Berkeley City Council
March 11, 2025

GLOSSARY
Commissioners’ Manual 111 GLOSSARY

TERM DEFINITION
Subcommittee,
including “Temporary”
and “ad hoc”
See “Committee” above.Commissions may establish ad hoc
subcommittees, which have a single purpose, be composed of less than a quorum, and a target date to report back to the parent commission.

Temporary
Appointment
The appointing Councilmember or the Council may fill a
vacancy created by a leave of absence by a temporary
appointment for a period not to exceed the period of the leave of absence.

Term Maximum
Commissioners who have served the maximum of eight years on a certain commission shall not be eligible to serve on that same commission until a two-year break in service has
occurred (BMC 3.02.040).

Term Minimum
A commissioner cannot be replaced by a Councilmember prior to the first day of December in the year in which he or she wasthey were appointed.

Termination Termination is the term used when a commissioner resigns or is removed from office.

Termination,
Automatic
An automatic termination takes place when a commissioner fails to meet appointment qualifications.

Vacancy
A seat with no appointed commissioner is considered a vacant seat. Vacancies are not created when commissioners are
absent or on leaves of absence.

Vice-chair Assumes the duties of the chair in his or hertheir absence.

INDEX
INDEX
INDEX

TERM PAGE REFERENCE
Absence 17, 1920
Accessible 2223, 4648, 9489
Action Agenda/Calendar 3334, 4849, 5354, 57
Action Minutes 3435, 62
ADA (Americans with Disabilities Act) 2223, 4648, 9489
Affidavit of Residency 13, 21
Agenda 3233, 3334, 4749, 5052, 62
Alternate Commissioners 15, 2122
Application 13
Appointment 14, 1617, 2021, 22, 26
Brown Act 30, 4142, 4446, 4648, 4849, 5152
Chair 21, 27, 28-30, 3941, 4749, 4850, 5756, 58, 61,
67 Charter 10
City Attorney 24, 27, 4243, 4648, 6261, 71, 77, 81
City Manager 11, 3233-3637, 64-66, 68
Communication to Council 3233
Companion Report, City Manager 66, 67
Conflict of Interest 10, 16, 21, 24, 77
Consent Calendar 3334, 66
Disability 2223, 4648, 4951, 9389
Disclosure Statements 21, 2425
Election 27, 2930, 4041
Enabling Legislation 12, 5455
Excused Absence 1718
Fair Campaign Practices
Commission
10, 1819
Fair Representation Ordinance 14
Form 700 22, 2526
Information Item 3334
Leave of Absence 1920, 2122
Media 3941, 49
Meeting, Joint (Concurrent) 3738, 4244
Meeting, Regular 4142
Meeting, Special 4243
Motion 28, 29, 3839, 5354, 57, 62, 66, 67
Oath of Office 15, 21, 22, 9893
Poll 5153, 5354
Press 3941, 49
Public Comment 3334, 4950, 59
Public Hearing 3334, 4243, 4850, 59-61

Commissioners’ Manual 113

TERM PAGE REFERENCE
Quasi-Judicial 11, 24, 2627, 3233, 4243, 6059, 6362
Quorum 17, 19, 29, 30, 3132, 4142-4244, 4445, 5153,
5354
Residency 13, 21
Resign/resignation 14, 16, 2122
Secretary
13, 14, 15, 1718, 23, 3132, 3233, 3435, 3536,
3738, 3839, 4749, 5153, 5354, 57, 5958, 6059,
6362, 67, 69
Statement of Economic Interests 21, 2425
Stipend 23, 3435
SubcCommittee 23, 29, 30-3132, 3435, 4142, 4243, 5455, 62 Temporary Appointment 2021, 9893
Term Maximum 16
Term Minimum 15
Termination 1415, 16, 17, 18, 19, 21, 26
Vacancy 1617, 2021
Vice-chair 21, 27, 28-30
Work Plans 12

INDEX
Motion Table

MOTION TABLE
Interrupt
the
Speaker
Require
s a
Second
Debatable Amendabl
e
Vote Needed Reconsider
able
Adjourn No Yes No No Majority No
Recess No Yes No Yes Majority No
Question of
Privilege
Yes No No No No Vote No
Call for the
Orders of
the Day
Yes No No No No Vote
(Enforcement is
required unless
2/3 vote to
continue with
current business.)
No
Lay on the
Table
No Yes No No Majority No
Previous
Question or
Call the
Question
No Yes No No 2/3 Yes (unless
voting on
the question
has begun)
Limit or
Extend
Limits of
Debate
No Yes No Yes
(Amendme
nts are not
debatable.)
2/3 Yes
Postpone to
a Certain
Time
No Yes Yes Yes Majority Yes
Refer No Yes Yes Yes Majority Yes
Amend No Yes Yes Yes Majority Yes
Substitute No Yes Yes Yes Majority Yes
Postpone
Indefinitely
No Yes Yes Yes Majority Yes
Main Motion No Yes Yes Yes Majority Yes
Reconsider Yes (Prior
to the
speaker
beginning
to speak)
Yes Yes (Unless
the motion
to be
reconsidere
d is not
debatable)
No Majority No

QUORUM CHART
The following is a chart indicating the numbers needed to take action.

