Agenda packet, first session — Berkeley City Council, February 28, 2023 (part 1 of 3)

Tuesday, February 28, 2023 AGENDA Page 1

AG E N D A

BERKELEY CITY COUNCIL MEETING
Tuesday, February 28, 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/1610465939. 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: 161 046 5939. 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 28, 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.

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 w ill 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 ha s 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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Consent Calendar
Tuesday, February 28, 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. Citywide Affordable Housing Requirements
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,853-N.S. 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.

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

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

2. Minutes for Approval
From: City Manager
Recommendation: Approve the minutes for the Council meetings of January 10 (special), January 17 (regular), January 18 (special), January 30 (closed) and January 31 (special and regular).

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

3. Donation to the Animal Shelter from the Stephen and Mary Birch Foundation From: City Manager
Recommendation: Adopt a Resolution accepting a donation from the estate of Stephen and Mary Birch in the sum of $5,000.

Financial Implications: Donation - $5,000
Contact: Peter Radu, City Manager's Office, (510) 981-7000

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Consent Calendar
Tuesday, February 28, 2023 AGENDA Page 4

4. Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on February 28, 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 - $2,220,000
Contact: Henry Oyekanmi, Finance, (510) 981-7300

5. Contract: Street Level Advisors and Strategic Economics for Housing Preference Policy Fair Housing Analysis Consultant
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Street Level Advisors (Contractor), with Strategic Economics as a subcontractor, to provide Fair Housing Analysis services for a Housing Preference Policy for the Department of Health, Housing and Community Services (HHCS) from April 1, 2023 to April 1, 2024 in an amount not to exceed $60,055.

Financial Implications: General Fund - $60,055
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400

6. Increase Wage Ranges of Seasonal Camp Staff Classifications From: City Manager
Recommendation: Adopt a Resolution approving wage increases for certain Unrepresented Camp Classification rates in Unit X1, effective March 1, 2023, and amending Resolution No. 69,998-N.S.

Financial Implications: See report
Contact: Aram Kouyoumdjian, Human Resources, (510) 981-6800

7. Final Map of Tract 8573: 2628 Shattuck Avenue
From: City Manager
Recommendation: Adopt a Resolution approving the final map of Tract Map 8573 for an 81-unit condominium project consisting of 78 residential units and 3 commercial units at 2628 Shattuck Avenue.

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

8. Final Map of Tract 8626: 2023-2025 Kala Bagai Way
From: City Manager
Recommendation: Adopt a Resolution approving the final map of Tract Map 8626 for a 49-unit condominium project consisting of 48 residential units and one commercial unit at 2023-2025 Kala Bagai Way.

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

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Consent Calendar
Tuesday, February 28, 2023 AGENDA Page 5

9. Final Map of Tract 8490: 739 Channing Way
From: City Manager
Recommendation: Adopt a Resolution approving the final map of Tract Map 8490 for a 15-unit condominium project consisting of 10 residential units, 4 live/work units, and one commercial unit and to merge 2 existing parcels at 739 Channing Way.

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

10. Bauman Lease Termination and Settlement of Balance Due From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a lease termination agreement with Bauman Wellness (“Bauman”) for its tenancy at 1007 University Ave., including a bill of sale transferring all of Bauman’s assets remaining in the leased premises to City ownership, and a mutual waiver of claims.

Financial Implications: See report
Contact: Liam Garland, Public Works, (510) 981-6300, Farimah Brown, City Attorney, (510) 981-6950

Council Consent Items

11. Support for AB-309: Social Housing
From: Councilmember Taplin (Author), Councilmember Hahn (Co-Sponsor) Recommendation: Send a letter in support of Assembly Bill 309 to the state legislature.

Financial Implications: Staff time
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120

12. Resolution Condemning a Pattern of Attacks Targeting Black Political and Community Leaders
From: Councilmember Taplin (Author), Councilmember Bartlett (Co-Sponsor), Councilmember Kesarwani (Co-Sponsor), Mayor Arreguin (Co-Sponsor) Recommendation: Adopt a Resolution Condemning a Pattern of Attacks Targeting Black Political and Community Leaders
Financial Implications: None
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120

13. Resolution in Support of HR 8040: the People Over the Pentagon Act From: Councilmember Harrison (Author)
Recommendation: Adopt resolution and send letters of support for reintroduction and passage of HR 8040: the People Over the Pentagon Act to California’s congressional delegation accompanied by provisions for a just transition for workers in militarized industries. HR 8040 calls for reducing the bloated military budget by $100 billion.

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

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Council Consent Items
Tuesday, February 28, 2023 AGENDA Page 6

14. Referral: Creation of an Intersection Daylighting Policy From: Councilmember Robinson (Author), Councilmember Humbert (Co- Sponsor), Councilmember Hahn (Co-Sponsor), Councilmember Harrison (Co- Sponsor)
Recommendation: Refer to the City Manager to develop a comprehensive intersection daylighting policy and make recommendations about the implementation of a citywide intersection daylighting program. Staff should consider criteria for identifying priority areas for daylighting such as high-injury streets, streets and intersections with especially high pedestrian traffic, commercial districts, and streets near schools and colleges. Staff should seek input and feedback on the development of such a policy and program from the Transportation & Infrastructure Commission, and other relevant commissions.

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.

Action Calendar – Public Hearings
Staff shall introduce the public hearing item and present their comments. This is followed by five-minute presentations each by the appellant and applicant. The Presiding Officer will request that persons wishing to speak line up at the podium, or use the "raise hand" function in Zoom, to be recognized and to determine the number of persons interested in speaking at that time.

Up to ten (10) speakers may speak for two minutes. If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker.

Speakers are permitted to yield their time to one other speaker, however no one speaker shall have more than four minutes. The Presiding Officer may with the consent of persons representing both sides of an issue allocate a block of time to each side to present their issue.

Each member of the City Council shall verbally disclose all ex parte contacts concerning the subject of the hearing. Councilmembers shall also submit a report of such contacts in writing prior to the commencement of the hearing. Written reports shall be available for public review in the office of the City Clerk.

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Action Calendar – Public Hearings
Tuesday, February 28, 2023 AGENDA Page 7

15. ZAB Appeal: 1262 Francisco Street, Administrative Use Permit #ZP2021-0006 From: City Manager
Recommendation: Conduct a public hearing and, upon conclusion, adopt a Resolution affirming the decision of the Zoning Adjustments Board to approve Administrative Use Permit ZP#2021-0006, to modify Administrative Use Permit ZP#2020-0122, to add 40 square feet on the first floor and a balcony on the second floor of an existing single-family dwelling unit.

Financial Implications: None
Contact: Jordan Klein, Planning and Development, (510) 981-7400

Action Calendar – New Business

16. The City of Berkeley Employer of Choice Initiative
From: City Manager
Recommendation: Adopt a resolution to support and endorse the City Manager’s workplan to implement the City of Berkeley’s Employer of Choice initiative. The workplan provides actionable recommendations by Municipal Resource Group (MRG), an independent consultant firm specializing in providing cities, counties, and government agencies with professional strategic services.

Consistent with MRG’s 90-day Action Plan recommendations, the City Manager is currently requesting authorization to 1) hire two Associate HR Analysts and one Assistant HR Analyst, 2) contract with a branding and marketing agency in an amount not to exceed $250,000 to help attract, outreach and recruit talent for the City workforce in support of the Human Resources Department; and 3) enhance communications and social media content planning and strategy including support for department communications in a combined amount not to exceed $200,000.

Financial Implications: See report
Contact: Dee Williams-Ridley, City Manager, (510) 981-7000

17. Resolution Terminating the Proclamation of Local Emergency Issued Due to the Spread of a Severe Acute Respiratory Illness Caused by a Novel (New) Coronavirus (COVID-19); and Discussion and Possible Action on the City’s Eviction Moratorium
From: City Manager
Recommendation: Adopt a Resolution terminating the proclamation of local emergency issued due to the spread of a severe acute respiratory illness caused by a novel (new) coronavirus (COVID-19); and discuss and take possible action regarding the City’s eviction moratorium.

Financial Implications: See report
Contact: Dee Williams-Ridley, City Manager, (510) 981-7000

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Action Calendar – New Business
Tuesday, February 28, 2023 AGENDA Page 8
18a. Adding a Youth Member to the Environment and Climate Commission (Reviewed by the Agenda & Rules Committee)
From: Youth Commission
Recommendation: That Council adds a seat on the Environment and Climate Commission for a person under 18 years of age; and that Student Director on the Berkeley Unified School Board nominates the new youth commissioner and that the full board confirms the appointment.

Policy Committee Recommendation: To send the items from the Youth Commission, Environment and Climate Commission, and Councilmember Harrison to the City Council with a qualified positive recommendation that the item proposed by Councilmember Harrison be adopted as revised to state that the full City Council will appoint the members to the two youth seats on the Environment and Climate Commission, and that the Berkeley Unified School District Board of Directors will provide recommendations to the City Council on candidates for the youth seats.

Financial Implications: None
Contact: Ginsi Bryant, Commission Secretary, (510) 981-6700

18b. Support for Youth Appointee to Environment and Climate Commission (Reviewed by the Agenda & Rules Committee)
From: Environment and Climate Commission
Recommendation: Refer to the City Manager to evaluate the feasibility of, and subsequently prepare draft legal language to enable, a tenth voting Environment & Climate Commission (ECC) member, representing youth, nominated by a suitable body or individual and confirmed by a suitable board of elected officials. If feasible, the ECC recommends that a youth representative be nominated by the BUSD Student Director and confirmed by the full BUSD Board of Directors, in alignment with the recommendation passed by the Youth Commission.

Financial Implications: See report
Contact: Billi Romain, Commission Secretary, (510) 981-7400

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Action Calendar – New Business
Tuesday, February 28, 2023 AGENDA Page 9
18c. Adopt an Ordinance Amending Berkeley Municipal Code Chapter 3.82 Modifying Membership and Appointment Procedures for the Environment and Climate Commission (Reviewed by the Agenda & Rules Committee) From: Councilmember Harrison (Author)
Recommendation: Adopt an Ordinance Amending Berkeley Municipal Code Chapter 3.82 Modifying Membership and Appointment Procedures for the Environment and Climate Commission.

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

Council Action Items

19. Reforms to Public Comment Procedures at meetings of the Berkeley City Council (Reviewed by the Agenda & Rules Committee)
From: Councilmember Droste (Author)
Recommendation: Adopt a Resolution revising the City Council Rules of Procedure and Order: Section IV. Conduct of the Meeting and Appendix C Temporary Rules for The Conduct of City Council Meetings Through Video Conference During The Covid- 19 Emergency to: 1. Consolidate non-agenda public comment, public comment on the Consent Calendar, and public comment on Action Items into a single public comment period toward the start of the Council meeting (consistent with the Berkeley Unified School District’s public comment procedure), and continue to provide for additional time for public comment at the end of meetings; 2. Adopt reasonable limits on the overall number of public speakers (consistent with rulings from the Second District Court of Appeal) with a mechanism for the City Council to extend public comment; and 3. Rescind Resolution No. 70,091– N.S.

Policy Committee Recommendation: To send the item to the City Council with a negative recommendation that no action be taken on the item.

Financial Implications: See report
Contact: Lori Droste, Councilmember, District 8, (510) 981-7180 Information Reports

20. FY 2023 First Quarter Investment Report: Ended September 30, 2022 From: City Manager
Contact: Henry Oyekanmi, Finance, (510) 981-7300

Public Comment – Items Not Listed on the Agenda

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Tuesday, February 28, 2023 AGENDA Page 10
Adjournment
NOTICE CONCERNING YOUR LEGAL RIGHTS : If you object to a decision by the City Council to approve or deny a use permit or variance for a project the following requirements and restrictions apply:
1) No lawsuit challenging a City decision to deny (Code Civ. Proc. §1094.6(b)) or approve (Gov. Code 65009(c)(5)) a use permit or variance may be filed more than 90 days after the date the Notice of Decision of the action of the City Council is mailed. Any lawsuit not filed within that 90 -day period will be barred. 2) In any lawsuit that may be filed against a City Council decision to approve or deny a use permit or variance, the issues and eviden ce 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.

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.

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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 16, 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.

Item # 18c: Adopt an Ordinance Amending Berkeley Municipal Code Chapter 3.82 Modifying Membership and Appointment Procedures for the Environment and Climate Commission

1. John Malamut

Crime in Berkeley

2. Kathy Krebs

3. Peter Rinzler

4. Melanie Lawrence

5. Barbara Gilbert

Housing Element

6. Sandra Smith

7. Diana Bohn

Drugs and Encampment at Civic Center Park

8. Anna Weinstein

Bike Lane at Dwight and Bonar

9. Laurel Hunter

10. Farid Javandel, Deputy Director of Public Works

Tenant-Centered Legislative Process

11. The Berkeley Tenants Union Steering Committee

IKE Kiosks

12. Vivian Warkentin

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Tuesday, February 28, 2023 AGENDA Page 12
Proclamation for the Kiwanis Club

13. Jeffrey Egeberg, Secretary, Kiwanis Club of Berkeley

Berkeley Police Department Matters

14. Berkeley Progressive Alliance (2)

15. Berkeley Police Association

16. Diana Bohn

UA Theater on Shattuck

17. Dale Sophiea

Asphalt Plant in Berkeley

18. Meryl Siegal (2)

19. Pear Michaels

Black History Month

20. Moni Law

Support Daylight at Strawberry Creek

21. Jennifer Ware

22. Janet Byron

23. Stacie Degeneffe

24. Stefen

25. Diana Bohn

26. Kathleen Giustino

27. Miranda Ewell

City Jobs

28. Walter Wood

Earthquakes

29. Fred Dodsworth

Housing for Displaced Individuals/Families + Homelessness

30. Charisse

31. Mary Behm Steinberg

32. Carol Corradi

Hillside Fire Safety Group is no FireSafe Berkeley

33. Henry DeNero

Hopkins Corridor

34. Elizabeth Horowitz

35. Carol Hirth

36. Peggy Mendelson

37. Sandy Emerson

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Tuesday, February 28, 2023 AGENDA Page 13

38. Helen Toy

39. Diane Mintz

40. Susan McAllister

41. Mary Lee Noonan

42. Lina Lamirande

43. Sandy Steinman

44. Celia Ronis

45. Laura Fujiii

46. Rebecca Mirvish

47. Anne Lai

48. Diane Mintz

49. Terry Nicol

Berkeley BART Development

50. Peggy Mendelson

51. Jack Kurzeil (3)

52. Kelly Hammargren

53. Maris Arnold

54. Diana Bohn

55. Margaret Pritt

Berkeley’s Horrendous Street Conditions

56. Joan Finnie

Continued Toll-Free Access to City Meetings

57. Elizabeth Starr

Heavy Equipment Around San Pablo and Dwight

58. Martha Stassinos

Japanese Day of Remembrance

59. Grace Morizawa

Tibetan National Uprising Day Proclamation

60. Jinpa Tharchin, on behalf of the Tibetan Association of Northern California

City of Berkeley Holidays

61. Murthy Sama
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.

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Tuesday, February 28, 2023 AGENDA Page 14
• 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 9
ORDINANCE NO. 7,853-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 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

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Ordinance No. 7,854-N.S. Page 2 of 9
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.

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.

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Ordinance No. 7,854-N.S. Page 3 of 9
H. “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.

I. “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.

J. “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 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.

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 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.

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Ordinance No. 7,854-N.S. Page 4 of 9

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.
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

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Ordinance No. 7,854-N.S. Page 5 of 9
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 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 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

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Ordinance No. 7,854-N.S. Page 6 of 9
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 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:

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Ordinance No. 7,854-N.S. Page 7 of 9
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; 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.

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.

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Ordinance No. 7,854-N.S. Page 8 of 9
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 5,000 square feet or less of Residential Unit Floor Area, unless it is part of a larger Housing Development Project.

This exemption shall expire on April 1, 2025, or at such time as the City Council modifies or repeals this exemption, whichever date is sooner.

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.

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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Ordinance No. 7,854-N.S. Page 9 of 9
At a regular meeting of the Council of the City of Berkeley held on February 14, 2023, this Ordinance was passed to print and ordered published by posting by the following vote:

Ayes: Hahn, Humbert, Kesarwani, Robinson, Taplin, Wengraf, and Arreguin.

Noes: Harrison.

Abstain: Bartlett.

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 28, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Mark Numainville, City Clerk
Subject: Minutes for Approval

RECOMMENDATION
Approve the minutes for the Council meetings of January 10 (special), January 17 (regular), January 18 (special), January 30 (closed) and January 31 (special and regular).

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

1. January 10, 2023 - Special Council Meeting

2. January 17, 2023 - Regular Council Meeting

3. January 18, 2023 - Special Council Meeting

4. January 30, 2023 - Special Closed Council Meeting

5. January 31, 2023 - Special Council Meeting

6. January 31, 2023 - Regular Council Meeting

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Tuesday, January 10, 2023 MINUTES Page 1

M I N U T E S

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

B E R K E L E Y C I T Y C O U N C I L
Tuesday, January 10, 2023
10:00 AM

JESSE ARREGUIN, MAYOR
Councilmembers:

VIDEOCONFERENCE AND TELECONFERENCE
Pursuant to Government Code Section 54953(e) and the state declared emergency, this meeting of the City Council will be conducted exclusively through teleconference and Zoom videoconference. The COVID-19 state of emergency continues to directly impact the ability of the members to meet safely in person and presents imminent risks to the health of attendees. Therefore, no physical meeting location will be available.

Live 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 URL https://cityofberkeley-info.zoomgov.com/j/1619573075. 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: 161 957 3075. If you wish to comment during the public comment portion of the agenda, Press *9 and wait to be recognized by the Chair.

Please be mindful that the teleconference will be recorded as any Council meeting is recorded, and all other rules of procedure and decorum will apply for Council meetings conducted by teleconference or videoconference.

To submit a written communication for the City Council’s consideration and inclusion in the public 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 matter may be addressed to Mark Numainville, City Clerk, (510) 981-6900. The City Council may take action related to any subject listed on the Agenda. Meetings will adjourn at 11:00 p.m. - any items outstanding at that time will be carried over to a date/time to be specified.

Attachment 1

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Tuesday, January 10, 2023 MINUTES Page 2
Preliminary Matters
Roll Call: 10:02 a.m.

Present: Bartlett, Harrison, Wengraf, Robinson, Humbert, Arreguin

Absent: Kesarwani, Taplin, Hahn
Consent Calendar
Public Comment on Consent Calendar and Information Items Only: None.

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

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

Consent Calendar

1. Resolution Making Required Findings Pursuant to the Government Code and Directing City Legislative Bodies to Continue to Meet Via Videoconference and Teleconference
From: City Manager
Recommendation: Adopt a Resolution making the required findings pursuant to Government Code Section 54953(e)(3) and determining that as a result of the continued threat to public health and safety posed by the spread of COVID-19, City legislative bodies shall continue to meet via videoconference and teleconference, initially ratified by the City Council on September 28, 2021, and subsequently reviewed and ratified on October 26, 2021, November 16, 2021, December 14, 2021, January 10, 2022, February 8, 2022, March 8, 2022, March 22, 2022, April 12, 2022, May 10, 2022, May 31, 2022, June 28, 2022, July 26, 2022, August 23, 2022, September 20, 2022, October 11, 2022, November 3, 2022, November 29, 2022, and December 13, 2022.

Financial Implications: To be determined
Contact: Farimah Brown, City Attorney, (510) 981-6950
Action: Adopted Resolution No. 70,655–N.S.

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

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

Adjourned at 10:05 a.m.

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Tuesday, January 10, 2023 MINUTES Page 3
I hereby certify that the foregoing is a true and correct record of the special session meeting held on January 10, 2023.
___________________________
Rose Thomsen, Deputy City Clerk
Communications
 None
Supplemental Communications and Reports 1
 None
Supplemental Communications and Reports 2
 None
Supplemental Communications and Reports 3
 None

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Tuesday, January 17, 2023 MINUTES Page 1

MINUTES

BERKELEY CITY COUNCIL MEETING
Tuesday, January 17, 2023
6:00 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702

JESSE ARREGUIN, MAYOR
Councilmembers:

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 URL https://cityofberkeley-info.zoomgov.com/j/1610052107. 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: 161 005 2107. If you wish to comment during the public comment portion of the agenda, Press *9 and wait to be recognized by the Chair.

Please be mindful that the meeting will be recorded 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 matter may be addressed to Mark Numainville, City Clerk, (510) 981-6900. The City Council may take action related to any subject listed on the Agenda. Meetings will adjourn at 11:00 p.m. - any items outstanding at that time will be carried over to a date/time to be specified.

Attachment 2

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Tuesday, January 17, 2023 MINUTES Page 2
Preliminary Matters
Roll Call: 6:07 p.m.

Present: Kesarwani, Taplin, Harrison, Hahn, Wengraf, Robinson, Humbert, Arreguin

Absent: Bartlett
Councilmember Bartlett present at 6:12 p.m.

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

Ceremonial Matters: None.

City Manager Comments: None.

Public Comment on Non-Agenda Matters: 6 speakers.

Consent Calendar
Public Comment on Consent Calendar and Information Items Only: 5 speakers.

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

Vote: All Ayes.

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Consent Calendar
Tuesday, January 17, 2023 MINUTES Page 3

1. Zoning Ordinance Amendments Making Technical Edits and Corrections to Berkeley Municipal Code (BMC) Title 23
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,850-N.S. containing technical edits, corrections and other non-substantive amendments to the following sections of the Zoning Ordinance:
- BMC Section 23.108.020 (Zoning Districts)
- BMC Section 23.202.020 (Allowed Land Uses)
- BMC Section 23.202.140 (R-SMU District)
- BMC Section 23.204.150 (R-BMU District)
- BMC Section 23.204.020 (Allowed Land Uses)
- BMC Section 23.204.060 (C-U District)
- BMC Section 23.204.080 (C-E District)
- BMC Section 23.204.100 (C-SA District)
- BMC Section 23.206.040 (Use-Specific Regulations)
- BMC Section 23.406.050 (Variances)
- BMC Section 23.502.020 (Glossary)
First Reading Vote: All Ayes.

Financial Implications: None
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: Adopted second reading of Ordinance No. 7,850–N.S.

2. Amendment: FY 2023 Annual Appropriations Ordinance
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,851-N.S. amending the FY 2023 Annual Appropriations Ordinance No. 7,828-N.S. for fiscal year 2023 based upon recommended re-appropriation of committed FY 2022 funding and other adjustments authorized since July 1, 2022, in the amount of $178,289,951 (gross) and $172,028,412 (net).

First Reading Vote: All Ayes.

Financial Implications: See Report.

Contact: Sharon Friedrichsen, Budget Manager, (510) 981-7000 Action: Adopted second reading of Ordinance No. 7,851–N.S.

