constance Rivemale
136. Francie Maguire
137. Anne Herrick

African Americans Civil Rights
138. Wade Nobles

Budget Matters
139. Eric Friedman

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Tuesday, February 14, 2023 AGENDA Page 13
Reimagining Berkeley
140. Diana Bohn

Measure P
141. Eric Friedman

Telegraph Redesign
142. Mike Wilson

Berkeley’s Missing Restaurant Reports
143. David Lerman

Urgent Care
144. Fred Tabsharani

Mental Health First Aid Certification
145. Elana Auerbach

Climate Change – Rising Sea Levels
146. Fred Dodsworth

Public Bank of the East Bay
147. Bhima Sheridan

Pathway STAIR Center
148. Friends of the Adeline

Bike Lane Study – Dwight and Bonar
149. Farid Javandel, on behalf of the Transportation Division 150. Laurel and Ben Kuchinsky

Proclamation Request for the Kiwanis
151. Jeffrey Egeberg, on behalf of the Kiwanis Club of Berkeley

San Pablo Avenue Improvement Plan
152. Laura Riggs

City of Berkeley Pension Liabilities
153. Barbara Gilbert

Pedestrian Safety
154. Brooke Elmgren

Youth Drug Use/Mental Health
155. Barbara Gilbert

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Tuesday, February 14, 2023 AGENDA Page 14
North Berkeley BART Plans
156. Kenmotsu Junko

Solar Panel Adoption
157. Peter Schultze-Allen

Commissioners Conflict of Interest
158. Laura Fujii

RV’s Parked Around West Berkeley Area
159. Regina Kenney

Sexual Assault at the Hope Center
160. Eric Friedman

Residential Parking Permits
161. Lanay Thomas

Here/There Encampment
162. Stephanie Thomas
163. Debbie Perkins
164. Judy ann Alberti
165. Margaret Hurlbert
166. Toby Blome
167. Nora Ultreya
168. Diana Bohn (2)

Support West Berkeley Seniors and Youth in Budget
169. Carol Perez

SEIU 1021 Legislative Aides
170. Julio Corral, on behalf of SEIU 1021

URL’s Only
171. Vivian Warkentin (2)
Supplemental Communications and Reports
Items received by the deadlines for submission will be compiled and distributed as follows. If no items are received by the deadline, no supplemental packet will be compiled for said deadline.

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

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

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

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Ordinance No. 7,854-N.S. Page 1 of 2
ORDINANCE NO. 7,854-N.S.

ORDINANCE AMENDING THE MUNICIPAL CODE TO ALLOW ISSUANCE OF

RESIDENTIAL PARKING PERMITS FOR VEHICLES WITH OUTSTANDING PARKING TICKETS; AMENDING BERKELEY MUNICIPAL CODE SECTION 14.72.080 BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. That Berkeley Municipal Code Section 14.72.080 is amended to read as follows:

14.72.080 Issuance of permits.

A. Residential, local business and neighborhood-serving community facility parking permits shall be issued by the Department of Finance in accordance with requirements set forth in this chapter. Each such permit shall be designed to state or reflect thereon the identification of the particular residential, local business or neighborhood-serving community facility permit parking area for which it is issued. No more than one residential or local business parking permit shall be issued to each motor vehicle for which application is made.

B. When issuing local business and neighborhood-serving community facility permits, the Department of Finance in consultation with the traffic engineering division shall issue permits such that they will not unduly be concentrated on a specific block front in any given residential permit parking area.

1. No permits shall be issued to residents in newly constructed residential units.

The Current Planning division shall provide a listing of newly-constructed housing units to the Department of Finance.

2. No permits shall be issued to residents of Group Living Accommodations as defined in Chapter 23F.04 that are approved after January 1, 2012, unless the Zoning Adjustments Board specified otherwise when it approved the GLA. The Current Planning division shall provide a listing of addresses subject to this paragraph to the Department of Finance.

3. In the R-2 and R-2A zoning districts, no permits shall be issued to residents of dwelling units with more than 5 bedrooms to which new bedrooms have been added subsequent to January 1, 2012. The Current Planning division shall provide a listing of addresses subject to this paragraph to the Department of Finance.

4. This subdivision shall not prevent issuance of permits to residents of permitted and legal nonconforming sororities, fraternities and student cooperatives who are not otherwise prohibited from obtaining them.

D. The Department of Finance and the Public Works Transportation Division are authorized to issue such rules and regulations necessary to implement this chapter, and are not inconsistent with it.

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Ordinance No. 7,854-N.S. Page 2 of 2
E. Parking permits shall not be issued for vehicles for which there is any outstanding City of Berkeley notice of violation of parking rules and restrictions that are unpaid for more than 21 calendar days from the issuance of the parking violation, except for vehicles belonging to individuals eligible for the City’s Indigent Payment Plan.

Section 2. Copies of this Ordinance shall be posted for two days prior to adoption in the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way. Within 15 days of adoption, copies of this Ordinance shall be filed at each branch of the Berkeley Public Library and the title shall be published in a newspaper of general circulation.

At a regular meeting of the Council of the City of Berkeley held on January 31, 2023, this Ordinance was passed to print and ordered published by posting by the following vote:

Ayes: Bartlett, Hahn, Harrison, Humbert, Robinson, Taplin, Wengraf, and Arreguin.

Noes: None.

Abstain: Kesarwani.

Absent: None.

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

CONSENT CALENDAR
February 14, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Henry Oyekanmi, Director, Finance
Subject: Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on February 14, 2023

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

FISCAL IMPACTS OF RECOMMENDATION
Total estimated cost of items included in this report are $2,124,000.

CURRENT SITUATION AND ITS EFFECTS
On May, 6, 2008, Council adopted Ordinance No. 7,035-N.S. effective June 6, 2008, which increased the City Manager’s purchasing authority for services to $50,000. As a PROJECT Fund Source Amount
Consultant Services for
Mental Health Medi-Cal
Billing and the CalAIM
Transition
158
316
Mental Health State AID
realignment $75,000
Target Case Management
Consultant 313 n/a $150,000
Bus Transportation for
Summer Camps
125
011 Playground Camp $399,000
Just Transition Pilot Program 011 Discretionary $1,500,000 Total: $2,124,000

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Formal Bid Solicitations and Request for Proposals CONSENT CALENDAR Scheduled for Possible Issuance After Council February 14, 2023 Approval on February 14, 2023
result, this required report submitted by the City Manager to Council is now for those purchases in excess of $100,000 for goods; and $200,000 for playgrounds and construction; and $50,000 for services. If Council does not object to these items being sent out for bid or proposal within one week of them appearing on the agenda, and upon final notice to proceed from the requesting department, the IFB (Invitation for Bid) or RFP (Request for Proposal) may be released to the public and notices sent to the potential bidder/respondent list.

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

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

RATIONALE FOR RECOMMENDATION
Need for the services.

ALTERNATIVE ACTIONS CONSIDERED
None.

CONTACT PERSON
Darryl Sweet, General Services Manager, Finance, 510-981-7329 Attachments:
1: Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on February 14,2023
a. Consultant Services for Mental Health Medi-Cal Billing and the CALAIM Transition
b. Target Case management Consultant
c. Bus Transportation for Summer Camps
d. Just Transition Pilot Program
Note: Original of this attachment with live signature of authorizing personnel is on file in General Services.

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NEXT 30 DAYS
DATE SUBMITTED: February 14, 2023
Attachment 1

SPECIFICATION
NO.

DESCRIPTION OF

GOODS /

SERVICES BEING

PURCHASED
APPROX.

RELEASE
DATE
APPROX.

BID

OPENING
DATE

INTENDED USE ESTIMATED
COST

BUDGET CODE TO BE

CHARGED
DEPT. /

DIVISION

CONTACT NAME &
PHONE
23-11566-C Consultant
services for
Mental Health
Medi-Cal billing
and the CalAIM
transition
1/18/2023 2/23/2023 Consultant services to provide
technical expertise on mental
health Medi-Cal billing and the
changes and opportunities
associated with the state’s
CalAIM initiative
$75,000 "$37,500:

HHMRLADM23-

NONPERSONN-

CONTRSERVI-
MISCPROFSV; 158-51-
503-520-0000-000-451-
612990-
$37,500: HHMMCSYS23-

NONPERSONN-

CONTRSERVI-
MISCPROFSV; 316-51-
503-520-0000-000-451-
612990-
"
HHCS/Office
of the Director
Amy Davidson 981-
5406
23-11582-C Target Case
Management
Consultant
2/15/2023 3/15/2023 Consultant Time to conduct a
program assessment and training
materials
$150,000 "Funding will be
appropriated through the
AAO2 in the following:
$75,000: HHPTCM2301-

NONPERSONN-

OPERATING-
MISCPROFSV; 313-51-
506-556-2071-000-451-
612990-
$75,000: HHATCM2301-

NONPERSONN-

OPERATING-
MISCPROFSV; 313-51-
505-548-2071-000-444-
612990-
"
HHCS/ Public
Health
Janice Chin 510-981-
5121
DEPT. TOTAL $225,000
1 of 2

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NEXT 30 DAYS
DATE SUBMITTED: February 14, 2023
Attachment 1
23-11585-C Bus
Transportation
for Summer
Camps
02/14/23 03/7/23 "Transportation to and from Berkeley
Echo Lake Camp for Youth Camp
Sessions
Bus Transportation Services for
Recreation Division Programs
3-year contract
($133,000/year) "
$250,000
$149,000
Total: $399,000
"Echo Lake Camp:
125-52-543-582-0000-000-
461-634230-
Other Recreation Division
Programs:
011-52-543-570-0000-000-
461-634230- "
PRW
Recreation
Justin Pitcher
981-5123
DEPT. TOTAL 399000
23-11586-C Just Transition
Pilot Program
1/15/2023 3/28/2023 The City of Berkeley seeks a highly qualified
team led by a program
administrator to develop and
implement a Just Transition Pilot to
install building electrification
measures in existing affordable
housing buildings and/or for low-to-
moderate
income The Just Transition
Pilot requires electrification upgrades
be completed by qualified
contractor(s) who meet minimum
labor standards, as a way to ensure
that residential
electrification
construction work provides equitable
benefits to workers.

Total not-to-
exceed $1,500,000
011-53-583-611-0000-
000-441-612990-
Planning /
OESD
Billi Romain 981-
7432
DEPT. TOTAL 1,500,000
TOTAL 2124000

SPECIFICATION
NO.

DESCRIPTION OF

GOODS /

SERVICES BEING

PURCHASED
APPROX.

RELEASE
DATE
APPROX.

BID

OPENING
DATE

INTENDED USE ESTIMATED
COST

BUDGET CODE TO BE

CHARGED
DEPT. /

DIVISION

CONTACT NAME &
PHONE
2 of 2

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

CONSENT CALENDAR
February 14, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: David Sprague, Interim Fire Chief
Subject: Contract: Public Consulting Group for Professional Services

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to enter into a contract with Public Consulting Group (PCG) for professional services related to the Ground Emergency Medical Transport (GEMT), Quality Assurance Fee (QAF), Intergovernmental Transfer (IGT), and Public Provider Ground Emergency Medical Transport (PP-GEMT) programs using the General Services Agency’s (GSA) contract No. 47QTCA20D004Y for an amount not to exceed $200,000 in the base term from March 1, 2023 through January 22, 2025 and not to exceed $300,000 in total with one two (2) year extension to January 22, 2027 if the GSA contract is extended.

FISCAL IMPACTS OF RECOMMENDATION
PCG’s compensation for contracted services are based on PCG’s GSA Authorized Federal Supply Schedule Price List. In most cases, PCG is compensated once the City receives reimbursement from the California Department of Health Care Services (DCHS). The total contract with the extension, shall not exceed $300,000. Funds will be available through the General Fund.

CURRENT SITUATION AND ITS EFFECTS
DCHS, in collaboration with Sacramento Metro Fire District, transitioned out of the GEMT Quality Assurance Fee (QAF) and the GEMT Certified Public Expenditure (CPE) programs. The new program, Public Provider Ground Emergency Medical Transport Intergovernmental Transfer Program (PP-GEMT IGT) is effective January 1, 2023 and significantly changes how supplemental payments are calculated. While the new program was being designed, the GEMT Certified Public Expenditure (CPE) program was put on hold in FY 2019 and cost reports were not being accepted by the DCHC. In order for the City to participate in the new PP-GEMT IGT program, the City is required to close out all reporting obligations that were put on hold beginning in FY 2019.

Since the GEMT program is no longer on hold and to receive supplemental payments from previous years, the Fire Department must submit GEMT reports for fiscal years 2019, 2020, 2021, 2022, and 2023. As the PP-GEMT IGT program evolves, additional

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Contract: Public Consulting Group CONSENT CALENDAR
February 14, 2023

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work may be required from PCG to analyze City data or prepare documents related to these programs. If the PP-GEMT IGT program fails to launch, DHCS may revert back to the legacy program (GEMT-CPE) and PCG’s services will be needed to assist with preparation of the required reports.

BACKGROUND
The Department provides city-wide first responder medical and transport services.

When services are provided to a Medi-Cal recipient, allowable costs that are in excess of other Medi-Cal revenue received by the City qualify for supplemental payments through these programs.

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

RATIONALE FOR RECOMMENDATION
PCG’s expertise, methodology, and approach to the report preparation is expected to yield an increase in supplemental payments compared to previous years.

ALTERNATIVE ACTIONS CONSIDERED
Staff would be required to painstakingly prepare and submit the five (5) cost-basis reports and any future reports and risk lower reimbursements to the City and a higher potential for a DHCS audit and subsequent repayment.

CONTACT PERSON
David Sprague, Interim Fire Chief, (510) 981-3473
Attachments:
1: Resolution
2: GSA Contract No. 47QTCA20D004Y

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

CONTRACT: PUBLIC CONSULTING GROUP FOR PROFESSIONAL SERVICES WHEREAS, the Department provides city-wide first responder medical and transport services. When services are provided to a Medi-Cal recipient, allowable costs that are in excess of other Medi-Cal revenue received by the City qualify for supplemental payments through these programs; and
WHEREAS, DCHS, in collaboration with Sacramento Metro Fire District, transitioned out of the GEMT Quality Assurance Fee (QAF) and the GEMT Certified Public Expenditure (CPE) programs, and
WHEREAS, the new program, Public Provider Ground Emergency Medical Transport Intergovernmental Transfer Program (PP-GEMT IGT) is effective January 1, 2023 and significantly changes how supplemental payments are calculated, and WHEREAS, while the new program was being designed, the GEMT Certified Public Expenditure (CPE) program was put on hold in FY 2019 and cost reports were not being accepted by the DCHC, and
WHEREAS, in order for the City to participate in the new PP-GEMT IGT program, the City is required to close out all reporting obligations that were put on hold beginning in FY 2019, and
WHEREAS, the GEMT program is no longer on hold and to receive supplemental payments from previous years, the Fire Department must submit GEMT reports for fiscal years 2019, 2020, 2021, 2022, and 2023, and
WHEREAS, as the PP-GEMT IGT program evolves, additional work may be required from PCG to analyze City data or prepare documents related to these programs. If PP-GEMT IGT program fails to launch, DHCS may revert back to the legacy program (GEMT-CPE), PCG’s services will be needed to assist with preparation of required reports.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager to enter into a contract with Public Consulting Group (PCG) for professional services related to the Ground Emergency Medical Transport (GEMT), Quality Assurance Fee (QAF), Intergovernmental Transfer (IGT), and Public Provider Ground Emergency Medical Transport (PP-GEMT) programs using the General Services Agency’s (GSA) contract No. 47QTCA20D004Y for an amount not to exceed $200,000 in the base term from March 1, 2023 through January 22, 2025 and not to exceed $300,000 in total with one two (2) year extension to January 22, 2027 if the GSA contract is extended.

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General Services Administration
Federal Supply Service
Authorized Federal Supply Schedule Price List

Multiple Award Schedule (MAS)

Public Consulting Group LLC
148 State St. 10th Floor
Boston, MA 02109
Phone: (617) 426-2026 FAX: (617) 426-2036
www.publicconsultinggroup.com

CONTRACT NUMBER: 47QTCA20D004Y
PERIOD COVERED BY CONTRACT: January 23, 2020 – January 22, 2025 PRICELIST CURRENT THORUGH MODIFICATION #PS-0012 August 13, 2021

For more information on ordering from Federal Supply Schedule click on the FSS Schedules button at fss.gsa.gov. On-line access to contract ordering information, terms and conditions, and up-to-date pricing, as applicable, is available on GSA Advantage! at https://www.gsaadvantage.gov

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Table of Contents

INFORMATION FOR ORDERING ACTIVITIES ................................................................................................................. 3

PUBLIC CONSULTING GROUP LLC LABOR CATEGORY DESCRIPTIONS ............................................................... 6

PUBLIC CONSULTING GROUP LLC. GSA AUTHORIZED IT SCHEDULE PRICELIST ............................................ 18

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Public Consulting Group LLC 47QTCA20D004Y Page 3 (703) 286-1880

INFORMATION FOR ORDERING ACTIVITIES

1a. AUTHORIZED SPECIAL ITEM NUMBERS (SINs):

SIN DESCRIPTION
511210 Software Licenses
522310 Financial Advising, Loan Servicing and Asset Management Services
531210 Financial Asset Resolution Services
541211 Auditing Services
541219 Budget and Financial Management Services
54151S Information Technology Professional Services
541611 Management and Financial Consulting, Acquisition and Grants Management Support, and Business Program and Project
Management Services
OLM Order-Level Materials (OLM)
Note: Contractor has been awarded Special Item Numbers 511210 and 54151S under the Cooperative Purchasing Programs. All Special Item Numbers are awarded under the Disaster Recovery Program

1b. Lowest Priced Model Number and Price for each SIN: See Price List

1c. SERVICES OFFERED: See Price List

2. MAXIMUM ORDER PER SIN:

SIN MAXIMUM ORDER
511210 $500,000
522310 $1,000,000
531210 $1,000,000
541211 $1,000,000
541219 $1,000,000
54151S $500,000
541611 $1,000,000
OLM $250,000

This maximum order threshold is a dollar amount at which it is suggested that the ordering agency request higher discounts from the contractor before issuing the order. The contractor may: (1) Offer a new lower price, (2) Offer the lowest price available under the contract, or (3) Decline the order within five (5) days.

In accordance with the Maximum Order provisions contained in the Schedule, a delivery order may be placed against the Schedule contract even though it exceeds the maximum order threshold.

3. MINIMUM ORDER LIMITATION: $100

4. GEOGRAPHIC COVERAGE (DELIVERY AREA): The geographic scope of this contract is the 48 contiguous states, Alaska, Hawaii, Puerto Rico, Washington, DC, and U.S. territories.

5. POINT OF PRODUCTION: United States

6. BASIC DISCOUNT: Prices listed are net, discounts have been deducted and the industrial funding fee has been added

7. QUANTITY DISCOUNT: None Offered

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8. PROMPT PAYMENT TERMS: None, Net 30

9. FOREIGN ITEMS: None

10a. TIME OF DELIVERY: 511210: 30 days
522310: As negotiated with the Ordering Activity
531210: As negotiated with the Ordering Activity
541211: As negotiated with the Ordering Activity
541219: As negotiated with the Ordering Activity
54151S: As negotiated with the Ordering Activity
541611: As negotiated with the Ordering Activity

10b. EXPEDITED DELIVERY: Contact Contractor

10c. OVERNIGHT AND 2-DAY DELIVERY: Contact Contractor

10d. URGENT REQUIREMENTS: Contact Contractor

11. F.O.B. POINT: FOB Destination

12a. ORDERING ADDRESS: Public Consulting Group LLC 148 State St. 10th Floor
Boston, MA 02109

12b. ORDERING PROCEDURES: For supplies and service the ordering procedures, information on Blanket Purchase Agreements (BPAs), and a sample BPA may be found at the GSA/FSS Schedule homepage (gss.gsa.gov/schedule).

13. PAYMENT ADDRESS: Same as Ordering Address

14. WARRANTY PROVISION: Standard Commercial Warranty

15. EXPORT PACKING CHARGES: Not Applicable

16. TERMS AND CONDITIONS OF RENTAL: Not Applicable

17. TERMS AND CONDITIONS OF INSTALLATION: Not Applicable

18a. TERMS AND CONDITIONS OF REPAIR PARTS: Not Applicable

18b. TERMS AND CONDITIONS FOR ANY OTHER SERVICES: Not Applicable

19. LIST OF SERVICE AND DISTRIBUTION POINTS: Not Applicable

20. LIST OF PARTICIPATING DEALERS: Not Applicable

21. PREVENTIVE MAINTENANCE: Not Applicable

22a. SPECIAL ATTRIBUTES: Not Applicable

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22b. SECTION 508 COMPLIANCE INFORMATION: Not Applicable

23. UNIQUE ENTITY IDENTIFIER (UEI) NUMBER :182826909

24. CONTRACTOR HAS REGISTERED IN THE SYSTEM FOR AWARD MANAGEMENT (SAM) DATABASE.

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PUBLIC CONSULTING GROUP LLC

LABOR CATEGORY DESCRIPTION

SIN 54151S Information Technology Professional Services

IT Project Director
Functional Responsibility: The IT Project Director leads IT Consulting engagements, providing overall leadership and coordinating resources.

Responsibilities:
• Provide overall leadership, coordination and oversight over the scope of work • Exercise authority to commit resources needed to successfully perform work • Communicate with client executives and other key stakeholders • Function as the primary point of contact with the appropriate governance bodies and key stakeholders for activities related to contract administrations, overall program and/or project management and scheduling, communications with sponsors, dispute resolution, and engagement status reporting • Responsible for planning and execution of engagement budgets • Managed large teams, including training, assignments, performance evaluations, and managing issues, ensuring the overall program and project management discipline, driving its consistent use, overseeing development and monitoring of program and project management standards, tools, and processes. Experienced with direct demand management and reporting across a portfolio of projects, direct budget forecasting, developing and managing to portfolio, program, and project performance criteria.
• Has extensive experience in: project/program planning, assessment and management, project accounting, budgeting/forecasting systems and procedures, partnering strategies and contract law, performance appraisal techniques and development strategies, staffing strategies and options, skills inventory tools and capability planning, corrective action policies and procedures, development strategies, capability and capacity planning, effective interviewing techniques, information resources, corporate standards of excellence in customer service, problem escalation and resolution channels and risk management.

Minimum/General Experience: Minimum of 10 years’ experience.

Minimum Education: Bachelor’s Degree in computer science or related field.

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IT Subject Matter Expert (SME)/Advisor
Functional Responsibility: The IT Subject -Matter Expert (SME)/Advisor is responsible for providing technical support and/or leadership in the creation and delivery of technology solutions designed to meet customers’ business needs and consequently, for understanding customers’ businesses. As trusted advis or, create and maintain effective customer relationships to ensure customer satisfaction. Maintain knowledge of leading-edge technologies and industry/market domain knowledge. Shape technical direction and technical strategies for external customers.

Responsibilities:
• Applies advanced subject matter knowledge to complex business issues and is regarded by others as a subject matter expert
• Frequently contributes to the development of new ideas/methods • Usually works on complex problems or projects where analysis of situations or data requires an in-depth evaluation of multiple factors
• Regularly exercises significant independent judgment within broadly defined policies and practices to determine best method for accomplishing work and achieving objectives • Leads and/or provides expertise to functional project teams and may participate in cross functional initiatives • Provides mentoring and guidance to employees at lower job levels • Responsible for verifying and implementing the technical design solution to the problem as identified by the Project/Technical Manager
• Often responsible for providing a detailed technical design for enterprise IT Management solution • Regularly leads in the technical assessment and delivery of specific technical solutions to the customer • Coordinates implementation of new installations, designs, and migrations for SW solutions • Provides advanced technical assistance and advice to others on proposal efforts, solution design, system management, tuning and modification of SW solutions
• Collects and determines data from appropriate sources to assist in determining customer needs and requirements • Responds to requests for technical information from customers • Develops customer technology solutions based upon SW products • Engages in technical problem solving across multiple technologies; often needs to develop new methods to apply to the situation
Minimum/General Experience: Minimum of 10 years’ experience.

Minimum Education: Bachelor’s Degree in computer science or related field.

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IT Project Manager II
Functional Responsibility: The IT Project Manager II leads IT Consulting projects to ensure that scope, time, budget and quality expectations are met through planning, controlling and managing customer projects. The IT Project Manager II manages corporate, customer and third -party vendor efforts to plan, sell and implement solutions to resolve customer problems. Responsible for business as well as team management.