Total Number
of Seats*
Actual
Appointees Quorum Votes Needed
for Action
9 9 5 5
9 8 5 5
9 7 4 4
9 6 4 4
9 5 3 3
9 4 3 3
9 3 2 2
*This refers to the authorized membership under the commission’s enabling legislation. **Quorum rules apply to subcommittees. If a commissioner on a subcommittee of four is on an excused LOA, the actual appointees becomes three, and the quorum becomes two. No subcommittee may operate with less than two actual appointees. Remember, a temporary appointee does not assume the subcommittee memberships of the commissioner for which they are serving.

Vacancies and commissioners who have been granted a Leave of Absence (LOA) are subtracted from the total number of seats to determine the number of Actual Appointees (see table). The number of Actual Appointees is not reduced when a temporary appointee is absent from a meeting or when a commissioner fails to attend and does not have a LOA.

An exception is the PRC, established by Ordinance No. 4644-N.S. (BMC Chapter 3.32), which states: "A majority of the appointed commissioners shall constitute a quorum for the transaction of business, and the affirmative vote of a majority of those present is required to take action." Commented [SN31]: One of many edits related to the passage of Measure II and the sunset of the old Police Review Commission.

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

ACTION CALENDAR
March 11, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Peter Radu, Assistant to the City Manager Subject: Contract: Edgeworth Integration LLC to Purchase and Provide Installation of New Security System Server at Berkeley Animal Care Services

RECOMMENDATION
Following a positive recommendation from the Police Accountability Board at their February 5, 2025 regular meeting, adopt a Resolution authorizing the City Manager to execute a contract and any necessary amendments with Edgeworth Integration LLC for the purchase and installation of a new security camera system server (cameras already exist) to replace an obsolete server at Berkeley Animal Care Services (BACS) for March 12, 2025, to March 11, 2026, which establishes a contract in an amount not to exceed $57,908.08.

FISCAL IMPACTS OF RECOMMENDATION
This security camera system is a critical need for Berkeley Animal Care Services. The total contract cost will be covered with existing budget funds for BACS.

CURRENT SITUATION AND ITS EFFECTS
BACS has been without a working security camera system for over 2 years due to an unsupported/unavailable browser. This contract will enable BACS to install new software so the existing security camera system can be utilized again. The system is vital as it allows us to identify people who abandon animals at the shelter. It is also essential for safeguarding our facility, staff, volunteers, and animals when the shelter is open and after hours.

BACKGROUND
The City’s Animal Shelter has had an existing interior and exterior security camera system for years, but the footage from this system has become inaccessible due to an unsupported server. The City has established previous contracts with Edgeworth Integrations for security camera systems at the Police Jail, Transfer Station, and Marina facilities. Staff recommend a sole source waiver for this contract because Edgeworth Integration is the only retailer authorized by the Avigilon brand for sale and installation of its Fixed Camera Video Surveillance System equipment. Avigilon Fixed Camera Video Surveillance Systems are already in use at several locations throughout the City:
 In the Jail

Contract: Edgeworth Integration LLC for Security Camera at BACS ACTION CALENDAR March 11, 2025
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-mail: [email protected] Website: http://www.CityofBerkeley.info/Manager  In San Pablo Park
 At the Transfer Station
 At the intersection of 6th & University
 At the Marina Waterfront
Other manufacturer brands of surveillance equipment were initially considered in 2018 when the City Council authorized purchase and installation of a Fixed Camera Video Surveillance System for San Pablo Park, but none provided the same functionality and reliability as the Avigilon line of Video Surveillance equipment. Therefore the City contracted with Edgeworth Integration for purchase and installation of an Avigilon Fixed Camera Video Surveillance System in San Pablo Park, and then for each subsequent installation location to date.

Pursuant to Berkeley Municipal Code 2.99.030, Neighborhood Services sent copies of the proposed Use Policy and Acquisition report for the server to the Director of Police Accountability requesting that the Police Accountability Board (PAB) review and consider these reports within 30 days. The PAB agendized these reports at their February 5, 2025 regular meeting and voted to approve them as follows:

Motion to recommend approval of the surveillance technology acquisition report and use policy.

Moved/Second (Wilson/Cayetano) Motion carried.

Ayes: Calavita, Cayetano, Leftwich, Mozes, and Wilson
Noes: None.

Abstain: None.

Absent: Moore, Williams

RATIONALE FOR RECOMMENDATION
Entering a contract with Edgeworth Integration LLC would allow BACS to better provide safety to our staff, volunteers, and animals. BACS already has an existing system of internal and external security cameras, but the security camera footage has become inaccessible due to obsolete software. In the time since that footage has become inaccessible to staff, the animal shelter has seen numerous concerning incidents, including a physical assault on a staff member, routine illegal dumping of live animals at the shelter front door during overnight hours, theft of animals from the shelter kennels, and more. Allowing the shelter to once again use the existing and previously operable security camera system provides an additional way to document and rectify inappropriate or dangerous behavior from animal owners or members of the public. If the action is not approved, BACS cannot identify and cite those who abandon animals at our facility, continuing to add to the shelter’s highest intake numbers since 2017. If not approved, BACS will continue to be unable to ensure the safety of our animals overnight, and assaults against staff members may be difficult to prosecute. In the past, it has been necessary to have a restraining order issued against individuals, and the lack of cameras to document the behavior of owners or other members of the public at our facility reduces our ability to safeguard our staff and volunteers and weakens our case if needed to pursue legal actions.

Contract: Edgeworth Integration LLC for Security Camera at BACS ACTION CALENDAR March 11, 2025
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 Utilizing the same high-quality Avigilon equipment at the animal shelter ensures compatibility with the camera systems already in use across the City to support smooth data recall, storage, and maintenance across all locations, and allows the Animal Shelter staff and the Police Department to review the captured data and follow up on criminal activity more quickly and efficiently.