3. Minutes for Approval
From: City Manager
Recommendation: Approve the minutes for the Council meetings of November 3 (regular), November 14 (closed), November 15 (special and regular), November 21 (special), November 28 (closed), November 29 (regular), December 6 (regular), December 12 (closed), and December 13, 2022 (special and regular) Financial Implications: None
Contact: Mark Numainville, Commission Secretary, (510) 981-6900 Action: Approved the minutes as submitted.

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Consent Calendar
Tuesday, January 17, 2023 MINUTES Page 4

4. Approval of donated sculpture gift, Queen Shamiram by Fred Parhad, valued at $225,000, for inclusion in the City of Berkeley’s Public Art Collection From: City Manager
Recommendation: Adopt a Resolution approving the gift of a sculpture by artist Fred Parhad titled Queen Shamiram, valued at $225,000, donated by Narsai and Venus David to the City of Berkeley’s Public Art Collection. The artwork will be installed for permanent display along the pedestrian path at the southeast corner of Maudelle Shirek Building at Martin Luther King Jr. Way and Allston Way as approved by the Civic Arts Commission.

Financial Implications: See report
Contact: Eleanor Hollander, Economic Development, (510) 981-7530 Action: Adopted Resolution No. 70,656–N.S.

5. Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on January 17, 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: $3,506,000
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Approved recommendation.

6. Contract No. 32000146 Amendment: Aramark for Uniforms and Laundering From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32000146 with Aramark Uniform Services to continue to meet the uniform-related needs of City departments, extending the term through FY 2025 and increasing the contract amount by $550,000 for a total not-to-exceed amount of $1,017,000.

Financial Implications: $1,017,000
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Adopted Resolution No. 70,657–N.S.

7. Contract No. 32300064 Amendment: Tiana Sanchez International, LLC for HHCS Equity Consultant
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 32300064 with Tiana Sanchez International, LLC to add $21,078 and extend the term of the Health, Housing, and Community Services (HHCS) Equity Consultant contract to January 31, 2024 with a not to exceed amount of $141,078.

Financial Implications: One-Time Grant Fund - $21,078
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 70,658–N.S.

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Consent Calendar
Tuesday, January 17, 2023 MINUTES Page 5

8. Revenue Grant Agreement: Funding Support from the State of California:

California Home Visiting Program
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to submit a grant agreement to the State of California, to accept the grants, and execute any resultant revenue agreements and amendments to conduct public health promotion, protection, and prevention services for the California Home Visiting Program in the projected total amount of $2,473,611 for July 1, 2022 to June 30, 2028.

Financial Implications: See report.

Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 70,659–N.S.

9. ***Item Removed from the Agenda by the City Manager*** Contract No. 32000226 Amendment: MidAmerica Administrative & Retirement Solutions, Third Party Administrator for SRIP I Disability, Police Employees Retiree Income Plan, and Health Reimbursement Accounts for Retiree Health Premium Assistance Plan Reimbursements
From: City Manager
Contact: Aram Kouyoumdjian, Human Resources, (510) 981-6800

10. Establish Classification and Salary – Medical Director From: City Manager
Recommendation: Adopt a Resolution to establish the represented classification of Medical Director with a monthly salary range of $15,671.76 – $17,802.72.

Financial Implications: See report
Contact: Aram Kouyoumdjian, Human Resources, (510) 981-6800 Action: Adopted Resolution No. 70,660–N.S.

11. Contract: Presidio for Micro-Segmentation
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to award a contract to Presidio for implementing micro-segmentation for a total not to exceed amount of $822,512, from January 18, 2023 to June 30, 2028.

Financial Implications: See report
Contact: Kevin Fong, Information Technology, (510) 981-6500 Action: Adopted Resolution No. 70,661–N.S.

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Consent Calendar
Tuesday, January 17, 2023 MINUTES Page 6

12. Lease Agreement: Bay Area Hispano Institute for Advancement (BAHIA) at building 1718 8th Street, at James Kenney Park
From: City Manager
Recommendation: Adopt first reading of an Ordinance authorizing the City Manager to execute a lease agreement with Bay Area Hispano Institute for Advancement (BAHIA) to use the building at 1718 8th Street, adjacent to James Kenney Community Center, in James Kenney Park for a 15-year lease term anticipated to begin March 1, 2023 and ending February 1, 2038, with one 5-year option to renew.

Financial Implications: See report.

Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted first reading of Ordinance No. 7,852–N.S. Second reading scheduled for January 31, 2023.

Council Consent Items

13. Support for SB 4: Affordable Housing on Faith Lands Act From: Mayor Arreguin (Author)
Recommendation: Adopt a Resolution in support of Senate Bill 4 with amendments, the Affordable Housing on Faith Lands Act, introduced by Senator Scott Weiner.

Send a copy of the Resolution to Governor Gavin Newsom, State Senators Nancy Skinner and Scott Weiner, and Assemblymember Buffy Wicks.

Financial Implications: See report
Contact: Jesse Arreguin, Mayor, (510) 981-7100
Action: Adopted Resolution No. 70,662–N.S. revised as follows to add a whereas clause, and to amend the language of the first resolved clause:

WHEREAS, many religious institutions are housed in buildings that are, or are worthy of being, designated as historic resources, and these historic structures, including but not limited to California’s Missions, Berkeley’s First Church of Christ Scientist, a Maybeck masterpiece, and San Francisco’s Congregation Emanu-El, should be exempt from by-right approvals, and be subject to normal landmarking and zoning processes in their jurisdictions.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that it hereby supports SB 4 with amendments to include apprenticeship and training Programs and to exempt historic resources from the provisions of SB4.

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Council Consent Items
Tuesday, January 17, 2023 MINUTES Page 7

14. Twelfth Annual Martin Luther King Jr. Celebration: City Sponsorship and Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Fund
From: Mayor Arreguin (Author), Councilmember Wengraf (Co-Sponsor), Councilmember Hahn (Co-Sponsor)
Recommendation:

1. Adopt a Resolution retroactively co-sponsoring the 12th Annual Martin Luther King Jr. Celebration Breakfast on January 16, 2023.

2. 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, the fiscal sponsor of the 12th Annual Martin Luther King Jr. celebration, with funds relinquished to the City’s general fund for this purpose from the discretionary Council Office Budgets of Mayor Arreguin and any other Councilmembers who would like to contribute.

Financial Implications: Mayor's Discretionary Funds - $250 Contact: Jesse Arreguin, Mayor, (510) 981-7100
Action: Adopted Resolution No. 70,663–N.S. (Co-Sponsorship). The second part of the recommendation regarding relinquishment of funds was withdrawn by the author.

15. Amend Contract No. 32200161 with Community Development Partners to extend consulting work associated with Equitable Black Berkeley Initiative From: Mayor Arreguin (Author)
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32200161 with Community Development Partners (CDP) to add $75,000 to the existing ideation facilitator contract supporting the Equitable Black Berkeley Initiative for a total contact amount not to exceed $125,000 and extending the contract term to September 30, 2023.

Financial Implications: See report
Contact: Jesse Arreguin, Mayor, (510) 981-7100
Action: Adopted Resolution No. 70,664–N.S.

16. Referral for a Security Assessment of the 1700 and 1600 Blocks of San Pablo Avenue
From: Councilmember Kesarwani (Author)
Recommendation: Refer to the City Manager to conduct a security assessment of the 1700 and 1600 blocks of San Pablo Avenue two months after the City of Berkeley has entered into a lease of real property located at 1720 San Pablo Avenue (hereafter referred to as Berkeley Inn, a 27-room motel). Additional security measures deemed necessary should be implemented as soon as practicable after the security assessment is completed. Recommended aspects of the security assessment and possible security measures are described in the report.

Financial Implications: See report
Contact: Rashi Kesarwani, Councilmember, District 1, (510) 981-7110 Action: Approved recommendation.

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Council Consent Items
Tuesday, January 17, 2023 MINUTES Page 8

17. Resolution in Support of SB-36 (Skinner)
From: Councilmember Wengraf (Author), Councilmember Harrison (Co- Sponsor), Councilmember Humbert (Co-Sponsor), Councilmember Hahn (Co- Sponsor)
Recommendation: Adopt a Resolution in support of SB-36: Out-of-state criminal charges: prosecution related to abortion and gender-affirming care (Skinner) and send copies to Senator Skinner, Assembly Member Wicks and Governor Newsom.

Financial Implications: None
Contact: Susan Wengraf, Councilmember, District 6, (510) 981-7160 Action: Adopted Resolution No. 70,665–N.S.

18. Relinquishment of Council Office Budget Funds to the General Fund and Grant of Such Funds for Pacific Center for Human Growth
From: Councilmember Robinson (Author)
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $1,000 per Councilmember, including $1,000 from Councilmember Robinson, to Pacific Center for Human Growth to assist with urgent lease signing and renovation costs.

Financial Implications: Councilmember's Discretionary Funds - $1,000 Contact: Rigel Robinson, Councilmember, District 7, (510) 981-7170 Action: Adopted Resolution No. 70,666–N.S. revised to include contributions from the following Councilmembers up to the amounts listed: Mayor Arreguin - $500; Councilmember Taplin - $1,000; Councilmember Harrison - $250; Councilmember Wengraf - $250; Councilmember Bartlett - $200; Councilmember Kesarwani - $200; Councilmember Hahn - $300; Councilmember Humbert - $250.

Action Calendar – Old Business

19. Status Report - Berkeley's Financial Condition (FY 2012 - FY 2021): Pension Liabilities and Infrastructure Need Attention (Continued from December 13, 2022) From: City Manager
Contact: Sharon Friedrichsen, Budget Manager, (510) 981-7000 Action: 1 speaker. Supplemental material in Supplemental Communications Packet #2 from the Mayor deemed received. Presentation made and discussion held.

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Action Calendar – Public Hearings
Tuesday, January 17, 2023 MINUTES Page 9

20. Changes to Selected Camps Program Fees
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution approving new fees and increasing current fees for select recreation programs and facility rentals; and rescinding Resolution No. 70,193 N.S. and all amendatory resolutions.

Financial Implications: See report.

Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Public Testimony: The Mayor opened the public hearing. 1 speaker.

M/S/C (Arreguin/Robinson) to close the public hearing.

Vote: All Ayes.

Action: M/S/C (Arreguin/Robinson) to adopt Resolution No. 70,667–N.S.

Vote: All Ayes.

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Action Calendar – Public Hearings
Tuesday, January 17, 2023 MINUTES Page 10

21. Citywide Affordable Housing Requirements
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion:

1. Adopt first reading of an Ordinance to amending the Berkeley Municipal Code Chapter 23.328, updating the citywide Affordable Housing Requirements (AHR) 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.

2. Adopt a Resolution establishing regulations for a voucher program and establishing an in-lieu fee pursuant to BMC Section 23.328.020(A)(2) upon the effective date of contemporaneously adopted amendments to BMC Section 23.328, and rescind Resolution No. 68,074-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 Section 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 Public Testimony: The Mayor opened the public hearing. 6 speakers.

M/S/C (Arreguin/Robinson) to close the public hearing.

Vote: All Ayes.

Action: M/S/C (Arreguin/Wengraf) to:

1. Adopt first reading of Ordinance No. 7,853–N.S. Second reading scheduled for February 14, 2023.

2. Adopt Resolution No. 70,668–N.S.

The item is amended to include the revisions in Supplemental Communications Packet #2 from the Planning and Development Department regarding an exemption for projects of fewer than five units, anti-piecemealing provisions, and calculation of the in-lieu fee based on net residential floor area using the 2020 Affordable Housing Mitigation Fee level.

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

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Action Calendar – Old Business
Tuesday, January 17, 2023 MINUTES Page 11

22. Resolution Supporting Trip Reduction Alternative for BUSD Berkeley High School Tennis and Parking Structure Project (Continued from December 13, 2022)
From: Councilmember Taplin (Author), Councilmember Harrison (Co-Sponsor) Recommendation: Adopt a Resolution in support of a Trip Reduction Alternative to be included in the scope of the Environmental Impact Report for the Berkeley High School Tennis and Parking Structure Project at 2000 Bancroft Way, and send a copy of Resolution to the Berkeley Unified School District (BUSD) Board of Directors.

Financial Implications: None
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120 Action: Moved to the Consent Calendar for the purpose of referring the item to the 2x2 Committee of the City Council and Berkeley Unified School District Board of Education.

Public Comment – Items Not Listed on the Agenda - None.

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

Vote: All Ayes.

Adjourned at 9:57 p.m.

I hereby certify that the foregoing is a true and correct record of the regular session meeting held on January 17, 2023.
___________________________
Rose Thomsen, Deputy City Clerk
Communications
Item #21: Citywide Affordable Housing Requirements

1. Trevor Nestor

2. Jason Martens

3. Jane White

4. Ruth Morgan

5. Medina Lam (2)

6. David Lerman
Tenants Opportunity to Purchase Act (TOPA)

7. Susan Bassein

8. Lynn Cooper

9. Katherine Bierce

10.Sheila Goldmacher

11.Rahel Smith

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Tuesday, January 17, 2023 MINUTES Page 12
Eviction Moratorium

12.Yoni Mayeri

13.Susan Marchionna

14.Deborah Finch

15.Rob Gong and Maryan Gong

16.Robert Bahme

17.Leor Beary

18.Bhima Sheridan

19.Vincent Casalaina

20.Ben Davis

21.Debbie Woods

22.Jonatan Weldon

23.William Burton

24.Stan Momtchev

25.Sarah Davis

26.Jessica Bolhack
Hopkins Corridor

27.Susan Taylor

28.Cindi Goldberg

29.Howard Goldberg

30.Michelle Straka

31.Charles Shiflett

32.Mimi Abers

33.Carol Goines

34.Aliza Elias

35.Wanda Warkentin

36.Diana Bohn (2)

37.Vivian Warkentin

38.Susan McKearnan

39.Donna Dediemar and Daniel Cheng

40.Councilmember Hahn

41.Patrick Gordis (2)

42.Virginia Kamp

43.Dorothea Dorenz

44.Graham Crowe

45.Jeanne Friedman

46.Peggy Radel
Homelessness

47.Eve Cowen

48.Friends of Five Creeks (2)

49.Daniel Goldberg

50.Maryann O’Sullivan
Warming Centers

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Tuesday, January 17, 2023 MINUTES Page 13

51.Moni Law (3)

52.Robin R.

53.Glenn Turner

54.Nicholas Townsend

55.Katharine Bierce

56.Linda Wulf

57.Juli Dickey

58.Councilmember Harrison

59.Carole Marasovic

60.Arian Thompson-Lastad
North Berkeley BART Development

61.David Brandon

62.Erika Shore

63.Howard Goldberg

64.Carol Hirth
Ashby BART Development

65.Paul Lee

66.David Mendelsohn

67.Teresa Clarke

68.Niloufar Khonsari

69.Jane Scantlebury

70.Susi Marzuola

71.Bhima Sheridan

72.Laura Stevens
Fire Evacuation

73.Margot Smith
Board Vacancies

74.Hansel Aguilar, on behalf of Police Accountability (2) Measure L

75.Mark Lemkin
Traffic/Roads/Safety

76.Seth Kimball

77.Jack Kurzweil

78.Benjamin Chica-Betchart

79.Vicki Sommer

80.Mathew Lewis

81.Tom Gantert

82.Lauren Schiller

83.Eric Friedman

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Tuesday, January 17, 2023 MINUTES Page 14
Guarantee Income Plans

84.Andrew Hardy
Parking Regulations in District 2

85.Cheryl Davila

86.Chadidjah McFall

87.Councilmember Taplin
Climate Change

88.Walter Wood

89.Wendy Chou
Civic Center Report

90.Margot Smith
Downtown Building Heights

91.Erika Shore
Witness Panel

92.Jolene Cook
La Pena Cultural Center

93.Natalia Neira Retamal
Berkeley Police Matters

94.John McMonagle

95.Noah Goldberg

96.Anais-Olephelia Lino

97.Steve Bridges

98.Patty Chou
Emergency Batteries During Hill Fires

99.Mary Behm-Steinberg
People’s Park
100. Atma Das
101. James Mattson
IKE Kiosks
102. Cecilia Schall
Alcohol Sales on San Pablo/University Avenues
103. Jeff Vincent
Buy Local In Berkeley
104. Bob Flasher

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Tuesday, January 17, 2023 MINUTES Page 15
Holiday Street Fair Concerns
105. Bob Chan, on behalf of Sizzling Lunch
Harm to Residents at 1865 Euclid Avenue
106. Shawn Rosenthal
Future Parks
107. James Mattson
Adopt A Drain
108. Bryce Nesbitt
Center Street Greenway and Strawberry Creek
109. Kirstin Miller
URL’s Only
110. Vivian Warkentin (4)
Supplemental Communications and Reports 1
 None
Supplemental Communications and Reports 2
Item 19: Status Report – Berkeley’s Financial Condition (FY 2012- FY 2021): Pension Liabilities and Infrastructure Need Attention
111. Supplemental material, submitted by Mayor Arreguin Item #21: Citywide Affordable Housing Requirements
112. Revised material, submitted by Planning and Development Item #22: Resolution Supporting Trip Reduction Alternative for BUSD Berkeley High School Tennis and Parking Structure Project
113. Martha Cain
114. Bhima Sheridan
115. Charles Siegel
Supplemental Communications and Reports 3
Item 19: Status Report – Berkeley’s Financial Condition (FY 2012- FY 2021): Pension Liabilities and Infrastructure Need Attention
116. Presentation, submitted by the City Manager’s Office Item #21: Citywide Affordable Housing Requirements
117. Presentation, submitted by Planning and Development

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Wednesday, January 18, 2023 MINUTES Page 1

M I N U T E S

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

B E R K E L E Y C I T Y C O U N C I L
Wednesday, January 18, 2023
4:00 PM

JESSE ARREGUIN, MAYOR
Councilmembers:

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 URL https://cityofberkeley-info.zoomgov.com/j/1619486060. 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: 161 948 6060. If you wish to comment during the public comment portion of the agenda, Press *9 and wait to be recognized by the Chair.

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 matter may be addressed to Mark Numainville, City Clerk, (510) 981-6900. The City Council may take action related to any subject listed on the Agenda. Meetings will adjourn at 11:00 p.m. - any items outstanding at that time will be carried over to a date/time to be specified.

Attachment 3

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Wednesday, January 18, 2023 MINUTES Page 2 Preliminary Matters
Roll Call: 4:05 p.m.

Present: Kesarwani, Taplin, Bartlett, Harrison, Hahn, Wengraf, Robinson, Humbert, Arreguin

Absent: None.

Action Calendar – Public Hearings

1. Adoption of 2023-2031 Housing Element Update
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution to: (A) certify the Environmental Impact Report (SCH#2022010331) and adopt related California Environmental Quality Act (CEQA) findings, a statement of overriding considerations, mitigation measures, and a mitigation monitoring and reporting program; and (B) approve and adopt a General Plan Amendment to update the Housing Element for the period of 2023-2031.

Financial Implications: See report
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Public Testimony: The Mayor opened the public hearing. 49 speakers. M/S/C (Arreguin/Robinson) to close the public hearing.

Vote: All Ayes.

Action: M/S/C (Arreguin/Robinson) to accept revisions submitted by the Planning Department in Supplemental 3 for Item 1.

Vote: All Ayes.

Action: M/S/C (Arreguin/Kesarwani) on the severed portion to adopt changes to Program 27 - Priority Development Areas (PDAs), Commercial and Transit Corridor of the Housing Element:
 San Pablo Avenue PDA Specific Plan – The City will be developing a San Pablo Avenue Corridor PDA Specific Plan, which will increase allowed densities and/or development capacity; and study design standards, public improvements, and mechanisms to incentivize affordable housing.  Land Use, Safety, and Environmental Justice Element Update - The City will update zoning map and development standards to accommodate housing capacity and growth on transit and commercial corridors, particularly in the highest resource neighborhoods pursuant to the Affirmatively Furthering Fair Housing requirement. These updates will increase allowed densities and/or development capacity with the goal of achieving consistency among all transit and commercial corridors, especially between formerly red-lined areas and higher-resource areas of Solano Avenue, north Shattuck Avenue, and College Avenue.
 Specific Actions and Timeline
By December 2026, update Land Use, Safety, and Environmental Justice Elements of the General Plan to accommodate greater housing capacity on

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Action Calendar – Public Hearings
Wednesday, January 18, 2023 MINUTES Page 3 commercial and transit corridors, particularly in the highest resource neighborhoods, to achieve consistency among all transit and commercial corridors, and revise the City’s zoning map and development standards to be consistent. The City commits to initiate this work within one year of certification of the Housing Element.

Vote: All Ayes.

Action: M/S/C (Arreguin/Kesarwani) on the severed portion to adopt changes to Section 5 of Program 29 – Middle Housing of the Housing Element:
 To facilitate the by-right development of Middle Housing, the City will consider eliminating the requirement of a use permit to demolish single-family homes for applications that 1) add net density and 2) have not been occupied by tenants within the past five years and in which Ellis Act eviction did not occur within the preceding five years. This policy will be referred for consideration to the 4x4 Committee of the City Council and Rent Board. Further, explore the effect on local and state laws relating to the demolition of historic resources.  Specific Actions and Timeline
By December 2023, consider amending the Demolition Ordinance to provide a by-right pathway for demolition of single-family homes for projects that add net density and are not tenant-occupied within the past five years and in which Ellis Act eviction did not occur within the preceding five years. This policy will be referred for consideration to the 4x4 Committee of the City Council and Rent Board. Further, explore the effect on local and state laws relating to the demolition of historic resources.

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

Action: M/S/C (Arreguin/Kesarwani) to adopt Resolution No. 70,669–N.S. as amended by the revisions submitted by the Planning Department in Supplemental 3 and incorporating revisions to the Housing Element submitted by Councilmember Kesarwani in Supplemental 2 and further revised at the meeting, to (A) certify the Environmental Impact Report (SCH#2022010331) and adopt related California Environmental Quality Act (CEQA) findings, a statement of overriding considerations, mitigation measures, and a mitigation monitoring and reporting program; and (B) approve and adopt a General Plan Amendment to update the Housing Element for the period of 2023-2031.

Vote: All Ayes.

Adjournment
Action: M/S/C (Wengraf/Harrison) to adjourn the meeting.

Vote: All Ayes.

Adjourned at 7:25 p.m.

