Tuesday, May 2, 2023 ANNOTATED AGENDA Page 1
ANNOTATED AGENDA
SPECIAL MEETING OF T HE
BERKELEY CITY COUNCI L
Tuesday, May 2, 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
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 encouraged. If you are feeling sick, please do not attend the meeting in person.
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To submit a written communication for the City Council’s consideration and inclusion in the public record, email [email protected]
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This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953 and applicable Executive Orders as issued by the Governor that are currently in effect. Any member of the public may attend this meeting. Questions regarding this matter may be addressed to Mark Numainville, City Clerk, (510) 981-6900. The City Council may take action related to any subject listed on the Agenda. Meetings will adjourn at 11:00 p.m. - any items outstanding at that time will be carried over to a date/time to be specified.
Tuesday, May 2, 2023 ANNOTATED AGENDA Page 2
Preliminary Matters
Roll Call: 6:12 p.m.
Present: Taplin, Bartlett, Harrison, Hahn, Robinson, Humbert, Arreguin
Absent: Kesarwani, Wengraf
Councilmember Kesarwani present at 6:17 p.m.
Action Calendar – New Business
1. Adding BMC Chapter 13.107, Helping Achieve Responsible Development with Healthcare and Apprenticeship Training Standards (HARD HATS) Ordinance From: Mayor Arreguin (Author)
Recommendation:
1. Adopt a first reading of an Ordinance adding Chapter 13.107 to the Berkeley Municipal Code establishing healthcare and apprenticeship standards for private development.
2. Refer the City Manager and Planning Commission if necessary to:
a. Include an analysis of the costs of these new healthcare and apprenticeship requirements on private development as part of the Housing Feasibility Study currently underway;
b. Based on the findings of the feasibility study, recommend adjustments to impact fees if needed to offset the cost of these new requirements to maintain economic feasibility of projects;
c. Bring back to the City Council proposed changes to enabling legislation to enable fee reductions if needed;
d. Consider upzoning the C-DMU Downtown Mixed-Use District zoning to allow for an increased number of taller exceptions (at or above 180 feet in height) and explore other zoning modifications to allow for additional density as a way to offset the cost of these new labor standards.
3. Refer to the Fiscal Year 2024 Budget Process funding as determined necessary by the City Manager to fund the implementation of this new law, and direct the City Manager to develop an implementation plan and timeline for this new Ordinance.
Financial Implications: See report
Contact: Jesse Arreguin, Mayor, (510) 981-7100
Action: M/S/C (Arreguin/Hahn) to accept revised materials from Mayor Arreguin on Item 1.
Vote: Ayes – Taplin, Bartlett, Harrison, Hahn, Robinson, Humbert, Arreguin; Noes – None; Abstain – None; Absent – Kesarwani, Wengraf.
Tuesday, May 2, 2023 ANNOTATED AGENDA Page 3
Action: 38 speakers. M/S/C (Arreguin/Bartlett) to:
1. Adopt first reading of Ordinance No. 7,861–N.S. as revised in supplemental materials submitted at the meeting by Mayor Arreguin. Second reading scheduled for May 23, 2023.
2. Refer the City Manager and Planning Commission to:
a) Include an analysis of these new healthcare and apprenticeship requirements on private development as part of the Housing Feasibility Study currently underway and direct the City Manager expedite completion of this analysis; b) Based on the findings of the feasibility study, recommend adjustments to impact fees if needed to offset the cost of these new requirements to maintain economic feasibility of projects;
c) Bring back to the City Council proposed changes to enabling legislation to enable fee reductions if needed;
d) Explore zoning modifications to allow for additional density as a way to offset the cost of these new labor standards if needed.
3. Refer to the Fiscal Year 2024 Budget Process funding as determined necessary by the City Manager to fund the implementation of this new law, and direct the City Manager to develop an implementation plan and timeline for this new Ordinance, coordination with implementing departments, notice to applicants of the new requirements, required forms, informational materials, and notice on how optional hourly contributions to the California Apprenticeship Council are calculated to satisfy the requirements in Section 13.107.040(a).
Vote: Ayes – Taplin, Bartlett, Harrison, Hahn, Robinson, Humbert, Arreguin; Noes – None; Abstain – Kesarwani; Absent – Wengraf.
Adjournment
Action: M/S/C (Arreguin/Robinson) to adjourn the meeting.
Vote: Ayes – Kesarwani, Taplin, Bartlett, Harrison, Hahn, Robinson, Humbert, Arreguin; Noes – None; Abstain – None; Absent – Wengraf.
Adjourned at 8:22 p.m.
Communications
• None
Supplemental Communications and Reports 1
• None
Supplemental Communications and Reports 2
Tuesday, May 2, 2023 ANNOTATED AGENDA Page 4
Item #1: Adding BMC Chapter 13.107, Helping Achieve Responsible Development with Healthcare and Apprenticeship Training Standards (HARD HATS) Ordinance
1. Richard Markuson, on behalf of Pacific Advocacy Group
2. Phyllis Orick
3. Melinda Howard-Herrarte, on behalf of Sierra Club
Supplemental Communications and Reports 3
Item #1: Adding BMC Chapter 13.107, Helping Achieve Responsible Development with Healthcare and Apprenticeship Training Standards (HARD HATS) Ordinance
4. Revised material, submitted by Mayor Arreguin
5. Cora Kapenga
6. Phyllis Orrick
7. Beli Acharya, on behalf of the Construction Trades Workforce Initiative
8. Igor Tregub, on behalf of the Alameda County Democratic Party
9. Berkeley Neighbors for Housing and Climate Action
10. Denise Pinkston, on behalf of Land Use and Policy
11. Louis Mirante, on behalf of Bay Area Council
12. Kelly Elena MacDonald, on behalf of the Building and Construction Trades Council of Alameda County
13. Kelly Hammargen
14. Julia Hutton, on behalf of the Rising Sun Center for Opportunity
15. Corey Smith, on behalf of the Housing Action Coalition