ALTERNATIVE ACTIONS CONSIDERED
None

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

CONTACT PERSON
Mike St. Pierre, Animal Services Manager, (510) 981-6603 Attachments:

1. Resolution

2. Berkeley Animal Care Services Surveillance Use Policy

3. Berkeley Animal Care Services Surveillance Acquisition Repo

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

CONTRACT: EDGEWORTH INTEGRATION LLC TO PURCHASE AND PROVIDE

INSTALLATION OF A SECURITY SYSTEM AT BERKELEY ANIMAL CARE SERVICES WHEREAS, security camera system is a critical need for Berkeley Animal Care Services (BACS), essential for safeguarding the facility, staff, volunteers, and animals; and
WHEREAS, BACS must ensure that our animals are safe overnight while no staff are present; and
WHEREAS, a security camera system assists staff in documenting issues arising from upset owners or members of the public; and
WHEREAS, it is necessary to address and hopefully prevent members of the public from abandoning animals at the shelter; and
WHEREAS, Edgeworth Integrations LLC has contracted with the City to provide security camera system equipment at other existing City facilities; and WHEREAS, Edgeworth Integrations LLC submitted a reasonable quote to purchase and provide installation of a security camera system at the Dona Spring Animal Shelter; and WHEREAS, the Police Accountability Board, at their February 5, 2025 regular meeting, reviewed and voted to approve copies of the surveillance technology acquisition report and use policy governing use of this technology, in accordance with Berkeley Municipal Code 2.99.030; and
WHEREAS, the City Council finds that the benefits to community and animal safety and welfare of installing this technology, used according to its Surveillance Use Policy, outweigh the costs; that the proposal will appropriately safeguard civil liberties and civil rights to the maximum extent possible while serving its intended purposes; and that, in the City Council’s judgment, no feasible alternative with similar utility and a lesser impact on civil rights or civil liberties could be implemented.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to establish a contract and any necessary amendments, including incremental additions at or below $50,000 each to the not-to-exceed amount below, with Edgeworth Integrations LLC, for the purchase and installations of a security

camera systems at Berkeley Animal Care Services (BACS). The contract shall begin on March 12, 2025, and end on March 11, 2026, with a total amount not to exceed $57,908.08.

Surveillance Use Policy - Fixed Video Surveillance Cameras at 1 Bolivar Drive

1. PURPOSE
a. This policy provides guidance for the use of City of Berkeley external fixed video surveillance cameras by Berkeley Animal Care Services (BACS). b. This policy only applies to fixed, overt, marked external and internal video surveillance systems utilized by BACS. Department personnel shall adhere to the requirements for Fixed Video Surveillance Cameras covered in this policy. c. This Surveillance Use Policy is legally enforceable pursuant to BMC 2.99.

2. AUTHORIZED USE
a. Only BACS members who receive training on this policy, who are then granted access by an administrator (“authorized BACS personnel”) may access the data from the video surveillance cameras. This data may only be accessed to further a legitimate use purpose, as listed in this Policy.
b. The cameras shall only record video images and not sound. Recorded images may be accessed, reviewed, and used for specific law enforcement or BACS administrative investigations, and video surveillance may be accessed and reviewed by authorized BACS personnel for the following purposes:
i. To support specific and active law enforcement investigations. ii. To support the enforcement of City policies and State and local laws. iii. To prevent, deter, and identify individuals who intentionally abandon animals. iv. To protect and safeguard the animals in our care from theft or harm. c. Unauthorized recording, viewing, reproduction, dissemination, or retention of video footage is prohibited.
d. The following are prohibited uses of the video surveillance system:
i. Unauthorized recording, viewing, reproduction, dissemination, or retention of video footage is prohibited.
ii. Video surveillance systems will not intentionally be used to invade the privacy of individuals or observe areas where a reasonable expectation of privacy exists. iii. Video surveillance systems shall not be used in an unequal or discriminatory manner and shall not target protected individual characteristics including, but not limited to race, ethnicity, national origin, religion, disability, gender or sexual orientation.
iv. Video surveillance equipment shall not be used to harass, intimidate or discriminate against any individual or group.
v. Video surveillance systems and recordings shall not be shared with federal immigration enforcement officials.

3. DATA COLLECTION
a. The cameras will film and store video on City of Berkeley encrypted servers. License plate and facial recognition data hardware is not installed on the cameras and may not be installed or used unless approved by the City Council. Audio is a standard feature of the camera, but is deactivated by the system administrator and may not be activated or used unless approved by the City Council. The cameras and storage devices shall be wholly owned and operated/maintained by the City of Berkeley.

4. DATA ACCESS
Attachment 2

a. Access to video surveillance cameras data shall be limited to authorized BACS p ersonnel
utilizing the camera database for uses described above, with necessary technical assistance from Public Works Department and Department of Information Technology personnel. Information may be shared in accordance with #9 below. BACS members seeking access to the video surveillance system shall obtain the approval of the Animal Services Manager, or their designee.
b. The Animal Services Manager should monitor camera access and usage to ensure BACS members are complying with this policy, other applicable City policy, and applicable laws, and to ensure such use and access is appropriately documented.