Responsibilities:
• Has accountability for a large IT projects with significant impact on business unit results and organizational strategy • Applies expert subject matter knowledge to manage staff activities in solving most complex business/technical issues within established policies
• Acts as a key advisor to senior management on the development of overall policies and long-term goals of the project • Plans, directs and monitors high-end operational/tactical activities of staff • Recruits and supports development of direct staff members • Has extensive experience in: project/program planning, assessment and management, project accounting, budgeting/forecasting systems and procedures, partnering strategies and contract law, performance appraisal techniques and development strategies, staffing strategies and options, skills inventory tools and capability planning, corrective action policies and procedures, development strategies, capability and capacity planning, effective interviewing techniques, information resources, corporate standards of excellence in customer servic e, problem escalation and resolution channels and risk management.

Minimum/General Experience: Minimum of 8 years’ experience.

Minimum Education: Bachelor’s Degree in computer science or related field.

IT Project Manager I
Functional Responsibility: The IT Project Manager I lead IT Consulting projects to ensure that it meets all scope, time, budget and quality expectations, through planning, controlling and managing customer projects.

Responsibilities:
• Manage customer project delivery
• Manage project financials including P&L
• Manage project team; plan, direct and monitor operational/tactical activities of staff • Apply subject matter knowledge to manage staff activities in solving common and complex business/technical issues within established policies
• Provide guidance on process and technical improvements and recommends changes in alignment with business tactics and strategy
• Assess business impact of specific technologies and/or strategies • Identify and address technical or operational risks/issues • Provide review/input on project activities for IT-related projects • Collaborate with the project team to develop detailed project plans and work breakdown structures for IT projects • Recruit and support development of direct staff members • Experience in project/program planning, assessment and management, project accounting, skills inventory tools, and the application of IT Project Management best practices and industry standards • Knowledgeable of IT trends in the marketplace.

Minimum/General Experience: Minimum of 5 years’ experience.

Minimum Education: Bachelor’s Degree in computer science or related field.

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System Analyst I
Functional Responsibility: The Systems Analyst is responsible for conducting research on various hardware and software to decide if they will improve the overall IT function. The Systems Analyst will install, deploy, and test new systems.

Responsibilities:
• Consult with colleagues about their IT needs.
• Research hardware and software technologies to decide if they offer improvements. • Help the management team decide if IT systems and infrastructure upgrades make business sense. • Develop new functionality for existing computer systems. • Select and install new software and hardware systems. • Oversee new system installation and setup and customize them for business needs. • Run tests on systems.
• Train end users and write instruction manuals as necessary. • Knowledge of and experience with distributed networking concepts. • Experience using computer aided software engineering tools and applications. • Deep knowledge of hardware and software applications. • Proven track record developing and supporting effective business systems. • Ability to effectively present information and respond to questions from groups of managers, clients, customers, and the general public.
• Strong understanding of and ability to use mathematics. • Ability to define problems, collect data, establish facts, and draw valid conclusions. • Work well with our network administrator, security analyst, hardware analyst, business analyst, support specialist and other team members.
• Assist with inventory control.
• Provide technical support as needed.

Minimum/General Experience: Minimum of 4 years’ experience.

Minimum Education: Bachelor’s Degree in computer science or related field.

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Technical Business Analyst I
Functional Responsibility: The Technical Business Analyst serves as the liaison between the program area staff and the technical team. This position will be responsible for understanding the needs of the program office and working with the technical team to incorporate these needs into the design of the application. Key Responsibilities include soliciting business requirements, directing a technical writer in developing test scenarios and training materials.

Responsibilities
• Understand the business functions and requirements of the program office and work in tandem with the program office staff to prioritize changes
• Facilitate sessions to elicit requirement details
• Analyze requirements to determine appropriate features for the application • Create business requirements documentation
• Translate business requirements into technical specifications and develop test scenarios • Create documentation
• Develop test cases, coordinate testing
• Develop training materials.
• Experience planning test cases and analyzing test outcomes • Experience developing test documentation, including test scenarios and test scripts • Analysis of changes requests, services requests, and problem reports • Identification of possible solutions and making recommendations based on a variety of factors. • Creating or updating use cases and artifacts
• Capturing and documenting requirements
• Functional elaboration using re quirements attributes and traceability to manage scope and change through the product lifecycle
• Develop and update of test case scenarios
• Development of training materials
• A proven work history of excellent verbal and written communications with clients and technical staff in English.

Minimum/General Experience: Minimum of 4 years’ experience.

Minimum Education: Bachelor’s Degree in computer science or related field.

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Quality Assurance Software Tester
Functional Responsibility: The Quality Assurance Software Tester is responsible for test planning, test script design, defect tracking, test summary, and test metrics reporting within a software project team.

Responsibilities
• Lead the QA testing for new software project development as well as ongoing production defect fixes • Communicate the ongoing progress of the projects testing effort • Actively participate in walk-through, inspection, review and user group meetings for quality assurance • Assist QA analysts with complex problems regarding testing appr oaches, application knowledge, and technical knowledge
• Plan, document, evaluate and track testing results to ensure system applications are free from defects • Develop and provide testing metrics and reports to effectively communicate quality measures and me trics to the project team and management
• Estimate quality assurance efforts on approved projects with IT Manager • Manage toward results, by process, with facts and with continuous process improvement in mind • Provide leadership and mentoring to team members
• Excellent understanding of Automation/Manual Testing and Strategies • Thorough knowledge of the entire SDLC, testing methodologies and their direct implementation to projects. • Ability to plan, manage, and organize multiple concurrent projects • Experience in both Agile/Scrum and Waterfall Methodologies • Experience testing browser-based/web applications
• Extremely detail-oriented and organized
• Extensive experience with User testing (UAT)
Minimum/General Experience: Minimum of 3 years’ experience.

Minimum Education: Bachelor’s Degree in computer science or related field.

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Developer I
Functional Responsibility: The Software Developer 1 is junior developer position responsible for the development of information technology projects. The Developer will primarily revolve around building software by writing code, as well as modifying software to fix errors, adapt it to new hardware, improve its performance, or upgrade interfaces.

Responsibilities:
• Modifying software to fix errors, adapt it to new hardware, improve its performance, or upgrade interfaces. • Directing system testing and validation procedures.
• Directing software programming and documentation development. • Consulting with departments or customers on project status and proposals. • Working with customers or departments on technical issues including software system design and maintenance. • Analyzing information to recommend and plan the installation of new systems or modifications of an existing system.
• Consulting with engineering staff to evaluate software -hardware interfaces and develop specifications and performance requirements.
• Designing and developing softwar e systems using scientific analysis and mathematical models to predict and measure outcomes and design consequences.
• Preparing reports on programming project specifications, activities, or status. • Conferring with project managers to obtain information on limitations or capabilities. • Knowledge of the software development life-cycle.
• The desire to work in fast-paced environment.
• Ability to develop unit testing of code components or complete applications. • Creativity is always a plus.
• Must be a full-stack developer and understand concepts of software engineering. • Experience working on a variety of software development projects. • Deep programming language knowledge.

Minimum/General Experience: Minimum of 2 years’ experience.

Minimum Education: Associates Degree in computer science or related field.

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SINS 522310 (Financial Advising, Loan Servicing and Asset Management Services), 531210 (Financial Asset Resolution Services), 541211(Auditing Services), 541219 (Budget and Financial Management Services), and 541611 (Management & Financial Consulting, Acquisition & Grants Management Support, & Business Program & Project Management Services)

Consulting Management Executive - Senior
Functional Responsibility: Provides executive leadership to the overall engagement effort and serves as a principal contact to the agency lead. Establishes executive direction to a team of experts and advisors who make recommendations, guide, determine best practices and deliver specialized subject matter kno wledge to support effective and efficient management of agency programs and business functions. Provides corporate -level quality assurance for the engagement and oversees compliance with the firm’s professional service standards. This position monitors the progress of the engagement to assure overall excellence in completion of deliverables and tasks. In collaboration with the agency lead, makes decisions about the direction of the engagement and provides a central point of authority and accountability for the firm.

Minimum/General Experience: Minimum of 15 years’ experience Minimum Education: Bachelor's Degree in a related field.

Consulting Management Executive
Functional Responsibility: Provides executive leadership to the overall engagement effort and serves as a principal contact to the agency lead. Establishes executive direction to a team of experts and advisors who make recommendations, guide, determine best practices and deliver specialized subject matter knowledge to support effective and efficient management of agency programs and business functions. Provides corporate -level quality assurance for the engagement and oversees compliance with the firm’s professional service standards. This position monitors the progress of the engagement to assure overall excellence in completion of deliverables and tasks. In collaboration with the agency lead, makes decisions about the direction of the engagement and provides a central point of authority and accountability for the firm.

Minimum/General Experience: Minimum of 10 years’ experience Minimum Education: Bachelor's Degree in a related field.

Senior Consultant
Functional Responsibility: Supervises the engagement team, provides day -to-day engagement oversight, review and approval of deliverables and tasks, compliance with engagement standards and quality control of engagement reporting.

Leads ongoing efforts of team of experts and advisors who make recommendations, guide, determine best practices and deliver specialized subject matter knowledge to support effective and efficient management of agency programs and business functions. The Consulting Senior Manager works closely with the Consulting Management Executive in the development of the overall engagement approach.

Minimum/General Experience: Minimum of 7 years’ experience Minimum Education: Bachelor's Degree in a related field.

Consultant
Functional Responsibility: The Consultant is responsible for the completion of a wide variety of engagement and deliverables. The Consultant provides subject matter expertise and advice, prepares recommendations, and determines best practices to support effective and efficient management of agency programs and business functions. Prepares technical reports by analyzing and summarizing information and trends. Possesses comprehensive knowledge of subject matter. Provides leadership, coaching, and/or mentoring to a subordinate group.

Minimum/General Experience: Minimum of 5 years’ experience Minimum Education: Bachelor's Degree in a related field.

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Public Consulting Group LLC 47QTCA20D004Y Page 14 (703) 286-1880
Consulting Business Analyst
Functional Responsibility: The Consulting Business Analyst plays a key role in completion of engagement deliverables by assessing best practices, collecting information, and analyzing quantitative and qualitative data to promote effective and efficient management of agency programs and business functions. Supports preparation of re commendations and prepares technical reports by analyzing and summarizing information and trends.

Minimum/General Experience: Minimum of 3 years’ experience Minimum Education: Bachelor's Degree in a related field.

Consulting Senior Subject Matter Expert
Functional Responsibility: Provides specialized subject matter expertise relevant to the business requirements of the engagement. Expertise is highly technical in nature and may include expansive knowledge of industry regulations, best practices and emerging trends.

Minimum/General Experience: Minimum of 5 years’ experience Minimum Education: Bachelor's Degree in Public Policy, Public Administration, Business Administration, or related degree preferred

Program Operations Director
Functional Responsibility : Oversees recurring program functions or processes necessary to support the engagement.

Develops program strategies meant to assist engagement goals and objectives. Evaluates and recommends changes to program policies or procedures. Has extensive experience with program concepts and principles. Leads and directs the work of other program operations employees and has responsibility for personnel actions including hiring, performance management, and termination. Supervision is often provided through a team of subordinate managers.

Minimum/General Experience: 5+ years’ experience managing complex operations projects in relevant area of discipline Minimum Education: Bachelor’s degree or higher in a related business discipline or the equivalent required

Program Operations Supervisor
Functional Responsibility: Supervises program operational components of an engagement. Implements and administers program functions or processes, ensuring that they are completed accurately, on time, and in compliance with est ablished policies and regulations. Tracks program processes and reports during engagement detailing quality. Assigns staff to tasks based on availability or expertise. Monitors program operations team to ensure engagement effectiveness. Knowledge of the field's policies, procedures, and practices.

Minimum/General Experience: 3 years of relevant work experience in the fields of business, healthcare, public policy, vocational rehabilitation, disability services, employment services, workforce development, human services, or public policy.

Minimum Education: Bachelor’s degree in business administration, and accounting. Appropriate certifications accepted in lieu of degree for the disciplines of social work, public policy, project management, education, and healthcare where relevant (i.e. Registered Nurse, Certified Coder, Certified Project Management Professional, Masters in Social Work, etc.)

Program Senior Operations Manager
Functional Responsibility: Administers recurring program functions or processes necessary to support the engagement.

Develops and implements strategies mea nt to assist the engagement objectives. Evaluates and recommends changes to program policies or procedures. Comprehensive knowledge of the field's concepts and principles. Performs complex tasks typically following established processes. Leads and directs the work of other employees and has full authority for personnel decisions.

Minimum/General Experience: Minimum of 5 years’ experience Minimum Education: Bachelor’s Degree in business, Business Administration, Accounting, Social Work, Public Policy, or other closely related fields

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Public Consulting Group LLC 47QTCA20D004Y Page 15 (703) 286-1880
Program Operations Manager
Functional Responsibility: Manages daily financial operations during the engagement. Administers recurring or daily financial functions or processes necessary for audit execution. Develops and impleme nts financial strategies meant to assist meeting engagement goals. Approves and allocates resources based on financial engagement priorities. Performs complex engagement tasks typically following established financial processes. Leads and directs the work of other employees and has full authority for personnel decisions.

Minimum/General Experience: Minimum of 3 years’ experience Minimum Education: Bachelor’s Degree in business, Business Administration, Accounting, Social Work, Public Policy, or other closely related fields preferred

Program Operations Analyst
Functional Responsibility: Monitors and analyzes program operations that impact performance. Identifies, analyzes and solves technical program problems. Responds to customer problems and complaints. A ssesses program needs and makes recommendations for change. Designs program tools to detect and report on performance. Troubleshoots and provides support to users. Performs work under direct supervision. Handles basic issues and problems and refers more co mplex issues to higher-level staff. Possesses entry to journey knowledge of subject matter.

Minimum/General Experience: Minimum of 1 years’ experience Minimum Education: Bachelor’s Degree in business, business administration, accounting, social work, publ ic policy, or other closely related fields.

Training Operations Director
Functional Responsibility: Oversees recurring training functions or processes necessary to support the engagement.

Develops training strategies meant to assist engagement goals and objectives. Evaluates and recommends changes to training policies or procedures. Has extensive experience with training concepts and principles. Leads and directs the work of other training operations employees and has responsibility for personnel actions including hiring, performance management, and termination. Supervision is often provided through a team of subordinate managers.

Training Operations Supervisor
Functional Responsibility: Supervises training operational components of an engagement. Implements and administers training functions or processes, ensuring that they are completed accurately, on time, and in compliance with est ablished policies and regulations. Tracks training processes and reports during engagement detailing quality. Assigns staff to tasks based on availability or expertise. Monitors training operations team to ensure engagement effectiveness. Knowledge of the field's policies, procedures, and practices.

Training Senior Operations Manager
Functional Responsibility: Administers recurring training functions or processes necessary to support the engagement.

Develops and implements strategies meant to assist the engagement objectives. Evaluates and recommends changes to training policies or procedures. Comprehensive knowledge of the field's concepts and principles. Perform s complex tasks typically following established processes. Leads and directs the work of other employees and has full authority for personnel decisions.

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Public Consulting Group LLC 47QTCA20D004Y Page 16 (703) 286-1880
Training Operations Manager
Functional Responsibility: Manages daily financial operations during the engagement. Administers recurring or daily financial functions or processes necessary for audit execution. Develops and implements financial strategies meant to assist meeting engagement goals. Approves and allocates resources based on financial engagement priorities. Performs complex engagement tasks typically following established financial processes. Leads and directs the work of other employees and has full authority for personnel decisions.

Training and Curriculum Specialist
Functional Responsibility: Develops and delivers training programs. Identifies skill or knowledge gaps and develops training content in response to identified training needs. Selects training tools or training delivery mechanisms, based on the material being taught and the audience being targeted. Creates and maintains course content, manuals, or other training materials. Coordinates guest trainers or subject matter experts (SMEs). Assesses the impact of training programs by measuring employee understanding of the subject matter.

Minimum/General Experience: 3 years’ experience in a relative subject matter area Minimum Education: Bachelor’s degree or higher or 5 years or more of relevant subject matter experience

Training Operations Analyst
Functional Responsibility: Monitors and analyzes training operations that impact performance. Identifies, analyzes and solves technical training problems. Responds to customer problems and complaints. Assesses training needs and makes recommendations for change. Designs training tools to detect and report on performance. Troubleshoots and provides support to users. Performs work under direct supervision. Handles basic issues and problems and refers more complex issues to higher-level staff. Possesses entry to journey knowledge of subject matter.

Program Quality Assurance/Testing Specialist
Functional Responsibility: Establishes quality assurance/testing standards for engagement processes and serves as QA and testing resource to the project . Works closely with cross -functional teams to identify and mitigate quality risks. Reviews processes and inputs to assure that established quality standards are met. Conducts root cause analysis for defects, non - conformities, or other quality failures. May be responsible for ensuring compliance wit h formal external quality standard s.

Performs work under general supervision. Handles moderately complex issues and problems and refers more complex issues to higher -level staff. Possesses solid working knowledge of subject matter. May provide leadership, coaching, and/or mentoring to a subordinate group.

Minimum/General Experience: Minimum of 4 years’ experience Minimum Education: Bachelor's Degree in a related field

Program Clinical/Claims Analyst
Functional Responsibility: Reviews claims for irregularities, accuracy and completeness. Requests additional information, where necessary, for completion of claim processing. Reviews claims for eligibility. Maintains updated records and prepares required reports. Assists in claims cost control. Contacts individ uals about claims and may provide counsel regarding the amount of benefits.: Performs work under general supervision. Handles moderately complex issues and problems and refers more complex issues to higher -level staff. Possesses solid working knowledge of subject matter. May provide leadership, coaching, and/or mentoring to a subordinate group. Typically requires a bachelor's degree and 2 to 4 years of experience.

Reports to: Typically reports to a department head or manager. Competencies: Problem -solving skills. Oral and written communication skills. Organizational skills.

Minimum/General Experience: 2 or more years of experience Minimum Education: Bachelor’s degree or Registered Nurse License or Registered Coder or Licensed Social Worker or High School diploma with 4 years or more relevant job experience

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Public Consulting Group LLC 47QTCA20D004Y Page 17 (703) 286-1880
Program Compliance Investigator
Functional Responsibility: Promotes the use of compliance services or interventions that are necessary and appropriate, effective, and allowable. Investigates and substanti ates claims/allegations of non -compliance. Establishes and tracks performance against measures of productivity, efficiency, and effectiveness. Oversees the work of staff that evaluates needs and determines necessity of plans or accuracy of charges. Collabo rates to develop plans that balance quality with cost, ensuring appropriate use of resources. Prepares reports summarizing trends and identifies opportunities for cost reduction.

Comprehensive knowledge of the field's concepts and principles. Performs comp lex tasks typically following established processes. Leads and directs the work of other employees and has full authority for personnel decisions.

Minimum/General Experience: At least 6 years of relevant experience in healthcare field or related work experience Minimum Education: Bachelor’s degree or higher and/or relevant certificate (i.e. Registered Nurse, Master of Social Work, Certified Coder, etc.)

Substitutions:

Public Consulting Group LLC reserves the right to make the following substitutions in the education and/or experience requirements of any of the service skill categories set forth herein.

1. One year of experience is the equivalent of one year of education.

2. One year of education is the equivalent of one year of experience.

3. Certification related to the technology is equivalent to two years of experience or education requirement.

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Public Consulting Group LLC 47QTCA20D004Y Page 18 (703) 286-1880

PUBLIC CONSULTING GROUP LLC

GSA SCHEDULE CONTRACT PRICE LIST

SIN(s) LABOR CATEGORY
GSA
PRICE

JANUARY
23, 2020 –

JANUARY
22, 2021
GSA
PRICE

JANUARY
23, 2021 –

JANUARY
22, 2022
GSA
PRICE

JANUARY
23, 2022 –

JANUARY
22, 2023
GSA
PRICE

JANUARY
23, 2023–

JANUARY
22, 2024
GSA
PRICE

JANUARY
23, 2024–

JANUARY
22, 2025
54151S IT Project Director $251.78 $257.57 $263.50 $269.56 $275.76 54151S IT Subject Matter Expert (SME)/Advisor $246.98 $252.66 $258.47 $264.41 $270.50 54151S IT Project Manager II $236.87 $242.32 $247.89 $253.59 $259.43 54151S IT Project Manager I $216.61 $221.59 $226.69 $231.90 $237.24 54151S System Analyst I $162.31 $166.04 $169.86 $173.77 $177.76 54151S Technical Business Analyst I $156.21 $159.80 $163.48 $167.24 $171.09 54151S Quality Assurance Software Tester $146.16 $149.52 $152.96 $156.48 $160.08 54151S Developer I $90.93 $93.02 $95.16 $97.35 $99.59
522310, 531210,
541211, 541219,
and 541611,
Consulting Management Executive -
Senior $296.73 $303.55 $310.53 $317.67
522310, 531210,
541211, 541219,
and 541611,
Consulting Management Executive $277.58 $283.97 $290.50 $297.18 522310, 531210,
541211, 541219,
and 541611,
Senior Consultant $258.44 $264.38 $270.46 $276.68
522310, 531210,
541211, 541219,
and 541611,
Consultant $215.37 $220.32 $225.39 $230.57
522310, 531210,
541211, 541219,
and 541611,
Consulting Business Analyst $167.51 $171.36 $175.30 $179.33 522310, 531210,
541211, 541219,
and 541611,
Consulting Senior Subject Matter
Expert $215.37 $220.32 $225.39 $230.57
522310, 531210,
541211, 541219,
and 541611,
Program Operations Director $245.99 $251.65 $257.44 $263.36 522310, 531210,
541211, 541219,
and 541611,
Program Operations Supervisor $146.45 $149.82 $153.26 $156.79 522310, 531210,
541211, 541219,
and 541611,
Program Senior Operations Manager $201.01 $205.63 $210.36 $215.20 522310, 531210,
541211, 541219,
and 541611,
Program Operations Manager $167.51 $171.36 $175.30 $179.33 522310, 531210,
541211, 541219,
and 541611,
Program Operations Analyst $100.76 $103.07 $105.44 $107.87 $110.35

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Public Consulting Group LLC 47QTCA20D004Y Page 19 (703) 286-1880
SIN(s) LABOR CATEGORY
GSA
PRICE

JANUARY
23, 2020 –

JANUARY
22, 2021
GSA
PRICE

JANUARY
23, 2021 –

JANUARY
22, 2022
GSA
PRICE

JANUARY
23, 2022 –

JANUARY
22, 2023
GSA
PRICE

JANUARY
23, 2023–

JANUARY
22, 2024
GSA
PRICE

JANUARY
23, 2024–

JANUARY
22, 2025
522310, 531210,
541211, 541219,
and 541611,
Program Quality Assurance/Testing
Specialist $95.72 $97.92 $100.17 $102.48 $104.83
522310, 531210,
541211, 541219,
and 541611,
Program Clinical/Claims Analyst $128.97 $131.93 $134.97 $138.07 $141.25 522310, 531210,
541211, 541219,
and 541611,
Program Compliance Investigator $109.82 $112.35 $114.93 $117.57 $120.28 541219 and 541611
Training Operations Director $245.99 $251.65 $257.44 $263.36 541219 and 541611
Tranining Operations Supervisor $146.45 $149.82 $153.26 $156.79 541219 and 541611
Training Senior Operations Manager $201.01 $205.63 $210.36 $215.20 541219 and 541611
Training Operations Manager $167.51 $171.36 $175.30 $179.33 541219 and 541611
Training and Curriculum Specialist $95.72 $97.92 $100.17 $102.48 $104.83 541219 and 541611
Tranining Operations Analyst $105.79 $108.23 $110.72 $113.26 $115.87

SIN MFR PART NO PRODUCT DESCRIPTION GSA PRICE COO
511210 EdPlan-EasyIEP-
ON
EdPlan - Special Education Management System - EasyIEP - Annual License – Per Special Education Student – On Premise
$12.92 US

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RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute a contract and any amendments, with Forster & Kroeger Landscape Maintenance to provide Chipping Services for two years from May 1, 2023 until April 30, 2025 in the amount not to exceed $700,000.