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Wednesday, January 18, 2023 MINUTES Page 4 I hereby certify that the foregoing is a true and correct record of the special session meeting held on January 18, 2023.
___________________________
Sarah Bunting, Assistant City Clerk
Communications
Item #1: Adoption of 2023-2031 Housing Element Update

1. Sophia DeWitt

2. Tsahai Ungar

3. Joy Chiu

4. Loir Kossowsky

5. Sheila Goldmacher

6. Phil Allen

7. Susan Bassein

8. Alice Armstrong

9. Tuan Ngo

10.Brittney Goodman

11.Tobias Damm-Luhr

12.David Nutt

13.Alice Green

14.Katharine Bierce
Supplemental Communications and Reports 1
 None
Supplemental Communications and Reports 2
Item #1: Adoption of 2023-2031 Housing Element Update

15.Supplemental material, submitted by Councilmember Kesarwani

16.Candace Hyde-Wang

17.Lisa Bruce

18.Gregory Lemieux

19.Clifford Fred

20.Berkeley Neighbors for Housing and Climate Action (2)

21.Jodi Ravel

22.Teresa Clarke

23.Andrew Fusco

24.25 similarly-worded form letters
Supplemental Communications and Reports 3
Item #1: Adoption of 2023-2031 Housing Element Update

25.Supplemental material, submitted by Planning and Development

26.Supplemental material, submitted by Councilmember Kesarwani and Mayor Arreguin

27.Presentation, submitted by Planning and Development

28.Senator Nancy Skinner

29.Shirley Dean

30.John Calmeyer

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Wednesday, January 18, 2023 MINUTES Page 5

31.Walter Wood

32.Sallie

33.Joaquin Carbonell IV

34.Jonathan Singh

35.Gary Brown and Greg Castillo

36.Henry Symons

37.Vicki Sommer

38.Hannah Pitt

39.Tony Corman

40.David Lerman

41.S. Entwistle

42.Jake Matchett

43.Martin Bourque

44.Diana Bohn

45.Anne-Lise Francois

46.John Parman

47.6 similarly-worded form letters

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Monday, January 30, 2023 MINUTES Page 1

M I N U T E S

BERKELEY CITY COUNCIL SPECIAL MEETING
MONDAY, JANUARY 30, 2023
4:30 P.M.

JESSE ARREGUIN, MAYOR
Councilmembers:

VIDEOCONFERENCE AND TELECONFERENCE
Pursuant to Government Code Section 54953(e) and the state declared emergency, this meeting of the City Council will be conducted exclusively through teleconference and Zoom videoconference. The COVID- 19 state of emergency continues to directly impact the ability of the members to meet safely in person and presents imminent risks to the health of attendees. Therefore, no physical meeting location will be available.

To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device: Please use this URL https://cityofberkeley-info.zoomgov.com/j/1613261723. 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 1-669-900-9128 or 1-877-853-5257 (Toll Free); enter Meeting ID: 161 326 1723. If you wish to comment during the public comment portion of the agenda, Press *9 and wait to be recognized by the Chair.

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

Attachment 4

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Monday, January 30, 2023 MINUTES Page 2
Preliminary Matters
Roll Call: 4:35 p.m.

Present: Bartlett, Hahn, Harrison, Humbert, Kesarwani, Robinson, Arreguin

Absent: Taplin, Wengraf
Public Comment - Limited to items on this agenda only – None.

CLOSED SESSION:

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

1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(1):
a. Schmier v. City of Berkeley, Alameda County Superior Court Case No.

RG19036596
b. Owens v. City of Berkeley, United States District Court, Northern District, Case No. 22-cv-02715-YGR
Action: No reportable action taken.

2. CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION PURSUANT TO GOVERNMENT CODE SECTIONS 54956.9(a) and 54956.9(d)(1)
a. Workers Compensation Appeals Board Case Number: ADJ835942 Action: M/S/C (Arreguin/Hahn) to provide direction to outside counsel and approve a settlement by Compromise and Release.

Vote: Ayes – Kesarwani, Bartlett, Harrison, Hahn, Robinson, Humbert, Arreguin; Noes – None; Abstain – None; Absent – Taplin, Wengraf.
b. Workers Compensation Appeals Board Case Numbers: ADJ9211119, ADJ15749921, and ADJ15521282
Action: M/S/C (Harrison/Hahn) to provide direction to outside counsel and approve a settlement by Compromise and Release.

Vote: Ayes – Kesarwani, Bartlett, Harrison, Hahn, Robinson, Humbert, Arreguin; Noes – None; Abstain – None; Absent – Taplin, Wengraf.
c. Workers Compensation Appeals Board Case Number: ADJ3710721 Action: M/S/C (Hahn/Robinson) to provide direction to outside counsel and approve a settlement by Compromise and Release.

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

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CLOSED SESSION:

Monday, January 30, 2023 MINUTES Page 3

3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8
Property address: 830 University Ave, Berkeley, California Agency Negotiators: Dee Williams-Ridley, City Manager; LaTanya Bellow, Deputy City Manager; Lisa Warhuus, Director of Health, Housing & Community Services
Negotiating parties: City of Berkeley, Lifelong Medical, Berkeley Free Clinic Property owner: City of Berkeley
Under negotiation: Price and terms
Action: No reportable action taken.

OPEN SESSION:

Public Reports of actions taken pursuant to Government Code section 54957.1.

City Council met in closed session on January 30, 2023, Pursuant to Government Code Section 54956.9(d)(2) and provided direction to outside counsel and approved a settlement by Compromise and Release, as to workers’ compensation matter WCAB Case Number:

ADJ835942.

ADJ9211119, ADJ15749921, and ADJ15521282.

ADJ3710721.

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

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

Adjourned at 5:18 p.m.

I hereby certify that the forgoing is a true and correct record of the special closed meeting of January 30, 2023 as approved by the Berkeley City Council. __________________________________
Rose Thomsen, Deputy City Clerk

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Tuesday, January 31, 2023 MINUTES Page 1

M I N U T E S

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

B E R K E L E Y C I T Y C O U N C I L
Tuesday, January 31, 2023
4:00 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702

JESSE ARREGUIN, MAYOR
Councilmembers:

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 URL https://cityofberkeley-info.zoomgov.com/j/1610761302. 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: 161 076 1302. If you wish to comment during the public comment portion of the agenda, Press *9 and wait to be recognized by the Chair.

Please be mindful that the meeting will be recorded 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 matter may be addressed to Mark Numainville, City Clerk, (510) 981-6900. The City Council may take action related to any subject listed on the Agenda. Meetings will adjourn at 11:00 p.m. - any items outstanding at that time will be carried over to a date/time to be specified.

Attachment 5

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Tuesday, January 31, 2023 MINUTES Page 2
Preliminary Matters
Roll Call: 4:23 p.m.

Present: Kesarwani, Taplin, Bartlett, Harrison, Hahn, Wengraf, Robinson, Humbert, Arreguin

Absent: None
Action Calendar – New Business

1. Provide Direction on Closing the $3.215M -$4.515M Funding Gap to Complete Measure T1 Phase 2 Projects
From: City Manager
Recommendation:

1. Determine whether to fund full replacement or renovation of the African American Holistic Resource Center; and

2. Take action to add new funding, eliminate, or reduce the phase of existing projects to close the Measure T1 Phase 2 funding gap.

Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: M/S/C (Arreguin/Robinson) to accept revised material from the Parks, Recreation, and Waterfront Department on Item 1.

Vote: All Ayes.

Action: 20 speakers. M/S/C (Arreguin/Harrison) to provide direction to the City Manager to:

1. Fully fund the full replacement of the African American Holistic Resource Center.

2. Fully fund the Turtle Island Monument project.

3. Use the following criteria and return to the City Council with options for how to close the project funding gap:
a. Prioritize projects that are public facing and public serving. b. Prioritize projects that have matching funds.
c. Prioritize projects that are in significant progress in the planning stage.

4. Look at all funding options including grants, General Fund excess equity, and any additional funding sources to close the funding gap, including potentially deferring projects that do not meet the outlined criteria.

5. Present the funding recommendations, and provide an update on the City’s capital improvement projects, to the Budget & Finance Committee for consideration prior to returning to the full City Council.

6. Provide recommendations for the replacement of the African American Holistic Resource Center that reflect a 4,000 square foot project and a 6,000 square foot project.

Vote: All Ayes.

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Tuesday, January 31, 2023 MINUTES Page 3
Adjournment
Action: M/S/C (Arreguin/Robinson) to adjourn the meeting.

Vote: All Ayes.

Adjourned at 6:25 p.m.

I hereby certify that the foregoing is a true and correct record of the special session meeting held on January 31, 2023.
___________________________
Rose Thomsen, Deputy City Clerk
Communications
Item #1: Provide Direction on Closing the $3.215M -$4.515M Funding Gap to Complete Measure T1 Phase 2 Projects

1. Diane Ross-Leech
Supplemental Communications and Reports 1
 None
Supplemental Communications and Reports 2

2. Friends of Adeline

3. Toni Mester
Supplemental Communications and Reports 3

4. Revised material, submitted by Parks, Recreation and Waterfront

5. Presentation, submitted by Parks, Recreation and Waterfront

6. Deb Durant

7. Sally Nelson

8. Wyndy

9. Toni Mester

10.Mansour Id-Deen

11.Eric Friedman

12.Keith Carson, Supervisor Fifth District, County of Alameda

13.Members of the Berkeley Community

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Tuesday, January 31, 2023 MINUTES Page 1

M I N U T E S

BERKELEY CITY COUNCIL MEETING
Tuesday, January 31, 2023
6:00 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702

JESSE ARREGUIN, MAYOR
Councilmembers:

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.

Please be mindful that the meeting will be recorded 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 matter may be addressed to Mark Numainville, City Clerk, (510) 981-6900. The City Council may take action related to any subject listed on the Agenda. Meetings will adjourn at 11:00 p.m. - any items outstanding at that time will be carried over to a date/time to be specified.

Attachment 6

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Preliminary Matters
Roll Call: 6:43 p.m.

Present: Kesarwani, Taplin, Bartlett, Harrison, Hahn, Wengraf, Robinson, Humbert, Arreguin

Absent: None
Land Acknowledgement Statement: The City of Berkeley recognizes that the community we live in was built on the territory of xučyun (Huchiun (Hooch-yoon)), the ancestral and unceded land of the Chochenyo (Cho-chen-yo)-speaking Ohlone (Oh-low-nee) people, the ancestors and descendants of the sovereign Verona Band of Alameda County. This land was and continues to be of great importance to all of the Ohlone Tribes and descendants of the Verona Band. As we begin our meeting tonight, we acknowledge and honor the original inhabitants of Berkeley, the documented 5,000-year history of a vibrant community at the West Berkeley Shellmound, and the Ohlone people who continue to reside in the East Bay. We recognize that Berkeley’s residents have and continue to benefit from the use and occupation of this unceded stolen land since the City of Berkeley’s incorporation in 1878. As stewards of the laws regulating the City of Berkeley, it is not only vital that we recognize the history of this land, but also recognize that the Ohlone people are present members of Berkeley and other East Bay communities today. The City of Berkeley will continue to build relationships with the Lisjan Tribe and to create meaningful actions that uphold the intention of this land acknowledgement.

Report from Closed Session
City Council met in closed session on January 30, 2023, Pursuant to Government Code Section 54956.9(d)(2) and provided direction to outside counsel and approved a settlement by Compromise and Release, as to workers’ compensation matter WCAB Case Number: ADJ835942.

Ceremonial Matters:

1. Presentation: Bay Area Community Land Trust (BACLT)

2. Adjourned in memory of James Reagan, Community Activist

3. Recognizing the Berkeley Maktab Tarighat Oveyssi (M.T.O.) Shahmaghsoudi Center City Manager Comments: None
Public Comment on Non-Agenda Matters: 5 speakers.

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Consent Calendar
Tuesday, January 31, 2023 MINUTES Page 3
Public Comment on Consent Calendar and Information Items Only: 3 speakers.

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

Vote: All Ayes.

Recess Items

1. Contract No. 32200036 Amendment: Berkeley Convention and Visitors Bureau, d.b.a. Visit Berkeley
From: City Manager
Recommendation: Adopt a Resolution ratifying the action taken by the City Manager during recess to modify the sole source contract (Contract No. 32200036) and any amendments with the Berkeley Convention and Visitors Bureau, d.b.a. Visit Berkeley, to distribute one-twelfth of annual Berkeley Transient Occupancy Tax funds to support tourism marketing and promotion for the period from July 1, 2020 through June 30, 2023.

Financial Implications: See report
Contact: Eleanor Hollander, Economic Development, (510) 981-7530 Action: Adopted Resolution No. 70,670–N.S.

2. Contract No. 100692-3 Amendment: Serological Research Institute for DNA Testing Services
From: City Manager
Recommendation: Adopt a Resolution ratifying the action taken by the City Manager during recess to amend Contract No. 100692-3 and any necessary future amendments with Serological Research Institute (SERI) for the Police Department, increasing the contract amount by $500,000 for a total not to exceed amount of $2,000,000 while the contract expiration will remain June 30, 2025.

Financial Implications: See report
Contact: Jennifer Louis, Police, (510) 981-5900
Action: Adopted Resolution No. 70,671–N.S.

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3. Lease Agreement: Bay Area Hispano Institute for Advancement (BAHIA) at building 1718 8th Street, at James Kenney Park
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,852-N.S. authorizing the City Manager to execute a lease agreement with Bay Area Hispano Institute for Advancement (BAHIA) to use the building at 1718 8th Street, adjacent to James Kenney Community Center, in James Kenney Park for a 15-year lease term anticipated to begin March 1, 2023 and ending February 1, 2038, with one 5-year option to renew.

First Reading Vote: All Ayes.

Financial Implications: See report.

Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted second reading of Ordinance No. 7,852–N.S.

4. Resolution Reviewing and Ratifying the Proclamation of Local Emergency Due to the Spread of a Severe Acute Respiratory Illness Caused by a Novel (New) Coronavirus (COVID-19)
From: City Manager
Recommendation: Adopt a Resolution reviewing the need for continuing the local emergency due to the spread of a severe acute respiratory illness caused by a novel (new) coronavirus (COVID-19) and ratifying the Proclamation of Local Emergency issued by the Director of Emergency Services on March 3, 2020, initially ratified by the City Council on March 10, 2020, and subsequently reviewed and ratified by the Council on April 21, 2020, June 16, 2020, July 28, 2020, September 22, 2020, November 17, 2020, December 15, 2020, February 9, 2021, March 30, 2021, May 25, 2021, July 20, 2021, September 14, 2021, December 14, 2021, February 8, 2022, March 22, 2022, May 10, 2022, June 28, 2022, July 26, 2022, September 20, 2022, November 3, 2022, and December 13, 2022.

Financial Implications: To be determined
Contact: Farimah Brown, City Attorney, (510) 981-6950
Action: Adopted Resolution No. 70,672–N.S.

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5. Resolution Making Required Findings Pursuant to the Government Code and Directing City Legislative Bodies to Continue to Meet Via Videoconference and Teleconference
From: City Manager
Recommendation: Adopt a Resolution making the required findings pursuant to Government Code Section 54953(e)(3) and determining that as a result of the continued threat to public health and safety posed by the spread of COVID-19, City legislative bodies shall continue to meet via videoconference and teleconference, initially ratified by the City Council on September 28, 2021, and subsequently reviewed and ratified on October 26, 2021, November 16, 2021, December 14, 2021, January 10, 2022, February 8, 2022, March 8, 2022, March 22, 2022, April 12, 2022, May 10, 2022, May 31, 2022, June 28, 2022, July 26, 2022, August 23, 2022, September 20, 2022, October 11, 2022, November 3, 2022, November 29, 2022, December 13, 2022, and January 10, 2023.

Financial Implications: To be determined
Contact: Farimah Brown, City Attorney, (510) 981-6950
Action: Adopted Resolution No. 70,673–N.S.

6. Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on January 31, 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 - $33,541,532
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Approved recommendation.

7. Grant Application: Funding from California Department of Forestry and Fire Protection (CAL FIRE) Wildfire Prevention Grant to Implement an Incentive Program for Residents of Berkeley’s Very High Fire Hazard Severity Zone From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to apply for and accept a grant, and any amendments, from the California Department of Forestry and Fire Protection (CAL FIRE) for up to $5 Million to implement a vegetation management program for residents of Berkeley’s Very High Fire Hazard Severity Zone (VHFHSZ). Grant funds will be used to develop and deliver public education materials explaining the inspection process and the importance of creating defensible space, assist residents in need of financial assistance to remove vegetation to meet state and local codes, enhance the chipper program, and fund a 3rd party administrator to manage applications and contractor pay schedules.

Financial Implications: See report
Contact: David Sprague, Fire, (510) 981-3473
Action: Adopted Resolution No. 70,674–N.S.

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8. Contract No. 32000202 Amendment: Berkeley Food & Housing Project for Rental Subsidy for the Russell Street Residence
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to execute an amendment to Contract No. 32000202 with Berkeley Food & Housing Project (BFHP) to provide rental subsidies for the Russell Street Residence through June 30, 2023 in an amount not to exceed $3,400,640. This will extend the existing contract by one year and add $576,616 in funding.

Financial Implications: See report.

Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 70,675–N.S.

9. Contract: AppleOne Employment Services for Temporary Staffing Services From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract with AppleOne Employment Services for Temporary Staffing Services, in the amount of $250,000 for the period of February 1, 2023 through July 31, 2023.

Financial Implications: General Fund - $250,000
Contact: Aram Kouyoumdjian, Human Resources, (510) 981-6800 Action: Adopted Resolution No. 70,676–N.S.

10. Contract No. 32000118 Amendment: Nexgen Asset and Work Order Management Software Maintenance and Professional Services From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32000118 with Nexgen Asset Management to provide additional funding for software maintenance, training and professional services for software enhancements, increasing the amount by $689,400, for a total not-to- exceed amount of $1,706,909 through June 30, 2024.

Financial Implications: Various Funds - $689,400
Contact: Kevin Fong, Information Technology, (510) 981-6500 Action: Adopted Resolution No. 70,677–N.S.

11. AHEAD, Inc: Using the California Department of General Services’ (DGS) Software Licensing Program (SLP) for Software License Purchases From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to increase spending authority with AHEAD, Inc. (“AHEAD”) for the purchase of additional Varonis software licenses, utilizing pricing and contracts, amendments, and extensions from the California Department of General Services (DGS) Software Licensing Program (SLP) increasing the amount by $186,610 for a total amount not- to-exceed $422,915 and the period beginning January 31, 2023 through December 21, 2023.

Financial Implications: Cost Allocation Fund - $186,610 Contact: Kevin Fong, Information Technology, (510) 981-6500 Action: Adopted Resolution No. 70,678–N.S.

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12. Contract No. 32200183 Amendment: Western Water Features Inc. for the Electrical Renovations at King Swim Center
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32200183 with Western Water Features, Inc. for the electrical renovations at King Swim Center, increasing the contract amount by $90,000 for a total not to exceed amount of $1,100,000.

Financial Implications: CIP Fund - $90,000
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 70,679–N.S.

13. Contract: California Constructores for Grove Park Field and Playground Renovation Project
From: City Manager
Recommendation: Adopt a Resolution: 1. Approving the plans and specifications for the Grove Park Field and Playground Renovation Project, Specification No. 22- 11538-C; and 2. Accepting the correction of the sum of bid items for California Constructores’ bid; and 3. Accepting the bid of the lowest responsive and responsible bidder, California Constructores; and 4. Authorizing the City Manager to execute a contract and any amendments, extensions or other change orders until completion of the project in accordance with the approved plans and specifications, with California Constructores, for the Grove Park Field and Playground Renovation Project at 2828 Martin Luther King Jr. Way, Berkeley, CA 94703, in an amount not to exceed $2,483,865, which includes a contract amount consisting of the base bid plus one additive alternate of $2,159,883 and a 15% contingency in the amount of $323,982.

Financial Implications: Various Funds - $2,483,865
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 70,680–N.S.

14. Contract No. 32000020 Amendment: Rincon Consultants, Inc. for On-Call Planning and Environmental Review Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32000020 with Rincon Consultants, Inc., to increase the total not-to-exceed amount by $1,000,000 to a new total of $2,000,000, for additional services related to the review of land use permit applications and environmental review.

Financial Implications: See report
Contact: Alene Pearson, Planning and Development, (510) 981-7400 Action: Adopted Resolution No. 70,681–N.S.

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15. Contract: Koios Engineering, Inc. for Urgent Sewer Repair FY2023 Project From: City Manager
Recommendation: Adopt a Resolution: 1) approving plans and specifications for the Urgent Sewer Repair FY2023 Project, located throughout the City of Berkeley; 2) accepting the bid of the lowest responsive and responsible bidder, Koios Engineering, Inc.; and 3) authorizing the City Manager to execute a contract and any amendments, extensions, or other change orders until completion of the project in accordance with the approved plans and specifications, in an amount not to exceed $1,490,427, which includes a 10% contingency of $135,493.

Financial Implications: See report
Contact: Liam Garland, Public Works, (510) 981-6300
Action: Adopted Resolution No. 70,682–N.S.

16. Contract: Bay Pacific Pipeline, Inc. for Hearst, et al. FY2023 Sanitary Sewer Rehabilitation Project
From: City Manager
Recommendation: Adopt a Resolution: 1) approving plans and specifications for the FY2023 Sanitary Sewer Project, located on Hearst Avenue, Scenic Avenue, Euclid Avenue, Le Conte Avenue, Arch Street, Cedar Street, La Loma Avenue, Le Roy Avenue, Piedmont Avenue, Kelsey Street, Palm Court, Russell Street and Backline, Avalon Avenue Backline, Belrose Avenue Backline, University Avenue, Alvarado Road, and Roble Road Backline; 2) accepting the bid of the lowest responsive and responsible bidder, Bay Pacific Pipeline, Inc.; and 3) authorizing the City Manager to execute a contract and any amendments, extensions, or other change orders until completion of the project in accordance with the approved plans and specifications, in an amount not to exceed $4,417,421, which includes a 10% contingency of $401,584.

Financial Implications: Sanitary Sewer Fund - $4,417,421 Contact: Liam Garland, Public Works, (510) 981-6300
Action: Adopted Resolution No. 70,683–N.S.

17. ***Item Removed from the Agenda by the City Manager*** Authorize a Funding Agreement with AC Transit to supplement the Quick-Build Durant Transit Lane Project
From: City Manager
Contact: Liam Garland, Public Works, (510) 981-6300

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18. Contract: Gruendl Inc. DBA Ray’s Electric for Martin Luther King Jr. Way Vision Zero Quick Build Project
From: City Manager
Recommendation: Adopt a Resolution: 1. Approving plans and specifications for the Martin Luther King Jr. Way Vision Zero Quick Build Project, (Project), Specification No. 23-11554-C; 2. Accept the bid of Gruendl Inc. Doing Business As (DBA) Ray’s Electric, the lowest responsive and responsible bidder; and 3. Authorize the City Manager to execute a contract with Gruendl Inc. DBA Ray’s Electric and any amendments, extensions, and/or change orders until completion of the Project in accordance with the approved plans and specifications, in an amount not to exceed $1,663,900, which includes a contingency of ten percent for unforeseen circumstances.

Financial Implications: Various Funds - $1,663,900
Contact: Liam Garland, Public Works, (510) 981-6300
Action: Adopted Resolution No. 70,684–N.S.