5. DATA PROTECTION
a. All data transferred from the cameras and the servers shall be encrypted. Only authorized BACS personnel shall have access to data for the Authorized Uses identified in this policy.
b. For instances of specific and active criminal investigations in which camera data is implicated as evidence (see Authorized Use 2(b)(i) above), authorized BACS personnel will alert the Berkeley Police Department, who will access and handle data pursuant to BPD Use Policy 1304. For all other Authorized Uses of data, access to the data must be obtained by authorized BACS personnel through the Public Works Department according to this policy and published regulations that limit access and use of data by Public Works and other City Departments and personnel. All system access including system log-in, access duration, and data access points is accessible and reportable and shall be documented by the Public Works Department's authorized administrator. All relevant recordings that are utilized will be preserved pursuant to applicable record retentions policies.

6. CIVIL LIBERTIES AND RIGHTS PROTECTION
a. BACS recognizes the need to protect its ownership and control over shared information and to protect the privacy and civil liberties of the public, in accordance with federal and state law. Provisions of this policy, including # 4 Data Access, #5 Data Protection, #7 Data Retention, #8 Public Access and #9 Third Party Data Sharing serve to protect against any unauthorized use of video surveillance camera data. License plate and facial recognition data hardware is not installed on the cameras. Audio is a standard feature of the camera, but is deactivated by the system administrator. These procedures ensure the data is not used in a way that would violate or infringe upon anyone's civil rights and/or liberties, including but not limited to potentially disparate or adverse impacts on any communities or groups.

7. DATA RETENTION
a. Video surveillance recordings are not government records pursuant to California Government Code 34090 in and of themselves. Except as otherwise permitted in this section, video surveillance recordings shall be purged within one hundred and eighty (180) days of recording. Recordings of incidents involving use of force by a police officer or involving detentions, arrests, or recordings relevant to a formal or informal complaint against a police officer shall be retained for a minimum of two years and one month.

Recordings relating to court cases and complaints against BACS staff that are being adjudicated will be manually deleted at the same time other evidence associated with Attachment 2

the case is purged. Any recordings related to BA
CS administrative proceedings pursuant
to this section shall be maintained until such matter is fully adjudicated, at which time it shall be deleted. All data will automatically delete after the aforementioned retention period by the System Administrator from Public Works.
b. Any recordings needed as evidence in a criminal proceeding shall be copied to a suitable medium and booked into evidence in accordance with current BPD evidence procedures.

8. PUBLIC ACCESS
a. Requests for recorded video images from the public or the media shall be processed in the same manner as requests for public records pursuant to the California Public Records Act and any applicable Berkeley Police Department Records Release policies. b. Recorded video images that are the subject of a court order or subpoena shall be processed in accordance with the established BPD subpoena process.

9. THIRD-PARTY DATA-SHARING
a. Requests for recorded video from other law enforcement agencies shall be referred to the Berkeley Police Department, and must be related to a specific active criminal investigation to be eligible for release.
b. Data collected from the video surveillance system may be shared with the following:
i. The District Attorney's Office for use as evidence to aid in prosecution, in accordance with laws governing evidence;
ii. The City Attorney’s Office for all other legal proceedings, as necessary; iii. Berkeley Police Department and other law enforcement personnel as part of an active criminal investigation;
iv. Recorded video images that are the subject of a court order or subpoena shall be processed in accordance with the established BPD subpoena process.

10. TRAINING
a. All BACS members authorized to operate or access video surveillance systems shall receive appropriate training. Training should include guidance on the use of cameras, associated software, and review of relevant policies and procedures, including this policy as well as review of relevant City of Berkeley laws and regulations. b. Training should also address state and federal law related to the use of video surveillance equipment and privacy.

11. AUDITING AND OVERSIGHT
a. The video surveillance software generates a site log each time the system is accessed.

The site log is broken down by server, device, user or general access. The site log is kept on the server for two years and is exportable for reporting. Video surveillance system audits will be conducted by the Animal Services Manager on a regular basis, at least annually.
b. The City Manager shall enforce against any prohibited use of the cameras by BACS staff and/or access to data by other City of Berkeley personnel pursuant to City employee disciplinary processes.
c. The audit shall be documented in the form of an internal memorandum to the City Manager and/or her designee. The memorandum shall include any data errors found so that such errors can be corrected. After review by the City Manager and/or her Attachment 2

designee, the memorandum and any associated documentation shall be placed into the annual report filed with the City Council pursuant to BMC Section 2.99.020 2. d. and published on the City of Berkeley website in an appropriate location.

12. MAINTENANCE
a. It shall be the responsibility of the Public Works Department to facilitate and coordinate any updates and required maintenance with access limited to that detailed in the City Manager's promulgated policies.

Attachment 2

BERKELEY ANIMAL CARE SERVICES SURVEILLANCE ACQUISITION REPORT Surveillance Camera Acquisition Report 1

SURVEILLANCE CAMERAS
A. DE SCRIPTION
The Avigilon camera system consists of three m
ain components: The camera, the server, and a remote
information management system referred to as the Avigilon Control Center Client application (ACC).

The first component, the Avigilon camera, is a device that incorporates a video recording from an image. Cameras already exist at the Animal Shelter and will not be acquired here.