FISCAL IMPACTS OF RECOMMENDATION
The FY 2023 and FY2024 Adopted Budget includes funding for vegetation management and fuel reduction efforts from a variety of sources that is available for use toward the cost of chipping services, including within the Fire Department (General Fund, Measure FF and/or UC Settlement Fund), Parks, Recreation and Waterfront (General Fund) and/or Public Works (Zero Waste Fund). The Fire Department is pursuing grants to offset the cost of this service and upon grant approval, these funds would be added to the Department budget through the Annual Appropriation Ordinance (AAO) process Funding for FY 2025 is contingent upon the adoption of the FY 2025 & FY 2026 biennial budget.

CURRENT SITUATION AND ITS EFFECTS
The City’s current chipping program has been in operation for over a decade and serves only eight limited areas within Berkeley where residents pay a fire district surcharge. To support wide-spread and significant thinning and removal of vegetation that is anticipated to occur as part of the City’s work to create more defensible space beginning in calendar year 2023, the chipping program will be modernized and potentially expanded to serve a larger portion of the City.

One of the key modernizations already in implementation is a piece of software that will provide easy online scheduling for residents, optimized route planning for the contractor, real-time data collection from the contractor, and management tools for the City. Program managers can track activity, measure performance and easily produce reports for grants and community updates.

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Contract - Forster & Kroeger Landscape Maintenance for Chipping Services CONSENT CALENDAR February 14, 2023

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F&K is the only vendor that has adequate staff and equipment to service Berkeley and over two years of experience working directly with the referenced software. F&K also has a detailed understanding of the event-based, curbside chipping program model planned this summer. Additionally, F&K has the following certifications and licenses:

State Contractor’s License with a C-27 certification (#748791); Small Business (Micro) certification, with a 721029 classification, by the California Department of General Services (#18296); certification as a State Minority Business Enterprise with the California Department of Transportation (#31098); registration with the California Department of Industrial Relations (#1000027030).

BACKGROUND
F & K responded to a Request for Proposal and was selected after submitting the most competitive bid. This RFP was publicly released on January 17th, 2022 by Fire Safe Marin. All chipping contractors in the area were eligible to bid on the project.

Requirements for a complete bid offer included past experience running a full-service curbside chipping program and the ability to provide at least four, 3-person crews for work between Monday and Thursday over a 22-week period between May and October.

Contractors were also required to submit detailed equipment lists that included multiple sized box trucks ranging from 14 to 24 cubic yard capacity as well as being able to supply their own chippers. This was necessary to ensure that there was enough equipment available to provide daily service and access to small roads in the hills.

All contractors were required to supply proof of insurance and liability coverage and agree to an onsite inspection of their service yard and equipment. In total, Fire Safe Marin received bids from 4 local contractors. A planning team made up of representatives from the five Marin Wildfire Prevention Authority JPA districts which includes Bolinas Fire District, City of Larkspur, City of Mill Valley, City of San Rafael, County of Marin Fire, Inverness Fire District, Kentfield Fire District, Marinwood Community Services District, Muir Beach Community Services District, Novato Fire District, Sleepy Hollow Fire District, Southern Marin Fire District, Stinson Beach Fire District, Town of Corte Madera, Town of Fairfax, Town of Ross, and the Town of San Anselmo reviewed all the bids and selected Forster & Kroeger Landscape Maintenance.

While Fire Safe Marin is a non-profit 501(c)3, the RFP process followed the customary procurement procedures and best practices utilized by all Marin County government agencies (e.g. – Fire Protection Districts, Special Protection Districts, JPAs, etc.). The planning team overseeing the RFP process included government employees from the jurisdictions that make-up the Marin Wildfire Prevention Authority (MWPA). All these employees had decades of experience overseeing RFPs for their respective agencies.

Lastly, the contract between the MWPA and the winning bidder (Forster & Kroeger) was drafted by lawyers representing the MWPA. Fire Safe Marin was simply the organization that handled the administrative functions associated with publishing the RFP.

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Contract - Forster & Kroeger Landscape Maintenance for Chipping Services CONSENT CALENDAR February 14, 2023

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ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
This program will support the removal and thinning of hazardous vegetation which will create more defensible space and help prevent a wildfire from becoming a conflagration. A smaller wildfire will generate a smaller volume of smoke if one does ignite in or adjacent to the City.

RATIONALE FOR RECOMMENDATION
It is critically important that this program and contractor are in place by Spring 2023 for a successful delivery in early Summer 2023. This contract will provide two-seasons of service from F & K, who has implemented an equally complex program in Marin County.

ALTERNATIVE ACTIONS CONSIDERED
Purchasing the necessary apparatus, equipment and hiring numerous part-time employees required to run the program. This would be significantly more expensive and require a degree of management and supervision that the City does not have staff to fulfill.

CONTACT PERSON
David Sprague, Interim Fire Chief, (510) 981-3473
Attachment

1. Resolution

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

CONTRACT: FORSTER & KROEGER LANDSCAPE MAINTENANCE FOR CHIPPING

SERVICES
WHEREAS, the City’s current chipping program has been in operation for over a decade and serves only eight limited areas within Berkeley where residents pay a fire district surcharge, and
WHEREAS, to support wide-spread and significant thinning and removal of vegetation that is anticipated to occur as part of the City’s work to create more defensible space beginning in calendar year 2023, the chipping program will be modernized and potentially expanded to serve a larger portion of the City, and
WHEREAS, Forster & Kroeger Landscape Maintenance responded to a Request for Proposal and was selected after submitting the most competitive bid through an RFP publicly released on January 17th, 2022 by Fire Safe Marin.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to execute a contract and any amendments, with Forster & Kroeger Landscape Maintenance to provide Chipping Services for two years from May 1, 2023 until April 30, 2025 in the amount not to exceed $700,000.

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CONSENT CALENDAR
February 14, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Lisa Warhuus, Director, Health, Housing and Community Services Subject: Revenue Contract: 2023 Community Services Block Grant

RECOMMENDATION
Adopt a Resolution authorizing the City Manager or her designee to accept the Community Services Block Grant (CSBG) Contract Number 23F-4001 in the amount of $293,705 to provide services for low-income people for the period January 1, 2023 to May 31, 2024.

FISCAL IMPACTS OF RECOMMENDATION
Berkeley’s CSBG allocation for the period of January 1, 2023 to May 31, 2024 is $293,705 (Community Action Program Fund #334). The CSBG allocation amount is included in the City’s anti-poverty Community Action Fund and supports oversight and management of anti-poverty funds within the Department of Health, Housing and Community Services (HHCS). Unlike the City’s budget, the CSBG grant period starts with the calendar year. Because the 17-month grant period spans two City fiscal years, half of the funds will be budgeted in FY 2023 and the other half will be budgeted in FY 2024. The additional appropriation will be made as part of the Second Amendment to the FY 2023 Annual Appropriations Ordinance.

CURRENT SITUATION AND ITS EFFECTS
The City is a Community Action Agency (CAA) and therefore receives CSBG to support anti-poverty programs. CSBG funds are part of the federal Department of Health and Human Services budget passed through the state to local CAAs. Historically, the City has awarded CSBG funds to community service programs.

The Human Welfare and Community Action Commission (HWCAC) acts as the tri- partite advisory Board for CSBG funding. As such, it is responsible for reviewing performance of funded programs, reviewing compliance with the implementation of the community action program, and advising Council on CSBG funding decisions. The Berkeley City Council is responsible for all final CSBG funding decisions.

At its January 18, 2023 meeting, the HWCAC passed a motion to recommend that the City accept the CSBG Funds and contract for 2023 (M/S/C: Sood/Bookstein. Ayes:

Bookstein, Lippman, Sood, Zou. Noes: None. Abstain: Behm-Steinberg. Absent: Sim.

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Revenue Contract: 2023 Community Services Block Grant CONSENT CALENDAR February 14, 2023

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BACKGROUND
CSBG supports the City of Berkeley’s anti-poverty efforts at a minimum funded level. In 2016 and 2017, the City received $265,577. In 2019 and 2020, the award was increased to $266,863 and $307,106, respectively. In 2021, the award was $275,106, and in 2022 the award slightly decreased to $274,202. CSBG funds complement anti- poverty General Funds which are used for other critical community services, including disability and senior services, medical care, child care, and additional homeless services.

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

RATIONALE FOR RECOMMENDATION
The CSBG is necessary to support the provision of services for residents living in poverty in Berkeley.

ALTERNATIVE ACTIONS CONSIDERED
The City could choose to reject CSBG funding. This would reduce funding available for services to low-income Berkeley residents and is therefore not recommended.

CONTACT PERSON
Mary-Claire Katz, Associate Management Analyst, Health, Housing and Community Services, (510) 981-5414.

Attachments:
1: Resolution

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

REVENUE CONTRACT: 2023 COMMUNITY SERVICES BLOCK GRANT (CSBG) WHEREAS, the City of Berkeley is a Community Action Agency and receives CSBG funds as the Berkeley Community Action Agency to support anti-poverty programs; and WHEREAS, the Human Welfare and Community Action Commission (HWCAC) acts as an advisory tri-partite Board to the Council providing public participation in the governing process; and
WHEREAS, at the January 18, 2023 HWCAC meeting a motion was passed recommending that the City accept the Community Service Block Grant Funds; and WHEREAS, this CSBG revenue contract is for the period of January 1, 2023 to May 31, 2024, with the option to extend the contract period and/or accept amendments that either increase the contract amount and/or update contract terms, for a contract amount of $293,705 (Fund 334); and
WHEREAS, the funds have historically been used to support anti-poverty services and to support City of Berkeley oversight and management of anti-poverty programs (budget code (Fund 334).

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager or her designee is authorized to accept Community Service Block Grant Contract Number 23F-4001 for the amount of $293,705, and execute any resultant agreements and amendments including amendments that may decrease or increase the contract amount or add discretionary funding, or to change the contract term, or to update contract terms, to provide low-income services for the time period January 1, 2023 to May 31, 2024, with the option to extend the contract period as amended by the California State Department of Community Services and Development. A record signature copy of said agreement and any amendments shall be on file in the office of the City Clerk.

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CONSENT CALENDAR
February 14, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Lisa Warhuus, Director, Health, Housing and Community Services Subject: Inclement Weather Shelter Program Funding Request and Contract No. 31900284 Amendment- Dorothy Day House (DDH) to Operate an Inclement Weather Shelter

RECOMMENDATION
Adopt a Resolution allocating an additional $292,185 from Measure P to the Inclement Weather Shelter Program for a total allocation of $412,185, and authorizing the City Manager or her designee to execute an amendment to Contract No. 31900284 with Dorothy Day House (DDH) to add $190,260 to operate an inclement weather shelter for up to 127 nights from December 3, 2022 through April 15, 2023 for a total contract amount not to exceed $4,211,173.

FISCAL IMPACTS OF RECOMMENDATION
At its December 13, 2022 meeting, City Council allocated $120,000 in Measure P (011- 5002) to activate a inclement winter weather shelter (Shelter) for up to 45 days. The total amount of Measure P funds needed to cover both the City and operator costs to increase Shelter operations for up to 127 days is $412,185, which will require an additional $292,185 allocation from Measure P. The amount needed for DDH’s portion of the Shelter operating costs is $190,260. Measure P funds are available and, if approved by Council, will be added to the budget in the Second Amendment to the FY 2023 Annual Appropriations Ordinance (AAO#2).

CURRENT SITUATION AND ITS EFFECTS
Staff recommend that the Council allocate an additional $292,185 in Measure P funds for the inclement weather shelter program and authorize an amendment to the City’s contract with DDH so that the number of nights the Shelter can operate this winter can increase from 45 to up to 127. The extended operations and high usage also requires the addition of security, an increase in program coordination and nightly staffing, and the purchase of additional supplies, such as ponchos and blankets to improve the Shelter’s operations and services.

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Contract No. 31900284 Amendment- Dorothy Day House (DDH) Consent CALENDAR February 14, 2023

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At its December 13, 2022 meeting, City Council allocated $120,000 to cover both City and operator costs to operate an inclement weather shelter at North Berkeley Senior Center for up to 45 nights from December 3, 2022 through April 15, 2023.

In anticipation of severe weather, Department of Health, Housing and Community Services’ Housing and Community Services Division (HHCS/HCS) staff started working with DDH in December to activate an overnight inclement weather shelter at the North Berkeley Senior Center when the nightly forecast was 45 degrees or lower or 50% chance of rain.

These additional shelter activities were not specifically covered in DDH’s current winter shelter contract, but DDH was able to quickly activate staff to open an overnight inclement weather shelter starting on December 3, 2022. The ongoing severe – cold and wet - weather conditions have resulted in a much higher rate of activation than originally planned for. One source shows that more than 19 inches of rain have fallen in Berkeley between December 1, 2022 and January 11, 2023.

As a result, DDH has activated the warming center 41 times (91% of the total planned) and provided more than 1,152 bednights of shelter; meaning the number of times a bed was filled for the night, in that same time period. In addition, DDH has agreed to extend the morning hours from 6:30 AM to 8:00 AM, in order to better bridge warming center hours with nearby drop-in center opening hours. Staff projects that adding these additional nights and hours will exceed budgeted costs, requiring an additional appropriation. With such a high rate of activation, HHCS is recommending sufficient budget to operate up to 127 nights total, though fewer may be required depending on weather conditions.

The estimated total costs for operating the Shelter for 127 nights this winter are detailed in Table 1 below:

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Contract No. 31900284 Amendment- Dorothy Day House (DDH) Consent CALENDAR February 14, 2023

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Table 1
Inclement Weather Shelter Budget - 127 Days
Line item expense (per day) per day
City Staff - buildng monitor $ 975
Service Provider staffing costs - per day $ 1,331 Food $ 35
Building Maintenance and Supplies $ 300
Per day cost of operations $ 2,536
Estimated # of activated days $ 127
Subtotal of per day costs $ 335,425

Line item expense (other)
Shelter Coordinator (DDH) $ 4,060
Program Supplies $ 3,100
Sat/Sun dinners $ 9,600
Security Contract $ 50,000
Transportation $ 10,000
Subtotal of other costs $ 76,760

TOTAL EXPENSE $ 412,185

BACKGROUND
The City currently provides 218 shelter beds. This includes beds accessible through the North County Housing Resource Centers, operated by Bay Area Community Services (BACS) and Women’s Daytime Drop-in Center (WDDIC) and non-congregate units coordinated by the City of Berkeley. While Berkeley shelters have started to bring occupancy numbers up to pre-pandemic levels, and the City has added non-congregate beds, the closure of 30 transition age youth shelter beds in 2020 and the temporary loss of 16 (COVID census) women’s shelter beds due to a fire at 2140 Dwight Way fire has reduced the total number of beds available in Berkeley to 81% of pre-COVID total shelter capacity. On most nights, the shelters are nearly full. City and DDH staff continue to refer people staying at the Shelter to the North County Housing Resource Center to gain access to a year-round shelter bed.

In addition to the inclement weather shelter, the City also supports DDH’s Berkeley Emergency Storm Shelter program, which opened in early October and will operate 24/7 until late April. This represents a longer season than in the past two years, when the shelter operated from late November through Mid-April.

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

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Contract No. 31900284 Amendment- Dorothy Day House (DDH) Consent CALENDAR February 14, 2023

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RATIONALE FOR RECOMMENDATION
Dorothy Day House has a long history of operating Berkeley’s inclement weather shelter program and was able to pivot quickly this year. Shelter operations will help mitigate the impact of the protracted period of severe weather this winter for unhoused residents.

ALTERNATIVE ACTIONS CONSIDERED
Due to the immediate action needed to provide shelter from inclement weather to people living on the streets in Berkeley, no alternative to activating an inclement weather shelter program was considered.

CONTACT PERSON
Jennifer Vasquez, Community Services Specialist III, (510) 981-5431 Attachments:
1: Resolution

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

CONTRACT NO. 31900284 AMENDMENT: DOROTHY DAY HOUSE TO OPERATE

AN INCLEMENT WEATHER SHELTER
WHEREAS, the City of Berkeley is committed to providing a humane response to addressing homelessness; and
WHEREAS, the City of Berkeley has historically implemented a seasonal winter shelter program; and
WHEREAS, Dorothy Day House, has a long history of activating Berkeley’s Emergency Storm Shelter when weather was forecast to be 45 degrees or colder or there is a 50% chance of rain for up to 45 nights during the winter season; and WHEREAS, at its December 13, 2022 City Council meeting Council authorized expenditures of up to $120,000 to cover costs for both City and operator inclement weather shelter expenses for up to 45 nights; and
WHEREAS, severe weather conditions have increased the need for an inclement weather shelter beyond 45 nights; and
WHEREAS, the estimated City and operator costs of operating up to 127 nights of inclement weather shelter is $412,185, and
WHEREAS, Dorothy Day House has agreed to expand its Berkeley Emergency Storm Shelter (BESS) winter shelter operations to include an inclement weather shelter for up to 127 nights from December 3, 2022 through April 15, 2023; and WHEREAS, Dorothy Day Hose has an existing contract with the City of Berkeley, Contract No. 31900284; and
WHEREAS, funds in the amount of $190,260 are needed for Dorothy Day House to operate the inclement weather shelter for up to 127 days from December 3rd through April 15, 2023; and
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that an additional $292,185 in Measure P funds will be allocated to the inclement weather shelter program and appropriated to the budget as part of AA02 for a total program allocation of $412,185; and
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute an amendment for Contract No. 31900284, with Dorothy Day House to add $190,260 for a total contract not to exceed amount of $4,211,173 for the purpose of operating an inclement weather shelter program for up to 127 nights from December 3, 2022 through April 15, 2023; and

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BE IF FURTHER RESOLVED that a payment of $80,000 will be advanced prior to contract amendment execution to cover staffing and operating costs accrued since December 3, 2022; and
A record signature copy of said contract and any amendments to be on file in the City Clerk Department.

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CONSENT CALENDAR
February 14, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Lisa Warhuus, Director, Health, Housing and Community Services Subject: Contract: Resources for Community Development for Martin Luther King Jr.

House – Mental Health Services Act Operating Support

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute a contract with Resources for Community Development (RCD) for Martin Luther King Jr. (MLK) House in the amount of $107,890, to support hiring additional on-site staff to monitor the 12-room, transitional Single-Room Occupancy housing development.

FISCAL IMPACTS OF RECOMMENDATION
On July 26, 2022, City Council approved the allocation of $107,890 to MLK House in the Mental Health Services Act (MHSA) Fiscal Year 2023 Annual Plan Update. There is no increase in funds involved with this request. City Council approval is required to execute a contract to disburse the funds to RCD for MLK House.

The funding will come from MHSA Community Services and Supports System Development, Fund #315.

CURRENT SITUATION AND ITS EFFECTS
MLK House is a 12-room, Single-Room Occupancy (SRO) housing development that serves formerly homeless individuals. The property is owned by Resources for Community Development (RCD) and managed by RCD’s property management partner, the John Stewart Company (JSCo).

In recent years and more so in the last two years of the pandemic, RCD/JSCo has experienced challenges in operating the property. The residents, who are now referred through Alameda County’s Homestretch Coordinated Entry System (CES), are the highest need homeless individuals in the CES system. They have higher service needs than was intended for the existing service design at MLK House. The lack of adequate supportive services for the residents has led to problems which have adversely affected the physical condition and security of the property.

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MLK House – MHSA Operating Support CONSENT CALENDAR
February 14, 2023

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Seven of the twelve rooms at MLK House are currently occupied by program participants who receive rental subsidy from Shelter Plus Care and case management from Berkeley Mental Health (BMH). Currently, one (1) room is being used as a field office for BMH case management staff at the recommendation of Housing and Community Services (HCS) and BMH staff. City Shelter Plus Care staff occasionally use the office space as well. The increased onsite presence has already led to a reduction of conflicts amongst the residents.

During this same timeframe, RCD has been operating at a deficit. Even with the rental subsidy from Shelter Plus Care, the property is challenged with vacancies and ongoing and extensive repair costs. RCD has had to draw from replacement reserves to cover repair bills for the property. In FY 2022, RCD has withdrawn $32,000 in replacement reserves to cover operating deficits. In addition, the property is aging and in need of upgrades to maintain habitability. In 2021, City Council approved a $1.18M Housing Trust Fund rehabilitation loan to RCD which will allow them to address some of the repairs and upgrades that will improve health and safety, as well as security at the property.

In September 2021, RCD initiated conversations with HCS and BMH staff with a proposal to transfer ownership of the property to a qualified operator at the earliest date possible. After a year-long search, RCD presented a possible candidate to assume ownership and operation of MLK House. City staff are reviewing RCD’s proposal and will take a recommendation to Council for consideration in early 2023. In the interim, the MHSA funds will allow RCD to increase on-site property management by 40-60 hours a week, which is equal to 1.5 staff. The additional staff presence will increase oversight of MLK House resident activity and improve security at the property. The MHSA operating funds will also relieve RCD’s need to withdraw from reserves to cover operating costs, allowing the reserves to be used as intended - to cover the cost of capital improvements and deferred maintenance.

Providing operating support to MLK House meets a Strategic Plan Priority of providing and maintaining affordable housing and support service for our most vulnerable community members.

BACKGROUND
MLK House is a two story, 12-room residential property that was acquired and rehabilitated by RCD to provide supportive housing for 12 homeless adults.

Prior to the CES system, referrals were made to MLK House through the Berkeley Mental Health (BMH) Housing Committee which screened potential residents for both program requirements (HUD homeless, disabled, low income, BMH participants) as well as criteria such as service engagement, ability to abide by MLK House rules and live cooperatively with other residents safely. Applicants were also expected to have taken steps to resolve issues that may have caused loss of prior housing (i.e., getting a

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MLK House – MHSA Operating Support CONSENT CALENDAR
February 14, 2023

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representative payee, drug treatment participation, etc.). The BMH Housing Committee consisted of BMH treatment supervisors and was facilitated by Housing and Community Services staff who also managed the Shelter Plus Care rental assistance program. This partnership allowed for BMH and Shelter Plus Care to do further screening of potential residents which is no longer practiced by either program.

While the residents receive case management available to them through the CES program, it is nowhere near the level required for people who are severely and persistently mentally ill. While most MLK residents do receive Berkeley Mental Health services, these voluntary services generally include weekly to monthly meetings with BMH clinical case managers. There are no BMH or other services staff sited at MLK House and residents are expected to have the skills to live independently and to follow house rules. This model is very different from RCD’s focus today, which is large independent living properties, many with permanent supportive housing units but also more substantial staffing than the MLK House model currently permits.

Although RCD’s property management partner, JSCo, is an experienced property management company, property management competencies do not include specialized skills related to housing formally unhoused individuals in supportive housing. The type of oversight required by current MLK House residents no longer fits RCD and JSCo’s operations. While a new operator/owner is being sought, additional onsite service support is needed to achieve stability and safety for the residents and the property.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
No impact. The MHSA Community Services and Supports funds will be used to hire on- site property management. No environmental impacts were identified.

RATIONALE FOR RECOMMENDATION
The purpose of the MHSA Community Services and Support funds is to assist MLK House in securing additional on-site property management staff. Increased on-site staff presence is critical in order to promote health and safety of the residents, as well as security of the property.

ALTERNATIVE ACTIONS CONSIDERED
No alternative actions were considered as without these MHSA funds RCD will not be able to support the continued staff presence required.

CONTACT PERSON
Lourdes Chang, Community Development Project Coordinator, HHCS, (510) 981-5263 Attachments:
1: Resolution

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

CONTRACT: RESOURCES FOR COMMUNITY DEVELOPMENT FOR MARTIN LUTHER KING JR. HOUSE – MENTAL HEALTH SERVICES ACT OPERATING

SUPPORT
WHEREAS, the Department of Health, Housing and Community Services, Mental Health Division is allocated annual funding under the State Mental Health Services Act (MHSA) for the provision of comprehensive mental health services; and; and WHEREAS, the Mental Health Division works cooperatively and in partnership with community-based agencies in the provision of such mental health services; and WHEREAS, Resources for Community Development (RCD), a nonprofit housing development organization, owns and operates MLK House, a 12-room, affordable Single- Room Occupancy (SRO) housing development whose residents are the highest needs homeless individuals in the County’s Coordinated Entry System (CES); and WHEREAS, RCD has requested City assistance to support hiring on-site property management, which is critical to maintaining health and safety, as well as security of the property and the residents of MLK House; and
WHEREAS, on July 26, 2022, City Council approved the MHSA FY 2022-23 Annual Update, which included allocating $107,890 of MHSA Community Services and Supports System Development Funds to support the MLK House in acquiring on-site property management to support on-site management: and
WHEREAS, funds are available in the Fiscal Year 2023 budget code #315 in the MHSA fund received from the State of California; and
WHEREAS, City Council approval is required to execute a contract to disburse the funds for MLK House.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager or her designee is authorized to execute a contract and any amendments with Resources for Community Development to support the Martin Luther King Jr. House in acquiring on-site property management in an amount not to exceed $107,890. A record signature copy of said contract and any amendments to be on file in the City Clerk Department.