19. Contract: Andes Construction, Inc. for FY2023 Sanitary Sewer Rehabilitation Parnassus Rd, et al. Project
From: City Manager
Recommendation: Adopt a Resolution: 1) approving plans and specifications for the FY2023 Sanitary Sewer Rehabilitation Parnassus Road Project, et al. Project located throughout the City of Berkeley; 2) accepting the bid of the lowest responsive and responsible bidder, Andes Construction, Inc.; and 3) authorizing the City Manager to execute a contract and any amendments, extensions, or other change orders until completion of the project in accordance with the approved plans and specifications, in an amount not to exceed $4,444,006, which includes a 10% contingency of $404,001.

Financial Implications: Sanitary Sewer Fund - $4,444,006 Contact: Liam Garland, Public Works, (510) 981-6300
Action: Adopted Resolution No. 70,685–N.S.

Council Consent Items

20. 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:

1. Adopt an Ordinance 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.

2. Direct the City Manager to implement reforms that reduce the disproportionate burden of parking and towing fines and fees on low-income individuals, as follows: a.

Expand eligibility for the City’s parking citations indigent payment plan to encompass

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households making up to 50% of Alameda County’s Area Median Income (AMI) and update these guidelines in accordance with AMI on an annual basis. Provide notice of the change to all individuals with unpaid tickets. b. Amend City policy to formalize the current practice of not booting or towing cars when the sole reason for doing so is the vehicle having five or more outstanding parking tickets where payment is delinquent.

3. Refer to the City Manager to: a. Develop and return to Council with a program to offer vehicle release fee waivers for low-income and/or homeless individuals and, if feasible, vehicle release fee reductions or waivers for first-time tows. b. Explore the possibility of raising the thresholds for 2A to 80% or 100% of AMI in the future, and explore the possibility of indexing fee reduction to income. c. Consider allowing all undocumented individuals to participate in payment plans or fee reductions or waivers without the need to show proof of income or public benefits. d. Look at simplification of payment plan administration and potentially allowing all parking and towing-related fines and fees to be paid through payment plans, regardless of income qualification, as a means to simplify administration. Consider software options for tracking and collection. e. Explore opportunities to coordinate outreach for payment plans with opportunities to engage residents in participation in other social services and public benefits.

4. Refer $383,512 in ongoing annual funding to the FY 2024 Mid-Biennial Budget Update for 2 Associate Management Analyst FTEs to administer and expand the indigent payment plan program.

Policy Committee Recommendation: Forward the item to Council with a positive recommendation that the City Council approve the item with the Author’s substitute recommendations as follows:
(1) Adopt an Ordinance 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.
(2) Direct the City Manager to implement reforms that reduce the disproportionate burden of parking and towing fines and fees on low-income individuals, as follows: a) Expand eligibility for the City’s parking citations indigent payment plan to encompass households making up to 50% of Alameda County’s Area Median Income (AMI) and update these guidelines in accordance with AMI on an annual basis. Provide notice of the change to all individuals with unpaid tickets. b) Amend City policy to formalize the current practice of not booting or towing cars when the sole reason for doing so is the vehicle having five or more outstanding parking tickets where payment is delinquent.
(3) Refer to the City Manager to: a) Develop and return to Council with a program to offer vehicle release fee waivers for low-income and/or homeless individuals and, if feasible, vehicle release fee reductions or waivers for first-time tows. b) Explore the possibility of raising the thresholds for 2A to 80% or 100% of AMI in the future, and explore the possibility of indexing fee reduction to income (if at 30% AMI, pay 30% of fee, if at 50%, pay 50% of fee, etc.). c) Consider allowing all undocumented individuals to participate in payment plans or fee reductions or waivers without the need to show proof of income or public benefits. d) Look at simplification of payment

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plan administration and potentially allowing all parking and towing-related fines and fees to be paid through payment plans, regardless of income qualification, as a means to simplify administration. Consider software options for tracking and collection. e) Explore opportunities to coordinate outreach for payment plans with opportunities to engage residents in participation in other social services and public benefits.
(4) Refer $383,512 in ongoing annual funding to the FY 2024 Mid-Biennial Budget Update for 2 Associate Management Analyst FTEs to administer and expand the indigent payment plan program.

Financial Implications: See report
Contact: Rigel Robinson, Councilmember, District 7, (510) 981-7170 Action: Adopt the recommendation of the Health, Life Enrichment, Equity & Community Committee to: 1. Adopt first reading of Ordinance No. 7,854–N.S.

Second reading scheduled for February 14, 2023. 2. Approve recommendation.

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

Recess: 8:43 p.m. – 8:58 p.m.

Action Calendar – Public Hearings

21. ZAB Appeal: 2065 Kittredge Street, Use Permit #ZP2021-0193 From: City Manager
Recommendation: Conduct a public hearing and, upon conclusion, adopt a Resolution affirming the Zoning Adjustments Board decision to approve Use Permit # ZP2021-0193 to demolish portions of existing City Landmark commercial buildings and construct an eight-story, mixed-use building at 2065 Kittredge Street with 187 dwelling units (including four live/work units and nine Very Low-Income units), 4,993 square feet commercial space and 43 parking spaces, and dismiss the appeal.

Financial Implications: None
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Public Testimony: The Mayor opened the public hearing. 12 speakers.

M/S/C (Hahn/Taplin) to close the public hearing.

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

Action: M/S/C (Arreguin/Hahn) to adopt Resolution No. 70,686–N.S. affirming the Zoning Adjustments Board decision to approve Use Permit # ZP2021-0193 to demolish portions of existing City Landmark commercial buildings and construct an eight-story, mixed-use building at 2065 Kittredge Street with 187 dwelling units (including four live/work units and nine Very Low-Income units), 4,993 square feet commercial space and 43 parking spaces, and dismiss the appeal, with the Project Plans, received September 1, 2022 (Exhibit B), EIR Addendum for 2065 Kittredge Mixed-Use (Exhibit C), and Supplemental Analysis Memorandum to EIR Addendum, dated September 8, 2022 (Exhibit D) in the supplemental material in the

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Action Calendar – Public Hearings
Tuesday, January 31, 2023 MINUTES Page 12
Supplemental Communications Packet #2 from the Planning and Development Department, and revising the Findings and Conditions to add the following language:

1. The applicant shall evaluate the feasibility of implementing one or more of the following workforce programs for construction of the Project, but is not required to implement any said program:
a. Participate in a joint labor-management apprenticeship program for each trade engaged in construction of the Project;
b. Participate in an apprenticeship program approved by the State of California Division of Apprenticeship Standards that has a graduation rate of 50% or higher and has graduated an average of thirty (30) apprentices annually for the five (5) years immediately preceding the Covered Project. The applicant will also maintain at least the ratio of apprentices required by California Labor Code section 1777.5 for the duration of the project; or
c. Make and require its subcontractors to make hourly contributions to the California Apprenticeship Council (“CAC”) for every apprenticeable craft hour worked on the Project of at least the apprenticeship contribution rate for the classification of “plumber, pipefitter, steamfitter” in Alameda County. d. The applicant shall evaluate the feasibility of making Health Care Expenditures of twenty (20) percent to or on behalf of each construction worker working on the Project in addition to their regular hourly wages during the period of employment.

The Health Care Expenditures may be made to a health plan in which the construction worker is enrolled, to the construction worker’ health savings account, and/or to the construction worker in the form of cash.

Prior to the issuance of a certificate of occupancy, the applicant shall submit a report to the City Manager all steps taken to comply with this condition, as well as the results of the applicant’s feasibility evaluation, and which, if any, program is implemented for the Project, whether Health Care Expenditures are implemented for the Project, and the number of construction worker recipients of Health Care Expenditures for the Project.

2. The applicant shall make a good faith effort to attempt to meet a thirty (30) percent goal of all workers on the Project construction site be residents of living within ten (10) miles of the Project site and that, if the applicant fails to achieve such goal, documentation showing good faith efforts made to achieve the goal must be furnished to the City of Berkeley. This paragraph does not negate the requirement by the applicant to meet any other applicable requirements required by law.

3. The applicant shall, before obtaining a certificate of occupancy for the Project, furnish an affidavit to the City of Berkeley disclosing the number of union workers for each craft, apprentices, contractors, contractors’ business addresses, number of local workers living within ten (10) miles of the Project site, and Berkeley residents working on the construction workforce for the Project.

Vote: All Ayes.

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Council Action Items
Tuesday, January 31, 2023 MINUTES Page 13

22. Resolution Authorizing Regional Early Action Planning Grants (REAP 2.0) for Higher Impact Transformative Activities
From: Mayor Arreguin (Author)
Recommendation: Adopt a resolution authorizing the City of Berkeley to request an allocation of Early Action Planning Grants (REAP 2.0) for Higher Impact Transformative Activities.

Financial Implications: See report
Contact: Jesse Arreguin, Mayor, (510) 981-7100
Action: Moved to the Consent Calendar. Adopted Resolution No. 70,687–N.S.

23. Outcomes Based Funding, Pay-For-Success and Social Impact Bonds (Reviewed by the Budget & Finance Committee)
From: Councilmember Bartlett (Author)
Recommendation: Qualified Positive Recommendation from the Berkeley City Council Budget & Finance Committee to:

Refer to the City Attorney to provide guidance on how the City can implement an Outcomes Based Funding initiative; request implementation analysis from the City Manager; and request information on whether or not this program can be used with external funds (e.g. grants) or city funds only
Policy Committee Recommendation: Send the item to the City Council with a Qualified Positive Recommendation to refer to the City Attorney to provide guidance on how the City can implement an Outcomes Based Funding initiative; request implementation analysis from the City Manager; and request information on whether or not this program can be used with external funds (e.g. grants) or city funds only.

Financial Implications: See report
Contact: Ben Bartlett, Councilmember, District 3, (510) 981-7130 Action: Moved to the Consent Calendar. Adopted the recommendation of the Budget & Finance Committee.

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Council Action Items
Tuesday, January 31, 2023 MINUTES Page 14

24. Amending City Council Rules of Procedure & Order to Allow Policy Committee Track Items with Budget Referrals to be Referred to the Budget & Finance Committee and one Subject Matter Policy Committee (Reviewed by the Agenda & Rules Committee)
From: Councilmember Hahn (Author)
Recommendation: That the City Council sets the following deadline: In order to be considered for the June 2023 budget process, Policy Committee Track items (as defined in the City Council Rules of Procedure and Order) that have potential budget implications must be submitted to the agenda process to allow for consideration by the Agenda & Rules Committee no later than at the March 6, 2023 meeting (setting the Agenda for the March 21, 2023 Regular Meeting of the City Council).

Policy Committee Recommendation: Send the item to the City Council with a qualified positive recommendation that in order to be considered for the budget process that will take place in June 2023, policy committee track items (as defined in the City Council Rules of Procedure), that have the potential for budget implications, must be submitted to the agenda process to allow for consideration by the Agenda & Rules Committee no later than its March 6, 2023 meeting.

Financial Implications: See report
Contact: Sophie Hahn, Councilmember, District 5, (510) 981-7150 Action: Moved to the Consent Calendar. Adopted the recommendation of the Agenda & Rules Committee, revised to change the deadline to the April 10, 2023 meeting of the Agenda & Rules Committee.

Information Reports

25. Updated Sanctuary City Contracting Compliance Report for FY 2021 From: City Manager
Contact: Farimah Brown, City Attorney, (510) 981-6950
Action: Received and filed.

Public Comment – Items Not Listed on the Agenda - None.

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

Vote: All Ayes.

Adjourned at 9:53 p.m.

I hereby certify that the foregoing is a true and correct record of the regular session meeting held on January 31, 2023.
___________________________
Rose Thomsen, Deputy City Clerk

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Tuesday, January 31, 2023 MINUTES Page 15
Communications
Warming Centers

1. Stephanie Hung

2. Moni Law

3. Enrique Marisol

4. Laura Cornwall

5. Clara Donovan

6. Lisa Teague

7. Melissa Tomlinson

8. Patty Yao
World Housing Crisis

9. Michelle LePaule
Emergency Batteries During Hill Fires

10.Mary Behm Steinberg
Stuart Street Repair

11.Toby St. John
City of Berkeley Hiring Practices

12.Elana Auerbach
Berkeley Police Department Matters

13.John White

14.Friends of Adeline
People’s Park

15.Sandra Morey
TOPA (Tenant’s Opportunity to Purchase Act)

16.Nicholas Heller
Turtle Island Monument

17.Corrina Gould, on behalf of Confederated Villages of Lisjan Nation

18.Jennifer Lovvorn, on behalf of the Civic Arts Program Visuals for Zoom Meetings

19.Bryce Nesbitt
BUSD Achievement Gap

20.Barbara Gilbert
Crime in Berkeley

21.Ernie Mansfield

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Tuesday, January 31, 2023 MINUTES Page 16

22.Eric Friedman
IKE Kiosks

23.Verna Winters
Demolition Ordinance

24.Rafa Sonnenfeld
Youth Representation on Berkeley’s Environmental & Climate Commission

25.Alfred Twu

26.Jasmine Moreira Cortes

27.Liza Lutzker

28.21 similarly-worded form letters
Earthquake Zones

29.Kelly Hammargren
URL’s Only

30.Vivian Warkentin (2)
Supplemental Communications and Reports 1
Item #20: Parking/Towing Fines & Fees Reform

31.Eric Friedman
Item #21: ZAB Appeal: 2065 Kittredge Street, Use Permit #ZP2021-0193

32.Courtney Welch, on behalf of the California Housing Defense Fund Supplemental Communications and Reports 2
Item #2: Contract No.100692-3 Amendment: Serological Research Institute for DNA Testing Services

33.Elana Auerbach
Item #21: ZAB Appeal: 2065 Kittredge Street, Use Permit #ZP2021-0193

34.Supplemental material, submitted by Planning and Development Supplemental Communications and Reports 3
Item #21: ZAB Appeal: 2065 Kittredge Street, Use Permit #ZP2021-0193

35.Presentation, submitted by Planning and Development

36.Presentation, submitted by Applicant CA Ventures

37.Alisha Pember, on behalf of Adams Broadwell Joseph & Cardozo

38.Todd Williams, on behalf of Fennemore Wendel Law

39.Adam Masters

40.Unknown
Ceremonial Calendar

41.Presentation, submitted by Bay Area Community Land Trust

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CONSENT CALENDAR
FEBRUARY 28, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Peter Radu, Assistant to the City Manager Subject: Donation to the Animal Shelter from the Stephen and Mary Birch Foundation

RECOMMENDATION
Adopt a Resolution accepting a donation from the estate of Stephen and Mary Birch in the sum of $5,000.00.

FISCAL IMPACTS OF RECOMMENDATION
A donation in the amount of $5,000 from The Stephen and Mary Birch Foundation to Animal Services will be used for off-site veterinary care and be deposited in the Animal Services Donation Fund and will be appropriated as part of the Second Amendment to the FY 2023 Annual Appropriations Ordinance. Animal Services spends approximately $25,000 for off-site veterinary care and a $5,000 donation will subsidize 20% of this expense.

CURRENT SITUATION AND ITS EFFECTS
Berkeley Animal Care Services (BACS) shelters and cares for approximately 1,100 stray, surrendered and abandoned animals each year. Many animals arrive needing veterinary care related to injury or advanced disease processes. Animal Services strives to treat all sick and injured animals that have a good chance of recovery and adoption and uses several local veterinary clinics to provide services that cannot be provided at the shelter such as X-rays, ultrasounds and specialized surgeries. Providing this care is critical to maintaining a high live release rate and low euthanasia rate for shelter animals.

BACKGROUND
Each year starting in 2008, the Stephen and Mary Birch Foundation have generously donated money to BACS to be used for the welfare of the shelter’s animals. This donation has consistently been used for veterinary care.

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Donation to the Animal Shelter from the Stephen and Mary Birch Foundation CONSENT CALENDAR February 28, 2023

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

RATIONALE FOR RECOMMENDATION
Animal Services must provide essential veterinary care to shelter animals in order to maintain a high live release rate. A donation in the amount of $5,000 will subsidize 20% of the amount Animal Services spends on off-site veterinary care annually.

ALTERNATIVE ACTIONS CONSIDERED
If the City were not to accept the $5,000 donation from the Stephen and Mary Birch Foundation, Animal Services would need to use a comparable amount from the Animal Services Donation Fund.

CONTACT PERSON
Amelia Funghi, Animal Shelter Manager (510) 981-6603

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RESOLUTION NO. -N.S.

ADOPT A RESOLUTION ACCEPTING A DONATION TO THE ANIMAL SHELTER FROM THE STEPHEN AND MARY BIRCH FOUNDATION IN THE SUM OF $5,000 WHEREAS, The Stephen and Mary Birch Foundation has named Berkley Animal Care Services (BACS) as a recipient of a gift; and
WHEREAS, BACS shelters and cares for approximately 1,100 stray, surrendered and abandoned animals each year; and
WHEREAS, the shelter treats sick and injured animals that have a good chance of recovery and adoption, and donations are often used to cover these veterinary bills; and WHEREAS, the donation in the sum of $5,000 will be deposited in the Animal Shelter Donation Fund.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the Council accepts a donation to the Animal Shelter from the Stephen and Mary Birch in the sum of $5,000.

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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 28, 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 28, 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 $2,220,000.

PROJECT Fund Source Amount

WEST SIDE AQUATIC
PARK: SITE

MODIFICATION,

IRRIGATION

INSTALLATION, AND

TREE PLANTING
336
145
501
$290,000
Tree Removal and Pruning
Services
011
164
138
$1,500,000
Echo Lake Camp Accessibility
Upgrades 125 $330,000
Harriet Tubman Terrace
Tennant Support 011 $100,000
Total: $2,220,000

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Formal Bid Solicitations and Request for Proposals CONSENT CALENDAR Scheduled for Possible Issuance After Council February 28, 2023 Approval on February 28, 2023

CURRENT SITUATION AND ITS EFFECTS
On May, 6, 2008, Council adopted Ordinance No. 7,035-N.S. effective June 6, 2008, which increased the City Manager’s purchasing authority for services to $50,000. As a result, this required report submitted by the City Manager to Council is now for those purchases in excess of $100,000 for goods; and $200,000 for playgrounds and construction; and $50,000 for services. If Council does not object to these items being sent out for bid or proposal within one week of them appearing on the agenda, and upon final notice to proceed from the requesting department, the IFB (Invitation for Bid) or RFP (Request for Proposal) may be released to the public and notices sent to the potential bidder/respondent list.

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

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

RATIONALE FOR RECOMMENDATION
Need for the 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 28,2023
a. West Side Aquatic Park: Site Modification, Irrigation Installation and Tree Planting
b. Tree Removal and Pruning Services
c. Echo Lake Camp Accessibility Upgrades
d. Harriet Tubman Terrae Tennant Support
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 28, 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
23-11587-C West Side Aquatic
Park: site
modification,
irrigation
installation, and
tree planting.
3/1/2023 3/21/2023 Cut/remove asphalt and fill to
grade with landscape soil to
create a straight and continuous
five-foot-wide planting strip along
the ~1 mile long park. Install
irrigation and plant.
$290,000.00 EEMP Grant
$100,000
336-52-542-566-0000-000-
461-663110-
PRWPK23005-336-ONE TM-

CONSTRUCT
Bayer Fund
$150,000
145-52-545-000-0000-000-
461-663110-
PRWPK23005-145-

CONSTRUCT
CIP Fund
$40,000
501-52-545-000-0000-000-
461-663110-
PRWPK23005-501-CIP-

CONSTRUCT
PRW/Parks Ian Kesterson
981-6688
1 of 2

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NEXT 30 DAYS
DATE SUBMITTED: February 28, 2023
Attachment 1
23-11588-C Tree Removal and
Pruning Services
3/07/2023 04/13/2023 Pruning and removal of public
trees, and grinding stumps.
"$500,000 per
year
FY23-FY26 3-
year term
Total NTE: $1.5
million "
Various funding sources.

General Fund
(Fire Fuel)
011-52-542-566-1001-000-
461-612990
Measure FF
164-52-542-566-1001-000-
461-612990
Parks Tax
138-52-542-566-0000-000-
461-612990
PRW/Parks Dan Gallagher
981-6687
23-11590-C Echo Lake Camp
Accessibility
Upgrades
3/17/2023 4/17/2023 This project includes voluntary
accessibility upgrade to the
Berkeley Echo Lake
Campground. This upgrade
consists of the construction of an
accessible pathway that connects
various elements of the
campground and a single
accessible tent cabin.
$330,000 Camps Fund
125-52-543-582-0000-000-
461-663110-PRWRC18002
PRW/
Waterfront
Capital
Projects
Liza McNulty
542-4131
DEPT. TOTAL $2,120,000
23-11591-C Harriet Tubman
Terrace Tennant
Support
2/10/2023 3/10/2023 Scope of Work/ Contract for a tenant advocate position for Harriet Tubman
Terrace
$100,000 011-51-504-533-2032-000-
444-612990
HHCS/HCS Mariela Herrick
981-5424
DEPT. TOTAL $100,000
TOTAL $2,220,000

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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CONSENT CALENDAR
February 28, 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: Street Level Advisors and Strategic Economics for Housing Preference Policy Fair Housing Analysis Consultant

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Street Level Advisors (Contractor), with Strategic Economics as a subcontractor, to provide Fair Housing Analysis services for a Housing Preference Policy for the Department of Health, Housing and Community Services (HHCS) from April 1, 2023 to April 1, 2024 in an amount not to exceed $60,055.

FISCAL IMPACTS OF RECOMMENDATION
The term of this contract is from April 1, 2023 to April 1, 2024. Funding in the amount of $60,055 for this Housing Preference Policy Fair Housing analysis project is available in the FY 2023 budget in the General Fund (ERMA Fund 011).

CURRENT SITUATION AND ITS EFFECTS
The Housing Preference Policy is a Strategic Plan Priority Project, advancing our goal to create affordable housing and housing support service for our most vulnerable community members. HHCS’ Housing and Community Services Division (HHCS/HCS) issued a Request for Proposals (RFP) to obtain consulting services to conduct Fair Housing Analysis on a draft Housing Preference Policy (HPP). At the time of writing this report in January 2023, Council is scheduled to hold a Work Session on HPP on February 21, 2023. HHCS/HCS anticipates Council to consider the HPP for adoption in Summer 2023. Staff request this contract authorization in order to expedite policy implementation should the HPP be adopted. The contract scope of work will reflect future policy decisions made by Council.

The fair housing analysis project has three deliverables: 1) Disparate Impact Analysis on the proposed preferences to affordable housing created by the Housing Trust Fund (HTF) and Below Market Rate (BMR) programs; 2) Report summarizing Disparate Impact Analysis of each preference and any applicable Fair Housing implications; and 3) Editable tools for staff to conduct project-based Disparate Impact Analyses.

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Contract: Street Level Advisors and Strategic Economics for Housing Preference Policy Fair Housing Analysis Consultant CONSENT CALENDAR February 28, 2023

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The City conducted RFP Specification No. 23-11539 with proposals due no later than September 13, 2022. The City received two proposals. The selection committee was comprised of a Senior Community Development Project Coordinator and two Community Development Project Coordinators in HHCS/HCS.