The second component of the system is the server. Once the A vigilon camera captures the imagery, a
local device called a server, functions as a repository for the data. Servers are physically secured on City property and video recordings are protected within the City’s network. Servers are designed to store recorded events in real time for secure retrieval and analysis. Recorded videos are transferred from the server’s storage into an information management system, Avigilon Control Center (ACC) application.1 The third component is the Avigilon Control Center Client ap plication (ACC) which streamlines data
management and allows users to access videos on one secure platform . The ACC software provides various levels of analytic s to sort stored videos faster and is a standard feature . These include pixel motion detection of vehicles and people. Vehicular characteristics are searchable by vehicle type and color. Personal characteristics are searchable by gender (gender is a binary search, female of male), hair color, age, and upper and lower body clothing color. Authorized users of the system can only access data stored on a server through the ACC application. The ACC application is located on the server and accessed solely through the City’s secured intranet by protected login and password. The application does not allow the authorized administrator or system users to alter, manipulate, or edit any of the footage recorded by the server.
1 https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=200320040AB839 Attachment 3

BERKELEY ANIMAL CARE SERVICES SURVEILLANCE ACQUISITION REPORT

Surveillance Camera Acquisition Report 2

B. PURPOSE
The cameras shall only record video images and not sound. Recorded images may be used and video surveillance may be monitored to support specific and active criminal or administrative investigations.

Surveillance cameras will be utilized for the following business purposes:

1. To support specific and active criminal investigations.

2. To support the enforcement of City policies and State and local laws.

3. To prevent, deter, and identify individuals who intentionally abandon animals.

4. To protect and safeguard the animals in our care from theft or harm.

C. LOCATION
Surveillance cameras impacted by this report are located at 1 Bolivar Dr, Berkeley CA (the Dona Spring Animal Shelter).

D. IMPACT
The primary intent of these cameras is described in Section B, above. Animal Care Services will work to ensure that the video recordings are secured and only accessible to authorized personnel (namely, authorized Animal Care Services personnel trained on the uses and data security components of the camera, and the Berkeley Police Department for the investigation of criminal cases, such as animal cruelty). The right to maintain someone's anonymity versus the need to collect information to maintain safety is of paramount concern. Animal Care Services recognizes that all people have a right to privacy and is committed to protecting and safeguarding civil rights by adhering to the strictest requirements concerning the release of video recordings. There should not be any impact on anyone's civil liberties or civil rights. The camera system lacks the hardware to conduct license plate reader or facial recognition technology. Audio is a standard feature of the cameras, but will remain deactivated by the authorized administrators of the system. Staff is explicitly prohibited from using any facial rec ognition technology as outlined in BMC 2.99.

Animal Care Services will ensure responsible data management, transparency, and accountability including the posting of video surveillance notices.

E. MITIGATION
In order to minimize violations of privacy , data shall be maintained in a secure, non -public accessible location, such locations requir e specialized system access including a dedicated password and log in.

Data will be obtained or released in accordance with the use policy. Data will not be used to unlawfully discriminate against people based on race, ethnicity, political opinions, religious or philosophical beliefs, trade union membership, gender identity, disability status, sexual orientation or activity, or genetic and/or biometric data. Additionally, Animal Care Services will not use the camera surveillance system to scan footage and identify individuals based on any of the categories listed in the preceding sentence.

Attachment 3

BERKELEY ANIMAL CARE SERVICES SURVEILLANCE ACQUISITION REPORT

Surveillance Camera Acquisition Report 3

Employees are prohibited from retaining, duplicating, or distributing video recordings except for business purposes in accordance with the use policy.

F. DATA TYPES AND SOURCES
The surveillance camera system's use is limited to capturing non-audio, video recordings affixed to City property at 1 Bolivar Drive. The Camera Surveillance system collects video recordings in high-resolution imagery that is stored securely on a local server and accessible by authorized users on the ACC application. As video images are recorded, the ACC application automatically stamps the video with the current date/time and the camera's identity.

G. DATA SECURITY
External users will not have access to the ACC application. The authorized administrator and designated staff will have access to video recordings. To gain system access, staff must obtain approval from the Animal Services Manager. Authorized users will access the ACC application via a single sign -on and password administered by Information Technology . All system access including system log- in, access duration, and data access points is accessible and reportable by the Public Works authorized administrator. The application prohibits the authorized administrator and users from altering, manipulating, tampering, or editing video recordings.

The Public Works Director or his/her designee shall appoint a member of the department as the authorized administrator to coordinate the use and maintenance of the Surveillance Camera system and the storage of recordings, including:

1. Establishing a system for downloading, storing, and securing of recordings.

2. Designating persons responsible for downloading recorded data.

3. Establishing a maintenance system to ensure the working order of surveillance cameras.

4. Monitoring the system to prevent tampering, deleting, and copying recordings.

5. Working in alignment with the State of California record retention policy, AB 839 to ensure an appropriate retention schedule is being applied to recordings and associated documentation.

6. Maintaining an audit trail record for all access to video recording files, wherein access information for each file is logged using a secure log-in system. The ACC application associates an audit trail record with each user access information, thereby logging the date, time, user name, and activity occurring during each video recording file access.

H. FISCAL COST
Costs (fixed and ongoing) for the purchase of the servers is below. All camera servers are purchased and wholly owned and operated by City of Berkeley.

Purchase Cost: $57,908.08
I. THIRD PARTY DEPENDENCE AND ACCESS
All Camera Surveillance data is accessed by a secure network login and password and stored on servers maintained by the Department of Information Technology . There is no third -party dependence or Attachment 3

BERKELEY ANIMAL CARE SERVICES SURVEILLANCE ACQUISITION REPORT

Surveillance Camera Acquisition Report 4

external access to information other than the ACC is a proprietary technology which requires all the components to be Avigilon.

J. ALTERNATIVES
The City can decide to rely on traditional policing techniques as a method for addressing crime such as deploying sworn officers to patrol the Animal Shelter.

There is a broad consensus – among the community– that surveillance cameras can be an important tool for deterring criminal activities and maintaining staff and animal safety.