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CONSENT CALENDAR
February 14, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Jordan Klein, Director, Planning and Development Department Subject: Mills Act Contract – 2523 Piedmont Avenue

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to enter into a Mills Act contract with Wilson Wong and Christian Kwan for the City Structure of Merit property at 2523 Piedmont Avenue.

FISCAL IMPACTS OF RECOMMENDATION
Approving the Mills Act contract for the City Landmark property at 2523 Piedmont Avenue would reduce the property tax bills for the owners by an estimated total of approximately $8,400 in year one, approximately 30% of which ($2,500) would be diverted from Berkeley’s tax revenue. Final amounts are determined by Alameda County after contract execution. This will be an annual impact to the City’s tax revenue, as the contract runs for ten years, in comparable annual amounts, and automatically renews annually thereafter unless notice of nonrenewal is given. In turn, the work plan commits the owners to spending the anticipated tax savings on restoring the landmarked property. The Mills Act also specifies procedures for cancellation of the contract for a breach of conditions.

Council approval will allow property tax reduction for this property to begin in the 2024- 2025 fiscal year.

CURRENT SITUATION AND ITS EFFECTS
On February 3, 2022, the property at 2523 Piedmont Avenue was designated as a City of Berkeley Structure of Merit, making the property owner eligible to take advantage of the Mills Act (see Attachment 2).

On August 4, 2022, the Landmarks Preservation Commission (LPC) reviewed the proposal by the present owners, Wilson Wong and Christina Kwan, to enter into a Mills Act contract for 2523 Piedmont Avenue, including a proposed scope of work and maintenance schedule, and voted 6-2-0-1 to recommend approval of the Mills Act Contract application to City Council (Moved/Second Crandall/Adams; Yes: Adams,

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Mills Act Contract: 2523 Piedmont Avenue CONSENT CALENDAR February 14, 2023

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Crandall, Enchill, Leuschner, Linvill, Montgomery; No: Schwartz, Twu; Abstain: none;

Absent: Finacom).

BACKGROUND
The Mills Act allows owners of historic properties to voluntarily enter into individual contracts with the City, in order to obtain limited ad valorem tax relief at the discretion of host jurisdictions, in exchange for maintaining and restoring their historic property. The property tax savings are offered to create an incentive for owners to maintain their historic properties, to designate historic properties that are currently not protected, and to purchase and upgrade already dilapidated historic properties.

In Berkeley, owners of those properties designated by the LPC as either a Landmark or a Structure of Merit may apply for a Mills Act contract. The Alameda County Assessor uses a formula, consistent with the provisions of the Mills Act, to determine the amount of property tax reduction, which applies a capitalization rate to the calculated net operating income for the property under the Mills Act contract. The Mills Act application includes a ten-year work plan to restore and maintain the subject property. The total investment in the work plan is intended to equal or exceed the total amount of the property tax relief over the contract period.

On February 24, 1998, the Berkeley City Council passed Resolution No. 59,355-N.S., which authorizes the local use of the Mills Act of 1972, as amended, which is codified in California Government Code Section 50280-90 and Revenue and Taxation Code Section 439.

In 2011, State law was amended to include more specific requirements regarding inspection, fees, and cancellation. The amendments clarified that the local legislative body may require fees for providing services pursuant to the Mills Act; shall inspect the property prior to a new agreement and then every five years thereafter; and shall cancel the contract if it determines that the owner has breached the conditions of the contract.

As a result of these amendments, Land Use Planning fees for the approval and monitoring of these contracts were added in July 2012, and an ongoing inspection program is in place.

RATIONALE FOR RECOMMENDATION
In order to qualify for Mills Act consideration, 1) the property must qualify as historic; 2) the contract must adequately meet the requirements for Mills Act contracts; and 3) the type of improvements outlined in the work plan must meet the City standards, which require that tax savings be used according to the rules and regulations outlined in the Act.

The property located at 2523 Piedmont Avenue is eligible for the Mills Act contract because it is a Berkeley Structure of Merit. The contract template has been reviewed

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Mills Act Contract: 2523 Piedmont Avenue CONSENT CALENDAR February 14, 2023

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by the City Attorney's Office for conformance to all relevant City and State regulations.

Finally, the contract includes a comprehensive work plan that the property owner has agreed to complete within the first ten-year contract period (see Attachment 3) and that provides for the property “use, maintenance and restoration as to retain its characteristics as property of historical significance.” The LPC has concluded that the proposed work plan meets the standards adopted by the City Council, and the costs of the proposed improvements are anticipated to equal or exceed the tax savings afforded the owners.

ENVIRONMENTAL SUSTAINABILITY & CLIMATE IMPACTS
Approval of the contract would encourage historic resource rehabilitation, materials conservation, and construction and demolition waste diversion.

ALTERNATIVE ACTIONS CONSIDERED
The Council could deny the application if it found that it did not satisfy the requirements of the Act.

CONTACT PERSON
Jordan Klein, Director, Planning and Development Department, 510-981-7534 Fatema Crane, Senior Planner/LPC Secretary, 510-981-7413 Attachments:

1. Draft City Council Resolution

2. LPC NOD, Structure of Merit Designation for 2523 Piedmont Avenue, April 25, 2022

3. Rehabilitation and Maintenance Plan, received May 31, 2022

4. LPC Staff Report August 4, 2022

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

AUTHORIZING THE CITY MANAGER TO EXECUTE A MILLS ACT CONTRACT AND

ANY NECESSARY AMENDMENTS WITH WILSON WONG, FOR THE MAINTENANCE AND RESTORATION OF A HISTORIC PROPERTY LOCATED AT 2523 PIEDMONT

AVENUE, IN RETURN FOR THE OWNER TO OBTAIN A PROPERTY TAX REDUCTION WHEREAS, on February 24, 1998, the Berkeley City Council adopted Resolution No. 59,355-N.S. which authorized the use of Mills Act contracts; and WHEREAS, on February 3, 2022, 2523 Piedmont Avenue was designated as a City of Berkeley Structure of Merit and became eligible to take advantage of the Mills Act; and WHEREAS, on August 4, 2022, the Landmarks Preservation Commission reviewed the proposed projects listed in the Mills Act Contract Application for 2523 Piedmont Avenue, and recommended that the City Council enter into a Mills Act contract with the property owner; and
WHEREAS, the City of Berkeley Mills Act program requires each contract to be approved by the City Council and signed by the City Manager; and WHEREAS, the City Council, in light of all evidence, finds that the contract is consistent with the purposes of the Mills Act program.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Berkeley that the City Manager is authorized and directed to execute a Mills Act Contract and any necessary amendments with Wilson Wong and Christina Kwan for the maintenance and restoration of the historic property located at 2523 Piedmont Avenue and in return offer a property tax reduction for a period of at least ten years, with a recorded copy of such contract and amendments to be on file in the Office of the City Clerk and Alameda County Clerk- Recorder.

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Attachment 2

L A N D M A R K S

P R E S E R V A T I O N

C O M M I S S I O N
Notice of Decision
DATE OF BOARD DECISION: F
ebruary 3, 2022
DATE NOTICE MAILED: Ap ril 25,
2022
APPEAL PERIOD EXPIRATION: May 10, 2022
EFFECTIVE DATE OF PERMIT (Barring Appeal or Certification): May 11, 20221 2523 Piedmont Avenue
The Wurts-Lenfest House
Landmark application (#LMIN2021-0004) for consideration of City Landmark or Structure of Merit designation status for a single-family residence – APN 055-1851-022-00.

The Landmarks Preservation Commission of the City of Berkeley, after conducting a public hearing, APPROVED the following designation:
• City of Berkeley Structure of Merit, pursuant to Berkeley Municipal Code Section

3.24.110.B
INITIATED BY: Petition of Berkeley Residents
ZONING DISTRICT: Restricted Multiple-Family Residential (R-2 A)
ENVIRONMENTAL REVIEW STATUS: C
ategorically exempt pursuant to Section 15061(b)(3)
of the CEQA Guidelines -- Review for Exemptions.

The application materials for this project are available online at:
http://www.cityofberkeley.info/zoningapplications
1 Pursuant to BMC Section 23B.32.090, the City Council may “certify” any decision of the LPC for review, which has the same effect as an appeal. In most cases, the Council must certify the LPC decision during the 14-day appeal period. However, pursuant to BMC Section 1.04.070, if any portion of the appeal period falls within a Council recess, the deadline for Council certification is suspended until the first Council meeting after the recess, plus the number of days of the appeal period that occurred during the recess, minus one day. If there is no appeal or certification, the Use Permit becomes effective the day after the certification deadline has passed.

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LANDMARKS PRESERVATION COMMISSION

NOTICE OF DECISION
Structure of Merit designation status - #LMIN2021-0004
2523 Piedmont Avenue – Wurts-Lenfest House
May 10, 2022

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FINDINGS, CONDITIONS AND APPROVED PLANS ARE ATTACHED TO THIS NOTICE COMMISSION VOTE: 9-0-0-0
YES: ADAMS, CRANDALL, ENCHILL, FINACOM, JOHNSON, LEUSCHNER,

MONTGOMERY, SCHWARTZ, TWU
NO: None
ABSTAIN: None
ABSENT: None
TO APPEAL THIS DECISION (see Section 3.24.300 of the Berkeley Municipal Code):

To appeal a decision of the Landmarks Preservation Commission to the City Council you must:

1. Sub mit a letter clearly and concisely setting forth the grounds for the appeal to the City Clerk, located a
t 2180 Milvia Street, 1st Floor, Berkeley; or by facsimile to (510) 981-6901.

The City Clerk’s telephone number is (510) 981-6900.
a. Pursuant to BMC Section 3.24.300.A, an appeal may be taken to the City Council by the application of the owners of the property or their authorized agents, or by the application of at least fifty residents of the City aggrieved or affected by any determination of the Commission made under the provisions of Chapter 3.24.

2. The appeal must be received prior to 5:00 p.m. on the "APPEAL PERIOD EXPIRATION" date shown above (if the close of the appeal period falls on a weekend or holiday, then the appeal period expires the following business day).

3. Submit the required fee (checks and money orders must be payable to ‘City of Berkeley’):
a. The basic fee for persons other than the applicant is $500. This fee may be reduced to $100 if the appeal is signed by persons who lease or own at least 50 percent of the parcels or dwelling units within 300 feet of the project site, or at least 25 such persons (not including dependent children), whichever is less.
b. The fee for appeals of affordable housing projects (defined as projects which provide 50 percent or more affordable units for households earning 80% or less of Area Median Income) is $500, which may not be reduced.
c. The fee for all appeals by Applicants is $2500.

If no appeal is received, the landmark designation will be final on the first business day following expiration of the appeal period.

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LANDMARKS PRESERVATION COMMISSION

NOTICE OF DECISION
Structure of Merit designation status - #LMIN2021-0004
2523 Piedmont Avenue – Wurts-Lenfest House
May 10, 2022

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NOTICE CONCERNING YOUR LEGAL RIGHTS:

If you object to this decision, the following requirements and restrictions apply:

1. If you challenge this decision 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 Landmarks Preservation Commission at, or prior to, the public hearing.

2. You must appeal to the City Council within fifteen (15) days after the Notice of Decision of the action of the Landmarks Preservation Commission is mailed. It is your obligation to notify the Land Use Planning Division in writing of your desire to receive a Notice of Decision when it is completed.

3. Pursuant to Code of Civil Procedure Section 1094.6(b) and Government Code Section 65009(c)(1), no lawsuit challenging a City Council decision, as defined by Code of Civil Procedure Section 1094.6(e), regarding a use permit, variance or other permit may be filed more than ninety (90) days after the date the decision becomes final, as defined in Code of Civil Procedure Section 1094.6(b). Any lawsuit not filed within that ninety (90) day period will be barred.

4. Pursuant to Government Code Section 66020(d)(1), notice is hereby given to the applicant that the 90-day protest period for any fees, dedications, reservations, or other exactions included in any permit approval begins upon final action by the City, and that any challenge must be filed within this 90-day period.

5. If you believe that this decision or any condition attached to it denies you any reasonable economic use of the subject property, was not sufficiently related to a legitimate public purpose, was not sufficiently proportional to any impact of the project, or for any other reason constitutes a “taking” of property for public use without just compensation under the California or United States Constitutions, your appeal of this decision must include the following information:

A. That this belief is a basis of your appeal.

B. Why you believe that the decision or condition constitutes a "taking" of property as set forth above.

C. All evidence and argument in support of your belief that the decision or condition constitutes a “taking” as set forth above.

If you do not do so, you will waive any legal right to claim that your property has been taken, both before the City Council and in court.

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LANDMARKS PRESERVATION COMMISSION

NOTICE OF DECISION
Structure of Merit designation status - #LMIN2021-0004
2523 Piedmont Avenue – Wurts-Lenfest House
May 10, 2022

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PUBLIC COMMENT:

Communications to Berkeley boards, commissions or committees 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 a City board, commission or committee, 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 secretary of the relevant board, commission or committee. If you do not want your contact information included in the public record, please do not include that informat ion in your communication. Please contact the secretary to the relevant board, commission or committee for further information.

F
URTHER INFORMATION:

Questions about the project should be directed to the project planner, Fatema Crane, at (510) 981-7410 or [email protected] or [email protected]

ATTACHMENTS:

1. Findings and Conditions

2. Lan dmark application

ATTEST: _________________________
Fatema Crane,
Secretary
Landmarks Preservation Commission

Cc: City Clerk
Property Owner: Wilson Wong & Christina Kwan, 2523 Piedmont Ave., Berkeley, CA Applicants: Claremont Elmwood Neighborhood Association, P. O. Box 5108, Berkeley, CA

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Attachment 1 , part 2
Findings for Approval
FEBRUARY 3, 2022

2523 Piedmont Avenue – The Wurtz-Lenfest House
City of Berkeley Landmark Application #LMIN2021-0004

PROJECT DESCRIPTION
Structure of Merit Designation of the property at 2523 Piedmont Avenue [APN 055 185102200] – The Wurtz-Lenfest House

CEQA FINDINGS

1. The project is found to be exempt from the provisions of the California Environmental Quality Act (CEQA, Public Resources Code §21000, et seq.) pursuant to Section 15061.b.3 of the CEQA Guidelines (activities that can be seen with certainty to have no significant effect on the environment).

LANDMARK PRESERVATION ORIDNANCE FINDINGS

2. Pursuant to Berkeley Municipal Code (BMC) Section 3.24.110.B.2.c of the Landmarks Preservation Ordinance, and based on the evidence presented in the Landmark application, the Landmarks Preservation Commission of the City of Berkeley (Commission) finds that the subject property exhibits architectural merit as a good example of the East Shingle Cottage, also known as the High-Peaked Colonial Revival House. The subject main building dates to the period during which this regional style emerged and retains all of its character-defining features, including: a steeply-pitched roof with front-facing gable, horizontal wood siding on the lower story and wood shingles on the upper story; recessed entry porch with partial height pony walls and classical column posts; bay window at lower story of front elevation; windows in front gable with shingles curving inward to meet the frame; wood windows throughout with painted sashes and broad, flat trim. Further, the building retains its original design, materials and workmanship, which are the National Park Service’s hallmarks of architectural integrity.

For these reasons, the property and building warrant designation status as a City of Berkeley Structure of Merit.

3. Further, the Commission finds that property was the long-time residence of David Mundstock, a key figure in the development of progressive politics and government in Berkeley. Mundstock was the author of major reforms in elections, fair representation, and local government structure and policies; he was a community historian who compiled records and analysis of his era.

4. The property is one of four, extant residences in the immediate area that was developed by Rebecca Snyder Wurts and Myron Le Fevre Wurtz.

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FINDINGS for APPROVAL 2523 PIEDMONT AVENUE

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FEATURES TO BE PRESERVED, OR RESTORED WHERE POSSIBLE

This designation shall apply to the subject property and the following distinguishing features shall be preserved:

Main Building
• Two-story massing, with A-frame upper story roughly twice the height (at the ridge) than the lower story
• Recessed main entry porch, with partial-height walls topped with classical columns • Wood exterior materials and trim, including shingles on the upper story and horizontal, narrow gauge clapboard siding on lower story
• Bay window on lower floor at front facade
• Original wood main door, including glazing in the upper half and ornamental wreath detail within the lower half
• Twenty-seven original wood windows including: west/front elevation (at ground floor and upper floors) containing double-hung with true-divided-lites and ogee lugs at the upper sash; north/side elevation (at ground and upper floors) containing double-hung with true-divided-lites and ogee lugs at the upper sash and (at upper floor) containing a horizontally-oriented, fixed true divided lite window; south/side elevation (at ground and upper floors) containing double-hung with true-divided-lites and ogee lugs at the upper sash; and east/rear (at ground and upper floors) containing double-hung with true-divided-lites and ogee lugs at the upper sash and (ground) true-divided lite wood door.

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Attachment 1, part 3

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MILLS ACT

EXTERIOR REHABILITATION SCHEDULE
2523 PIEDMONT AVE., BERKELEY
04/22/2022
Feature Character
Defining?
Condition Recommended Treatment Schedule Budgets
(from bids)
Wood shingle siding -
stained - at upper story
front and rear gables and
dormers both sides
Yes Poor Replace and restain wood shingles
to match existing, including stepped
shingle roof edge trim at gables
Replace - 2023;
Maintain - 2024-
2033
$95,635
Wood windows with multi-
lite sashes (part or whole)
- at front and sides
Yes Poor Replace 12 identified irreparable
windows with new to match existing
Replace - 2023;
Maintain - 2024-
2033
$20,987
Composition shingle roofs,
roof drainage and flashing
assemblies
Yes Poor Replace comp. shingle roofing and
metal flashing with new similar to
existing; install new roof drainage
assemblies (gutters and
downspouts)
Replace - 2023;
Maintain - 2024-
2033
$53,350
Total Estimated
10yr. Budget
$169,972
GENERAL NOTES:

A. This proposed 10 year work plan is focused on the rehabilitation of primary exterior features and materials.

B. The proposed work plan is commensurate with the estimated Mills Act tax reduction per the accompanying Spreadsheet.

C. This focused work plan represents only a portion of current and future rehabilitation and maintenance work. * Restore original wreath ornament on front door per LPC recommendation * Door Detail
ATTACHMENT 3

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City of Berkeley Mills Act Calculator
2523 Piedmont Ave. - 04/22/2022
REVENUES 2021-22 2022-23 2023-24 2024-25 2025-26 2026-27 2027-28 2028-29 2029-30 2030-31 2031-32 1) Monthly Rental Income $8,500
2) Annual Rental Income 3% $102,000 $105,060 $108,212 $111,458 $114,802 $118,246 $121,793 $125,447 $129,211 $133,087 $137,079

ANNUAL EXPENSES
3) Insurance 5% $5,100 $5,253 $5,411 $5,573 $5,740 $5,912 $6,090 $6,272 $6,461 $6,654 $6,854 4) Utilities 5% $5,100 $5,253 $5,411 $5,573 $5,740 $5,912 $6,090 $6,272 $6,461 $6,654 $6,854 5) Maintenance 5% $5,100 $5,253 $5,411 $5,573 $5,740 $5,912 $6,090 $6,272 $6,461 $6,654 $6,854 6) Management 5% $5,100 $5,253 $5,411 $5,573 $5,740 $5,912 $6,090 $6,272 $6,461 $6,654 $6,854 7) Other 5% $5,100 $5,253 $5,411 $5,573 $5,740 $5,912 $6,090 $6,272 $6,461 $6,654 $6,854 8) Total Expenses 25% $25,500 $26,265 $27,053 $27,865 $28,700 $29,561 $30,448 $31,362 $32,303 $33,272 $34,270 (Sum Line 3-7)
NET OPERATING INCOME $76,500 $78,795 $81,159 $83,594 $86,101 $88,684 $91,345 $94,085 $96,908 $99,815 $102,810 (Line 2 Minus 8)

CAPITALIZATION RATE
9) Interest Component 4.25%
10) Historic Property Risk Component 4.00%
(2% for comm. & apts, or 4% for SFD & Condos)
11) Property Tax Component 1.25%
12) Amortization Component 1.67%
13) Capitalization Rate 11.17%
(Sum Line 9-12)
TAXES
14) Mills Act Assessment $684,870 $705,416 $726,579 $748,376 $770,827 $793,952 $817,771 $842,304 $867,573 $893,600 $920,408 (Net Operating Income/Line 13)
15) Tax Under Mills Act $8,561 $8,818 $9,082 $9,355 $9,635 $9,924 $10,222 $10,529 $10,845 $11,170 $11,505 (Line 14 X .0125)
16) Current Tax $16,973 $17,183 $17,397 $17,612 $17,831 $18,052 $18,276 $18,502 $18,732 $18,964 $19,199 17) Tax Savings
(Line 16 - Line 15) $8,412 $8,366 $8,314 $8,258 $8,195 $8,127 $8,053 $7,973 $7,887 $7,794 $7,694

THE FOLLOWING TABLE IS TO COMPLETED BY STAFF ONLY
18) Annual Costs to City Current Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10 (Line 17 X 30%) $2,524 $2,510 $2,494 $2,477 $2,459 $2,438 $2,416 $2,392 $2,366 $2,338 $2,308

FINANCIAL ANALYSIS FOR MILLS ACT CONTRACT

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L A N D M A R K S

P R E S E R V A T I O N

C O M M I S S I O N
S t a f f R e p o r t
1947 Center Street, Berkeley, CA 94704 Tel: 510.981.7410 TDD: 510.981.7474 Fax: 510.981.7420 E-mail: [email protected]

FOR COMMISSION ACTION
AUGUST 4, 2022
2523 Piedmont Avenue
Mills Act Contract Application LMMA2022-0001 for a residential property and City of Berkeley Landmark, The Wurts-Lenfest House.

I. Application Basics
Parties Involved:
• Property Owner: Wilson Wong & Christina K. Kwan
2523 Piedmont Avenue
Berkeley, CA
• Historic Resource Consultant: Mark Hulbert, Historic Architect Preservation Architecture
446 17th Street, #302
Oakland, CA 94612
• Recommendation: Approve the proposed rehabilitation
schedule, encourage the inclusion of the
missing door detail; recommend favorable
action to City Council.

ATTACHMENT 4
from LPC
08-04-22

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LANDMARKS PRESERVATION COMMISSION 2523 PIEDMONT AVENUE
August 4, 2022 Page 2 of 6
Figure 1: Vicinity Map
Subject
Property
ITEM 9
LPC 08-04-22

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LANDMARKS PRESERVATION COMMISSION 2523 PIEDMONT AVENUE
August 4, 2022 Page 3 of 6

Figure 2: Subject Building, Existing Site Conditions (Google, 2021)

II. Background

The subject main building at 2523 Piedmont Avenue was constructed in 1896, according to City records. It is an example of the High-Peeked Colonial Revival style, also known as the Eastern Shingle Cottage.

In 2021, more than 70 Berkeley residents prepared a petition to grant designation status to this property. On February 3, 2022, the Landmarks Preservation Commission (LPC) designated this site as a Structure of Merit (SOM), owing to the main building’s integrity of design and craftsmanship; see Notice of Decision, Attachment 3 of this report.

ITEM 9
LPC 08-04-22

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LANDMARKS PRESERVATION COMMISSION 2523 PIEDMONT AVENUE
August 4, 2022 Page 4 of 6

On May 31, 2022, the applicant and owner submitted a Mills Act Contract Application for this City SOM property.

III. Issues and Analysis

The historic resource consultant’s Historic Architectural Summary for this Mills Act Application is provided as Attachment 1. This document includes the consultant’s list of Character-Defining Areas, Spaces and Features (on page 2), the Mills Act Work Program for maintenance and repairs (page 4 - 5), and the City’s financial analysis spreadsheet for estimating the potential Mills Act tax savings for this request. Therein, the proposed Exterior Rehabilitation Schedule outlines building exterior and site improvements for the subject property over a projected 10-year period. Improvements to the exterior of the City Landmark building include, but are not limited to: replacement of the existing roof and drainage assembly as well as in-kind replacement of twelve historic windows; and replacing and re-staining wood shingle cladding.