BACKGROUND
On October 6, 2022, Berkeley’s Housing Advisory Commission (HAC) adopted recommendations for City Council to adopt a Housing Preference Policy (HPP). A HPP will establish priorities (“Preferences”) for leasing new affordable housing units, in order to prioritize applicants with ties to Berkeley who have faced displacement or are at risk of displacement, and/or have faced historical housing injustice. The HPP represents an opportunity to target the new affordable housing for anti-displacement goals, as well as to partially address historical injustices.

The HPP is a Strategic Plan Priority Project, advancing our goal to create affordable housing and housing support services for our most vulnerable community members.

Anti-displacement initiatives are a key priority for the City of Berkeley and an ongoing call from local community members. Berkeley currently has 21 anti-displacement policies in place, 14 of which are noted as best practices by UC Berkeley’s Urban Displacement Project. The City of Berkeley is also making historic investments in affordable housing, particularly the $135M Measure O bond dedicated to affordable housing which includes $53M dedicated to affordable housing at Ashby and North Berkeley BART stations.

Fair Housing law requires Disparate Impact Analysis for preferences. This analysis assesses how racial groups and other protected classes will be impacted by a HPP and determines what percentage of units can receive preferences without creating disparate impacts on “protected classes” under state or federal law. In Fair Housing law, protected classes refer to a group of people with a common characteristic who are legally protected from housing discrimination on the basis of that characteristic, such as race, sex, or national origin. County, State, and federal agencies that contribute funding to the City’s HTF developments will need to approve this analysis before permitting use of a HPP on those units.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Displacement can lead to long commutes, as displaced people continue to return to their community of origin for school, work, faith institutions, healthcare, and/or social networks. A HPP can help reduce greenhouse gas (GHG) emissions associated with these longer commutes by reducing or reversing displacement of those with ties to Berkeley. This study will assist with the implementation of a policy to mitigate such impacts.

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Contract: Street Level Advisors and Strategic Economics for Housing Preference Policy Fair Housing Analysis Consultant CONSENT CALENDAR February 28, 2023

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RATIONALE FOR RECOMMENDATION
The Fair Housing analysis report and tools that will be produced will help determine how each preference can be applied to the maximum percentage of units permitted by disparate impact analysis. This will help secure approval for use of preferences from government funding agencies. These approvals are necessary in order for the policy to be implemented on HTF developments. This will also ensure there are no negative Fair Housing implications on the BMR program as well.

The City conducted a competitive bid process and the joint application from Street Level Advisors and Strategic Economics successfully met the bid requirements and ranked highest among all bidders given their applicable experience working on similar projects with other jurisdictions in California.

ALTERNATIVE ACTIONS CONSIDERED
Without Fair Housing Analysis of preferences, it will not be possible to implement a HPP in HTF developments consistent with the applicable laws. County, State, and federal agencies that contribute funding to the City’s HTF developments need to approve this analysis before permitting use of a HPP on those units. Council could opt to wait to make a decision on proceeding with the Fair Housing Analysis until the Council finishes deliberation on a HPP.

CONTACT PERSON
Anna Cash, Community Development Project Coordinator, HHCS, 510 981-5403 Mike Uberti, Sr. Community Development Project Coordinator, HHCS, 510 981-5114 Attachments:
1: Resolution

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

CONTRACT: STREET LEVEL ADVISORS AND STRATEGIC ECONOMICS FOR FAIR

HOUSING ANALYSIS CONSULTING
WHEREAS, the City of Berkeley issued a Request for Proposals (RFP) to obtain consulting services to conduct Fair Housing Analysis on the draft Housing Preference Policy; and
WHEREAS, the City conducted RFP Specification No. 23-11539 with proposals due no later than September 13, 2022; and
WHEREAS, the City received two proposals in response to this RFP; and WHEREAS, the City conducted a competitive bid process and a joint application from Street Level Advisors and Strategic Economics successfully met the bid requirements.

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 Street Level Advisors as a contractor, and Strategic Economics as a subcontractor, to provide consulting services to conduct Fair Housing Analysis on a draft Housing Preference Policy from April 1, 2023 to April 1, 2024 in an amount not to exceed $60,055.

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CONSENT CALENDAR
February 28, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Aram Kouyoumdjian, Director of Human Resources Subject: Increase Wage Ranges of Seasonal Camp Staff Classifications

RECOMMENDATION
Adopt a Resolution approving wage increases for certain Unrepresented Camp Classification rates in Unit X1, effective March 1, 2023, and amending Resolution No. 69,998-N.S.

FISCAL IMPACTS OF RECOMMENDATION
The proposed increases (see Table 1), would raise wages for four seasonal, daily-rated camp staff classifications: Camp Staff Member, Camp Staff Leader, Camp Medical Staff Member, and Camp Staff Supervisor. The projected 20% increase in labor costs is expected to be covered by the 12% increase in camp registration fees approved by Council on
January 17, 2023, (Resolution No. 70,667-N.S.). All costs and revenue for these positions and our camp programs are based in the Camps Fund (Fund 125).

CURRENT SITUATION AND ITS EFFECTS
With the current wage ranges of our Camp Staff Classifications, the City has struggled to recruit and retain Summer staff for Echo Lake and Tuolumne Camps. Berkeley’s pay rates are lower than our closest neighboring cities with overnight camps. The re- opening of Berkeley Tuolumne Camp in 2022 has exacerbated this issue as our staffing need has increased to 120 daily-rated, seasonal staff.

A compensation study of neighboring overnight camps (see Tables 2-4), demonstrated that the City of Berkeley’s wage ranges are lower than Cazadero Camp from Berkeley, Oakland Feather River Camp out of Oakland, and Camp Mather from San Francisco.

Berkeley’s rates are comparable to or higher than rates in Concord, San Jose and Sacramento, however, staff from Concord and San Jose have indicated that their municipalities are also in the process of increasing their staff wage rates. The gaps are significant in each position. As an example, last summer, new Berkeley Camp Staff Members were paid at a starting wage of $61 per day, compared to $88, $103, and $126 per day, respectively, at Cazadero, Oakland, and San Francisco camps.

Table 1 shows the proposed increases for the four Berkeley daily-rated camp positions.

These increases raise the wages for Camp Staff Member to $80 per day; Camp Staff

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Increase Wage Ranges of Seasonal Camp Staff Classifications ACTION CALENDAR February 28, 2023

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Leaders and Camp Medical Staff Members to $101 per day; and Camp Staff Supervisors to $125 per day.

These increases are projected to result in a 20% increase in Camps Fund labor costs.

To cover this increase in cost, a 12% increase in camp registration revenue is needed.

On January 17, 2023, Council approved an average fee increase of 12% fee across camp programs, (see Resolution No. 70,667–N.S. and Attachment A.) Additional increases may be possible in the future, but at this time, higher increases risk decreasing occupancy at our camps by pricing them out of the market.

Tables 2, 3 and 4 include comparisons of all four classifications and rates at other camps. The proposed changes bring Berkeley rates closer to the camps owned by Oakland and San Francisco in each classification. This comparison is possible for all but the Camp Medical Staff Member classification. In our review, only Oakland and Berkeley pay their camp medical staff; other camps tend to bring on these positions on a volunteer basis. In Berkeley, the Camp Medical Staff Member rate has been matched to the Camp Staff Leader; and this approach is proposed to continue.

This is a time-sensitive issue because recruitment for daily rated camp employees has started and when staff attend various college and job fairs offered by local colleges and organizations over the next several months this information will be important in attracting new employees. Interviews take place in early Spring to ensure staff are on board by early May.

BACKGROUND
In 2019, Resolution No. 69,078-N.S. was adopted by the City Council, which increased the salaries of the Camp Staff Member, Camp Staff Leader and Camp Medical Staff Member classifications pursuant to the State of California Department of Industrial Relations Wage Order MW-2019.

In 2021, Resolution No. 69,998-N.S. was adopted by the City Council, which approved new salary rates for unrepresented employees. These new rates reflected a 4% increase effective July 25, 2021, a 3% increase effective the first full pay period in July 2022, and a 1% increase effective the first full pay period in July 2023.

Pursuant to California Labor Code Section 1182.4 and State of California Wage Order MW-2023, California law provides organized camps special labor rules allowing wages of camp staffers for each day worked rather than by the hour. Under those same laws, the City may claim a state wage credit for the value of the meals and lodging provided for each staff member to calculate the Current Wage Range (Daily Rate).

Because Berkeley Tuolumne Camp and Berkeley Echo Lake Camp are both located outside of the City of Berkeley, wages are determined by following State of California regulations, including the State of California Wage Order, which is updated periodically.

The City of Berkeley periodically updates their Salary Schedule to reflect any minimum wage updates (Last updated 2019, Resolution No. 69,078-N.S).

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Increase Wage Ranges of Seasonal Camp Staff Classifications ACTION CALENDAR February 28, 2023

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The Personnel Board discussed and voted unanimously at its February 6, 2023 meeting to send this classification and salary to the City Council for approval (Motion to Approve:

Lacey, Wenk; Vote: Bartlow, Dixon, Gilbert, O’Loughlin, Lacey, Wenk, Karpinski; Noes:

None Abstains: None).

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

RATIONALE FOR RECOMMENDATION
It has been the policy of the City to update the necessary classification and salary schedule to accommodate new duties and responsibilities, reflect programmatic changes, maintain competitive salaries and, when applicable, comply with regulatory requirements.

ALTERNATIVE ACTIONS CONSIDERED
None

CONTACT PERSON
Aram Kouyoumdjian, Director of Human Resources, (510) 981-6807 Scott Ferris, Director of Parks, Recreation & Waterfront (510) 981-6711 Attachments:

1. Resolution

2. Current Job Descriptions for Camp Staff Classifications in Unit X1

3. Organizational Chart – Parks, Recreation & Waterfront Department, Camps Program

4. Recruitment Materials

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Table 1. Proposed Camp Staff Daily Rates
Daily Rate
Employee Classification
Min Max
Camp Staff Member $80.28 $96.34
Camp Staff Leader $101.16 $115.61
Camp Medical Staff Member $101.16 $115.61
Camp Staff Supervisor $125.72 $156.07
Table 2. Comparison of resident camp rates equivalent to Camp Staff Member *Compares entry level camp staff positions, similar to Berkeley’s Camp Staff Member classification Name of Camp and
Positions
Name of position
equivalent to
Berkeley Camp Staff
Member
Step 1
Equivalent
daily rate
Last Step
Equivalent
daily rate
Assumptions
Camp Sacramento Camp Aid $38.15 $46.16
San Jose Camp Recreation
Counselor- CCI $40.00 $66.00
Camp Concord
Program Counselor
$47.76 $110.55
Range covers all
camp positions, not
just entry-level.

Berkeley Camps
(proposed) Camp Staff Member $80.28 $96.34
Oakland Feather River
Camp Program Leaders $88.33 $104.17 530/625 per week
Camp Cazadero Camp Counselor $103.33 $103.33 620 per week Camp Mather (San
Francisco) Camp Assistant $126.74 $130.34 19.03/19.57 per hr

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Table 3. Comparison of resident camp rates equivalent to Camp Staff Leader *Compares mid-level camp staff positions, similar to Berkeley’s Camp Staff Leader classification Name of Camp and
Positions
Name of position
equivalent to
Berkeley Camp Staff
Leader
Step 1
Equivalent
daily rate
Last Step
Equivalent
daily rate
Assumptions
Camp Sacramento Recreation Leader $43.87 $53.08
San Jose Camp Recreation
Counselor- CCII $40.00 $66.00
Camp Concord Program Coordinator $47.76 $110.55
Range covers all
camp positions, not
just entry-level.

Berkeley Camps
(proposed) Camp Staff Leader $101.16 $115.61
Oakland Feather River
Camp Program Specialist $108.33 $112.50 650/675 per week Camp Cazadero Dean $119.17 $119.17 715 per week
Camp Mather (San
Francisco) Recreation Leader $137.00 $210.86 20.57/31.66 per hour Table 4. Comparison of resident camp rates equivalent to Camp Staff Supervisor *Compares supervisory level camp staff positions, similar to Berkeley’s Camp Staff Supervisor classification
Name of Camp and
Positions
Name of position
equivalent to
Berkeley Camp Staff
Supervisor
Step 1
Equivalent
daily rate
Last Step
Equivalent
daily rate
Assumptions
San Jose Camp Program Director -
CCIII $66.00 $98.00
Camp Concord Assistant Camp
Director $47.76 $110.55
Range covers all
camp positions, not
just entry-level.

Camp Sacramento Camp Program
Director $84.68 $124.03
Berkeley Camps
(proposed)
Camp Staff
Supervisor $125.72 $156.07
Camp Cazadero
Office Manager,
Dining Room
Supervisor, Utility
Staff
$128.00 $136.00 16/17 per hour
Oakland Feather River
Camp Program Manager $133.33 $150.00 800/900 per week
Camp Mather (San
Francisco)
Recreation
Coordinator $218.91 $266.40 32.87/40 per hour

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Increase Wage Ranges of Seasonal Camp Staff Classifications ACTION CALENDAR February 28, 2023

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ATTACHMENT 1
RESOLUTION NO. xxxxx - N.S.

AUTHORIZING WAGE INCREASES FOR CERTAIN UNREPRESENTED CAMP CLASSIFICATION RATES IN UNIT X1, EFFECTIVE MARCH 1, 2023, AND AMENDING RESOLUTION NO. 69,998-N.S.

WHEREAS, the Human Resources Department maintains the Classification and Compensation plan for the City of Berkeley; and
WHEREAS, the Human Resources Department has completed a compensation review and recommended wage increases; and
WHEREAS, the Personnel Board recommended on February 6, 2023 to approve the wage increases for certain unrepresented camp staff classifications in Unit X1, including Camp Staff Member, Camp Staff Leader, Camp Medical Staff Member, and Camp Staff Supervisor;
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to increase the wage of the Camp Staff Member, Camp Staff Leader, Camp Medical Staff Member, and Camp Staff Supervisor as shown below, and that Resolution No. 69,998-N.S. (Salary) be amended, effective March 1, 2023:

Daily RateEmployee Classification
Min Max
Camp Staff Member $80.28 $96.34
Camp Staff Leader $101.16 $115.61
Camp Medical Staff Member $101.16 $115.61
Camp Staff Supervisor $125.72 $156.07

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1/16/23, 9:17 AM City of Berkeley - Class Speciﬁcation Bulletin https://agency.governmentjobs.com/berkeley/default.cfm?action=specbulletin&ClassSpecID=106063&headerfooter=0 1/4 Camp Staff Member
Bargaining Unit: Unrepresented Classifications
Class Code:
6014

CITY OF BERKELEY
Established Date: Oct 13, 2008
Revision Date: Oct 13, 2008

SALARY RANGE
$44.04 - $66.06 Daily
DESCRIPTION:

Note that positions in this classiﬁcation are compensated on a daily rate that includes room and board at the camp.

DEFINITION
Under close supervision and guidance interact with campers daily in the performance of one or more of the functions which are essential to the effective operation of a City Recreational Summer Camp including but not limited to administration, food service, maintenance and recreation; perform related work as required.

CLASS CHARACTERISTICS
Most staff members are assigned to a crew, working in an organized group. In addition to fulﬁlling speciﬁc job duties, all staff members interact with campers in the day or evening, serve as role models for younger campers, assist with camp administration, participate in campﬁre shows and athletic events, serve meals, and assist Camp Staff Leaders on hikes and other outings. This class is provided with room and board while at camp and is distinguished from Camp Staff Leader, which has oversight of a crew responsible for administration, food service, maintenance and recreation.

EXAMPLES OF DUTIES:

The following list of duties is intended only to describe the various types of work that may be performed and the level of technical complexity of the assignment(s) and is not intended to be an all-inclusive list of duties. The omission of a speciﬁc duty statement does not exclude it from the position if the work is consistent with the concept of the classiﬁcation, or is similar or closely related to another duty statement.

The following list of duties is intended only to describe the various types of work that may be performed, the level of technical complexity of the assignment(s) and is not intended to be an all-inclusive list of duties. The omission of a speciﬁc duty statement does not exclude it from the class if the work is consistent with the concept of the classiﬁcation or is similar or closely related to another duty statement or a logical assignment to the classiﬁcation.

Administration:

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1. Assist with the operation of the camp store; sell items and operate a cash register, balance daily receipts, maintain cleanliness, and display merchandise; may work closely with the Camp Staff Supervisor and/or a Camp Staff Leaders as a store assistant overseeing daily store management, including, but not limited to, inventory management and cash handling;

2. Type, ﬁle, and perform the camp's bookkeeping duties;

3. Perform ofﬁce administrative functions including maintaining camp records, handling mail, receives phone calls, and arranges housing for staff and campers; handle receipts for camp money and operates camp store which includes the ordering of merchandise; and

4. Perform related duties as assigned.

Food Service:

1. Assist with the preparation of a variety of food for large quantity service; may assist with food preparations for the following day's meals;

2. Set and clean tables after three family style meals per day in the dining hall; serve as liaison between cooks and campers; prepare side dishes for service; may prepare snacks or lunch bags for hikers and picnics;

3. Receive and store food items and supplies and ensures proper storage and temperature of foods for serving;

4. Clean kitchen utensils and equipment and maintains cooking area in clean and safe condition; sweep and mop kitchen or dining area; and

5. Perform related duties as assigned.

Maintenance:

1. Clean and maintain all camp facilities, including bathrooms and dish washing areas; remove and dispose or recycle garbage and other material; move luggage; make miscellaneous camp repairs; ensure overall camp cleanliness; assist with the upkeep of the maintenance shed, maintenance vehicles, tool use and inventory; and

2. Perform related duties as assigned.

Recreation:

1. Assist Camp Staff Leaders with day and evening programs;

2. Care for and supervise children of various age groups in arts and crafts such as painting, coloring, storytelling, music, athletics, swimming parties, nature projects, and campﬁres;

3. Interact with and serve as a role model for campers, and participate in campﬁre shows and athletic events; may ofﬁciate camp athletic events; instruct table tennis, softball, volleyball, basketball soccer and other camper team sports; assist with tournaments for all ages, including posting results and awarding trophies; clean and maintain all athletic facilities and surrounding areas, including monitoring equipment needs and making recommendations for replacement of equipment;

4. Assist in the operation and daily supervision of the swim areas; lifeguard and supervise recreational swimming; maintain water safety equipment and pool chairs; give group- swimming lessons, and assist with other water activities;

5. Assist with organizing and leading camper nature hikes and programs in surrounding areas; and

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6. Perform related duties as assigned.

KNOWLEDGE AND ABILITIES:

Note: The level and scope of the knowledge, skills and abilities listed below are related to job duties as deﬁned under Class Characteristics. Some positions may require unique knowledges, skills and abilities essential to the successful performance of that position.

Knowledge of:

1. Kitchen sanitation and methods of care and cleaning of kitchen equipment; and basic safety procedures as applied to food preparation and cooking;

2. Basic business arithmetic and record keeping procedures; bookkeeping, retail and cash handling methods and procedures;

3. Techniques and materials used in the maintenance and repair of camp facilities, roadways, drainage systems and related facilities;

4. Operation and maintenance of a wide variety of hand tools and equipment common to the ﬁeld;

5. Safe work methods and safety regulations pertaining to the work;

6. Sports rules and regulations, basic hiking, outdoor safety awareness, and an appreciation of the environment; and

7. Child care practices.

Skill in and ability to:

1. Prepare and cook large quantities of foods for varied meals; observe kitchen safety practices; maintain clean and sanitary kitchen utensils, equipment and cooking areas and clean safety practices;

2. Perform arithmetic calculations;

3. Follow oral and written instructions, exercise good judgment and state and enforce camp rules;

4. Establish and maintain effective working relationships with those contacted in the course of the work, communicate courteously and effectively with other camp staff members and relate well with campers in all age groups and the public;

5. Control small groups of children; and

6. Drive camp vehicles.

MINIMUM QUALIFICATIONS:

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MINIMUM QUALIFICATIONS
Completion of the sophomore year of High School, 16 years of age, plus some organized recreational or educational program related to coaching children. Familiarity with city recreational camp program is desirable.

Must be willing to begin work early in the morning and work a very ﬂexible schedule. When driving on City (camp) business, maintenance of a valid California driver's license and satisfactory driving record is required. Some positions must be able to lift up to 50 lbs.; some positions must have current Senior Lifesaving certiﬁcation. Previous childcare experience is desirable. Previous life guarding and instruction experience is desirable for some positions in recreation.

California Education Code Section 10911.5 requires that all public recreation program employers must ﬁngerprint all persons having direct contact with a minor. The City does not hire persons who have been convicted of felony drug, sexual assault or physical assault crimes.

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CITY OF BERKELEY
Established Date: Oct 13, 2008
Revision Date: Oct 13, 2008

SALARY RANGE
$66.06 - $99.09 Daily
DESCRIPTION:

Note that positions in this classiﬁcation are compensated on a daily rate that includes room and board at the camp.

DEFINITION
Under supervision interact with campers daily and oversee a small crew in the performance of one or more of the functions which are essential to the effective operation of a City Recreational Summer Camp including but not limited to; food service, maintenance and recreation; perform related work as required.

CLASS CHARACTERISTICS
Camp Staff Leaders are responsible for supplies and cleanliness in their areas and programs.

In addition to fulﬁlling speciﬁc job duties, all staff members interact with campers in the day or evening, serve as role models for campers, participate in campﬁre shows and athletic events, serve meals, and lead hikes and other outings. Some staff may oversee a small crew, working in an organized group. This class is provided with room and board while at camp and is distinguished from Camp Staff Supervisor, which has oversight of administration, recreation activities, and food services.