K. EXPERIENCE OF OTHER ENTITIES
Many municipal shelters use security camera systems for the enforcement of animal welfare codes and to maintain staff and animal safety.

Attachment 3

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

CONSENT CALENDAR
March 11, 2025
To: Honorable Mayor and Members of the City Council From: Paul Buddenhagen, City Manager
Submitted by: Henry Oyekanmi, Director, Finance
Subject: Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on March 11, 2025

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

FISCAL IMPACTS OF RECOMMENDATION
Total estimated cost of items included in this report is $4,775,000 PROJECT Fund Source Amount
Plan Checking Services 621 PROF SVCS – MISC. $4,500,000 City of Berkeley Billboard Relocation
Agreement
Generator Maintenance Services 673 BUILDING M $275,000
Total: $4,775,000

CURRENT SITUATION AND ITS EFFECTS
On May, 6, 2008, Council adopted Ordinance No. 7,035-N.S. effective June 6, 2008, which increased the City Manager’s purchasing authority for services to $50,000. As a 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.

Internal
Formal Bid Solicitations and Request for Proposals CONSENT CALENDAR Scheduled for Possible Issuance After Council March 11, 2025 Approval on March 11, 2025

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

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

RATIONALE FOR RECOMMENDATION
Need for the goods and/or services.

ALTERNATIVE ACTIONS CONSIDERED
None.

CONTACT PERSON
Roopreet Walia-Soorma, Senior Buyer, Finance, 510-981-7311 Attachments:

1. Plan Checking Services

2. City of Berkeley Billboard Relocation Agreement

3. Generator Maintenance Services
Note: Original of this attachment with live signature of authorizing personnel is on file in General Services.

NEXT 30 DAYS
DATE SUBMITTED: MARCH 11, 2025
Attachment 1

SPECIFICATION
NO.

DESCRIPTION OF

GOODS /

SERVICES BEING

PURCHASED
APPROX. RELEASE
DATE
APPROX. BID

OPENING DATE

INTENDED USE ESTIMATED COST BUDGET CODE TO BE

CHARGED
DEPT. / DIVISION CONTACT NAME &
PHONE
25-11713-C Plan Checking
Services
3/3/2025 3/28/2025 Plan checking services for all types of projects, including
but not limited
to new and existing buildings, soft
story building retrofits and high-rise
buildings subject to special life safety
provisions. Contract term will be
three years.
$4,500,000 621-53-585-634-0000-000-
472-612990-
Planning / Building & Safety Jesse Bright
981-7523
25-11714 City of Berkeley
Billboard Relocation
Agreement
3/1/2025 4/1/2025 The City will enter into a relocation agreement
with a company to
demolish existing and install new
billboard(s) and provide the City
with a commensurate
financial
package.

Planning  Alene Pearson
510-981-7489
Dept Total $4,500,000
25-11715-C Generator
Maintenance Services
2/1/2025 3/1/2025 Maintenance, inspection and repair
of city electrical generators
$275,000 over three
years with two 1-year
optional
extensions
673-54-624-692-0000-000-
472-624110-
Public Works/
Facilities
Tucker Brofft
510-981-5375
Erika Barros
510-981-6462
Dept Total $275,000
TOTAL $4,775,000
1 of  2

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

CONSENT CALENDAR
March 11, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: David Sprague, Fire Chief
Subject: Annual Purchase Orders for L.N. Curtis and Sons: Fire Department

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute annual purchase orders and any amendments with L.N. Curtis and Sons for the purchases of:
 Turnouts, and personal protective equipment (PPE) such as wildland coats and pants, gloves, helmets, hearing and eye protection, and fire boots  Firefighting tools and equipment such as firehose, fire extinguishers, foam, ladders, pumps, and related tools and equipment
The purchase order for FY2026 shall not exceed $330,000, with an annual increase no more than 5% each year through March 27, 2028. A 20% contingency is added to cover costs arising from unforeseen incidents or operations for a total amount not to exceed (NTE) $1,040,324.

FISCAL IMPACTS OF RECOMMENDATION
The funding for turnouts, PPE, firefighting tools and equipment is in the Fire Departments baseline General Fund, Measure GG, Measure FF or UC Funds budgets.

The number of turnouts and PPE purchased each fiscal year depends on the number of recruits hired and the number of turnouts and PPE that need to be replaced per National Fire Protection Association (NFPA) requirements.

Firefighting tools and equipment are replaced due to normal wear and tear during fire suppression operations.

Year
Amount (With
5% Annual
Increase)
20%
Contingency
Total Not to
Exceed
FY2026 $275,000 $55,000 $330,000
FY2027 $288,750 $57,750 $346,500
FY2028 $303,187 $60,637 $363,824
Total $1,040,324

Annual Purchase Orders for L.N. Curtis and Sons: Fire Department CONSENT CALENDAR March 11, 2025

CURRENT SITUATION AND ITS EFFECTS
Turnouts and PPE are necessary protective safety gear for firefighting personnel and are required to fully comply with updated CAL-OSHA and National Fire Protection Association (NFPA) 1971, Standard on Protective Ensembles for Structural Fire Fighting and Proximity Fire Fighting. Firefighting equipment is also needed for fire suppression and responding to emergency calls.