During the designation hearings for the Wurts-Lenfest, staff and neighbors noted that an original ornamental wreath detail was removed during repair work in late 2021, very likely in or around December 2021. Because the alteration occurred subsequent to the initiation of the designation consideration on October 4, 2022, the removal of this feature was prohibited without prior approval from LPC. To correct this unpermitted work, the applicant must be strongly encouraged to correct and restore the missing feature.

Therefore, staff suggests adding the restoration of the decorative wreath to the rehabilitation schedule for this Mills Act consideration. An annotated rehabilitation schedule reflects this recommendation; see Attachment 2.

All improvements included in the Rehabilitation Schedule relate to the historic, character defining features of the building and site. The schedule appears to constitute ordinary maintenance and repair of the property and, therefore, would be permitted ministerially under the Landmarks Preservation Ordinance (Berkeley Municipal Code Section

3.24.260). However, any future work that would go beyond the scope of maintenance and repair would be subject to prior approval by the Commission.

The work plan items appear to be justifiable in that they constitute restoration, repair, rehabilitation and continued maintenance of the subject property. Further, they would provide for the property’s “use, maintenance and restoration as to retain its characteristics as property of historical significance,” as provided for in the Mills Act, Government Code Sections 50280 et. Seq., as authorized by the Berkeley City Council per Resolution No. 59,355 – N.S. For these reasons, staff concludes that the proposed tasks represent improvements that are consistent with the requirements of the Mills Act.

ITEM 9
LPC 08-04-22

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LANDMARKS PRESERVATION COMMISSION 2523 PIEDMONT AVENUE
August 4, 2022 Page 5 of 6

IV. Mills Act Contract Proposal

The intent of the Mills Act is to provide property tax relief so that the property owners entering into Mills Act Contracts with the City will spend the property-tax money that is saved through the Contract on preserving and/or restoring their property. The applicant’s proposed 10-year plan of improvements is summarized in Table 1 below along with staff’s recommended addition for restoration of the missing door detail.

Table 1. Summary of Rehabilitation Schedule & Recommended Treatments

Feature
Treatment
(as recommended by historic resource consultant
except where noted)
Estimated
Year of
completion
Wood Shingle Replace and re-stain shingles
2024
Wood Windows Replace twelve in-kind
Composition
shingle roof,
drainage &
flashing
Replace shingle roofing and metal flashing, and install new drainage assembly.

Wood molding
ornamentation
on front door
Restore per City staff recommendation. Undetermined

The working financial analysis spreadsheet provided by the applicant at time of submittal, estimates that the cost of the owner’s proposed improvements over a 10-year period is approximately $170,00 and the estimated total tax savings over the 10-year period is approximately $90,000, starting at an annual savings of $8,400 and then decreasing to approximately $7,600 by the tenth year of the program.

V. Recommendation

Staff has determined that all work proposed in the Mills Act Contract work plan provides for the propert y’s “use, maintenance and restoration as to retain its characteristics as property of historical significance”, and advises the Commissi on to recommend that City Council approve the Mills Act Contract request for the subject property , subject to the inclusion of the door detail restoration.

Attachments:

1. Mills Act Application for 2523 Piedmont Avenue – Historic Architectural Summary, received May 16, 2019

2. Mills Act Application for 2523 Piedmont Avenue – Exterior Rehabilitation Schedule, received June 25, 2019

3. Notice of Decision – Landmark designation for 2523 Piedmont Avenue (2022)

ITEM 9
LPC 08-04-22

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LANDMARKS PRESERVATION COMMISSION 2523 PIEDMONT AVENUE
August 4, 2022 Page 6 of 6

Prepared by: Fatema Crane, Senior Planner/LPC Secretary; [email protected] (510) 981-7410 ITEM 9
LPC 08-04-22

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RECOMMENDATION
Adopt a Resolution authorizing the City Manager to enter into a Mills Act contract with Anne and Michael Ray for the City Landmark property at 2119 Marin Avenue.

FISCAL IMPACTS OF RECOMMENDATION
Approving the Mills Act contract for the City Landmark property at 2119 Marin Avenue would reduce the property tax bills for the owners by an estimated total of approximately $12,000 in year one, approximately 30% of which ($3,600) would be diverted from Berkeley’s tax revenue. Final amounts are determined by Alameda County after contract execution. This will be an annual impact to the City’s tax revenue, as the contract runs for ten years, in comparable annual amounts, and automatically renews annually thereafter unless notice of nonrenewal is given. In turn, the work plan commits the owners to spending the anticipated tax savings on restoring the landmarked property. The Mills Act also specifies procedures for cancellation of the contract for a breach of conditions.

Council approval will allow property tax reduction for this property to begin in the 2024- 2025 fiscal year.

CURRENT SITUATION AND ITS EFFECTS
On September 1, 2022, the property at 2119 Marin Avenue was designated as a City of Berkeley Structure of Merit, making the property owner eligible to take advantage of the Mills Act (see Attachment 2).

On September 1 and October 6, 2022, the Landmarks Preservation Commission (LPC) reviewed the proposal by the present owners, Anne and Michael Ray, to enter into a Mills Act contract for 2119 Marin Avenue, including a proposed scope of work and maintenance schedule, and voted 5-0-0-4 to recommend approval of the Mills Act Contract application to City Council (Moved/Second Linvill/Leuschner; Yes: Enchill, Finacom, Leuschner, Linvill, Twu; No: none; Abstain: none; Absent: Adams, Crandall, Montgomery, Schwartz).

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Mills Act Contract: 2119 Marin Avenue CONSENT CALENDAR
February 14, 2023

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As a result of these amendments, Land Use Planning fees for the approval and monitoring of these contracts were added in July 2012, and an ongoing inspection program is in place.

The property located at 2119 Marin Avenue is eligible for the Mills Act contract because it is a Berkeley Structure of Merit.

The contract template has been reviewed
by the City Attorney's Office for conformance to all relevant City and State regulations.

Finally, the contract includes a comprehensive work plan that the property owner has agreed to complete within the first ten-year contract period (see Attachment 3) and that

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Mills Act Contract: 2119 Marin Avenue CONSENT CALENDAR
February 14, 2023

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provides for the property “use, maintenance and restoration as to retain its characteristics as property of historical significance.” The LPC has concluded that the proposed work plan meets the standards adopted by the City Council, and the costs of the proposed improvements are anticipated to equal or exceed the tax savings afforded the owners.

ENVIRONMENTAL SUSTAINABILITY & CLIMATE IMPACTS
Approval of the contract would encourage historic resource rehabilitation, materials conservation, and construction and demolition waste diversion.

ALTERNATIVE ACTIONS CONSIDERED
The Council could deny the application if it found that it did not satisfy the requirements of the Act.

CONTACT PERSON
Jordan Klein, Director, Planning and Development Department, 510-981-7534 Fatema Crane, Senior Planner/LPC Secretary, 510-981-7413 Attachments:

1. Draft City Council Resolution

2. LPC NOD, Structure of Merit Designation for 2119 Marin Avenue, dated October 31, 2022

3. Rehabilitation and Maintenance Plan, received September 27, 2022

4. LPC Staff Report September 1, 2022

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

AUTHORIZING THE CITY MANAGER TO EXECUTE A MILLS ACT CONTRACT AND

ANY NECESSARY AMENDMENTS WITH ANNE AND MICHAEL RAY, FOR THE

MAINTENANCE AND RESTORATION OF A HISTORIC PROPERTY LOCATED AT 2119 MARIN AVENUE, IN RETURN FOR THE OWNER TO OBTAIN A PROPERTY TAX

REDUCTION
WHEREAS, on February 24, 1998, the Berkeley City Council adopted Resolution No. 59,355-N.S. which authorized the use of Mills Act contracts; and WHEREAS, on September 1, 2022, 2119 Marin Avenue was designated as a City of Berkeley Structure of Merit and became eligible to take advantage of the Mills Act; and WHEREAS, on September 1 and October 6, 2022, the Landmarks Preservation Commission reviewed the proposed projects listed in the Mills Act Contract Application for 2119 Marin Avenue, and recommended that the City Council enter into a Mills Act contract with the property owner; and
WHEREAS, the City of Berkeley Mills Act program requires each contract to be approved by the City Council and signed by the City Manager; and WHEREAS, the City Council, in light of all evidence, finds that the contract is consistent with the purposes of the Mills Act program.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Berkeley that the City Manager is authorized and directed to execute a Mills Act Contract and any necessary amendments with Anne and Michael Ray for the maintenance and restoration of the historic property located at 2119 Marin Avenue and in return offer a property tax reduction for a period of at least ten years, with a recorded copy of such contract and amendments to be on file in the Office of the City Clerk and Alameda County Clerk- Recorder.

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L ANDMARKS

P RESERVATION

C OMMISSION
Notice of Decision
DATE OF COMMISSION DECISION: September 1, 2022
DATE NOTICE MAILED: O ctober 31, 2022
APPEAL PERIOD EXPIRATION: N
ovember 1517, 2022
EFFECTIVE DATE OF DECISION (Barring Appeal or Certification): November 1518, 20221 2119 Marin Avenue
The Laflin House
Landmarks Preservation Commission Landmark Initiation (LMIN#2022- 0002) to consider designation of the structure located on the above property as a City of Berkeley Landmark or Structure of Merit The Landmarks Preservation Commission o
f the City of Berkeley, after conducting a public
hearing, APPROVED the following designation:

DESIGNATION: Structure of Merit
APPLICANT: Anne & Michael Ray, 2119 Marin Avenue, B
erkeley, CA 94709
ZONING DISTRICT: Single-family Residential/Hillside Overlay R -1(H)
ENVIRONMENTAL REVIEW STATUS: T
he designation qualifies for a Categorical Exemption
under Section 15061 of the Public Resources Code, Guidelines for Implementation of the California Environmental Quality Act (CEQA).

The application materials for this project are av
ailable online at:
https://berkeleyca.gov/construction-development/land-use-development/zoning-projects

FINDINGS AND APPROVED APPLICATION ARE ATTACHED TO THIS NOTICE 1 Pursuant to BMC Section 1.04.070, if the close of the appeal period falls on a weekend or holiday, then the appeal period expires the following business day. Pursuant to BMC Section 3.24.190, the City Council may “certify” any decision of the LPC for review, within fifteen days from the mailing of the NOD. Such certification shall stay all proceedings in the same manner as the filing of a notice of appeal.

Attachment 2

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LANDMARKS PRESERVATION COMMISSION

NOTICE OF DECISION
LMIN 2022-0002
2119 Marin Avenue
October 31, 2022

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COMMISSION VOTE: 5-2-0-2
YES: ADAMS, CRANDALL, LEUSCHNER,

LINVILL, SCHWARTZ
NO: FINACOM, MONTGOMERY
ABSTAIN: [NONE]
ABSENT: ENCHILL, TWU
TO APPEAL THIS DECISION (see Section 3.24.300 of the Berkeley Municipal Code):

To appeal a decision of the Landmarks Preservation Commission to the City Council you must:

1. Sub mit a letter clearly and concisely setting forth the grounds for the appeal to the City Clerk, located a
t 2180 Milvia Street, 1st Floor, Berkeley; or by facsimile to (510) 981-6901.

The City Clerk’s telephone number is (510) 981-6900.

If no appeal is received, the landmark designation will be final on the first business day following expiration of the appeal period.

NOTICE CONCERNING YOUR LEGAL RIGHTS:

If you object to this decision, the following requirements and restrictions apply:

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LANDMARKS PRESERVATION COMMISSION

NOTICE OF DECISION
LMIN 2022-0002
2119 Marin Avenue
October 31, 2022

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A. That this belief is a basis of your appeal.

B. Why you believe that the decision or condition constitutes a "taking" of property as set forth above.

C. All evidence and argument in support of your belief that the decision or condition constitutes a “taking” as set forth above.

If you do not do so, you will waive any legal right to claim that your property has been taken, both before the City Council and in court.

PUBLIC COMMENT:

Communications to Berkeley boards, commissions or committees 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 a City board, commission or committee, 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 secretary of the relevant board, commission or committee. 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 secretary to the relevant board, commission or committee for further information.

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LANDMARKS PRESERVATION COMMISSION

NOTICE OF DECISION
LMIN 2022-0002
2119 Marin Avenue
October 31, 2022

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FURTHER INFORMATION:

Questions about the project should be directed to the project planner, Fatema Crane, at (510) 981-7410 or [email protected]. All project application materials, may be viewed at the Permit Service Center (Zoning counter), 2120 Milvia Street, between 8 a.m. and 4 p.m., Monday through Friday.

ATTACHMENTS:

1. Findings

2. Lan dmark Application, received MAY 17, 2022

ATTEST:

Fatema Crane, Principal Planner
Secretary to the Landmarks Preservation Commission

cc: City Clerk
Applicant & Property Owner: Anne & Michael Ray, 2119 Marin Avenue, Berkeley, CA

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Attachment 1
Findings
SEPTEMBER 1, 2022

2119 Marin Avenue – Laflin House

Landmark application #LMIN2022-0002 for the consideration of City Landmark or Structure of Merit designation status for a residential building constructed in 1910 – APN 61-2584-3

PROJECT DESCRIPTION
Structure of Merit designation of the property at 2119 Marin Avenue, Laflin House.

CEQA FINDINGS

LANDMARK PRESERVATION ORIDNANCE FINDINGS

2. Pursuant to Berkeley Municipal Code (BMC) Sections 3.24.110.B.2.a of the Landmarks Preservation Ordinance, the Commission finds that the subject main building meets the designation criterion for Structure of Merit (SOM) status because it was constructed in 1910 and, thereby, is a contemporary of the nearby City Landmark Elmer Buckman House, constructed in 1910 as well as the Northbrae Public Improvements that were established in 1907. Both of these City Landmarks are located in the same neighborhood as the subject building, and the Northbrae Public Improvements abut the subject property.

3. Pursuant to Berkeley Municipal Code (BMC) Sections 3.24.110.B.2.b, the Commission finds that the subject building meets an additional SOM criterion related to its compatibility with the nearby Landmark Buckman House that is similar in size and features matching natural exterior building materials such as wood shingles, trim and windows. Both buildings are the work of prominent Berkeley architect Walter H. Ratcliff, Jr.

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FINDINGS 2119 Marin Avenue – Laflin Residence

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EATURES TO BE PRESER
VED

1. This Structure of Merit designation shall apply to the subject property and the following distinguishing features of the main building shall be preserved:

• Two-story massing of the original 1910 structure
• Gablet hipped roof with front-facing hipped dormer featuring two double-hung windows within the gablet
• Wide eaves at the front supported by simple brackets
• West side roof dormer with gable roof
• Two connected gable dormers, each with a double-hung window on the east side • Redwood horizontal board siding at first floor, including west side entry stairs and front porch
• Painted wood shingles at second floor
• Exposed brick chimney at west side
• W ood and glass door at original front porch
• Wood double-hung windows
• Wood trim, including water table, window/door casings and sills, roof eaves and trimmed edges

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Planning and Development Department
Land Use Planning Division
City of Berkeley
Ordinance #4694 N.S.

LANDMARK APPLICATION
________________________________________________________________

1. Street Address: 2119 Marin Avenue
City: Berkeley
County: Alameda
Zip: 94707

2. Assessor's Parcel Number: 61-2584-3
Block
and Lot: 2584/3
Tract: Berkeley Heights
Dimensions: 40"w.x125.8-136.8'd.

Cross Streets: Shattuck and Oxford

3. Is property on the State Historic Resource Inventory? No Is property on the Berkeley Urban Conservation Survey? Yes Form # 30821

4. Application for Landmark includes:
a. Building: X Garden: Other features:
b. Landscape or Open Space: Natural Designed Oth er
c. Historic Site:
d. District:
e. Other:
b. Approximate:

5. Historic Name: Laflin Residence

6. Commonly Known Name: none

7. Date of Construction: a. Factual: 1910
Source of Information: Permit #728

8. Architect: Walter H. Ratcliff, Jr.

9. Builder: Nels Olsen

10. Style:

Craftsman

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10. Original Owners: Carrie F. and Addison H. Laflin
Original Use: Single-family residence

11.Present Owners:

Anne and Michael Ray

12. Present Use:

Residential: Single Family: X Duplex
Multiple
Commercial: Office Store Industrial Hotel
Institutional: School Hospital Other
Current Zoning: R1H
Adjacent Property Zoning: R1H

13. Present Condition of Property:

Exterior: Excellent Good: X Fair Poor
Interior: Excellent Good: X Fair Poor
Grounds: Excellent Good: X Fair Poor
Has the property's exterior been altered? Yes, at rear, see attached report

14. Description: see attached report

15. History: see attached report

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16. Significance: see attached report
Historic Value:

National State County City: X Neighborhood: X
Architectural Value:

National State County City: X Neighborhood: X
Repository:

Date: April 20, 2022

17. Is the property endangered? No

18. Photographs: Date:

See attached report
Photographer:

19. Bibliography: see attached report

20. Recorder: Mark Hulbert
Organization: Preservation Architecture

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446 17th Street #302 Oakland CA 94612
510.418.0285 [email protected]
April 20, 2022

AFLIN-RAY RESIDENCE
2119 Marin Ave., Berkeley
Historical Architectural Report

Introduction

The following report summarizes the history and describes the character of the existing residence at 2119 Marin Ave. in north Berkeley. This effort’s purposes are to recognize the historic importance of this residence to its owners, neighbors and to the City of Berkeley by applying for Landmark status and, in conjunction, apply for the State of California’s historic preservation incentive program, the Mills Act. While the overall property consists of 2 parcels and buildings, the residence and its parcel (APN 61-2584-3) are the subject of these Landmark and Mills Act applications (figs.1-2).

The intent of this documentation is to provide thorough background information identifying the historical significance of the residence and, under the Mills Act, to record a program for its ongoing retention, maintenance and rehabilitation. The Landmark application and Mills Act program focus on the building exterior and structure so do not extend or apply to the building site or its interior.

This historical documentation is based on substantive previous work on the subjects of historic Berkeley architecture, the works of renowned Berkeley architect Walter H. Ratcliff, Jr. and the development of Berkeley’s Northbrae neighborhoods. In this regard, specific acknowledgements duly recognize the Berkeley Architectural Heritage Association (BAHA) for their previous work on these subjects, including inventories of the works of Ratcliff (Walter H. Ratcliff, Jr. Architect - His Berkeley Work, BAHA, 2011), along with a well-crafted 1994 walking tour brochure on the north Berkeley neighborhood known as Northbrae (Northbrae: A Residential Park at Berkeley, BAHA, 1994), in which tour and brochure the subject residence was prominently included.

In addition to historical research, these efforts have included existing conditions documentation, as well as field recordation of a range of directly associated resources.

Summary History

2119 Marin Ave. was an originally modest redwood house, inside and out, its 1910 origins early in the development of the Northbrae and Berkeley Heights neighborhoods and likewise relatively early in the career of its architect, Walter H. Ratcliff, Jr. (1881-1978). This house was speculatively designed for the Berkeley Development Company, the developers of the Berkeley Heights subdivision in which this property stands and who mapped the Berkeley Heights tract in 1909 (fig.3).

Yet the parcel and house design were sold to and thus built for its first owners, Addison H. and Carrie F. Laflin, previous San Franciscans whose newly established Berkeley residence was first listed in the 1911 directory (which residential listing was on Contra Costa Ave., a briefly deployed original name for Marin Ave.). The Laflin family thereafter retained and occupied their property for 113 years, the Laflin’s granddaughter selling it to its current owner in 2013, when a range of historic records were passed on to the owner, including a valuable set of historic photos (figs.4-9).

The overall Northbrae development’s origins date to a 1909 subdivision. That development, at the hilly northern extent of Berkeley and Alameda County, was enabled by modern rail and auto transportation. The nearby arrival of rail, both the Southern Pacific Red Line and the Key Route streetcars, made this early 20th century development a middle-class, streetcar suburb.

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The subject house exemplifies the modesty underlying the initial development intent. The original permit was for a 2-story, 6-room, approximately 1,900 square foot house, its valuation $2,868 (which translates into some $84,000 today). At that time, the Laflins had 1 newborn child. The family would add 2 others during the 1910s, when they also evidently added an automobile and, consequently, a 10 foot by 14 foot garage ($100) – yet that 1921 garage was built on an adjoining parcel that the Laflins also originally acquired (thus tempering the seeming modesty of the venture). As the Laflin family grew, so did their house and to which, in 1928, they added a 2-story addition to the rear along with a small new entry way at the south side, the add totaling some 630 square feet and costing about the same ($2,500 in 1928 dollars) as the original house.

The early photos of the 1910 house clearly convey the rustic simplicity of the Laflin home while also giving the impression of it being compact and small. But, in reality, the house has a surprising physical stature.

Contextually, based on the previous research on Northbrae, 2119 Marin is 1 of 12 homes designed by Ratcliff in the Northbrae neighborhoods between 1909 and 1916. Of those, its design is comparable to 2 others, at 2022 Los Angeles (1909) and 875 Indian Rock Ave. (1910). Yet, each of those 12 homes is relatively unique within the range of then contemporary academic architectural styles. Relative to which, the house at 2119 Marin is uniquely and atypically rustic, a definitive example of a “simple house,” its prominent clipped-hip roof also apparently unique in the Ratcliff oeuvre.

Altogether, this range of contemporaneous houses clearly demonstrate Ratcliff’s ranging design capabilities. Yet another example further underscores such capability, a residence at 18 Alvarado Rd. in the Claremont neighborhood of southeast Berkeley. Whereas the Marin Ave. house was speculatively designed, modestly scaled and affordably priced, the Alvarado Rd. house was a custom Tudor style design that originally cost 3 times that of 2119 Marin. Moreover, those 2 houses were permitted within 10 days of each other, so evidently shared Ratcliff’s architectural drawing board. Such ranging capabilities and successes were assuredly part of Ratcliff’s appeal and are readily appreciated to this day.

The 2119 Marin Ave. house was also 1 of 7 houses attributed to the Berkeley Development Co., including several of its lower Marin Ave. neighbors (at 1925, 1931 and 1939 Marin), of which the 2119 house was the earliest, by far relative to the concentrated development timeframe of this vicinity. Each of the other 6 were constructed from 1914-1919. No others were by Ratcliff – in fact, 5 of the other 6 were designed by Ratcliff’s contemporary, architect Henry H. Gutterson (1884-1954).

It took all of 2 decades to essentially build out the Berkeley Heights neighborhood, wherein the first homes were built c1909 and where, by 1929, there were few undeveloped lots. A comparison of the 1929 to the 1950 Sanborn maps demonstrates the resulting and stable extent of this neighborhood, where those few vacant lots were by then developed yet there were otherwise no observable changes. And given societal circumstances, the development that occurred in the intervening years was post-WWII. Thus, the various modern homes that are mostly-welcomely scattered around the Northbrae neighborhoods.

Summary Descriptions (figs.11-24)

The original 1910 house, fronting on and facing northeast towards Marin Ave., was 2 stories with a rectangular floor plan, the exterior walls and roofs all wood, including horizontal wood board siding

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below the deeply overhanging roofline and shingle cladding at the upper front and rear gables and the roof dormers at each side; wood doors, windows – including a projecting bay window at the upper front – and trim; and the roof itself clad in wood shakes. The original entry was at the left (southwest) side via an exterior porch, forward of which stood a broad brick chimney that disappeared into the roofline then reappeared above as a slender chimney shaft. The partial height walls of the side entry porch and another porch across the front were likewise clad in horizontal board siding, which treated those porches as extensions of the house. In addition to the upper frontward bay window that kerfs the front roof, the 2 side dormers are worth pointing out, as they are not the same. The northeast side dormer is a paired gable, a form common to a number of Ratcliff houses. Like the front bay, that dormer is also set within a kerfed roof, allowing for a taller wall and windows. Alternatively, the southwest side dormer is only one gable at its front, with a low roofline extending rearward, its wall sitting directly on the roof, resulting in a low wall with little windows. Of these side dormers, the northeast one is evidently the more architectural, even as the southwest was the entry side.

Of these original forms, characteristics and elements, the entry porch, southwest side entry door and window, and the rearward (northwest) exterior wall, clipped roof and gable were replaced by the subsequent addition. Forward of that addition, the original house and its materials are substantially intact.