EXAMPLES OF DUTIES:

Food Service

1. Prepare, cook and provide a variety of food for large quantity service; make necessary food preparations for the following day's meals;

2. Assign efﬁcient and equitable kitchen staff schedules; direct the day-to-day work assignments in support of camp program activities;

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3. Oversee the timely service of food and serves food portions at mealtimes; and

4. Set and clean tables after three family-style meals per day in the dining hall; serve as liaison between cooks and campers; prepare side dishes for service; maintain inventory of supplies;
Maintenance:

1. Supervise crews in the maintenance of all camp facilities, including bathrooms and dish washing areas; ensure the proper disposal or recycling of garbage and other material;

2. Oversee camp repairs; inspect camp for cleanliness and direct staff to correct problem areas; and

3. Supervise activities in the maintenance shed, maintenance vehicles, tool use and inventory; may serve as backup for the safe operation of the water treatment system; Recreation:

1. Interact with and serve as a role model for campers, and participate in campﬁre shows and athletic events; may ofﬁciate camp athletic events; instruct table tennis, softball, volleyball, basketball soccer and other camper team sports; assist with tournaments for all ages, including posting results and awarding trophies; clean and maintain all athletic facilities and surrounding areas, including monitoring equipment needs and making recommendations for replacement of equipment; create and oversee childcare or youth-speciﬁc activities;

2. Serve as lead to Camp Staff Members in all recreation activities;

3. Care for and supervise children of various age groups in arts and crafts such as painting, coloring, storytelling, music, athletics, swimming parties, nature projects, and campﬁres;

4. Organize and lead camper nature hikes in surrounding areas;

5. Establish and maintain day and evening programs for campers;

6. Supervise the swim areas and serve as lifeguard and supervise recreational swimming; maintain water safety equipment and pool chairs; may give group-swimming lessons, assist with water-related activities; and

7. Perform related duties as assigned.

KNOWLEDGE AND ABILITIES:

Knowledge of

1. Principles and methods of food preparation and cooking in large quantities; kitchen sanitation and methods of care and cleaning of kitchen equipment; and basic safety procedures as applied to food preparation and cooking;

2. Techniques of supervision including planning, assigning and monitoring work and in evaluation of assigned staff;

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3. Basic business arithmetic and record keeping procedures; bookkeeping, retail and cash handling methods and procedures;

4. Techniques and materials used in the maintenance and repair of camp facilities, roadways, drainage systems and related facilities;

5. Operation and maintenance of a wide variety of hand tools and equipment common to the ﬁeld;

6. Safe work methods and safety regulations pertaining to the work;

7. Sports rules and regulations; hiking, outdoor safety awareness, and an appreciation of the environment; and

8. Child care practices and programs;
Skill in and ability to:

1. Lead a small crew in camp related functions;

2. Prepare and cook large quantities of foods for varied meals; observe kitchen safety practices; maintain clean and sanitary kitchen utensils, equipment and cooking areas and clean safety practices; and plan ahead to ensure low costs of the food service program;

3. Perform arithmetic calculations to determine ingredient portions;

4. Follow oral and written instructions;

5. Establish and maintain effective working relationships with those contacted in the course of the work.

6. Communicate courteously and effectively with other camp staff members and relate well with campers in all age groups and the public;

7. Exercise good judgment;

8. Control small groups of children;

9. Drive camp vehicles as required; and

10. State and enforce camp rules.

MINIMUM QUALIFICATIONS:

MINIMUM QUALIFICATIONS
Completion of the junior year of High School, 17 years of age plus experience in an organized recreational or educational program related to coaching children; or experience in general maintenance, food service procedures including basic cooking. Familiarity with city recreational family camp programs is desirable.

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1/16/23, 9:18 AM City of Berkeley - Class Speciﬁcation Bulletin https://agency.governmentjobs.com/berkeley/default.cfm?action=specbulletin&ClassSpecID=106064&headerfooter=0 4/4 instruction experience is desirable for some positions in recreation. Previous childcare experience desirable. Experience in large-scale food preparation and cooking is desirable for some positions in the camp kitchen/dining room.

California Public Resources Code Section 5164 prohibits the hiring of a person for employment at a park or recreational facility in a position having supervisory or disciplinary authority over any minor if the person has been convicted of certain criminal offenses.

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1/16/23, 9:18 AM City of Berkeley - Class Speciﬁcation Bulletin https://agency.governmentjobs.com/berkeley/default.cfm?action=specbulletin&ClassSpecID=106066&headerfooter=0 1/3 Camp Medical Staff
Member
Bargaining Unit: Unrepresented Classifications
Class Code:
6012

CITY OF BERKELEY
Established Date: Oct 13, 2008
Revision Date: Oct 13, 2008

SALARY RANGE
$66.06 - $99.09 Daily
DESCRIPTION:

Note that positions in this classiﬁcation are compensated on a daily rate that includes room and board at the camp.

DEFINITION
Under general supervision, provides medical care to City Recreational Summer Camp staff members and campers; takes appropriate action in medical emergencies; performs related work as assigned.

CLASS CHARACTERISTICS
This class provides direct medical services including assessments, examinations, and treatment planning. This class is provided with room and board while at camp and is distinguished from the Public Health Nurse in that the latter has broader responsibilities in the areas of disease prevention, health promotion and the alleviation of conditions adversely affecting the health and safety conditions of individuals, families and the community.

EXAMPLES OF DUTIES:

1. Provides ﬁrst responder medical emergency response at the basic life support level, including initial patient and situation assessment, cardio pulmonary resuscitation, and trauma emergency medical care;

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2. Identiﬁes staff and camper health needs; provides appropriate medical treatment for staff and campers with illnesses, injuries or special medical needs;

3. May refer individuals and families to appropriate medical care;

4. Coordinates camp clinic services with private, public and voluntary health services;

5. Follows nursing care plans for camp patients and evaluates the needs of patients;

6. Prepares and maintains daily, detailed documentation of patient visits and referrals; conducts weekly inventory of medical supplies and medications;

7. Initiates preventive and rehabilitative nursing procedures appropriate to the patient's care and safety;

8. Maintains current knowledge of matters affecting patient care and clinic services and recommends policy and procedural improvements to City management; and

9. Performs related duties as assigned.

KNOWLEDGE AND ABILITIES:

Note: The level and scope of the knowledges, skills and abilities listed below are related to job duties as deﬁned under Class Characteristics.

Knowledge of:

1. Principles and practices of nursing and paramedical procedures, including medical terminology and clinical routines and equipment;

2. Principles and practices of health maintenance and illness prevention and the effect of physical, social and emotional environments on health;

3. Basic principles and practices of emergency medical care at the basic life support level;

4. Anatomy, physiology, chemistry, pharmacology, growth and development, and nutrition;

5. Principles and techniques of history taking and patient teaching and counseling;

6. Community medical and social agencies and resources;

7. Principles and techniques of drug administration and its affect on patients; and

8. Communicable disease control.

Skill in and ability to:

1. Perform medical assessments, identify medical, social and emotional problems and prepare nursing care plans and/or make appropriate referrals;

2. Perform ﬁrst aid, give injections, and perform other skilled services;

3. Remain calm; make sound decisions, and respond appropriately in emergency situations;

4. Prepare and maintain organized, detailed and accurate records of camp patient visits and ﬁndings;

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5. Apply teaching principles and provide patient education and counseling; and

6. Establish and maintain effective working relationships with camp staff, physicians, patients, and families.

MINIMUM QUALIFICATIONS:

MINIMUM QUALIFICATIONS
Must be either licensed as a Registered Nurse in California or possess current certiﬁcation in basic life support as an Emergency Medical Technician Level I.

Must be willing to work on-call while camp is in session. When driving on City (camp) business, maintenance of a valid California driver's license and satisfactory driving record is required.

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Supervisor
Bargaining Unit: Unrepresented Classifications
Class Code:
6015

CITY OF BERKELEY
Established Date: Oct 13, 2008
Revision Date: Oct 13, 2008

SALARY RANGE
$99.09 - $143.13 Daily
DESCRIPTION:

Note that positions in this classiﬁcation are compensated on a daily rate that includes room and board at the camp.

DEFINITION
Under general supervision, interact with campers and supervise the daily operation of a department in one or more of the functions that are essential to the effective operation of a City Recreational Summer Camp including but not limited to; administration, food service and recreation; perform related work as required.

CLASS CHARACTERISTICS
At this level incumbents typically supervise an administration or food service department. In addition to fulﬁlling speciﬁc job duties, camp supervisors interact with campers and staff in the day or evening and serve as role models for campers. This class is provided with room and board while at camp and is distinguished from the Camp Manager, which has oversight of all camp functions.

EXAMPLES OF DUTIES:

Administration:

1. Supervise the cashier and accounts for all cash in the operation of the camp store; operate a cash register, balance receipts, maintain cleanliness, and may assist in the display merchandise; work closely with the Camp Manager in the oversight of the store management, including, but not limited to, inventory management and cash handling;

2. Prepare reports, coordinate staff assignments, evaluate staff, order supplies and maintain inventory control; and

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3. Coordinate and supervise the camper registration and cabin allocation process.

Food Service:

1. Prepare work schedules for kitchen and dining room staff; direct the work assignments in support of food service program; make orders for food delivery and ensure dining halls are fully supplied; keep records and prepare reports;

2. Plan large-quantity wholesome, well-balanced meals; ensure proper cooking times, approve weekly menus and may serve food portions at mealtimes;

3. Direct and assist in cleaning the kitchen, equipment and food storage facilities; maintain safety and sanitation including daily garbage disposal; may sweep and mop ﬂoors;

4. Serve as the chief cook in charge of evaluating and training kitchen and dining room staff; and

5. Perform related duties as assigned.

Recreation:

1. Supervise the development and implementation of the recreational programs, and youth- related activities;

2. Supervise Camp Staff Leaders and Members in all recreation activities;

3. Interact with and serve as a role model for campers, and participate in campﬁre shows and athletic events; may ofﬁciate camp athletic events; assist with tournaments for all ages; supervise the maintenance of all athletic ﬁelds and surrounding areas, including monitoring equipment and supply levels and ordering replacement equipment and supplies;

4. Establish and maintain day and evening programs for campers;

5. Supervise staff responsible for the swim areas and recreational swimming programs and facilities; and

6. Perform related duties as assigned.

KNOWLEDGE AND ABILITIES:

Knowledge of:

1. Techniques of supervision including planning, assigning and monitoring work and in evaluation of assigned staff;

2. Principles and methods of food preparation and cooking in large quantities; kitchen sanitation and methods of care and cleaning of kitchen equipment; and basic safety procedures as applied to food preparation and cooking;

3. Basic business arithmetic and record keeping procedures; bookkeeping, retail and cash handling methods and procedures;

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4. Computer applications and software used to track camp usage with standard desktop applications such as Microsoft Word, Microsoft Excel, camp tracking databases, and related software programs and systems; and

5. Safe work methods and safety regulations pertaining to the work.

Skill in and ability to:

1. Supervise, plan, direct and review the work of a support staff;

2. Prepare clear, concise and complete reports and other written materials, and maintain accurate records and ﬁles;

3. Exercise sound independent judgment within established guidelines;

4. Prepare and cook large quantities of foods for varied meals; observe kitchen safety practices; maintain clean and sanitary kitchen utensils, equipment and cooking areas and clean safety practices; and plan ahead to ensure low costs of the food service program;

5. Establish and maintain effective working relationships with those contacted in the course of the work.

6. Communicate courteously and effectively with other camp staff members and relate well with campers in all age groups and the public;

7. Exercise good judgment;

8. Control small groups of children;

9. Drive camp vehicles; and

10. State and enforce camp rules.

MINIMUM QUALIFICATIONS:

MINIMUM QUALIFICATIONS
Completion of High School and two years of experience in 1) commercial, institutional, or related volume food preparation; or 2) supervising organized recreational or educational programs; or 3) an administrative, retail or cash-handling occupation. Familiarity with city recreational camp programs is desirable. Valid food handler's license is required for food service assignments.

Previous camp experience is desirable. Experience in large-scale food preparation as a cook is highly desirable for supervisory positions in the camp kitchen.

California Education Code Section 10911.5 requires that all public recreation program employers must ﬁngerprint all persons having direct contact with a minor. The City does not

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City of Berkeley
Parks, Recreation & Waterfront Department
Recreation Division

CAMPS PROGRAM ORGANIZATION CHART
Recreation Program
Supervisor
(Career, Benefitted)
Camps
Camp Manager
(Career, Benefitted)
Tu o lu mn e C amp
Camp Staff Supervisor
(Daily, Non-Benefitted)
Kitchen/Dining Hall
Camp Staff Leader
(Daily, Non-Benefitted)
x8
Camp Staff Member
(Daily, Non-Benefitted)
x18
Camp Staff Supervisor
(Daily, Non-Benefitted)
Recreation
Camp Staff Leader
(Daily, Non-Benefitted)
x3
Camp Staff Member
(Daily, Non-Benefitted)
x16
Camp Staff Supervisor
(Daily, Non-Benefitted)
Admin/Maintenance
Camp Staff Leader
(Daily, Non-Benefitted)
x3
Camp Staff Member
(Daily, Non-Benefitted)
x9
Camp Manager
(Career, Benefitted)
Echo Lake Camp
Camp Staff Supervisor
(Daily, Non-Benefitted)
Kitchen/Dining Hall
Camp Staff Leader
(Daily, Non-Benefitted)
x3
Camp Staff Member
(Daily, Non-Benefitted)
x11
Camp Staff Supervisor
(Daily, Non-Benefitted)
Recreation
Camp Staff Leader
(Daily, Non-Benefitted)
x2
Camp Staff Member
(Daily, Non-Benefitted)
x23
Camp Staff Supervisor
(Daily, Non-Benefitted)
Admin/Maintenance
Camp Staff Leader
(Daily, Non-Benefitted)
x4
Camp Staff Member
(Daily, Non-Benefitted)
x7

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CONSENT CALENDAR
February 28, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Liam Garland, Director, Department of Public Works Subject: Final Map of Tract 8573: 2628 Shattuck Avenue

RECOMMENDATION
Adopt a Resolution approving the final map of Tract Map 8573 for an 81-unit condominium project consisting of 78 residential units and 3 commercial units at 2628 Shattuck Avenue.

FISCAL IMPACTS OF RECOMMENDATION
There is no cost to the City. The applicant paid the appropriate fees with the submission of their tract map application.

CURRENT SITUATION AND ITS EFFECTS
The Planning Commission approved the tentative map on January 6, 2021, and that map is valid for 24 months from the approval date. Prior to the sale of any condominium units, state law and City Ordinances require the owner to submit a final map to City Council for approval. The owner duly submitted a final map for this project within the required 24-month timeframe and is now seeking Council approval.

BACKGROUND
On January 6, 2021, the Planning Commission voted to approve the application of K&M South Berkeley LLC (owner of the 2628 Shattuck Avenue property) for an 81-unit condominium project as described above.

Section 21.20.100 of the Berkeley Municipal Code requires City Council approval of all final map subdivisions. In addition, pursuant to Section 66474.1 of Division 2 of the Government Code, a legislative body must approve such a final map if it finds it to be in substantial compliance with the approved tentative map.

All conditions of approval have been completed to the satisfaction of the Public Works Department and the Planning and Development Department. Engineering Division staff have examined the final map, and determined it to be in substantial compliance with the approved tentative map.

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Final Map of Tract 8573: 2628 Shattuck Avenue CONSENT CALENDAR February 28, 2023

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The final map is meant to provide a record of the underlying property survey, and does not constitute approval of a proposed or existing structure upon the property. Separate action is required for this approval, which has been obtained by virtue of use permits and buildings permits.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
This project complies with the California Green Building Standards Code (CALGreen).

CALGreen is California’s green building code to improve public health, safety, and general welfare through enhanced design and construction of buildings utilizing concepts which promote a positive environmental impact and sustainable construction practices. In addition, the site utilizes flow-through planters and media filter to treat stormwater as required by section C.3 of the Municipal Regional Stormwater NPDES (National Pollutant Discharge Elimination System) permit.

RATIONALE FOR RECOMMENDATION
Pursuant to Section 66474.1 of Division 2 of the Government Code, the City Council must approve the final map if it finds it to be in substantial compliance with the approved tentative map. Staff has reviewed the map and finds it to be in substantial compliance with the tentative map.

ALTERNATIVE ACTIONS CONSIDERED
No other alternative course of action is recommended.

CONTACT PERSON
Joseph Enke, Manager of Engineering, Engineering Division (510) 981-6411 Ron Nevels, Supervising Civil Engineer, Engineering Division (510) 981-6439 Vincent Chen, Associate Civil Engineer, Engineering Division (510) 981-6409 Attachment:
1: Resolution
Exhibit A: Tract Map 8573

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

FINAL MAP OF TRACT 8573: 2628 SHATTUCK AVENUE, BERKELEY WHEREAS, the Zoning Adjustments Board approved Use Permit No. ZP2018-0050 on January 24, 2019 to construct a six-story mixed-use building with 78 dwelling units and 3 commercial units; and
WHEREAS, the Berkeley Planning Commission has determined that the tentative map of Tract 8573 conforms to the requirements of the City’s subdivision Ordinance, and the California Subdivision Map Act, and approved the tentative map of Tract 8573 on January 6, 2021; and
WHEREAS, the Public Works Department and the Planning and Development Department have certified that the final map of Tract 8573 substantially conforms to the conditionally approved tentative map, as required by the California Subdivision Map Act.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the final map of Tract 8573 (Exhibit A) for an 81-unit condominium project consisting of 78 residential units and 3 commercial units at 2628 Shattuck Avenue, Berkeley, is hereby approved.

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Exhibit A: Tract Map 8573

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RECOMMENDATION
Adopt a Resolution approving the final map of Tract Map 8626 for a 49-unit condominium project consisting of 48 residential units and one commercial unit at 2023- 2025 Kala Bagai Way.

FISCAL IMPACTS OF RECOMMENDATION
There is no cost to the City. The applicant paid the appropriate fees with the submission of their tract map application.

CURRENT SITUATION AND ITS EFFECTS
The Planning Commission approved the tentative map on January 19, 2022, and that map is valid for 24 months from the approval date. Prior to the sale of any condominium units, state law and City Ordinances require the owner to submit a final map to City Council for approval. The owner duly submitted a final map for this project within the required 24-month timeframe, and is now seeking Council approval.

BACKGROUND
On January 19, 2022, the Planning Commission voted to approve the application of Mevlanarumi LLC (owner of the 2023-2025 Kala Bagai Way property) for a 49-unit condominium project as described above.

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Final Map of Tract 8626: 2023-2025 Kala Bagai Way CONSENT CALENDAR February 28, 2023

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ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
This project complies with the California Green Building Standards Code (CALGreen).

CALGreen is California’s green building code to improve public health, safety, and general welfare through enhanced design and construction of buildings utilizing concepts which promote a positive environmental impact and sustainable construction practices. In addition, the site directs roof runoff onto vegetated areas as recommended for a project of this size by section C.3i of the Municipal Regional Stormwater NPDES (National Pollutant Discharge Elimination System) permit.

ALTERNATIVE ACTIONS CONSIDERED
No other alternative course of action is recommended.

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

FINAL MAP OF TRACT 8626: 2023-2025 KALA BAGAI WAY, BERKELEY WHEREAS, the Zoning Adjustments Board approved Use Permit No. ZP2019-0041 on July 13, 2020 to construct a seven-story mixed-use building with 48 residential units (including 4 units available to very-low-income households) and one ground floor commercial unit; and
WHEREAS, the Berkeley Planning Commission has determined that the tentative map of Tract 8626 conforms to the requirements of the City’s subdivision Ordinance, and the California Subdivision Map Act, and approved the tentative map of Tract 8626 on January 19, 2022; and
WHEREAS, State law governs the percentage and pricing of affordable units for rental and for-sale projects that take advantage of Density Bonus (Government Code section 65915 et seq.), which differs and overlaps with local inclusionary housing requirements, and the project will remain subject to all applicable local and State provisions during the rental phase and during the for-sale phase of the development; and WHEREAS, the Public Works Department and the Planning and Development Department have certified that the final map of Tract 8626 substantially conforms to the conditionally approved tentative map, as required by the California Subdivision Map Act.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the final map of Tract 8626 for a 49-unit condominium project consisting of 48 residential units and one commercial unit at 2023-2025 Kala Bagai Way, Berkeley, is hereby approved.

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OWNER'S STATEMENT

THE UNDERSIGNED HEREBY STATES THAT MEVLARARUMI, LLC IS THE OWNER OF THE LAND

DELINEATED AND EMBRACED WITHIN THE EXTERIOR BOUNDARY LINES ON THE HEREIN EMBODIED MAP ENTITLED TRACT MAP 8626, BERKELEY, ALAMEDA COUNTY, CALIFORNIA; THAT

SAID OWNER ACQUIRED TITLE TO SAID LAND BY VIRTUE OF THE DEED RECORDED NOVEMBER 20, 2018 UNDER SERIES NO. 2018-222223, RECORDS OF ALAMEDA COUNTY, CALIFORNIA, THAT SAID OWNER CONSENTS TO THE PREPARATION OF AND FILING OF THIS MAP.

MEVLANARUMI LLC, A CALIFORNIA LIMITED LIABILITY COMPANY

YOLA OZTURK, MANAGER BORA OZTURK, MANAGER

OWNER'S ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA

COUNTY OF ALAMEDA
ON ________ BEFORE ME, ______________ _

A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED YOLA OZTURK AND

BORA OZTURK, WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE

PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED

TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY

THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS, OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED, EXECUTED THE INSTRUMENT.

I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.

SIGNATURE OF NOTARY PUBLIC: ___________ _
PRINTED NAME OF NOTARY: ____________ _
PRINCIPAL PLACE OF BUSINESS:

COMMISSION EXPIRES:

COMMISSION NUMBER:

SURVEYOR'S STATEMENT

THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A FIELD

SURVEY IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT THE REQUEST OF OLIVER DAVIS IN AUGUST OF 2021. I HEREBY STATE

THAT THIS MAP SUBSTANTIALLY CONFORMS TO THE APPROVED OR CONDITIONALLY APPROVED TENTATIVE MAP, IF ANY. I HEREBY STATE THAT THE MONUMENTS ARE OF THE CHARACTER AND OCCUPY THE POSITIONS INDICATED, OR THAT THEY WILL BE SET BEFORE JUNE 30, 2023, AND THAT THE MONUMENTS ARE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED.

JAMES S. MORAN, LS 7881
DATE: ________ _

CITY ENGINEER'S STATEMENT

I HAVE EXAMINED THIS MAP AND THE SUBDIVISION AS SHOWN IS SUBSTANTIALLY

THE SAME AS IT APPEARS ON THE TENTATIVE MAP (IF ANY) AND APPROVED ALTERATIONS THEREOF. THIS MAP CONFORMS TO THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCES. I AM SATISFIED THAT THIS MAP IS TECHNICALLY CORRECT.

JOSEPH ENKE, R.C.E. 49027, P.L.S. 7169

CITY ENGINEER

CITY OF BERKELEY
DATED: ________ _

TRACT MAP

BENEFICIARY'S STATEMENT
THE UNDERSIGNED, AS BENEFICIARY OF THE DEED OF TRUST RECORDED NOVEMBER 19, 2021, UNDER SERIES NUMBER 2021-376809, OFFICIAL RECORDS OF ALAMEDA COUNTY,

CALIFORNIA, DOES HEREBY JOIN IN AND CONSENT TO THE EXECUTION OF THE FOREGOING

OWNER'S STATEMENT AND TO THE PREPARATION AND FILING OF THIS MAP AND ALL DEEDINGS AND DEDICATIONS THEREON.

BANK OF MARIN
NAME: NAME:

TITLE: TITLE:

BENEFICIARY'S ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF _______ _
COUNTY OF _______ _
ON ________ BEFORE ME, ______________ _

A NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE, PERSONALLY APPEARED

WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S)

WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED

TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED

CAPACITY(IES), AND BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE

PERSON(S), OR THE ENTITY(IES) UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT.