This purchase piggybacks off two publicly solicited cooperative contracts awarded to L.N. Curtis & Sons. These contracts are established through a formal competitive Request for Proposal (RFP) process conducted by Sourcewell.  Firefighter protective gear-equipment, Contract No. #010424-LNC, RFP Notice 11/09/2023, Awarded 04/22/2024, Maturity Date 03/27/2028  Firefighting equipment, rescue tools, and accessories, Contract No. #020124- LNC, RFP Notice 12/14/2023, Awarded 04/22/2024, Maturity Date 04/04/2028 Piggybacking off a cooperative contract is allowable and it streamlines the procurement process, reducing administrative costs and delays associated with a local RFP.

BACKGROUND
Each year the Fire Department purchases turnouts and PPE for firefighters performing in the line of duty. In addition, reliable mission critical tools and equipment are needed for them to perform their duties. The products offered by L.N. Curtis and Sons meet national, state and local safety standards and provide safe protective clothing and equipment for firefighters engaging in fire suppression and rescue operations.

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

RATIONALE FOR RECOMMENDATION
PPE and equipment are required for firefighters to be maintain a state of readiness and be compliant with national and state laws. Relying on Sourcewell’s procurement process will minimize staff hours spent on this project while ensuring there is a competitive process.

ALTERNATIVE ACTIONS CONSIDERED
No alternative actions are considered.

CONTACT PERSON
David Sprague, Fire Chief, (510) 981-3473
Attachments:

Annual Purchase Orders for L.N. Curtis and Sons: Fire Department CONSENT CALENDAR March 11, 2025

1: Resolution

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

ANNUAL PURCHASE ORDERS FOR L.N. CURTIS AND SONS: FIRE DEPARTMENT WHEREAS, the Fire Department purchases turnouts and Personal Protective Equipment (PPE) for firefighters, and
WHEREAS, reliable mission critical tools and equipment are needed for them to perform their duties, and
WHEREAS, the products offered by L.N. Curtis and Sons meet national, state and local safety standards that provide safe protective clothing and equipment for firefighters engaging in fire suppression and rescue operations, and WHEREAS, this purchase piggybacks off two publicly solicited cooperative contracts awarded to L.N. Curtis & Sons, and
WHEREAS, these contracts are established through a formal competitive Request for Proposal (RFP) process conducted by Sourcewell, and
WHERE AS, one is for firefighter protective gear-equipment, Contract No. #010424- LNC, RFP Notice 11/09/2023, Awarded 04/22/2024, Maturity Date 03/27/2028, and WHEREAS, one is for firefighting equipment, rescue tools, and accessories, Contract No. #020124-LNC, RFP Notice 12/14/2023, Awarded 04/22/2024, Maturity Date 04/04/2028.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that Adopt a Resolution authorizing the City Manager to execute annual purchase orders and any amendments with L.N. Curtis and Sons for the purchases of turnouts, and personal protective equipment (PPE) such as wildland coats and pants, gloves, helmets, hearing and eye protection, fire boots, firefighting tools and equipment such as firehose, fire extinguishers, foam, ladders, pumps, and related tools and equipment, and BE IT FURTHER RESOLVED that the purchase order for FY2026 shall not exceed $330,000, with an annual increase no more than 5% each year through March 27, 2028.

A 20% contingency is added to cover costs arising from unforeseen incidents or operations for a total amount not to exceed (NTE) $1,040,324.

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

CONSENT CALENDAR
March 11, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Scott Gilman, Director, Health, Housing, and Community Services Subject: Contract No. 32400177 Amendment - Health Officer Coverage Contract – Dr.

Lisa B. Hernandez

RECOMMENDATION
Adopt a Resolution authorizing the City Manager or his designee to amend Contract No. 32400177 with Dr. Lisa B. Hernandez to increase by $60,000 for a total not to exceed amount (NTE) of $180,000.

FISCAL IMPACTS OF RECOMMENDATION
Costs for Health Officer coverage will be paid for by General Funds (Fund 011) salary savings in the Fiscal Year 2025 Adopted Budget. The grant (Fund 302) that supported this contract last year was reduced for all jurisdictions statewide due to budget cuts.

Payment will be $50 per hour/$1,200 per day. Total costs are not to exceed $180,000.

CURRENT SITUATION AND ITS EFFECTS
The City of Berkeley receives funding from the California Department of Public Health through the Future of Public Health grant. The funding requires each local health jurisdiction to have Health Officer on-call coverage at all times. The City of Berkeley currently relies on backup coverage while the City is recruiting a permanent Health Officer.

BACKGROUND
Most public health jurisdictions have on-call Health Officer coverage to address urgent communicable diseases and other public health issues. Additionally, this coverage is required by the Future of Public Health grant. Dr. Hernandez served as Health Officer for the City of Berkeley for five years, until July 2023. The City Council is asked to approve continued Health Officer coverage, as Council also approves the appointment of a permanent Health Officer.

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

Contract Amendment – Contract No. 34200177 for CONSENT CALENDAR Health Officer Coverage-Dr. Lisa Hernandez March 11, 2025

RATIONALE FOR RECOMMENDATION
Health Officer coverage is required by the Future of Public Health grant and may be needed if urgent public health issues arise.

ALTERNATIVE ACTIONS CONSIDERED
The City could continue to have periodic gaps in Health Officer coverage when the Health Officer is unavailable.