The 1928 rear addition – which, per the permit records, was apparently the design of the owner and their builder – tied into and conformed to the original architecture excepting its side-gabled roofs, yet clearly related to the original upper gabled forms. Those conforming forms and treatments together with the rearward placement resulted in an appropriately subordinate and respectful addition. The house as it stood was depicted in the 1929 Sanborn map (fig.10).

Another small rear addition was completed in 1978. That add stands within the re-entrant corner between the rear wall of the original house and the northeast side wall of the 1928 addition. The original wood shingle roofing has also been replaced, as has the front porch decking and west side entry steps. Otherwise, the exterior of the house has not changed from its original and early character.

Permit Summary
date permit work owner/architect/contractor
Jul. 1910 New residence Berkeley Development Co./W.H. Ratcliff/N. Olsen Feb.1921 New garage A.H. Laflin/--/same
Sep.1928 Build on at rear A.H. Laflin/--/C.J. Pattinson Jan.1948 New porch flooring, repair railing A.H. Laflin/--/J. Arnell Mar.1953 New brick porch and steps A.H. Laflin/--/Robert E. McDonald Dec.1958 Reroof over wood shingles A.H. Laflin/--/Robert E. McDonald Mar.1978 Add breakfast rm., kitchen remodel M. Little/--/Roger N. Benton Jul.1978 Reroof Paul Little/--/Caldwell-Roland
Oct.1988 Repair roof, reroof, repair front porch Miln & Sandy Little/--/David Gerstel May.1990 New fences, retaining wall, drainage Paul & Sandra Little/Bill Coburn/David Gerstel

Developer

The Berkeley Development Company (BDC) was one of numerous development and construction companies under the umbrella of the Mason-McDuffie companies and its regular cast of

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shareholders. Of whom, Louis Titus and Duncan McDuffie were the BDC president and secretary, respectively. All of Northbrae was consolidated and acquired by the BDC in 1902, its first homes constructed in 1907 and some 30 completed, inclusive of 2119 Marin, by 1910.

Architect

Walter H. Ratcliff, Jr. (1881-1973) has a locally well documented life and career. As a young man at the turn of the twentieth century, Ratcliff studied and practiced architectural design intermittently during the first decade of the 1900s. His architectural studies were not formal – Ratcliff’s 1903 college degree was in chemistry. But he then apprenticed in the office of architect John Galen Howard, spent a period at the British School in Rome, and otherwise traveled in Europe, studying architecture along the way. His intermittent work and studious travels concluded in 1907. In 1908, back in the Bay Area, Ratcliff joined forces with architect Alfred Henry Jacobs, in San Francisco. By 1909, he was back in Berkeley practicing as Walter H. Ratcliff, Jr., Architect. Ratcliff’s architectural work was largely prolific and successful, despite the major cataclysms over the course of his professional years – World War I, the Great Depression and World War II, each of which inserted long and difficult times into professional livelihoods. Over the span of his working life, some of Ratcliff’s periodic roles were that of architect for the Alameda County Home Builders, Berkeley City Architect (1913 to c1920), Mills College Campus Architect (1920s) and, remarkably, in the wake of the Great Depression, President of the Fidelity Guaranty Building and Loan Association.

Ratcliff’s architectural works encompassed residences, largely for the well-to-do but also many smaller and speculative homes; several apartment buildings; a number of commercial buildings large and small; a range of educational and ecclesiastical buildings; and a number of public works. Oddly enough, given his dedication to the Berkeley community and his role for a period as the City Architect, he authored no important civic architectural works (the City of Berkeley Corporation Yard excepted, but that is arguably not an important civic work). And though his range of work is otherwise comprehensive, many examples of which remain standing, it is his residential work that was the most prolific and that constitutes Ratcliff’s central architectural oeuvre.

On that front, Ratcliff designed hundreds of houses, most in Berkeley, with dozens remaining. He designed in period styles – the Arts and Crafts, Shingle, Storybook, Italianate, Spanish and Tudor Revival, along with combinations thereof. His work was evidently influenced by the Beaux Arts tradition that he experienced in Europe as well as firsthand in the office of John Galen Howard, by the Ratcliff family’s English heritage and, otherwise, by examples gleaned from European travels.

His period designs were obviously as confident, comfortable, and contagious then as now. The residences that remain standing fit into their environs. That such houses survive in numbers – despite the hostility to tradition of the intervening years – attests to the quality and integrity of Ratcliff’s residential architecture.

Per the evidence and by all accounts, in his life and in his work, Ratcliff was disciplined, studious, intelligent, well-to-do, and unwaveringly traditional.

Walter H. Ratcliff, Jr. retired from architecture in the late 1940s, though successive generations of his family have sustained the Ratcliff firm to the present day. Ratcliff’s important architectural contributions and legacy, so particular to Berkeley, enable his unequivocal recognition as a Master Architect. His relevance can also be measured by the recognition bestowed on a long list of his designs via the designation as Berkeley Landmarks:

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• 2750 Adeline Street, Frederick H. Dakin Warehouse, 1906 • 1326 Allston Way, Corporation Yard/Ratcliff Building, 1913 • 2018 Allston Way, Elks Club, 1913
• 2126 Bancroft Way, Waste & Clark, 1913
• 2700 Bancroft Way, Westminster Hall, 1926
• 2410 Bowditch Street, Anna Head School
• 2515 Channing Way, The Robcliff Apartment House, 1921 • 2959 College Avenue, Mercantile Trust Co., 1925
• 2500 Durant Avenue, The Cambridge Apartments, 1914
• 2222 Harold Way, Armstrong College, 1923
• 2624 Hillegass Avenue, The Berkeley Tennis Club, 1908 (Ratcliff & Jacobs) • 1581 Le Roy Avenue, Hillside School, 1925
• 45 Oak Ridge Road, Montgomery House, 1909
• 1952 Oxford Street, Richfield Oil Co., 1930
• 920 Shattuck Avenue, Elmer Buckman House, 1909
• 2107 Shattuck Avenue, Mason-McDuffie Company, 1928
• 2140 Shattuck Avenue, American Trust Building
• 2323 Shattuck Avenue, Fidelity Savings Building (w/Walter Sorensen) • 2031 Sixth Street, West Berkeley Children’s Center Day Nursery, 1927 • 18 Alvarado Road, McCormack Residence, 1910
• 2526 Hawthorne Terrace, George D. and Ellen G. Blood Residence, 1929

Owners

Addison H. Laflin (1882-1959) and Carrie F. Laflin (c1885-1969) were the original owners of the 2119 Marin Ave. residence, which was completed for them and where they moved into in 1911. True to the initial intent and potential of the Northbrae development, the Laflins were young, both in their late-20s, and evidently middle-class. His career was spent as a salesman, manager and eventual executive in the wholesale dried fruit industry, in San Francisco, where he was first listed in the 1909 directory and last listed in 1951, then the president of the Not-A-Seed Sales Company. Following her passing, the property remained in the Laflin-Little family until 2013.

Builders

Nels Olsen
Per permit records, the builder of the 1910 house was Nels Olsen. Permit records (provided by BAHA) identify a range of Olsen’s construction projects and the associated architects:
• 2708 Benvenue Ave. (George Meeker, 1909)
• 1715 Blake St. (1909)
• 260 Tunnel Rd. (Oliver/Foulkes/Kaiser, 1909)
• 2820 Piedmont Ave. (Ratcliff, 1909)
• 2406 Tenth St. (1911)
• 244 Alvarado Rd. (Noble Newsom, 1911)
• 900 Shattuck Ave. (Olin Grove, 1911)
• 1500 San Pablo Ave. (Wm Schmidt, 1913)
• 1905 and 1907 McGee St. (Frank M. May, 1913)
• 1061 California St. (Maury Diggs, 1913)

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Joseph Pattinson
Pattinson was identified in permit records as the builder of the 1928 addition. The 1928 directory listed his residence on The Alameda in Berkeley and identified him as building contractor. General searches found 2 further project references, a 1915 “frame and iron barn” for the CA Fruit Canners Assoc. in Ignacio, Marin County (Building and Engineering News; June 7, 1916, p27); and a 1918 building for the Bay Point Foundry Co. in Bay Point, Contra Costa County (Western Engineering; July 1918, p14).

Evaluation of Significance

Based on the above historical documentation, the following addresses the property’s basis for consideration of City of Berkeley Landmark designation (per Section 3.24.110 Landmarks, Historic Districts and Structures of Merit Designation Criteria for Consideration).

A. Landmarks and historic districts. General criteria which the [landmark preservation] commission shall use when considering structures, sites and areas for landmark or historic district designation are as follows:

1. Architectural merit:

a. Property that is the first, last, only or most significant architectural property of its type in the region;

The residence at 2119 Marin Ave. is none of the above.

b. Properties that are prototypes of or outstanding examples of periods, styles, architectural movements or construction, or examples of the more notable works of the best surviving work in a region of an architect, designer or master builder;

The 1910 house at 2119 Marin Ave. is an outstanding and notably preserved work of the renowned historic Berkeley architect Walter H. Ratcliff, Jr.

c. Architectural examples worth preserving for the exceptional values they add as part of the neighborhood fabric.

As an early and well-preserved residence in the development of the 1909 Berkeley Heights tract, 2119 Marin Ave. is an integral and exceptional part of its neighborhood fabric. Its setting and architectural character are therefore preservation-worthy.

2. Cultural value: Structures, sites and areas associated with the movement or evolution of religious, cultural, governmental, social and economic developments of the City;

The subject property and its residence are representative of historic patterns of residential development in early twentieth century Berkeley – specifically, the development of Northbrae and Berkeley Heights, in which the 2119 Marin Ave. house was amongst the first group to be realized. Moreover, this residence was one of a small number of Northbrae residences directly commissioned by Northbrae’s developers, the Berkeley Development Co.

Additionally, it was the first of their residential designs to be built in the neighborhood, thus directly represents the historically important social and economic development of Berkeley’s Northbrae neighborhood.

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3. Educational value: Structures worth preserving for their usefulness as an educational force;

The subject property, being a single-family residence within a neighborhood thereof, has limited potential educational value on that basis. Nonetheless, as noted above, it was one of the earliest residences in the Northbrae development and was realized for the historically important Berkeley real estate entity, the Berkeley Development Co., so offers that margin of historic educational value.

4. Historic value: Preservation and enhancement of structures, sites and areas that embody and express the history of Berkeley/Alameda County/California/United States. History may be social, cultural, economic, political, religious or military;

The original and primary part of the residential property at 2119 Marin Ave. is important for its association to the Master Berkeley Architect Walter H. Ratcliff, Jr. It is an early and unique residential design in the context of his career. Moreover, the house is an early contributor to its North Berkeley neighborhood so, altogether, clearly expresses Berkeley’s early 20th century developmental and architectural history.

5. Any property which is listed on the National Register described in Section 470A of Title 16 of the United States Code.

The subject property is not listed on the National Register.

Additionally, the 1910 Laflin Residence at 2119 Marin Ave. retains its integrity (integrity being a measure of a property’s extant state relative to its origins and identified significance) of location and setting, design, materials, workmanship, feeling and association, all of which are substantially intact relative to the original and early property. While the 1910 house was expanded in 1928 with a rear addition, that add was compatible with, appropriate to and, at this juncture, an integral part of the historic residence.

Character Defining Features

Based on the NR analysis, the historical and historic architectural significance of the house at 2119 Marin Ave. is embodied in the following physical and material characteristics:
• 2- story building form of 1910 house under frontward clipped-hip roof and rearward 1928 addition with side-gabled roof
• Project bay window at upper front
• East and west side roof dormers with shedded and gabled roofs • Redwood horizontal board siding at lower walls, frontward and rearward, including at west side entry stair and porch and at front porch, painted
• Wood shingling at upper front gable, east and west side gables and at rearward walls, painted • Exposed brick chimney at west side
• Wood panel door at west side entry and wood and glass door at front porch • Wood double-hung windows and wood picture windows at west side, including side casements at rear-most picture window, all painted
• W ood trim, including water table, window/door casings and sills, roof eaves and trimmed edges • Wood roof brackets at front
• Wood attic vents in front and side gables

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Non-historic alterations:
• Roofing and roof drainage
• 1978 addition at rear, northeast corner
• Site work

Signed:

Mark Hulbert
Preservation Architect

attached: Figs.1-24 (pp.9-25); original permit application

Selected Resources & References
from Berkeley Architectural Heritage Association (BAHA):

Northbrae: A Residential Park at Berkeley, 1994
Walter H. Ratcliff, Jr. Architect - His Berkeley Work. 2011 Copies of City of Berkeley building permit applications, 1910-1928 Summary of the works of contractor Nels Olsen
Woodruff Minor: The Architecture of Ratcliff. Heyday Books, Berkeley, 2006.

Sanborn Fire Insurance Maps for Berkeley, California; 1911, 1929 & 1950, vol.3, sh.353.

City of Berkeley permit records for 2119 Marin Ave.

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Fig.1 – 2119 Marin Ave. (highlighted, approx.) – Location aerial (Google Earth 2021, north at upper right)

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Fig.2 – 2119 Marin Ave. (highlighted) – from Assessor’s parcel map

Fig.3 – 2119 Marin Ave. (highlighted) – from1909 Berkeley Heights tract map (north is up) (note original use of Contra Costa Ave.)

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Figs.4-5 – 2119 Marin Ave. – West side (above) and front (below), 1910 (figs.5-10 from owners)

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Figs.6-7 – 2119 Marin Ave. – Rear (above) and east side (below), 1910

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Figs.8-9 – 2119 Marin Ave. – West side (above) and front (below), 1940

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Fig.10 – 2119 Marin Ave. (highlighted) – from 1929 Sanborn map (north is up)

Fig.11 – 2119 Marin Ave. – Front of house from street (figs.11-24, MH 2022)

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Fig.12 – 2119 Marin Ave. – Site entry from street, looking north

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Fig.13 – 2119 Marin Ave. – Front and part east side

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Figs.14-15 – 2119 Marin Ave. – West side

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Fig.16 – 2119 Marin Ave. – Rear

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Fig.17 – 2119 Marin Ave. – West side entry

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Fig.18 – 2119 Marin Ave. – Bracket at front porch

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Figs.19-20 – 2119 Marin Ave. – Front porch

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Fig.21 – 2119 Marin Ave. – Chimney at west side

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Fig.22 – 2119 Marin Ave. – West side, rear

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Fig.23 – 2119 Marin Ave. – East side

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Fig.24 – 2119 Marin Ave. – Redwood siding

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MILLS ACT

EXTERIOR REHABILITATION SCHEDULE
2119 MARIN AVE., BERKELEY
04/20/2022 rev.09/27/2022
Character
Defining?
Condition Recommended Treatment Schedule Budgets Notes
A. All wood board siding and trim
work throughout first story and
below, including front porch walls
Yes Fair Repair existing wood board siding
and trim work; repaint all (see
below)
2024-2026 $40,000 a
B. Wood shingle siding, second
story, south (front) and west side
Yes Fair-poor Remove and replace existing
wood shingles with new wood
shingles to visually match
original/early shingle work;
repaint all (see below)
2024-2026 $48,000 b
C. All wood windows and trim
(30 total)
Yes Fair-poor Repair existing wood windows or,
where irreparable, selectively
replace with new wood windows
to match existing; repaint all (see
below)
2024-2026 $40,000 c
D. All painted exterior wood siding,
soffits, trim, windows and doors
Yes Fair Prepare and repaint overall
exterior wood with paint color(s)
to match original Craftsman
character of building
2026-2028 $35,000
E. All roofs, roof drainage and
flashing
Yes Fair Replace roofing, flashing and roof
drainage assemblies
2030 $50,000 d
F. Wood steps at west side entry Yes Poor Replace to match existing 2028 $20,000 Total
Estimated
10yr. Budget
$233,000

1. 2.

3. a. Wood Repairs and Repainting:
b.

Wood Shingles:
c. Windows:
d. Reroofing:
• Replace any windows requiring replacement with new to match original/existing, including upper sash drops/ears at double-hung windows • Remove existing roofing and drainage assemblies and replace with new roofing and drainage assemblies; • New roofing to be composition roof shingles visually similar to original/early wood roof shingles, including ridgeline and hipline shingles.

REHAB NOTES:

Feature
GENERAL NOTES:
• Remove all paint on existing wood to remain to sound paint layers; • Remove all loose and failed wood material;
This proposed 10 year work plan is focused on the rehabilitation of primary exterior features and materials.

The proposed work plan is commensurate with the estimated Mills Act tax reduction per the accompanying Spreadsheet.

This focused work plan represents only a portion of current and future rehabilitation work. • Patch areas of rotted wood with wood epoxies and wood patches (dutchmen); • Where irreparable, replace wood with new to match existing; • Where removed, repair and replace underlayment;
• Caulk wood joints;
• Sand and clean all wood surfaces.
• Existing, painted wood shingles at north (rear) and east side in good condition and to be retained; • Replicate missing original concave wood shingle roof projecting within south gable over second floor windows (as shown in early photos).

Attachment 3

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L A N D M A R K S

P R E S E R V A T I O N

C O M M I S S I O N
S t a f f R e p o r t
1947 Center Street, Berkeley, CA 94704 Tel: 510.981.7410 TDD: 510.981.7474 Fax: 510.981.7420 E-mail: [email protected]

FOR COMMISSION ACTION
SEPTEMBER 1, 2022
2119 Marin Avenue – The Laflin House
Mills Act Contract Application #LMMA2022-0002 for a single-family residential property that is pending City Landmark or Structure of Merit designation consideration– APN 61-2584-3.

I. Application Basics
A. Parties Involved:
• Property Owner: Anne and Michael Ray
2119 Marin Avenue
Berkeley, CA
• Historic Resource Consultant: Mark Hulbert, Historic Architect Preservation Architecture
446 17th Street, #302
Oakland, CA 94612
B. Recommendation: Approve the proposed rehabilitation schedule and recommend favorable action to City Council.

ATTACHMENT 4
from LPC 09-01-22

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LANDMARKS PRESERVATION COMMISSION 2119 MARIN AVENUE
September 1, 2022 Page 2 of 6

Figure 1: Vicinity Map – highlighting nearby City Landmarks and Structures of Merit

Subject
Property
ATTACHMENT 4
from LPC 09-01-22

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LANDMARKS PRESERVATION COMMISSION 2119 MARIN AVENUE
September 1, 2022 Page 3 of 6

Figure 2: Subject property, primary façade in 1940 (Laflin family)

Figure 3: Subject property, primary façade in 2022 (Hulbert)

ATTACHMENT 4
from LPC 09-01-22

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LANDMARKS PRESERVATION COMMISSION 2119 MARIN AVENUE
September 1, 2022 Page 4 of 6

II. Background

California Mills Act
The Mills Act, California Government Code Article 12, Section 50280-50290, is a tax incentive program designed to encourage proper maintenance and preservation of historically significant properties. The state law permits local jurisdictions to enter into agreements with owners of historic properties to reduce property taxes and to require that the savings are used to complete approved rehabilitation and preservation activities over a minimum ten-year period.

In 1998, City Council adopted Resolution 59,355 authorizing use of the Mills Act for sites in Berkeley. Only the owners of locally designated City Landmarks and Structures of Merit may apply for Berkeley Mills Act contracts.

The Landmarks Preservation Commission (LPC) must review Mills Act requests, determine whether the proposed rehabilitation schedules include appropriate activities, and then consider recommending that City Council enter into a Mills Act contract with the property owner.

Application Chronology
On May 23, 2022, the property owner submitted the subject Mills Act application and a City Landmark (LM) or Structure of Merit (SOM) application, in accordance with Berkeley Municipal Code (BMC) Section 3.24.120. Both applications were prepared by historic architect Mark Hulbert.

The LM/SOM designation application is pending review and consideration by the Landmarks Preservation Commission (LPC); the public hearing for this matter began August 5, 2022, and will continue on September 1, 2022.

Consideration of this Mills Act application is contingent upon LPC approval of the pending LM or SOM request. The Commission may consider the Mills Act request only after it takes favorable action on the pending designation request.

III. Issues and Analysis

The Mills Act contract application package for this consideration is included as Attachment 1 of this report. It contains a Historical Architectural Report, a proposed Exterior Rehabilitation Schedule with a cost budget and a completed Financial Analysis Worksheet for this request.

The proposed Exterior Rehabilitation Schedule outlines building exterior and site improvements for the subject property over a projected 10-year period. Improvements to the exterior of the City Landmark building include, but are not limited to: repair of wood board siding and replacement of wood shingles to match existing; repair and replace as needed all wood windows; and to repaint the exterior building materials.

ATTACHMENT 4
from LPC 09-01-22

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LANDMARKS PRESERVATION COMMISSION 2119 MARIN AVENUE
September 1, 2022 Page 5 of 6

All improvements included in the Exterior Rehabilitation Schedule relate to the historic, character defining features of the building and site. The schedule appears to constitute ordinary maintenance and repair of the property and, therefore, would be permitted ministerially under the Landmarks Preservation Ordinance (Berkeley Municipal Code Section 3.24.260). However, any future work that would go beyond the scope of maintenance and repair would be subject to prior approval by the Commission.

These work plan items appear to be justifiable in that they constitute restoration, repair, rehabilitation and continued maintenance of the subject property. Further, the activities would provide for the property’s “use, maintenance and restoration as to retain its characteristics as property of historical significance,” as provided for in the Mills Act, Government Code Sections 50280 et. Seq., as authorized by the Berkeley City Council per Resolution No. 59,355 – N.S. For these reasons, staff concludes that the proposed tasks represent improvements that are consistent with the requirements of the Mills Act.

IV. Mills Act Contract Proposal

Table 1. Summary of Rehabilitation Schedule & Recommended Treatments

Feature
Treatment
(as recommended by historic resource consultant except
where noted)
Estimated
Year of
completion
Painted wood board and
wood shingle siding and
trim work throughout
Repair existing painted wood
board siding and trim work; replace all wood
shingles to match existing
2024-2026
Thirty painted wood
windows
Repair or, where irreparable,
selectively replace to match
existing
2024-2026
All painted exterior wood
siding, trim, windows and
doors
Repaint 2026-2028
Roof, roof drainage and
flashing
Replace roofing, drainage
assemblies and flashing 2030
Wood steps at west side
entry Replace to match existing 2028

ATTACHMENT 4
from LPC 09-01-22

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LANDMARKS PRESERVATION COMMISSION 2119 MARIN AVENUE
September 1, 2022 Page 6 of 6

The working financial analysis spreadsheet provided by the applicant at time of submittal estimates that the cost of the owner’s proposed improvements over a 10-year period is approximately $185,000 and the estimated total tax savings over the 10-year period is approximately $135,500, with an annual savings of approximately $12,300 over the ten- year of the program.

V. Recommendation

Staff has determined that all work proposed in the Mills Act Contract work plan provides for the propert y’s “use, maintenance and restoration as to retain its characteristics as property of historical significance”, and advises the Commission to recommend that City Council approve the Mills Act Contract request for the subject property.

Attachments:

1. Mills Act Application for 2119 Marin Avenue – including Historical Architectural Report, Exterior Rehabilitation Schedule and Financial Analysis Worksheet, received May 23, 2022

Prepared by: Fatema Crane, Principal Planner/LPC Secretary; [email protected] (510) 981-7410 ATTACHMENT 4
from LPC 09-01-22

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CONSENT CALENDAR
February 14, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Liam Garland, Director, Public Works
Subject: Authorize a Funding Agreement with AC Transit to Supplement the Quick- Build Durant Transit Lane Project

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to negotiate and enter into a funding agreement between the City of Berkeley and AC Transit providing $648,000 in additional City funding to supplement the Quick-Build Durant Transit Lane Project.

FISCAL IMPACTS OF RECOMMENDATION
The City will contribute a total of $648,000 in supplemental funding to support the project’s construction and delivery. Funding in the amount of $336,000 is available in the FY 2023 budget in the General Fund (Fund 011). Funding in the amount of $312,000 is subject to appropriation in the FY 2024 budget in the Measure BB Fund 134.

The funding will pay for new bus shelters at three new bus bulbs, angle parking on the north side of Durant Avenue for the whole project length, and an extension of the bus lane from Ellsworth Street to Fulton Street.

CURRENT SITUATION AND ITS EFFECTS
AC Transit and the City are collaborating on the Quick-Build Durant Transit Lane project, which would introduce several transit operation improvements on Durant Avenue in the Southside neighborhood. Installing a transit-only lane and additional parking spaces can alleviate roadway conflicts and provide a clear path for transit.