I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.

WITNESS MY HAND:
(SIGNATURE OF NOTARY PUBLIC): ____________ _
PRINTED NAME OF NOTARY: ______________ _
PRINCIPAL PLACE OF BUSINESS: _____________ _
COMMISSION EXPIRES: ________________ _

CITY CLERK'S STATEMENT

I, MARK NUMAINVILLE, CITY CLERK AND CLERK OF THE COUNCIL OF THE CITY OF

BERKELEY, COUNTY OF ALAMEDA, STATE OF CALIFORNIA, DO HEREBY STATE THAT THE HEREIN EMBODIED MAP ENTITLED TRACT MAP 8626, BERKELEY, ALAMEDA

COUNTY, CALIFORNIA WAS PRESENTED TO THE COUNCIL OF THE CITY OF BERKELEY

AT A MEETING THEREOF, HELD ON

THAT SAID COUNCIL, BY RESOLUTION NUMBER
DID APPROVE SAID MAP:

THAT SAID COUNCIL FINDS THAT THE ZONING OF THIS PROPERTY PERMITS THIS USE AND THE SALE OF INDIVIDUAL UNITS WILL BE PERMITTED.

DATE: _______ _

MARK NUMAINVILLE, CITY CLERK AND

CLERK OF THE COUNCIL OF THE CITY OF BERKELEY

CLERK OF THE BOARD OF SUPERVISORS

STATEMENT

I, ANIKA CAMPBELL-BELTON, CLERK OF THE BOARD OF SUPERVISORS OF THE

COUNTY OF ALAMEDA, STATE OF CALIFORNIA, DO HEREBY STATE THAT

CERTIFICATES HAVE BEEN FILED AND DEPOSITS HAVE BEEN MADE IN CONFORMANCE WITH THE REQUIREMENTS OF SECTION 66492 AND 66493 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA.

DATE: _______ _

ANIKA CAMPBELL-BEL TON

CLERK OF THE BOARD OF SUPERVISORS,

COUNTY OF ALAMEDA, STATE OF CALIFORNIA
BY: ______________ _

DEPUTY COUNTY CLERK

RECORDER'S STATEMENT
FILED THIS ____ DAY OF ______ , 2023, AT ___ M. IN BOOK OF MAPS, PAGES ____ , AT THE REQUEST OF OLD REPUBLIC TITLE COMPANY.

FEE: ____ INSTRUMENT NO.: ________ _
A
FOR

MELISSA WILK

COUNTY RECORDER
BY: ____________ _

DEPUTY COUNTY RECORDER
OWNER/SUBDIVIDER:

MEVLANARUMI, LLC
c/o MARCH CAPITAL FUND
2040 WEBSTER STREET
SAN FRANCISCO, CA 94115

ONE LOT SUBDIVISION

CONDOMINIUM PURPOSES
A PORTION OF LOTS 24, 25 AND 26, TERMINAL TRACT (3 M

CITY OF BERKELEY, COUNTY OF ALAMEDA, CALIFORNIA
DECEMBER 2022
MORAN ENGINEERING, INC.

CIVIL ENGINEERS \ LAND SURVEYORS
1930 SHATTUCK AVENUE, SUITE A
BERKELEY, CALIFORNIA 94704
(510) 848-1930
F.B. 1705, 1844, 1845 KALA BAGAI-TM.DWG JOB NO. 21-10094 T.M. 8626
11)
APN 057-2034-008 SHEET 1 OF 2
Exhibit A: Tract Map 8626

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RECOMMENDATION
Adopt a Resolution approving the final map of Tract Map 8490 for a 15-unit condominium project consisting of 10 residential units, 4 live/work units, and one commercial unit and to merge 2 existing parcels at 739 Channing Way.

FISCAL IMPACTS OF RECOMMENDATION
There is no cost to the City. The applicant paid the appropriate fees with submission of their tract map application.

CURRENT SITUATION AND ITS EFFECTS
The Planning Commission approved the tentative map on September 4, 2019, and that map is valid for 24 months from the approval date. In addition, Assembly Bill 1561 grants an 18-month time extension to housing entitlements, including qualifying tentative maps. The tentative map for this project qualifies for the extension under Assembly Bill 1561. Prior to the sale of any condominium units, state law and City Ordinances require the owner to submit a final map to City Council for approval. The owner duly submitted a final map for this project within the required timeframe, and is now seeking Council approval.

BACKGROUND
On September 4, 2019, the Planning Commission voted to approve the application of East Bay Channing Way, LLC (owner of the 739 Channing Way property) for a 15-unit condominium project as described above.

All conditions of approval have been completed to the satisfaction of the Public Works Department and the Planning and Development Department including the requirement

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Final Map of Tract 8490: 739 Channing Way CONSENT CALENDAR February 28, 2023

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for a parcel merger which is accomplished by the recording of this tract map.

Engineering Division staff have examined the final map, and determined it to be in substantial compliance with the approved tentative map.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
This project complies with the California Green Building Standards Code (CALGreen).

CALGreen is California’s green building code to improve public health, safety, and general welfare through enhanced design and construction of buildings utilizing concepts which promote a positive environmental impact and sustainable construction practices. In addition, the site utilizes permeable pavers in the uncovered parking lot as recommended by section C.3i of the Municipal Regional Stormwater NPDES (National Pollutant Discharge Elimination System) permit.

ALTERNATIVE ACTIONS CONSIDERED
No other alternative course of action is recommended.

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

FINAL MAP OF TRACT 8490: 739 CHANNING WAY, BERKELEY
WHEREAS, the Zoning Adjustments Board approved Use Permit No. ZP2017-0039 on October 26, 2017 to construct three detached, three-story mixed-use buildings with 10 residential units, 4 Arts and Crafts live/work units, one commercial office unit, and 16 off- street parking spaces on a vacant lot; and
WHEREAS, a parcel merger is required to construct this project such that no building straddles a property line; and
WHEREAS, the Berkeley Planning Commission has determined that the tentative map of Tract 8490 conforms to the requirements of the City’s subdivision Ordinance, and the California Subdivision Map Act, and approved the tentative map of Tract 8490 on September 4, 2019; and
WHEREAS, the Public Works Department and the Planning and Development Department have certified that the final map of Tract 8490 substantially conforms to the conditionally approved tentative map, as required by the California Subdivision Map Act.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the final map of Tract 8490 for a 15-unit condominium project consisting of 10 residential units, 4 live/work units and one commercial unit and to merge 2 existing parcels at 739 Channing Way, Berkeley, is hereby approved.

Exhibit A: Tract Map 8490

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Exhibit A: Tract Map 8490

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Office of the City Attorney

CONSENT CALENDAR
February 28, 2023
To: Honorable Mayor and Members of the City Council
From: Farimah Brown, City Attorney
Liam Garland, Director of Public Works
Submitted by: Sara Stephens, Deputy City Attorney
Liam Garland, Director of Public Works
Subject: Bauman lease termination and settlement of balance due

RECOMMENDATION
Adopt a resolution authorizing the City Manager to execute a lease termination agreement with Bauman Wellness (“Bauman”) for its tenancy at 1007 University Ave., including a bill of sale transferring all of Bauman’s assets remaining in the leased premises to City ownership, and a mutual waiver of claims.

FISCAL IMPACTS OF RECOMMENDATION
Bauman owes the City $180,428.92 in unpaid rent during its tenancy, which it is unable to pay. The lease termination provides that Bauman will make a one-time payment of $19,000 to the City and transfer all of its trade fixtures and other personal property that would not already revert to City ownership at lease termination. The estimated in-place value of these items is $16,030. Additionally, the City will retain Bauman’s security deposit of $17,020. Together, the City will receive a total value of $52,050, and agree to forego the remaining $130,378.92 of unpaid rent which Bauman states it is unable to pay. The City will also avoid potential litigation costs associated with demanding the entire balance due. The one-time payment from this lease termination agreement will be deposited into the Public Works Department General Fund (011) revenue budget.

CURRENT SITUATION AND ITS EFFECTS
During its tenancy, Bauman has operated a cooking school and provided training programs in nutrition and wellness, and has installed commercial kitchen equipment in the leased premises. On July 7, 2022, Bauman provided notice that it was terminating its lease, effective August 31, 2022. In its termination letter, Bauman stated a desire to negotiate an agreement with the City to satisfy its unpaid rent obligation, which was due, in part, to financial difficulties caused by COVID-19. Bauman offered to pay

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Bauman lease termination and settlement of balance due CONSENT CALENDAR February 28, 2023
$19,000 in cash and transfer of all of the organization’s leasehold improvements, fixtures, equipment, and furnishings (“Assets”).

The most valuable Assets already revert to City ownership at the termination of the lease. Bauman’s lease provides that, unless the City requires Bauman to remove the improvements, “all Lessee Owned Alterations and Utility Installations shall, at the expiration or termination of this Lease, become the property of Lessor and be surrendered by Lessee with the Premises.” Thus, the true value of the offer by Bauman is the value of the Trade Fixtures and other personal property, which would not revert to City ownership at termination of the lease. Trade Fixtures are defined as “Lessee’s machinery and equipment that can be removed without doing material damage to the Premises.”
According to an appraisal commissioned by Public Works on December 7, 2022, the in- place value of Bauman’s Trade Fixtures and other personal property equals $16,030. In addition, Bauman provided a $17,020 security deposit at the beginning of its lease, which the City can apply to the balance due as well.

Public Works is aware of a number of organizations and programs that are interested in using Bauman’s former commercial kitchen space and its Assets, including Meals on Wheels, Berkeley Food Network, and Bread Project. Because of this demand and the value of the Assets that exceeds the unpaid rent, Public Works and the City Manager’s Office support this settlement.

BACKGROUND
The City of Berkeley purchased 1001-1007 University Ave. in April 2017, where Institute for Educational Therapy, d/b/a Bauman Wellness (formerly Bauman College) was an existing tenant. The lease in effect at the time, which was assigned to the City, commenced February 1, 2011 and expired January 31, 2021, with two 5-year options to extend. Bauman did not exercise its option in writing, and the most recent status of the lease was therefore in holdover. For a number of reasons, there were significant delays bringing the term sheet for a lease amendment to closed session. Thus, the effective lease during Bauman’s entire tenancy was the original lease assigned to the City in 2017. The rental rate was at or above market value, which became unaffordable for Bauman, a nonprofit organization. Bauman’s monthly rent under the lease started at $8,510 per month, adjusted annually by CPI or 3%, whichever was less. In 2021, the rental rate was $10,812.18 per month, and in 2022, the rental rate was $11,136.55 per month. During COVID-19, Bauman stopped making lease payments. When Public Works staff informed Bauman of its balance due on June 30, 2022, Bauman responded by giving 30 days’ notice that it was terminating its lease. Because the lease was in holdover, the 30 days’ notice was proper. Bauman vacated the leased premises on August 31, 2022. Since that time, staff have been negotiating with Bauman toward a resolution to the unpaid balance.

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Bauman lease termination and settlement of balance due CONSENT CALENDAR February 28, 2023

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no identifiable environmental impacts associated with the proposed termination agreement.

RATIONALE FOR RECOMMENDATION
Once executed, the termination agreement will resolve the unpaid balance owed by Bauman, transfer Bauman’s commercial kitchen equipment and assets to the City, and prepare the premises for future use by the City or other community organizations.

ALTERNATIVE ACTIONS CONSIDERED
Refusing Bauman’s offer and requiring payment in full of the unpaid rent was briefly considered and rejected. It would likely be very difficult, if not impossible, to collect the full amount of unpaid rent, and would also mean forfeiting significant equipment and supplies that will be useful to the City and future tenants.

CONTACT PERSON
Andrew Brozyna, Deputy Director of Public Works, 510-981-6396 Attachments:

1. Resolution

2. Termination Agreement

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RESOLUTION NO. XX,XXX N.S.

AUTHORIZING A LEASE TERMINATION AGREEMENT WITH BAUMAN WELLNESS AND BILL OF SALE TRANSFERRING BAUMAN’S ASSETS TO THE CITY.

WHEREAS, the City and Bauman Wellness (“Bauman”) are parties to a commercial lease dated May 10, 2010 between the City’s predecessor-in-interest, 1011 University LLC, and Bauman’s predecessor-in-interest, Bauman College;
WHEREAS, the lease covers premises consisting of approximately 7,400 square feet of ground floor commercial space, including the courtyard area, located at 1007 University Avenue;
WHEREAS, the lease expired on January 31, 2021, and Bauman Wellness vacated the premises on August 31, 2022;
WHEREAS, Bauman owes the City $180,428.92 in unpaid rent which it states it is unable to pay in full;
WHEREAS, Bauman has offered to make a one-time payment to the City of $19,000 and transfer all of its assets to the City in exchange for forgiveness of the rent due and a mutual waiver of claims;
WHEREAS, the City is aware of local organizations and programs that could make use of Bauman’s commercial kitchen assets and equipment;
WHEREAS, the City recognizes that it may not be able to collect the unpaid rent otherwise;
WHEREAS, the City and Bauman desire to resolve the tenancy and the balance due amicably;
NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Berkeley hereby authorizes the City Manager to execute the Lease Termination Agreement with Bauman Wellness, including a Special Warranty Bill of Sale transferring to the City all of Bauman’s assets that remain on the leased premises, as described in Exhibit A.

Exhibit:

A: Lease Termination Agreement

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LEASE TERMINATION AGREEMENT
(1007 University Avenue, Berkeley, CA)
THIS LEASE TERMINATION AGREEMENT ("Lease Termination") is made and entered into as of August 31, 2022 ("Effective Date"), by and between the CITY OF BERKELEY, a California municipal corporation and charter city ("Landlord") and INSTITUTE FOR EDUCATIONAL THERAPY, a California non-profit public benefit corporation d/b/a Bauman Wellness ("Tenant").

Recitals
A. Landlord and Tenant are parties to that certain Standard Industrial/Commercial Multi-Tenant Lease – Net dated May 10, 2010, ("Lease") between Landlord’s predecessor-in- interest, 1011 University LLC, and Tenant’s predecessor-in-interest, Bauman College.

B. The Lease covers certain premises consisting of approximately 7,400 square feet of ground floor commercial space, including the courtyard area, located at 1007 University Avenue, Berkeley, California, as more particularly described in the Lease ("Demised Premises").

C. The Lease expired on January 31, 2021, and Tenant vacated the Demised Premises on August 31, 2022.

D. Landlord and Tenant desire to document the termination of the Lease so that, as of the Effective Date, Tenant has no further interest in, and neither Landlord nor Tenant have any obligation or liability arising from or related to, the Lease or the Demised Premises.

Agreements
NOW, THEREFORE, in consideration of the foregoing recitals and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, Landlord and Tenant hereby agree as follows:

1. Recitals; Capitalized Terms; Exhibits. The foregoing recitals are incorporated by reference into this Lease Termination. Capitalized terms used herein and not otherwise defined shall have the meanings given to such terms in the Lease. All exhibits attached hereto are incorporated by reference as though fully set forth herein.

2. Representation and Warranties.
a. Tenant. Tenant represents and warrants to Landlord that, as of the Lease Commencement Date through the Effective Date, (a) Tenant is the sole and rightful owner of all of the Tenant's interest in the Lease; (b) Tenant has not made any disposition, assignment, sublease (other than subleases that terminate as of the Effective Date), pledge, or conveyance of the Lease or Tenant's interest therein; (c) Tenant is duly organized, validly existing, and in good standing under California law; (d) Tenant has full power and authority to execute, deliver, and

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2 perform this Lease Termination; (e) this Lease Termination, when executed by Tenant and Landlord, and delivered to Landlord, will be the valid and binding obligation of Tenant and Landlord enforceable in accordance with its terms; (f) Tenant has not engaged in any voluntary or involuntary bankruptcy or assignment for the benefit of Tenant's creditors within 120 days before the Effective Date; (g) there are no outstanding contracts for the supply of labor or material and no work has been done or is being done in, to or about the Demised Premises which has not been fully paid for and for which appropriate waivers of mechanic liens have not been obtained; (h) Tenant is the sole and rightful owner of all right, title, and interest in each of the Inventory and Equipment (defined below); (i) Tenant has not made any disposition, assignment, pledge, sublease, or conveyance of any of the Inventory and Equipment, or Tenant's interest therein; and (j) no other person or entity has an interest in any of the Inventory and Equipment, collateral or otherwise. All of the foregoing representations and warranties shall survive the termination of the Lease.
b. Landlord. Landlord represents and warrants to Tenant that (a) Landlord is the sole and rightful owner of all of the Landlord's interest in the Lease; (b) Landlord has not made any disposition, assignment, sublease, pledge, or conveyance of the Lease or Landlord's interest therein; (c) Landlord is duly organized and validly existing under California law; (d) Landlord has full power and authority to execute, deliver, and perform this Lease Termination; and (e) this Lease Termination, when executed by Tenant and Landlord, and delivered to Tenant, will be the valid and binding obligation of Tenant and Landlord enforceable in accordance with its terms. All of the foregoing representations and warranties shall survive the termination of the Lease.

3. Termination of the Lease. The Lease shall terminate as of the Effective Date set forth in the introductory paragraph above ("Termination Date").

4. Unpaid Rent; Security Deposit; Inventory and Equipment. As of the Termination Date, Landlord shall forgive and write-off the overdue Rent in the amount of One Hundred Eighty Thousand, Four Hundred Twenty-Eight and 91/100ths Dollars ($180,428.91). Upon the Termination Date, Landlord shall retain the Security Deposit in the amount of Seventeen Thousand, Twenty and no/100ths Dollars ($17,020.00), Tenant shall pay to Landlord $19,000, and Tenant shall convey to Landlord all of Tenant’s right, title and interest in, and Landlord shall retain, all of the inventory and equipment located in the Demised Premises listed on Exhibit A, attached hereto and incorporated by this reference (“Inventory and Equipment”) by way of a Special Warranty Bill of Sale in the form attached hereto as Exhibit B, and Tenant hereby renounces any and all claims to the return of the Security Deposit and the Inventory and Equipment.

5. Surrender of Demised Premises. Tenant shall have quit and surrendered possession of the Demised Premises to Landlord on or before the Termination Date in good operating order, condition and state of repair, ordinary wear and tear excepted, and otherwise in compliance with the terms in Section 7.4(c) of the Lease. On or before the Termination Date, Tenant shall surrender the Inventory and Equipment to Landlord.

6. Termination of Liabilities. Conditioned on the performance by the parties of the provisions of this Lease Termination, upon termination of the Lease, neither Landlord nor

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3 Tenant shall have any further liability or obligation to the other under the Lease except for the following (collectively, the "Surviving Claims"): (a) any claim arising from the breach of this Lease Termination, (b) any claim against Landlord by any third party arising out of or in connection with Tenant’s use and/or occupancy of the Demised Premises through the Termination Date for which Tenant shall remain solely responsible, (c) any claim against Tenant by any third party arising out of or in connection with the use and/or occupancy of the Demised Premises after the Termination Date for which Landlord shall remain solely responsible; and (d) any claim or right under any section of the Lease which, by its terms survives, or is intended to survive, the termination of the Lease (which, for the avoidance of doubt, shall include indemnification obligations under the Lease and claims regarding the condition of the Demised Premises other than as set forth in this Lease Termination. This Lease Termination shall fully and finally settle all demands, charges, claims, accounts or causes of action of any nature arising out of or in connection with the Lease, except as to the Surviving Claims, and constitutes a mutual release with respect to the Lease except as to the Surviving Claims.

7. Waiver and Release.
a. By Tenant. Tenant hereby releases Landlord from any and all claims, actions, causes of action, obligations, costs, damages, losses, liabilities and demands (other than the Surviving Claims), of whatever kind and nature, in law or equity, in contract, tort or otherwise, past, present, future, known or unknown, contingent or non-contingent, anticipated or unanticipated, suspected or unsuspected, which Tenant now has, ever had, or may have in the future arising directly or indirectly out of, based on, relating to or connected in any way with the Lease.
b. By Landlord. Subject to Tenant's timely satisfaction all of its obligations under this Lease Termination, Landlord hereby releases Tenant from any and all claims, actions, causes of action, obligations, costs, damages, losses, liabilities and demands (other than the Surviving Claims), of whatever kind and nature, in law or equity, in contract, tort or otherwise, past, present, future, known or unknown, contingent or non-contingent, anticipated or unanticipated, suspected or unsuspected, which Landlord now has, ever had, or may have in the future arising directly or indirectly out of, based on, relating to or connected in any way with the Lease.
c. Each of the parties expressly waives all rights provided by section 1542 of the California Civil Code, which provides as follows:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE

CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO

EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE

RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE

MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE
DEBTOR OR RELEASED PARTY.

8. Remedies. In the event of a breach of this Lease Termination by a party, the other party shall be entitled to sue for damages, seek specific performance, and exercise all rights and

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4 remedies available to the aggrieved party under this Lease Termination and at law and in equity for such breach.

9. Attorneys’ Fees. In the event of any legal proceeding in connection with this Lease Termination, the party which prevails in such action shall be entitled to recover, in addition to all other remedies or damages, reasonable attorneys’ fees and costs of court incurred in such suit.

10. Notices. All notices, demands or other communications given in connection with this Lease Termination ("Notices") shall be given in writing and transmitted by personal delivery, overnight courier, or certified mail, return receipt requested, to the addresses below or to such other address as the party may designate by Notice similarly given. For the purposes herein, notices shall be sent to Landlord and Tenant as follows:

Landlord: City of Berkeley
2180 Milvia Street
Berkeley, CA 94704
Attn: ____________
Tenant: Bauman Wellness
125 S. Main St. PMB 161
Sebastopol, CA 95472
Attn: Dr. Ed Bauman

11. Brokerage Commission. Tenant represents that it has not been represented by any broker in connection with this Lease Termination, and that no real estate broker's commission, finder's fee or other compensation (individually and collectively, "Commission") is due or payable. Tenant agrees to indemnify and hold harmless Landlord from any claims or liabilities, including reasonable attorneys' fees, in connection with a claim by any person for a Commission based upon any statement, representation or agreement of Tenant.

12. Authorization. Each individual or entity executing this Lease Termination on behalf of Tenant represents and warrants that he or she or it is duly authorized to execute and deliver this Lease Termination on behalf of Tenant and that such execution is binding upon Tenant.