AC Transit’s original scope of work for the project included:
 A red transit-only lane between Ellsworth Street and College Avenue, creating a dedicated lane for buses in a highly congested corridor;  New bus bulbs at the bus stops within this project area, which would speed up transit operations by no longer necessitating buses pulling out of and back into traffic;
 Traffic signal modification at the intersection of Durant and College Avenues, to allow buses priority for right turns; and

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Authorize a Funding Agreement with AC Transit CONSENT CALENDAR to Supplement the Quick-Build Durant Transit Lane Project February 14, 2023

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 Reconsidering curb management on the north side of Durant Avenue between Telegraph Avenue and Bowditch Street, which experiences heavy loading traffic.

Initial design work identified that the three bus bulbs would need powered bus shelters due to shade from existing tree canopies. In June 2022, Council included funding from the General Fund in the FY 2023 budget to fund this unexpected cost increase.

Additionally, in the past year, City staff proposed additional elements to expand the project’s scope and effectiveness. These included:
 Extending the transit lane from Ellsworth Street west to Fulton Street;  Implementing front-in angled parking on the north side of Durant Avenue for the full length of the transit lane project, increasing parking capacity in residential and commercial areas; and
 Installing concrete bus pads at the bus stops in the project corridor.

Staff committed to AC Transit that the City would identify local funding to deliver additional City-proposed scope elements. After a review of available funds, the City identified funding for the transit lane extension and angled parking on the north side of Durant Avenue. The funding agreement will formalize this pledge.

The Quick-Build Durant Transit Lane Project is a Strategic Plan Priority Project, advancing our goal to provide state-of-the-art, well-maintained infrastructure, amenities, and facilities.

BACKGROUND
AC Transit lines 6, 36, and 51B operate on stretches of Durant Avenue in the Southside neighborhood of Berkeley. Durant Avenue is frequently congested due to delivery drivers double-parking, particularly between Telegraph Avenue and Bowditch Street, which adversely impacts transit reliability. Durant Avenue is also a major vehicular access corridor connecting Downtown Berkeley with the Southside neighborhood, with three one-way through lanes and curbside parking and/or loading zones supporting local residents, businesses, and visitors.

The Quick-Build Durant Transit Lane Project is part of an AC Transit-wide effort to improve transit services to complement the numerous corridor improvement projects being undertaken as part of the AC Transit Major Corridors Study (2016) and the Quick- build Framework (2020).

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The Project would result in more efficient transit operations, encouraging more people to use public transportation and engage in active modes of transportation instead of driving.

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Authorize a Funding Agreement with AC Transit CONSENT CALENDAR to Supplement the Quick-Build Durant Transit Lane Project February 14, 2023

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RATIONALE FOR RECOMMENDATION
This project is a collaboration between the City and AC Transit to benefit transit operations and improve parking management in a highly congested area. The purpose of the Quick-Build project is to improve transit operations along Durant Avenue and to further implement improvements consistent with the City’s transportation policies. AC Transit worked with the City of Berkeley in developing the project scope, including project elements, outreach/notification, and approval processes. The City will continue to work with AC Transit in finalizing the project design and implementation.

ALTERNATIVE ACTIONS CONSIDERED
City staff originally sought to fund new concrete bus pads at the bus stops in the project corridor, but insufficient funding was available to support their construction.

CONTACT PERSON
Farid Javandel, Deputy Director of Public Works, Transportation and Engineering (510) 981-7061
Gordon Hansen, Senior Planner, Public Works, (510) 981-7064 Attachment:
1: Resolution

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

AUTHORIZE A FUNDING AGREEMENT WITH AC TRANSIT TO SUPPORT THE

QUICK-BUILD DURANT TRANSIT LANE PROJECT
WHEREAS, AC Transit operates local bus lines on Durant Avenue in the Southside neighborhood of Berkeley; and
WHEREAS, AC Transit has been awarded federal grant funding to implement the Quick- Build Durant Transit Lane project, which will benefit transit operations and improve parking management in a highly congested area; and
WHEREAS, City staff have collaborated with AC Transit on the project scope, adding supplemental project elements to increase the project’s extent and effectiveness; and WHEREAS, the City has identified a total of $648,000 in supplemental funding to support the expanded project scope, with $336,000 available in the FY 2023 budget in the General Fund (Fund 011) and $312,000 subject to appropriation in the FY 2024 budget in the Measure BB Fund 134; and
WHEREAS, the supplemental funding will pay for new bus shelters at three new bus bulbs, angle parking on the north side of Durant Avenue for the whole project length, and an extension of the bus lane from Ellsworth Street to Fulton Street.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to negotiate and sign a funding agreement with AC Transit to supplement the implementation of the Quick-Build Durant Transit Lane project.

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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
February 14, 2023
To: Honorable Members of the City Council
From: Mayor Jesse Arreguín
Subject: Berkeley Rotary Endowment: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Fund

RECOMMENDATION
Adopt a Resolution approving the expenditure of an amount not to exceed $250 per Councilmember including $250 from Mayor Arreguin, to the Berkeley Rotary Endowment, with funds relinquished to the City’s general fund for this purpose from the discretionary Council Office Budgets of Mayor Arreguin and any other Councilmembers who would like to contribute.

BACKGROUND
The Berkeley Rotary Endowment is the fiscal sponsor of the annual Martin Luther King Jr Celebration, with the 12th annual event having taken place on January 16, 2023. The purpose of this event is to bring the faith based, business, university, youth and civic communities together to celebrate the life and dreams of Dr. King and to honor adult and youth leaders in our community. During the event, several local non-profits are highlighted for the work they do in the community, and donations raised go to the organizations that are honored.

This year, five different organizations were recognized.  Black Girls United: They work with BUSD to provide safe spaces for Black girls, providing mental and emotional support, skills for peer conflict mediation, and celebrate blackness.
 Women’s Daytime Drop-In Center: Founded in 1987, today they support around 1,600 people annually with housing navigation, parenting classes, essential supplies, and more.
 BOSS Women & Children’s Reentry Campus: This program operated by Building Opportunities for Self-Sufficiency (BOSS) provides interim housing and services to formerly incarcerated women, providing a transition to stable housing and family reunification.
 Pacific Center for Human Growth: Celebrating its 50th anniversary, this is the oldest LGBTQ+ center in the Bay Area, providing a wide range of services such as mental and physical health, support groups, and facilitated workshops.

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Berkeley Rotary Endowment CONSENT CALENDAR
February 14, 2023

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 Love Never Fails: They provide a wide range of services to survivors of human trafficking, including workforce development, mentoring, education, survivor empowerment, and housing.

Funds raised through this Resolution will help the Berkeley Rotary Endowment support these important organizations that carry on the legacy of Dr. Martin Luther King Jr.

FINANCIAL IMPLICATIONS
No General Fund impact; $250 is available from Mayor Arreguin’s Office Budget discretionary accounts.

ENVIRONMENTAL SUSTAINABILITY
There are no environmental impacts associated with the recommendations in this report.

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

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

AUTHORIZING THE EXPENDITURE OF SURPLUS FUNDS FROM THE OFFICE

EXPENSE ACCOUNTS OF THE MAYOR AND COUNCILMEMBERS FOR A GRANT

TO PROVIDE PUBLIC SERVICES FOR A MUNICIPAL PUBLIC PURPOSE WHEREAS, Mayor Jesse Arreguin has surplus funds in his office expenditure account; and
WHEREAS, a California non-profit tax exempt corporation, the Berkeley Rotary Endowment, seeks funds in the amount of $250 to provide the following public services to publicly commemorate and honor the contributions of Dr. Martin Luther King Jr. by supporting non-profit organizations who carry on his legacy; and WHEREAS, the provision of such services would fulfill the following municipal public purpose of bringing the communities across the City, including, but not limited to faith based, business, university, youth and civic communities, together to celebrate the life and dreams of Dr. King and to honor adult and youth leaders in our community.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that funds relinquished by the Mayor and Councilmembers from their Council Office Budget up to $250 per office shall be granted to the Berkeley Rotary Endowment to fund the following services of bringing the communities across the City, including, but not limited to faith based, business, university, youth and civic communities, together to support non-profit organizations that carry on the legacy of Dr. Martin Luther King Jr.

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CONSENT CALENDAR
February 14, 2023
To: Honorable Mayor and Members of the City Council
From: Councilmember Rigel Robinson (author), Vice Mayor Ben Bartlett (co- sponsor), Councilmember Kate Harrison (co-sponsor), Councilmember Mark Humbert (co-sponsor)
Subject: Referral: Southside Impact Fee Nexus Study

RECOMMENDATION

BACKGROUND
Under the Mitigation Fee Act, local governments are authorized to impose fees on development projects to fund new public facilities. Prior to approval of an impact fee, a Nexus Study is required to establish the purpose of the impact fee, the uses the fee will fund, the reasonable relationship of the fee, and the types of development that will be subject to the fee.

The Downtown Streets and Open Space Improvement Plan (SOSIP), adopted in 2013, is funded by development impact fees and in-lieu fees alongside grants and other sources.1 The SOSIP implements the Downtown Area Plan and provides guidance for actions to make Downtown Berkeley more bicycle- and pedestrian-friendly, support community vitality, and promote economic development. Examples of major projects identified in the SOSIP include the Downtown Berkeley BART plaza, Shattuck reconfiguration, and Milvia bike lanes.

Much like Downtown, Southside is an economically vibrant, dense, mixed-use neighborhood with high levels of pedestrian activity. Southside also serves as the gateway between the UC Berkeley campus and the City of Berkeley. Establishing a 1https://berkeleyca.gov/your-government/our-work/adopted-plans/streets-and-open-space-improvement- plan-sosip

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Southside Impact Fee and Open Space In-Lieu Fee CONSENT CALENDAR FEBRUARY 14, 2023 Southside SOSIP to fund public realm projects would enable the City to close funding gaps and meet the neighborhood’s infrastructure needs.

While the list of projects that can be funded by the impact fee are subject to the findings of the Nexus Study, potential projects include those outlined in the Telegraph Public Realm Plan (TPRP). The TPRP is a vision plan established in 2016 that seeks to “enhance Telegraph Avenue as a pedestrian-friendly place and distinctive destination” through scramble intersections, sidewalk improvements, public art, and more. The Southside SOSIP impact fee could also generate funding for Car-Free Telegraph, which was established as a Council priority through a February 2022 referral. Funding allocations for Southside SOSIP projects shall be determined in consultation with the appropriate City Councilmembers and shall be approved by the City Council.

ALTERNATIVES CONSIDERED
The Council could also consider an open space in-lieu fee. City staff is considering amendments to the 2011 Southside Plan to encourage the production of housing at all income levels.2 The draft objective standards presented in September 2022 propose a reduction in the minimum open space requirement — referring to areas such as balconies, courtyards, and rooftops — in order to increase floor area dedicated to residential development.3 Establishing an open space in-lieu fee would allow developers to pay the fee and opt out of building on-site open space, allowing more flexibility in project design.

FINANCIAL IMPLICATIONS
Staff time and $250,000 from the General Fund.

ENVIRONMENTAL SUSTAINABILITY
None.

CONTACT PERSON
Councilmember Rigel Robinson, (510) 981-7170
Angie Chen, Legislative Assistant
Chloe Park, Intern
Attachments:
1: Berkeley Municipal Code 23.204.130: Open Space Requirements for C-DMU 2: Staff Report and Resolution Adopting C-DMU Open Space In-Lieu Fee 3: Downtown Area Plan SOSIP Fee Nexus Study
2 https://berkeleyca.gov/your-government/our-work/adopted-plans/southside-plan 3 https://berkeleyca.gov/sites/default/files/documents/2022-09- 20%20WS%20Item%2001%20Residential%20Objective%20Standards.pdf

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23.204.130 C-DMU Downtown Mixed-Use District.

A. District Purpose. The purpose of the C-DMU district is to implement the vision and goals of the Downtown Area Plan (adopted 2012), which include: Environmental Sustainability, Land Use, Access, Historic Preservation and Urban Design, Streets and Open Space, Housing and Community Health and Services, and Economic Development.

B. Allowed Land Use.

1. General. See Table 23.204-1: Allowed Uses in the Commercial Districts.

2. Automatic Teller Machines (ATM). An ATM inside a non-bank building is allowed with an AUP.

3. Banks and Financial Services, Retail. Retail banks and financial services in the C-DMU require permits as follows:
(i) Under 7,500 square feet outside of the Arts District Overlay: Zoning Certificate. (ii) All other retail banks and financial service uses: AUP.

4. Media Production. Recording studios are allowed with an AUP. Broadcast studios require a Use Permit.

C. Additional Permit Requirements. See Section

23.204.030--Additional Permit Requirements.

D. Arts Overlay District.

1. Purpose. The purpose of the Downtown Arts District Overlay (ADO) is to create a core of cultural activities and supportive retail and commercial uses in the C-DMU district. The ADO is intended to generate more pedestrian vitality in the downtown, promote Berkeley’s regional leadership in the arts, and encourage broader economic revitalization of the area. The types of uses which would enhance the Arts District include ground floor retail uses which would contribute to the cultural vitality of the area, seated food service, and uses which provide pedestrian scale and siting.

2. Boundaries. The boundaries of the ADO are shown in Figure 23.204-4: C-DMU Downtown Arts District Overlay Boundaries.

Figure 23.204-4. C-DMU DOWNTOWN ARTS DISTRICT OVERLAY BOUNDARIES

23.204.130 C-DMU Downtown Mixed-Use District | Berkeley Municipal Code Page 1 of 10 The Berkeley Municipal Code is current through Ordinance 7836-NS, and legislation passed through October 11, 2022.

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3. Use Limitations; Findings. Food service establishments and offices on the ground floor adjacent to a street frontage require an AUP. To approve the AUP, the Zoning Officer must find that:
(a) The project meets the purposes of the Arts Overlay District as set forth above; and (b) The location, size, type, appearance, and signage of the proposed use will:
i. Animate and enhance the pedestrian experience on the street; and ii. Be generally open to the public evenings and on weekends, whenever practicable.

E. Development Standards.

1. Height.
(a) Height Limits. Table 23.204-37: C-DMU Height Limits shows height limits in the C-DMU district, except as otherwise allowed by Paragraph
2 below. See Figure 23.204-5: C-DMU Sub-Areas for district sub-area boundaries.

23.204.130 C-DMU Downtown Mixed-Use District | Berkeley Municipal Code Page 2 of 10 The Berkeley Municipal Code is current through Ordinance 7836-NS, and legislation passed through October 11, 2022.

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Figure 23.204-5. C-DMU SUB-AREAS

23.204.130 C-DMU Downtown Mixed-Use District | Berkeley Municipal Code Page 3 of 10 The Berkeley Municipal Code is current through Ordinance 7836-NS, and legislation passed through October 11, 2022.

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Table 23.204-37. C-DMU HEIGHT LIMITS

SUB-AREA MINIMUM MAXIMUM MAXIMUM WITH USE PERMIT
Core Area 50 ft.
60 ft. 75 ft. Outer Core 40 ft.

Corridor 40 ft.

Buffer No minimum 50 ft. 60 ft.
(b) Parapet Walls. For roofs with parapet walls, building height is measured to the top of the roof.

Parapets may exceed the height limit by up to 5 feet as of right. (c) Minimum Height. The minimum height standard applies to new buildings only, measured to the top of the plate. Theater and museum buildings are exempt.

2. Increased Height Allowance.
(a) Allowed Height. The ZAB may issue a Use Permit for up to five buildings that exceed the C-DMU height limits as shown in Table 23.204-38: C-DMU Increased Height Allowance.

Table 23.204-38. C-DMU INCREASED HEIGHT ALLOWANCE
Sub-Area
Number of
Buildings
Height
Minimum Maximum
Combined Core and
Outer Core
2 75 ft. 120 ft.

Core 3 120 ft. 180 ft.
(b) Application Process.
i. Applications for any of the five buildings over 75 feet in height may be submitted on July 1, 2012.

If no applications that satisfy the submittal requirements as determined by the Zoning Officer are submitted on that date, then the next deadline to submit applications will be no later than six months from that date, with application opportunity dates at six-month intervals until the first application has been submitted. Once the first application has been submitted, then the application opportunity date will occur once yearly on the anniversary of the date of the first submittal. ii. A project shall secure a position as one of the five allowed buildings over 75 feet in height following final Use Permit approval. Such Use Permits shall include a condition of approval that establishes a schedule for: submittal of a building permit application, timely response to plan check comments, payment of building permit fees such that a building permit can be issued, and beginning

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construction. The process for allowing extension of the timeline requirements, if any, shall be specified in the condition.
iii. Failure of a permit holder to strictly comply with the schedule established by the Use Permit is grounds for revocation of the Use Permit pursuant to Chapter 23.404.080 (Permit Revocation). (c) Community Benefit Required.
i. To approve a Use Permit for increased building height under this section, the ZAB must find that the project will provide significant community benefits, either directly or by providing funding for such benefits to the satisfaction of the City, beyond what would otherwise be required by the City. ii. Significant community benefits may include, but are not limited to affordable housing, supportive social services, green features, open space, transportation demand management features, job training, and/or employment opportunities.
iii. This community benefit requirements shall be included as conditions of approval and the owner shall enter into a written agreement with the City that shall be binding on all successors in interest.

3. Setbacks.
(a) Basic Standards. Table 23.204-39 shows minimum required lot line setbacks in the C-DMU district.

Additional standards are listed in

23.204.130.3.d.

Table 23.204-39. C-DMU Setback Standards
Portion of Building at
Height of:

Front
Minimum Interior Side
Minimum Rear 65’ and less from
lot frontage
Over 65’ from lot
frontage
Zero to 20 feet No minimum.
5 ft. max.

No minimum
21 feet to 75 feet No minimum. No minimum 5 ft.
76 feet to 120 feet 15 ft. min. 5 ft. 15 ft.

Over 120 feet 15 ft. min. 15 ft.
(b) Modifications to Standards. The ZAB may modify the setback standards in Table 23.204-39 with a Use Permit upon finding that the modified setbacks will not unreasonably limit solar access or create significant increases in wind experienced on the public sidewalk. (c) Residential Transitions. The setback standards in Table 23.204-39 shall not apply to commercial lots abutting or confronting residential zoning. Such lots shall comply with Section

23.304.030.C.2--Setbacks
(Lots Adjacent to Residential Districts).
(d) Additional Standards.

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i. For buildings over 120 feet in height, that portion of the building over 120 feet must be less than 120 feet in width when measured at the widest point on the diagonal in plan view. ii. For a lot that abuts the interior side or rear lot line of a residentially-zoned lot, a new building shall be set back from the shared property line by 20 feet where the building exceeds 45 feet in height.
iii. For a lot that confronts a residentially-zoned lot, a new building shall be set back 10 feet from the street-facing property line where the building exceeds 45 feet in height, except that this provision shall not apply to lots confronting public uses with a residential zoning designation, such as Berkeley High School, Civic Center Park, and Fire Station 2. However, this provision will apply for all lots with frontage on the Martin Luther King Jr. Way right-of-way. iv. For lots with frontage on the Shattuck Avenue right-of-way south of Durant Avenue, a new building shall be set back 15 feet from the Shattuck Avenue property line where the building exceeds 65 feet in height.
v. Architectural features such as eaves, cornices, canopies, awnings, bay windows, uncovered porches, balconies, fire escapes, stairs and landings may project up to five feet into required setbacks of this section so long as the surface area of such projections does not exceed 50 percent of the surface area of the side of the building on which the projections are located.

4. Usable Open Space. Table 23.204-40 shows minimum required usable open space in the C-DMU district.

Table 23.204-40. C-DMU USABLE OPEN SPACE REQUIREMENTS

MINIMUM USABLE OPEN SPACE SUPPLEMENTAL STANDARDS
Residential Uses 80 sq. ft./unit [1]

23.304.090—Usable Open Space
Non-Residential Uses 1 sq. ft. of privately-owned public open space per 50 sq. ft. of commercial floor
area.

Note:
[1] Each square foot of usable open space provided as privately-owned public open space is counted as two square feet of required on-site open space.

5. Privately-Owned Public Open Space.
(a) If a privately-owned public open space is indoors or enclosed, it shall include natural light in the form of windows, skylights, entryways, or other openings.
(b) Privately-owned public open space must be:

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i. Clearly identified with signage in a publicly conspicuous location at street level indicating the area that is open to the public, the hours the space is open, and the party responsible for maintenance; and
ii. Separated from the grade of the public sidewalk by a height no greater than 3 vertical feet unless an AUP is obtained.

6. Open Space Alternatives.
(a) In lieu of providing the open space required by this section on-site, an applicant may either:
i. Pay an in-lieu fee to help fund the Streets and Open Space Improvement Plan (SOSIP); and/or ii. Construct public improvement consistent with the SOSIP. (b) Payment of a fee in lieu of providing publicly accessible open space requires a Use Permit. To allow payment of an in-lieu fee, the ZAB must find that the payment will support timely development of open space improvements that will serve the needs of project residents and other people living in and using the downtown.
(c) Construction of public improvements consistent with the SOSIP in lieu of open space requires a Use Permit. To allow construction of public improvements, the ZAB must find that the public improvements:
i. Will be located within the vicinity of the project and are consistent with the SOSIP; ii. Will be coordinated with other ongoing or approved SOSIP or other right-of-way improvements in the vicinity, and will not create a hazardous situation or an unusual appearance in the downtown; and iii. Will be finished before issuance of a certificate of occupancy for the project, unless otherwise allowed by the project conditions of approval.

7. Ground Floor Street Frontage.
(a) Special ground floor street frontage requirements in Paragraph (b) below apply to the following uses
in the C-DMU district:
i. Insurance Agents, Title Companies, Real Estate Agents, Travel Agents. ii. Office, Business and Professional.
iii. Group Class Instruction.
iv. Gym/Health Club.
(b) New ground floor uses listed in paragraph (a) above that are adjacent to a street frontage shall either:
i. Include a storefront window display; or

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ii. Be transparent and provide pedestrian viewing at least 10 feet into the storefront area.

8. Residential Entrance Limitations. In new buildings constructed on public serving frontages, as shown in Figure 23.204-6, entrances to individual dwelling units and to living quarters in group living accommodations are not permitted on the street-facing side of the street-level floor.

Figure 23.204-6. C-DMU PUBLIC SERVING FRONTAGES

23.204.130 C-DMU Downtown Mixed-Use District | Berkeley Municipal Code Page 8 of 10 The Berkeley Municipal Code is current through Ordinance 7836-NS, and legislation passed through October 11, 2022.

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23.204.130 C-DMU Downtown Mixed-Use District | Berkeley Municipal Code Page 9 of 10 The Berkeley Municipal Code is current through Ordinance 7836-NS, and legislation passed through October 11, 2022.

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The Berkeley Municipal Code is current through Ordinance 7836-NS, and legislation passed through October 11, 2022.

Disclaimer: The City Clerk’s Office has the official version of the Berkeley Municipal Code. Users should contact the City Clerk’s Office for ordinances passed subsequent to the ordinance cited above.

City Website: www.berkeleyca.gov
Code Publishing Company
F. Streets and Open Space Improvement Plan (SOSIP) Fee. In addition to any other requirement of this section, projects shall be subject to payment of an impact fee to implement the Streets and Open Space Improvement Plan.

G. Green Building Provisions.

1. New Buildings. Construction of any new building shall attain either:
(a) LEED Gold rating or higher as defined by the U.S. Green Building Council (USGBC); or (b) Building performance equivalent to this rating, as determined by the Zoning Officer.

2. Additions 20,000 Square Feet or Less. Additions of 20,000 square feet or less shall be required to meet all applicable standards of the Stopwaste Small Commercial Checklist, or equivalent, as determined by the Zoning Officer. The rating shall be appropriate to the use type of the proposed construction.

3. Additions More than 20,000 Square Feet. Additions of more than 20,000 square feet shall attain either:
(a) LEED Gold rating or higher as defined by the U.S. Green Building Council (USGBC); or (b) Building performance equivalent to this rating, as determined by the Zoning Officer.

H. Environmental Impacts. Projects that may create potentially significant environmental impacts as described in the Downtown Area Plan Final EIR shall be subject to the adopted Mitigation Monitoring Program for the Downtown Area Plan.

I. Permit Findings. To approve an AUP or Use Permit for a project in the C-DMU district, the review authority must make the findings in Section

23.406.040 (Use Permits) and find that the proposed use or structure:

1. Is compatible with the purposes of the district; and

2. Is compatible with the surrounding uses and buildings. (Ord. 7835-NS § 4, 2022; Ord. 7830-NS § 4, 2022; Ord. 7810-NS § 7, 2022: Ord. 7787-NS § 2 (Exh. A), 2021)

23.204.130 C-DMU Downtown Mixed-Use District | Berkeley Municipal Code Page 10 of 10 The Berkeley Municipal Code is current through Ordinance 7836-NS, and legislation passed through October 11, 2022.

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PUBLIC HEARING
February 14, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Jordan Klein, Director, Planning and Development Department Lisa Warhuus, Director, Health, Housing and Community Services Department Subject: Citywide Affordable Housing Requirements

RECOMMENDATION
Conduct a public hearing and upon conclusion:

1. Adopt first reading of an Ordinance amending the Berkeley Municipal Code Chapter 23.328, updating the citywide Affordable Housing Requirements in the Zoning Ordinance, repealing existing administration and zoning code sections that refer to affordable housing requirements, BMC Section 22.20.065, and Section 23.312.040(A)(6), and updating references to BMC Chapter 23.328 throughout the Berkeley Municipal Code, to become effective on April 1, 2023.

23.328.

SUMMARY
At their meeting on January 17, 2023, the City Council conducted a public hearing and took actions to adopt the first reading of a proposed ordinance to amend the City’s affordable housing requirements; adopt a resolution establishing an in-lieu fee for the City’s inclusionary requirements and regulations for related voucher programs; and also made additional amendments which were included in Supplemental Communications Packet #2 from the Planning and Development Department (see more detailed description below).

In order to implement the City Council’s action to calculate the in-lieu fee based on the “net residential floor area” using the equivalent of the 2020 Affordable Housing Mitigation Fee level (instead of residential gross floor area), staff created a new definition for “Residential Unit Floor Area” (Attachment 1, Section 23.328.020.H) and

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Citywide Affordable Housing Requirements PUBLIC HEARING February 14, 2023

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modified references to this new definition in the ordinance. The proposed resolution (Attachment 2) includes updated references to the new definition for the basis of the in- lieu fee in BMC Chapter 23.328, the tiered in-lieu fee amounts (as described in Supplemental Communications Packet #2), and would supersede Resolution No. 70,668-N.S.

FISCAL IMPACTS OF RECOMMENDATION
The proposed $56.25 per square foot in-lieu fee based on Residential Unit Floor Area (Attachment 2, Section 23.328.020.H) is roughly equivalent to the proposed $45 per square foot of applicable gross floor area, assuming a 80/20 ratio of gross floor area over net area based on industry standards. This calculation is based on the 2020 Affordable Housing Mitigation Fee (See Attachments 3 and 4, January 17, 2023 City Council Meeting – Item 21 Citywide Affordable Housing Requirements Staff Report and Supplemental Communications Packet #2, for a more detailed explanation).

CURRENT SITUATION AND ITS EFFECTS
At their meeting on January 17, 2023, the City Council conducted a public hearing and adopted the first reading of Ordinance No. 7,853–N.S. and Resolution No. 70,668–N.S., updating the City’s affordable housing requirements for housing development projects.

As part of the Council action, the item was amended to include the revisions provided in Supplemental Communications Packet #2 from the Planning and Development Department regarding:

1. An exemption for projects of fewer than five units 1

2. Anti-piecemealing provisions, 2 and

3. Calculation of the in-lieu fee based on “net residential floor area” using the 2020 Affordable Housing Mitigation Fee level.3
In order to implement Council direction to calculate the in-lieu fee based on the “net residential floor area” using the equivalent of the 2020 Affordable Housing Mitigation Fee level, staff prepared a new definition for “Residential Unit Floor Area” (Attachment 1, Section 23.328.020.H). The new definition was crafted to convey Council’s stated intent to exclude common areas and other shared space. The new definition does not use the word “net” to avoid confusion with existing usage of the term “net” that conveys a comparison between proposed and existing square footage, e.g., “net new” area that is subject to various other regulations and fees.
1 See Attachment 2, Section 23.328.050.F Exemptions.
2 See Attachment 2, Section 23.328.020.E Housing Development Project. 3 See Attachment 2, Section 23.328.020.H. Residential Unit Floor Area.

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Citywide Affordable Housing Requirements PUBLIC HEARING February 14, 2023

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The proposed resolution (Attachment 2) includes updated references to the new definition for the basis of the in-lieu fee in BMC Chapter 23.328, the tiered in-lieu fee amounts (as described in Supplemental Communications Packet #2), and would supersede Resolution No. 70,668-N.S.

BACKGROUND
See January 17, 2023 City Council Meeting – Item 21 Citywide Affordable Housing Requirements Staff Report.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
See January 17, 2023 City Council Meeting – Item 21 Citywide Affordable Housing Requirements Staff Report.

RATIONALE FOR RECOMMENDATION
The actions recommended in this staff report and accompanying legislation implement the actions taken by City Council on January 17, 2023 under Item 21 – Citywide Affordable Housing Requirements.

ALTERNATIVES CONSIDERED
See January 17, 2023 City Council Meeting – Item 21 Citywide Affordable Housing Requirements Staff Report and Supplemental Communications Packet #2.

CONTACT PERSON
Alisa Shen, Principal Planner, Planning and Development, [email protected], (510) 981-7409
Margot Ernst, Housing Division Manager, Health Housing and Community Services, [email protected], (510) 981-5427.

Attachments:
1: Draft Ordinance
2: Draft Resolution
3: 1/17/23 City Council Meeting – Item 21, Staff Report and Attachments:
4: 1/17/23 City Council Meeting – Item 21, Supplemental Communications Packet #2 5: Public Hearing Notice

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ORDINANCE NO. -N.S.

AFFORDABLE HOUSING REQUIREMENTS; AMENDING BERKELEY MUNICIPAL CODE TITLES 22 AND 23
BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. That Berkeley Municipal Code Section 22.20.065, and Section

23.312.040(A)(6) are hereby repealed.

Section 2. That Berkeley Municipal Code Chapter 23.328 is repealed and re-enacted to read as follows:

23.328.010 Findings and Purpose.

A. The State of California has established a Regional Housing Needs Allocation (RHNA) process under which it allocates a “fair share” of the regional housing need, updated periodically, to each local jurisdiction. The “fair share” allocated to Berkeley increased significantly based on the regional housing needs determination finalized in late 2021. The sixth cycle of the RHNA for the San Francisco Bay Area allocates to Berkeley a “fair share” that calls for adequate sites for 8,934 housing units for the period from 2023 to 2031, including sites for 2,446 Very Low Income units, 1,408 Low Income units, and 1,416 Moderate Income units.

B. The Bay Area suffers from a shortage of affordable housing. As the Bay Area region experiences increased economic growth and a high demand for housing, housing prices continue to rise, which leads to displacement of low income residents and exacerbates the shelter crisis that has led to unacceptably high rates of homelessness in the City of Berkeley and the Bay Area region.

C. In 1990, the City established the Housing Trust Fund program to pool available funding for affordable housing development. The Housing Trust Fund program is funded

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by federal, state, and local revenues, including by in-lieu and mitigation fees paid by developers of market-rate housing projects under the City’s existing affordable housing ordinances.

D. The City Council hereby finds that there is a legitimate public interest in the provision of affordable housing to address the crises of displacement, homelessness, and lack of housing affordability in the City, and that there is a significant and increasing need for affordable housing in the City to meet the City’s regional share of housing needs under the California Housing Element Law.

E. The City Council further finds that the public interest would best be served if new affordable housing were integrated into new market-rate residential developments to facilitate economically diverse housing, while also providing alternative options to the on-site construction of affordable housing such as the payment of fees to replenish the City’s Housing Trust Fund program and allowing for the construction of affordable housing on land dedicated by market-rate housing developers.

F. The City Council intends that this Ordinance be construed as an amendment to the City’s existing affordability requirements, and that the repeal and re-enactment of any requirement shall not be construed to relieve a party of any outstanding obligation to comply with the requirements applicable to any previously approved Housing Development Project.

23.328.020 Definitions.

A. “Affordable Unit” means a Residential Unit that is in perpetuity affordable to Very Low Income Households or Lower-Income Households, as defined in California Health and Safety Code sections 50052.5 and 50053.

B. “Affordable Housing Compliance Plan” means an enforceable commitment by an Applicant to comply with the requirements of this Chapter that identifies the number and type of Affordable Units, the amount of In-Lieu Fees, and/or the parcels of land (or portions thereof) that will be provided and/or paid by the Applicant to comply with those requirements.

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C. “AMI” means the area median income applicable to the City of Berkeley, as defined by the U.S. Department of Housing and Urban Development, or its successor provision, or as established by the City of Berkeley in the event that such median income figures are no longer published by the U.S. Department of Housing and Urban Development.

D. "Applicant" means any individual, person, firm, partnership, association, joint venture, corporation, entity, combination of entities or authorized representative thereof, who applies to the City for any Housing Development Project.

E. "Housing Development Project" means a development project, including a Mixed- Use Residential project (as defined in 23.502.020(M)(13), involving the new construction of at least one Residential Unit. Projects with one or more buildings or projects including multiple contiguous parcels under common ownership or control shall be considered as a sole Housing Development Project and not as individual projects.

F. “Housing Trust Fund” means the program to finance low and moderate-income housing established by Resolution No. 55,504-N.S., or any successor fund established for the same purpose.

G. "Lower-Income Household" means a household whose income does not exceed the low-income limits applicable to Alameda County, as defined in California Health and Safety Code section 50079.5 and published annually pursuant to Title 25 of the California Code of Regulations, Section 6932 (or its successor provision) by the California Department of Housing and Community Development.

H. “Residential Unit Floor Area” means, for the purpose of this Chapter, the floor area of the Residential Unit(s) of a Housing Development Project.

1. Residential Unit Floor Area shall be measured from the interior of the walls of each unit. The Residential Unit Floor Area shall exclude areas that are not habitable residential square footage such as:
a. Balconies, whether private or open to all residents
b. Storage lockers not located within residential units

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c. Vehicular (e.g., automobile or motorcycle) and bicycle parking areas that are separate areas from the residential unit
d. Other qualifying areas that are not associated with residential units, upon approval of the Zoning Officer.

2. For Residential Units consisting of Group Living Accommodations, Residential Unit Floor Area shall also include common rooms/lounges and supporting facilities such as kitchens and restrooms.

I. “Regulatory Agreement and Declaration of Restrictive Covenants” means, for the purposes of this Chapter, a legally binding agreement recorded against the property to codify the requirements and conditions of a Housing Development Project providing Affordable Units.

J. “Residential Unit” means, for purposes of this Chapter, any Dwelling Unit, any Live/Work Unit, or any bedroom of a Group Living Accommodation (GLA) except a GLA in a University-recognized fraternity, sorority or co-op; provided, however, that for purposes of this Chapter, “Residential Unit” shall not include any Accessory Dwelling Unit or Junior Accessory Dwelling Unit.

K. "Very Low Income Household" means a household whose income is no more than 50% of AMI, as defined in California Health and Safety Code section 50105.

23.328.030 Affordable Housing Requirements.

A. Requirement to Construct Affordable Units

1. Except as otherwise provided in this Chapter, no permit for the construction of any Housing Development Project shall be issued unless at least 20% of the Residential Units are Affordable Units. When the calculation results in a fractional unit, an Applicant will round up to the nearest whole unit. The Affordable Units shall have the same proportion of unit types (i.e., number of bedrooms) and average size as the market rate units (provided, however, that no Affordable Unit may have more than three bedrooms).

2. In lieu of providing Affordable Units pursuant to Paragraph 1, an Applicant

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may propose an alternative mix of unit-types to comply with this Chapter by providing Affordable Units that comprise at least 20% of the Residential Unit Floor Area of the Housing Development Project in order to achieve a mix of Affordable Units including two-bedroom or three-bedroom units. The City Manager or their designee may approve the proposed alternative mix of unit- types that meet the requirements of this section.

3. Affordable Units shall be (a) reasonably dispersed throughout the Housing Development Project; and (b) comparable to other Residential Units in the Housing Development Project in terms of appearance, materials, and finish quality. Residents of Affordable Units shall have access to the same common areas and amenities that are available to residents of other Residential Units in the Housing Development Project.

4. The City Manager or their designee shall adopt rules and regulations (a) establishing the affordable sales price or affordable rent for each Affordable Unit, consistent with the requirements of Health and Safety Code sections 50052.5 and 50053; and (b) ensuring that Affordable Units are sold or rented to Very Low Income and Lower Income Households, consistent with the requirements of this Chapter.

5. Rental Units.
a. At least 50% of the required Affordable Units in the Housing Development Project shall be offered at a rent that is affordable to Very Low Income Households, up to a maximum requirement of 10% of the total units in the Housing Development Project if the project provides more Affordable Units than are otherwise required by this Chapter. b. In determining whether a unit is affordable to Very Low Income or Low Income Households, maximum allowable rent for any affordable unit shall be reduced by an amount equal to the value of the City-published utility allowance provided for Tenant-paid utilities and any other mandatory fee imposed by the property owner as a condition of tenancy.

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c. Any percentage increase in rent of an occupied Affordable Unit shall not exceed the lesser of 65% of the increase in the Consumer Price Index for All Urban Consumers (CPI-U) in the San Francisco-Oakland-San Jose region as reported and published by the U.S. Department of Labor, Bureau of Labor Statistics, for the twelve-month period ending the previous December 31, or 65% of the percentage increase in AMI for the same calendar year. In no event, however, shall the allowable annual adjustment be less than zero (0%) or greater than seven percent (7%). d. Affordable Units designated for Very Low Income Households shall be offered for rent to tenants receiving assistance under the Section 8 Program (42 U.S.C. Section 1437f), the Shelter Plus Care Program (42 U.S.C. Section 11403 et. seq.), or any similar state or federally funded rent subsidy program prior to being offered to other potential tenants. The Council may establish related program requirements by resolution. e. The owner of any Affordable Unit offered for rent must report to the City annually the occupancy and rents charged for each Affordable Unit, and any other information required pursuant to rules and regulations adopted by the City Manager or their designee.

6. Ownership Units. Inclusionary units in ownership projects shall be sold at a price that is affordable to an appropriate-sized household whose income is no more than 80 percent of the AMI.

7. All Affordable Units shall be subject to a recorded affordability restriction requiring in perpetuity that each Affordable Unit be sold at an affordable sales price or offered for rent at an affordable rent, as defined in this Chapter.

8. Affordable Live/Work Units shall be proactively marketed by the Applicant and/or owner to income-eligible persons performing a work activity permitted in the district where the project is located whose type of work causes them to have a requirement for a space larger in size than typically found in residential units.

9. An Affordable Unit that is constructed to qualify for a density bonus under

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Government Code section 65915 that otherwise meets the requirements of this Chapter shall qualify as an Affordable Unit under this Chapter.

B. Option to Pay In-Lieu Fee

1. In lieu of providing some or all of the Affordable Units required under this Chapter (including any fractional units), an Applicant may elect to pay a fee, the amount of which the City Council may establish by resolution (“In-Lieu Fee”). The City Council may by resolution differentiate among types, classes, and locations of Housing Development Projects to the extent permitted by law; may establish separate fees and criteria for the provision of units that are affordable to Very Low Income Households and units that are affordable to Low Income Households; and may establish the method for calculation of the In-Lieu Fee.

2. In-Lieu Fees shall be applied to the Residential Unit Floor Area of a Housing Development Project. For Live/Work units, the In-Lieu Fee shall be applied to the Residential Unit Floor Area that is designated as non-workspace in the zoning permit approvals consistent with BMC section 23.312.040.

3. In-Lieu Fees shall be estimated as part of the preliminary Affordable Housing Compliance Plan and finalized at the time of building permit issuance, consistent with the final Affordable Housing Compliance Plan.

4. In-Lieu Fees shall be paid prior to the issuance of the first Certificate of Occupancy, or if no Certificate of Occupancy is required, prior to the initial occupancy of the Housing Development Project.

5. Up to 15% of In-Lieu Fees collected may be used to pay for administration of the In-Lieu Fee or the Housing Trust Fund program. At least 85% of In-Lieu Fees collected shall be deposited into the City’s Housing Trust Fund program.

C. Option to Dedicate Land

1. At the discretion of the City Manager or their designee, the requirements of this Chapter may be satisfied by the dedication of land in lieu

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of constructing Affordable Units within the Housing Development Project if the City Manager or their designee determines that all of the following criteria have been met:
a. Marketable title to the site is transferred to the City, or an affordable housing developer approved by the City, prior to issuance of building permit of the Housing Development Project pursuant to an agreement between the Applicant and the City.
b. The site has a General Plan designation that authorizes residential uses and is zoned for residential development at a density to accommodate at least the number of Affordable Units that would otherwise be required under Paragraph A.
c. The site is suitable for development of the Affordable Units, taking into consideration its configuration, physical characteristics, location, access, adjacent uses, and applicable development standards and other relevant planning and development criteria including, but not limited to, factors such as the cost of construction or development arising from the nature, condition, or location of the site.
d. Infrastructure to serve the dedicated site, including, but not limited to, streets and public utilities, are available at the property line and have adequate capacity to serve the maximum allowable residential density permitted under zoning regulations.
e. The site has been evaluated for the presence of hazardous materials and for the presence of geological hazards and all such hazards are or will be mitigated to the satisfaction of the City prior to acceptance of the site by the City.
f. The value of the site upon the date of dedication is equal to or greater than the in-lieu fee that would otherwise be required under Paragraph A. The value of the site shall be determined pursuant to the program guidelines approved by the City Manager or their

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designee.

2. The City shall solicit proposals from affordable housing developers to construct restricted income units on the site dedicated to the City, but if the City is unable to obtain a qualified affordable housing developer to construct a viable affordable housing development on the property within two years of its solicitation or to commence construction within five years, the City may sell, transfer, lease, or otherwise dispose of the dedicated site for any purpose. Any funds collected as the result of a sale, transfer, lease, or other disposition of sites dedicated to the City shall be deposited into a fund designated for use in the City’s Housing Trust Fund program.

23.328.040 Waiver or Modification of Affordable Housing Requirements.

A. The City Manager or their designee may waive or modify up to fifty percent of the requirements of this Chapter at their sole discretion where any of the following conditions are established:

1. A project providing low- or moderate-income housing is funded in whole or in part by the City’s Housing Trust Fund program;

2. The implementation of the requirements of this Chapter would violate the rights of any person under the California or United States Constitutions, any federal law, or any state law governing a matter of statewide concern and applicable to a charter city; or

3. The benefits of the project to the City outweigh the detriment of foregoing the provision of Affordable Housing or the contribution of In-Lieu fees to the Housing Trust Fund program. In weighing the benefits and detriment to the City, the following factors may be considered:
a. The impact of the requirements of this Chapter on the feasibility of a Housing Development Project;
b. Other economically beneficial uses of the Applicant’s property;

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c. The burdens the Housing Development Project places on the City in terms of increased demand for affordable housing, childcare, public facilities or amenities, or other impacts which reasonably may be anticipated to be generated by or attributable to the Housing Development Project; and
d. The impact on the Housing Trust Fund program of foregoing the payment of any In-Lieu fee that would otherwise be made.

B. Waivers or modifications greater than fifty percent of the amount which otherwise would be required by this Chapter shall be subject to the approval of City Council.

C. The Applicant shall bear the burden of proof to establish eligibility for a waiver or modification of the requirements of this Chapter.

23.328.050 Implementation.

A. The Applicant for any Use Permit or Zoning Certificate for a Housing Development Project shall submit a preliminary Affordable Housing Compliance Plan to the Zoning Officer at the time of application. The preliminary Affordable Housing Compliance Plan shall be incorporated as a condition of approval of any Use Permit or Zoning Certificate issued to the Applicant. No building permit may be issued for the project until the final Affordable Housing Compliance Plan is approved.

B. The Applicant must execute a Regulatory Agreement and Declaration of Restrictive Covenants to regulate all Affordable Units provided in a Housing Development Project. No building permit may be issued for the project until the Regulatory Agreement and Declaration of Restrictive Covenants are executed.

C. The Affordable Housing Compliance Plan and/or Regulatory Agreement and Declaration of Restrictive Covenants may be amended administratively, provided that the Zoning Officer finds them to be in full compliance with the provisions of this ordinance and State law, prior to issuance of Certificate of Occupancy.

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D. The City Manager or their designee may promulgate additional rules and regulations consistent with the requirements of this Chapter.

E. The City Council may by resolution establish fees for the implementation and administration of this Chapter and may establish administrative penalties for violations of this Chapter.

F. Exemptions. The following types of Housing Development Projects and Residential Units are exempt from this Chapter:

1. A Housing Development Project for which either a building permit was issued on or before April 1, 2023 or a preliminary application including all of the information required by subdivision (a) of California Government Code section 65941.1 was submitted on or before April 1, 2023 shall be subject to this Chapter’s requirements that were in place as of the preliminary application’s submittal date but shall otherwise be exempt from this Chapter. This exemption shall expire upon the occurrence of any of the circumstances defined in paragraphs (2), (6), or (7) of subdivision (o) of California Government Code section 65589.5 or in subdivision (d) of California Government Code section 65941.

2. A Housing Development Project with fewer than five Residential Units, unless it is part of a larger Housing Development Project. This exemption shall expire on April 1, 2025.

3. A Residential Unit that replaces a unit existing as of April 1, 2023 that has been destroyed by fire, earthquake or other disaster, or that was previously subject to a mitigation fee or inclusionary housing requirement.

4. A Residential Unit existing as of April 1, 2023 that is expanded, renovated, or rehabilitated.

Section 3. The Berkeley Municipal Code Section 23.330.070 is hereby amended to read as follows:

23.330.070 Qualifying Units.

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Qualifying units must meet the standards set forth in Chapter 23.328 (Affordable Housing Requirements).

Section 4. Copies of this Ordinance shall be posted for two days prior to adoption in the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way. Within 15 days of adoption, copies of this Ordinance shall be filed at each branch of the Berkeley Public Library and the title shall be published in a newspaper of general circulation.

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RESOLUTION NO. ________

ADOPTING REGULATIONS FOR VOUCHER PROGRAM AND ESTABLISHING AN IN-

LIEU FEE TO SUPPORT THE PROVISION OF AFFORDABLE HOUSING PURSUANT TO BERKELEY MUNICIPAL CODE CHAPTER 23.328 AND RESCINDING RESOLUTION 70,668-N.S N.S.

WHEREAS, Berkeley Municipal Code (“BMC”) Chapter 23.328 establishes a requirement that 20% of Residential Units (as defined) in market-rate developments be offered for rent or sale at affordable rents or prices, as defined (“Affordable Units”); and WHEREAS, BMC Chapter 23.328 authorizes the City Council to establish by resolution preferences for renting Affordable Units offered for rent to tenants receiving assistance under the Section 8 Program (42 U.S.C. Section 1437f), the Shelter Plus Care Program (42 U.S.C. Section 11403 et. seq.), or similar state or federally funded rent subsidy programs; and
WHEREAS, BMC Chapter 23.328 authorizes developers of market-rate housing to pay a fee in lieu of complying with the requirement to provide on-site affordable housing (“In- Lieu Fee”); and
WHEREAS, BMC Chapter 23.328 authorizes the City Council to establish the In-Lieu Fee by resolution, and further authorizes the Council to differentiate among types, classes, and locations of Housing Development Projects to the extent permitted by law; to establish separate fees and criteria for the provision of units that are affordable to Very Low Income Households and units that are affordable to Low Income Households; and to establish the method for calculating the In-Lieu Fee; and WHEREAS, the City retained Street Level Advisors to provide analysis and recommendations for updating the City’s affordable housing requirements, the scope of which included a financial feasibility study of the City’s affordable housing mitigation fees; and
WHEREAS, Street Level Advisors prepared a Financial Feasibility Analysis dated April 27, 2021, which determined that an In-Lieu Fee of $45 per square foot of the residential Gross Floor Area (as defined in BMC Section 23.106.030) would be financially feasible; and
WHEREAS, Street Level Advisors recommended certain modifications to the fee that would not adversely impact the financial feasibility of housing development projects, such as charging a lower / tiered fee for smaller projects; and WHEREAS Street Level advisors identified an equivalent rate if the In-Lieu fee were to be calculated based on an assumed 80/20 ratio of gross and net square feet of

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Berkeley City CouncilFebruary 14, 2023

Berkeley City Council
February 14, 2023