13. Miscellaneous. This Lease Termination constitutes the entire agreement between the parties regarding the subject matter hereof and all prior understandings, representations, and agreements concerning the subject matter hereof, whether verbal or written, are superseded hereby. In the event of any express and direct conflict between this Lease Termination and the Lease, this Lease Termination will control. This Lease Termination shall be construed and interpreted in accordance with the laws of the State of California. The parties have read this Lease Termination and the mutual releases contained in it, and on advice of counsel they have freely and voluntarily entered into the Lease Termination. This Lease Termination shall be binding upon and inure to the benefit of Landlord and Tenant and their respective successors, assigns, shareholders, members, principals and related entities. This Lease Termination will not be construed against any party on the basis of that party having responsibility for the drafting of

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5 this Lease Termination. Time is of the essence in the performance of each of the provisions of this Lease Termination. The parties agree to execute, acknowledge if required and deliver such further and additional documents, instruments or writings not specifically referred to herein as may be necessary, required, proper, desirable or convenient for the purpose of fully effectuating the provisions hereof. This Lease Termination may be executed in any number of counterparts and by electronic signature, each of which shall be an original but all of which shall constitute one and the same instrument.

IN WITNESS WHEREOF, this Lease Termination is made as of the Effective Date:

LANDLORD: TENANT:

CITY OF BEREKLEY, a California INSTITUTE FOR EDUCATIONAL municipal corporation and charter city THERAPY, a California non-profit public benefit corporation d/b/a Bauman Wellness
By: _____________________ By: ___________________
Dee Williams-Ridley Dr. Edward Bauman
Its: City Manager Its: Chief Executive Officer
Date: ___________________ Date: __________________
APPROVED AS TO FORM:
____________________________
Farimah F. Brown, City Attorney
ATTEST:
____________________________
__________, Deputy City Clerk

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EXHIBIT A
List of Inventory and Equipment

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7

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8

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9

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13 EXHIBIT B

SPECIAL WARRANTY BILL OF SALE
For Ten and No/100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, INSTITUTE FOR EDUCATIONAL THERAPY, a California non-profit public benefit corporation (“Tenant”), hereby conveys to the CITY OF BERKELEY, a California municipal corporation (“Landlord”), all of its right, title and interest in the Inventory and Equipment as more particularly described in that certain Lease Termination Agreement dated effective as of August 31, 2022, by and between Landlord and Tenant (“Agreement”). Each of the Inventory and Equipment is sold "AS IS", where is, and with all faults. TENANT EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY

KIND OR NATURE, WHETHER EXPRESS, IMPLIED OR STATUTORY, RELATING TO OR

ARISING FROM THE INVENTORY OR EQUIPMENT, INCLUDING, WITHOUT

LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TENANT SHALL NOT BE LIABLE FOR ANY LOST PROFITS,

LOST SAVINGS OR ANY OTHER INCIDENTAL, INDIRECT, PUNITIVE, OR

CONSEQUENTIAL DAMAGES UNDER, ARISING FROM, OR CONNECTED WITH THIS

BILL OF SALE EVEN IF ADVISED OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES. TENANT EXPRESSLY DISCLAIMS ANY AND ALL LIABILITIES WITH

RESPECT TO THE CONDITION, SAFETY, OPERATION, AND FITNESS FOR USE OF THE

INVENTORY OR EQUIPMENT, AND LANDLORD HEREBY ACKNOWLEDGES THAT

TENANT SHALL NOT BE RESPONSIBLE FOR ANY LOSSES, DAMAGES, ACCIDENT OR

INJURIES, WHETHER PHYSICAL OR OTHERWISE ARISING FROM OPERATION, POSSESSION, OR ANY USE OF THE INVENTORY OR EQUIPMENT. UPON TRANSFER

OF THE INVENTORY AND EQUIPMENT HEREUNDER, THE PARTIES AGREE THAT

LANDLORD SHALL BE SOLELY RESPONSIBLE FOR ANY ADVERSE CONSEQUENCES

ARISING FROM POSSESSION, OPERATION, OR ANY USE OF THE INVENTORY OR EQUIPMENT.
[Signatures follow on next page]

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14 IN WITNESS WHEREOF, this Special Warranty Bill of Sale is made as of the Effective Date:

LANDLORD: TENANT:

CITY OF BERKELEY, a California INSTITUTE FOR EDUCATIONAL municipal corporation and charter city THERAPY, a California non-profit public benefit corporation d/b/a Bauman Wellness
By: _____________________ By: ___________________
Dee Williams-Ridley Dr. Edward Bauman
Its: City Manager Its: Chief Executive Officer
Date: ___________________ Date: __________________
APPROVED AS TO FORM:
____________________________
Farimah F. Brown, City Attorney
ATTEST:
____________________________
__________, Deputy City Clerk

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2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7120 E-Mail: [email protected]

CONSENT CALENDAR
February 28, 2023
To: Honorable Mayor and Members of the City Council
From: Councilmember Taplin and Councilmember Hahn
Subject: Support for AB-309: Social Housing.

RECOMMENDATION
Send a letter in support of Assembly Bill 309 to the state legislature.

FINANCIAL IMPLICATIONS
None.

BACKGROUND
Assembly Bill 309 is an updated version of Assembly Bill 2053 (2022) by Assemblymember Alex Lee (D-San Jose): “The Zenovich-Moscone-Chacon Housing and Home Finance Act establishes the Department of Housing and Community Development and the California Housing Finance Agency and sets forth various programs administered by those entities intended to, among other things, provide a comprehensive and balanced approach to the solution of housing problems of the people of this state.” This includes publicly-owned mixed income housing developments with just cause protections and direct involvement in management by residents.

Because social housing is internally cross-subsidized by higher income households (including rents at market rate), it would avoid the problems of concentrated poverty, disinvestment, and lack of operating subsidies that has afflicted public housing throughout the United States in the past. This model is already working successfully elsewhere in the United States, including Montgomery County, Maryland under the supervision of the Housing Opportunity Commission (HOC)1, and Sacramento’s CADA agency.2 The Berkeley City Council previously voted to send a letter of support for AB- 2053 in 2022.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
None.

CONTACT PERSON
Councilmember Taplin Council District 2 510-981-7120
1 https://www.hocmc.org/news-archive/775-hoc-breaks-ground-at-900-thayer-in-silver-spring.html 2 https://www.cadanet.org/resources-agendas/fast-facts

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AB-309 CONSENT CALENDAR
February 28, 2023

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Attachments:
1: Letter
2: Assembly Bill 309 (January 2023 draft)

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The Honorable Alex Lee
State Capitol
Sacramento, CA 94249
Dear Assembly member Lee:

The City Council of the City of Berkeley is proud to support Assembly Bill 309: Social Housing.

We believe that a state housing agency developing publicly-owned, mixed-income housing with a skilled and trained workforce and maintained by diverse communities of residents offers a promising path toward housing abundance and economic justice. We were proud to support your previous bill, AB-2053, The Social Housing Act of 2022.

On November 9, 2021, the Berkeley City Council unanimously passed a resolution recognizing housing as a human right, as well as committing to a study of social housing models in Berkeley.

The City Council has recognized that housing security and fair housing opportunity is a core mandate of the public sector, and that it can learn from other countries with successful public sector housing development models, such as Vienna and Singapore. By establishing a statewide Housing Authority to produce and preserve social housing, your bill could have transformative impacts with regards to expanding housing opportunity and providing sustainable community autonomy for Berkeley residents and residents-to-be.

California currently ranks 49th out of all 50 states in new homes built per capita, and roughly one-fifth of the population bears an extraordinary rent burden, paying over half of their income in rent. According to the Public Policy Institute of California, over 800,000 households in the state would have stayed above the poverty line in 2019 if housing costs had remained constant at 2013 levels. While progress is incremental, even minor improvements represent real material gains for our most vulnerable residents. Berkeley and other cities are making substantive efforts to increase housing supply, but we are well aware that neither the private market nor publicly subsidies alone can build us out of a housing shortage that was decades in the making. It will take every available strategy on the table, and the City of Berkeley is heartened by your bold and innovative proposal.

With gratitude,
The Berkeley City Council
2180 Milvia St
Berkeley, CA 94704

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california legislature—2023–24 regular session
ASSEMBLY BILL No. 309
Introduced by Assembly Members Lee, Wendy Carrillo, and Kalra (Coauthors: Assembly Members Bennett, Haney, and Ward)
(Coauthors: Senators Allen, Menjivar, and Wiener)
January 26, 2023
An act to add Section 50103 to the Health and Safety Code, relating to housing.
legislative counsel’s digest
AB 309, as introduced, Lee. Social housing.

The Zenovich-Moscone-Chacon Housing and Home Finance Act establishes the Department of Housing and Community Development and the California Housing Finance Agency and sets forth various programs administered by those entities intended to, among other things, provide a comprehensive and balanced approach to the solution of housing problems of the people of this state. The act sets forth various definitions that govern its construction.

This bill would define “social housing” for purposes of the Zenovich-Moscone-Chacon Housing and Home Finance Act. The bill would make findings and declarations relating to social housing and would state the intent of the Legislature to subsequently further the Social Housing Act to address the shortage of affordable homes by developing housing for people of all income levels, prioritizing low-income households.

V ote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

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The people of the State of California do enact as follows:
line 1 SECTION 1. The Legislature finds and declares all of the line 2 following:
line 3 (a)   The housing crisis has reached unprecedented and line 4 unacceptable proportions in the State of California, where more line 5 than two in five households spend greater than 30 percent of their line 6 income on housing and more than one in five households spend line 7 greater than 50 percent of their income on housing. line 8 (b)   The United States Department of Housing and Urban line 9 Development defines cost-burdened families as those who pay line 10 more than 30 percent of their income for housing and may have line 11 difficulty affording necessities such as food, clothing, line 12 transportation, and medical care. Severe rent burden is defined as line 13 paying more than 50 percent of one’s income on rent. line 14 (c)   Housing burden creates severe financial, physical, and line 15 emotional impacts on households.
line 16 (d)   The affordable housing crisis has imposed a significant toll line 17 on the California economy, as overpriced rents depress the line 18 California gross domestic product by approximately 2 percent and line 19 more than 600,000 people leave the state annually in search of line 20 lower rent.
line 21 (e)   Current efforts, while laudable, have proven insufficient in line 22 resolving the state’s affordable housing crisis, since 97 percent of line 23 cities and counties have been unable to meet the regional housing line 24 needs assessment targets for very low income, low-income, and line 25 moderate-income housing.
line 26 (f)   With such a great failure to meet the housing needs of line 27 California residents, the state has a duty to act and help localities line 28 fill the gap, by financing publicly owned, affordable housing built line 29 sustainably with union labor, based on the widely successful line 30 Vienna and Singapore models and many other successful models line 31 of mixed-income rental and ownership housing.
line 32 SEC. 2. Section 50103 is added to the Health and Safety Code, line 33 to read:
line 34 50103. “Social housing” means any housing with all of the line 35 following characteristics:
line 36 (a)   The housing units are owned by a public entity or a local line 37 housing authority.
99 — 2 — AB 309

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line 1 (b)   If a housing unit is in a social housing development, the line 2 development contains housing units that accommodate a mix of line 3 household income ranges, including extremely low income, very line 4 low income, low income, moderate income, and above-moderate line 5 income.
line 6 (c)   Residents of housing units are afforded, at a minimum, all line 7 protections granted to tenants with tenancies in private property line 8 under Section 1946.2 of the Civil Code, including protection line 9 against termination without just cause or for any discriminatory, line 10 retaliatory, or other arbitrary reason, and shall be afforded due line 11 process prior to being subject to eviction procedures, in addition line 12 to other protections provided by this title.
line 13 (d)   Residents of the housing units have the right to participate line 14 directly and meaningfully in decisionmaking affecting the operation line 15 and management of their housing units.
line 16 (e)   The housing units shall be protected for the duration of their line 17 useful life from being sold or transferred to a private for-profit line 18 entity or a public-private partnership.
line 19 SEC. 3. It is the intent of the Legislature to subsequently amend line 20 this measure to further the Social Housing Act to address the line 21 shortage of affordable homes by developing housing for people line 22 of all income levels, prioritizing low-income households.

O
99 AB 309 — 3 —

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2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7120 ● E-Mail: [email protected]

CONSENT CALENDAR
February 28, 2023
To: Honorable Mayor and Members of the City Council
From: Councilmember Taplin, Councilmember Bartlett (co-sponsor), Councilmember Kesarwani (co-sponsor), Mayor Arreguin (co-sponsor)
Subject: Resolution Condemning a Pattern of Attacks Targeting Black Political and Community Leaders

RECOMMENDATION
Adopt a Resolution Condemning a Pattern of Attacks Targeting Black Political and Community Leaders.

FINANCIAL IMPLICATIONS
None.

BACKGROUND
Over the past several months, targeted harassment of Black elected officials and community leaders in the Bay Area has increased at an alarming rate, far beyond the already-unacceptable status quo ante. On January 16, 2023 (MLK Day), Oakland City Councilmember Carroll Fife posted a series of recordings on Twitter from violent and hateful threats she had received, reporting that their incidence had accelerated sharply.1 In an interview with KQED, Fife stated that her personal vehicle had also been targeted, and added: “I’m asking folks to stand with me because what’s happening is unacceptable.”2

CONTACT PERSON
Councilmember Taplin Council District 2 510-981-7120
Attachments:
1: Resolution
1 https://twitter.com/carroll_fife/status/1615107617873088517 2 Lagos, M. (2023, Jan. 17). “It’s Gotten Worse”: Oakland City Council Member Carroll Fife Faces Racist, Violent Threats. KQED. Retrieved from https://www.kqed.org/news/11938303/its-gotten-worse-oakland- city-council-member-carroll-fife-faces-racist-violent-threats

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

RESOLUTION CONDEMNING A PATTERN OF ATTACKS TARGETING BLACK

POLITICAL AND COMMUNITY LEADERS
WHEREAS, over the last few weeks there has been an alarming increase in the frequency, tenor, and danger of politically motivated attacks on Black women in leadership, including Oakland City Councilmember Carroll Fife and community leader Cat Brooks; and
WHEREAS, the City of Berkeley stands with Councilmember Fife, Cat Brooks, and all who have been targeted by this rhetoric and stands against anti-Blackness and misogyny; and
WHEREAS, in an environment where three mass shootings occurred in California over three consecutive days in January 2023, and politically motivated violence is increasingly becoming the norm, ongoing attacks targeting Oakland political and community leaders must be stopped.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City of Berkeley calls for an immediate end to rhetoric that is leading to harassment and threats on democratically elected representatives and community leaders and commit to stepping up and speaking out when we see the scapegoating of Black women and women of color in leadership positions.

BE IT FURTHER RESOLVED that the City of Berkeley calls on business leaders, civil rights groups and advocates connected to any of these individuals perpetrating this misleading, politically motivated and increasingly dangerous rhetoric, to join us in publicly condemning these dangerous and shameful personal attacks.

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Kate Harrison
Councilmember, District 4
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7140 ● TDD: (510) 981-6903 ● Fax: (510) 644-1174 E-Mail: [email protected]

CONSENT CALENDAR
February 28, 2023
To: Honorable Members of the City Council
From: Councilmember Kate Harrison
Subject: Resolution in Support of HR 8040: the People Over the Pentagon Act

RECOMMENDATION
Adopt resolution and send letters of support for reintroduction and passage of HR 8040:
the People Over the Pentagon Act to California’s congressional delegation accompanied by provisions for a just transition for workers in militarized industries. HR 8040 calls for reducing the bloated military budget by $100 billion.

BACKGROUND
The 2021-22 Pentagon Budget was $723 billion, larger than that of the next seven countries combined, eleven times greater than Russia’s military budget and four times the size of China’s – far in excess of what is required to defend the United States and support our allies. The Pentagon Budget for 2023 includes a $33 billion increase over the 2021-2022 budget, and, unlike that of every other major federal agency, has never been successfully audited.

The federal budget is key to addressing many urgent unmet national priorities, including housing, infrastructure, renewable energy, health care, education, environmental degradation and remediation, economic insecurity, and climate change, that are not allocated sufficient resources in large part because of excessive military spending.

Since 2019, the People Over Pentagon campaign and coalition has sought to reduce the size of the Pentagon budget by reallocating funds to critical domestic and human needs. U.S. House Representatives Barbara Lee (D-Calif.) and Mark Pocan (D-Wisc.) introduced The People Over Pentagon Act (H.R. 8040) last year to redirect $100 billion from the three-quarters-of-a-trillion-dollar Pentagon budget in military spending.1 The proposed reallocation would not affect pay, healthcare, or retirement benefits for military personnel and their families. In addition, a 2021 Congressional Budget Office report found that this redirection of funds could be accomplished without impacting the defense of the United States.2
1 https://peopleoverpentagon.org/bill/
2 https://www.cbo.gov/publication/57128

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Resolution in Support of HR 8040: People Over the Pentagon Act CONSENT CALENDAR February 28, 2023

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In 2019, the Project on Government Oversight, Center for International Policy, and Public Citizen found that the following cuts could be made:
1 – Don’t create a Space Force—save $2.6 billion.
2 – Eliminate the Overseas Contingency Operations account—save $68.8 billion to $174 billion.
3 – Cut service contracting by 15 percent—save $26 billion. 4 – End use-it-or-lose-it contract spending—save $18 billion. 5 – Freeze operations and maintenance budget levels—save $6 billion. 6 – Replace some military personnel with civilian employees—save $200 million. 7 – Provide $16 billion per year for naval ship construction—save $4.6 billion. 8 – Retain a nuclear triad with 8 submarines, 150 intercontinental ballistic missiles (ICBMs), and 1,000 warheads—save $100 million. 9 – Defer or cancel development of the B-21 Bomber—save $3 billion. 10 – Reduce the size of the bomber force by retiring the B-1B—save $1.8 billion. 11 – Cancel the Long-Range Standoff Weapon—save $1.4 billion. 12 – Replace future F-35s with F-16s and F-18s—save $2.4 billion. 13 – Reduce U.S. presence in Afghanistan by half—save $23.15 billion. 14 – Retire the F-22—save $2.9 billion.
15 – Cancel the Ground-Based Midcourse Defense System (GMD)—save $2.5 billion.
16 – Cancel development and production of a new missile in the Ground-Based Strategic Deterrent Program—save $400 million.
17 – Cancel the Ford-class carrier program—save $1 billion. 18 – Authorize another Base Realignment and Closure process—save $2 billion per year.
19 – Authorize a Base Realignment and Closure process for the nuclear labs— save $1 billion per year.
20 – Implement open Defense Department Inspector General recommendations—save $2.3 billion.

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Resolution in Support of HR 8040: People Over the Pentagon Act CONSENT CALENDAR February 28, 2023

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21 – Reduce administrative waste, including excessive contractor staffing—save $25 billion.
22 – Reduce active troop presence in Europe to 40,000—save $1.5 billion. 23 – Reduce active troop presence in the India-Pacific Command Region to 66,000—save $2.36 billion.3
The National Priorities Project found that cuts consistent with H.R. 8040 could:
 power every household in the United States with solar energy;  hire one million elementary school teachers;
 provide free tuition for a supermajority of public college students;  send every household in the U.S. a $700 check.4
The Alameda County Democratic Central Committee passed a similar resolution.

In the interest of providing critical domestic and human services to Berkeley’s population, it is in the public interest for the Council to convey its support for reintroduction and passage of H.R. 8040 with a just transition for workers in militarized industries.

FINANCIAL IMPLICATIONS
Limited staff time associated with sending a letter to designated recipients.

ENVIRONMENTAL SUSTAINABILITY
The U.S. military is one of the world’s largest emitters of greenhouse gases and has a long history of environmental destruction.

CONTACT PERSON
Councilmember Kate Harrison 510-981-7140
ATTACHMENTS:

1. Resolution

2. Support Letters

3. HR 8040
3 https://peopleoverpentagon.org/guidetocuts/
4 https://www.nationalpriorities.org/interactive-data/trade-offs/?state=00&program=111111

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

IN SUPPORT OF HR 8040: PEOPLE OVER THE PENTAGON ACT
WHEREAS, the 2021-22 Pentagon Budget was $723 billion, larger than that of the next seven countries combined, eleven times greater than Russia’s military budget and four times the size of China’s – far in excess of what is required to defend the United States and support our allies; and
WHEREAS, the Pentagon Budget for 2023 includes a $33 billion increase over the 2021-2022 budget, and, unlike that of every other major federal agency, has never been successfully audited; and
WHEREAS, The federal budget is key to addressing many urgent unmet national priorities, including housing, infrastructure, renewable energy, health care, education, environmental degradation and remediation, economic insecurity, and climate change, that are not allocated sufficient resources in large part because of excessive military spending; and
WHEREAS, members of the House are pursuing an ongoing effort to decrease the military budget, and the Congressional Budget Office has produced the study ‘National Defense Under a Smaller Budget.’
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that it supports these efforts and the reintroduction and passage of HR 8040 to reduce the military budget by $100 billion, accompanied by provisions for a just transition for workers in militarized industries.

BE IT FURTHER RESOLVED that the Clerk send a copy of this Resolution and letters of support to Senators Feinstein and Padilla, and Congresswoman Lee.

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Senator Dianne Feinstein
United States Senate
331 Hart Senate Office Building
Washington, D.C. 20510
RE: Berkeley City Council Support for HR 8040: People Over the Pentagon Act Dear Senator Feinstein,
We write to express our strong support for reintroduction and passage of HR 8040:

People Over the Pentagon Act, which would cut $100 billion from the Pentagon budget and reallocate it to critical domestic and human services.

The 2021-22 Pentagon Budget was $723 billion, larger than that of the next seven countries combined, eleven times greater than Russia’s military budget and four times the size of China’s – far in excess of what is required to defend the United States and support our allies. The Pentagon Budget for 2023 includes a $33 billion increase over the 2021-2022 budget, and, unlike that of every other major federal agency, has never been successfully audited.

We respectfully request that the bill be amended to include provisions for a just transition for workers in militarized industries.

For these reasons, the Berkeley City Council strongly supports reintroduction and passage of HR 8040.

Sincerely,
The Berkeley City Council

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Senator Alex Padilla
112 Hart Senate
Office Building
Washington, DC 20510
RE: Berkeley City Council Support for HR 8040: People Over the Pentagon Act Dear Senator Padilla,
We write to express our strong support for reintroduction and passage of HR 8040:

People Over the Pentagon Act, which would cut $100 billion from the Pentagon budget and reallocate it to critical domestic and human services.

We respectfully request that the bill be amended to include provisions for a just transition for workers in militarized industries.

For these reasons, the Berkeley City Council strongly supports reintroduction and passage of HR 8040.

Sincerely,
The Berkeley City Council

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Representative Barbara Lee
2470 Rayburn House Office Building
Washington, DC 20515
RE: Berkeley City Council Support for HR 8040: People Over the Pentagon Act Dear Representative Lee,
We write to express our strong support for reintroduction and passage of HR 8040:

People Over the Pentagon Act, which would cut $100 billion from the Pentagon budget and reallocate it to critical domestic and human services.

We respectfully request that the bill be amended to include provisions for a just transition for workers in militarized industries.

For these reasons, the Berkeley City Council strongly supports reintroduction and passage of HR 8040.

Sincerely,
The Berkeley City Council

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Berkeley City CouncilFebruary 28, 2023

Berkeley City Council
February 28, 2023