CONTACT PERSON
Alexandra Deitch, Sr. Health Services Program Specialist, HHCS, 510-981-5379 Attachments:
1: Resolution

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

CONTRACT NO. 32400177 AMENDMENT: DR. LISA B. HERNANDEZ FOR HEALTH

OFFICER SERVICES DURING PERIODS WHEN THE CITY HEALTH OFFICER IS

OUT OF OFFICE
WHEREAS, most public health jurisdictions have on-call Health Officer coverage to address urgent communicable diseases and other public health issues; and WHEREAS, the City of Berkeley receives funding from the California Department of Public Health through the Future of Public Health grant, which requires each local health jurisdiction to have Health Officer coverage at all times; and WHEREAS, Dr. Lisa B. Hernandez served as the Health Officer for the City of Berkeley for five years, and is willing to provide coverage for the City of Berkeley again; and WHEREAS, on April 1, 2024, the City of Berkeley entered into contract with Dr.

Hernandez (Contract 32400177) to provide Health Officer coverage when the Health Officer is out of the office to ensure 24/7 Health Officer coverage; and WHEREAS, an additional $60,000 is needed to increase the existing contract for Health Officer coverage for the City of Berkeley when the Health Officer is out of the office and unavailable.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager or his designee is authorized to amend Contract No. 32400177 and any amendments with Dr. Lisa Hernandez from April 1, 2024, to June 30, 2026, in an amount not to exceed $180,000 utilizing General Funds (Fund 011) and Future of Public Health Grant Funds (Fund 302).

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

CONSENT CALENDAR
March 11, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Scott Gilman, Director, Health, Housing, and Community Services Subject: Joint Homekey+ Application for MLK House at 2942-44 Martin Luther King, Jr.

Way

RECOMMENDATION
Adopt two Resolutions approving the following actions in support of a Homekey+ program funding allocation by:

1. Authorizing the City Manager or designee to prepare and submit a joint application with Insight Housing to the State of California Housing and Community Development (HCD) Department’s Homekey+ program for the MLK House project, which will provide permanent supportive housing for veterans.

2. Authorizing the City Manager or designee to take all necessary actions for the City’s participation in HCD’s Homekey+ program, including entering into HCD’s Standard Agreement and any amendments.

3. Authorizing the City Manager or designee to execute all original or amended documents or agreements necessary to effectuate these actions.

FISCAL IMPACTS OF RECOMMENDATION
If the joint application to the Homekey+ program is successful the total award of $4,224,000 ($3,300,000 capital request and $924,000 operating request) will go directly to 2942 MLK Berkeley LLC, a Special Purpose Entity (SPE) created by Insight Housing (Insight) to own and operate the project. However, if HCD requires the City to be the recipient of funds instead of the SPE, the City will pass the funds through to the SPE for the project.

The City has an existing loan with Insight for just over $2M to support the renovation of MLK House; no new City funds will be allocated with this Council action. MLK House may require ongoing operating support after the proposed capitalized operating reserves are expended (expected in the fifth year of property operations). Staff will work with the development team to identify funding sources to support the long-term operations of this project.

Joint Homekey+ Application for MLK House CONSENT CALENDAR at 2942-44 Martin Luther King, Jr. Way March 11, 2025

CURRENT SITUATION AND ITS EFFECTS
Insight requested that the City jointly apply for Homekey+ funding to support the renovation and operation of its MLK House project. MLK House (2942-2944 Martin Luther King, Jr. Way) is a Single-Room Occupancy (SRO) permanent housing project with shared bathrooms and a communal kitchen.

Insight took ownership of MLK House in November 2024, and intends to convert the property into supportive housing for 11 homeless or formerly homeless veterans. The City provided a $2,000,988 Housing Trust Fund program loan (authorized by Council in January 2024 with Resolution No. 71,190-N.S.) to support the rehabilitation of the property. Insight intends to use the funds to add kitchenettes to each room in order to make them eligible for Veterans Affairs Supportive Housing (VASH) vouchers from the Department of Veterans Affairs (VA). The vouchers will provide critical operating support, but additional capital and operating funding from Homekey+ would benefit the project’s long-term feasibility.

The proposed project is eligible for an estimated $4.3M in HCD Homekey+ funds, including five years of operating subsidy. HCD recommends seeking authorization for a higher dollar amount than the estimated amount because award amounts are subject to change. Also, if a higher amount is granted than authorized in the resolution, a new resolution is required. Therefore, the resolution will request $4.5M in HCD Homekey+ funds. Because the proposed project would provide permanent supportive housing for 11 veterans, it would require significant and ongoing operating subsidies. Insight Housing plans to apply for Behavioral Health Services Act (BHSA) funds to develop the site into a HUD-VASH Board and Care program which would partially satisfy operating subsidy requirements.

To meet the eligibility requirements of HCD’s Homekey+ program, the City will need to jointly apply with the development team and provide matching funds. The application will list the City’s $2,000,988 HTF reservation as the required capital match. In order for the project to receive the Homekey+ funds, the City will be required to enter into the State’s Standard Agreement, which will require the project remain affordable for 55 years.

BACKGROUND
Homekey+ is a new program funded by Proposition 1 to build permanent supportive housing for veterans and other individuals with mental health and/or substance use disorders. There is $1.033 billion available for veterans and $1.11 billion for all other eligible populations. It has a similar model to the original Homekey program which encouraged rehabilitation and conversion of existing buildings into permanent affordable housing. HCD released the Homekey+ NOFA on November 23, 2024 and the applications will open at the end of January 2025. HCD will start to announce Homekey+ awards in the summer of 2025 on a rolling basis. Developers with a Homekey+ eligible project must apply in partnership with a public agency. HCD requires

Joint Homekey+ Application for MLK House CONSENT CALENDAR at 2942-44 Martin Luther King, Jr. Way March 11, 2025

applicants to use their Homekey+ resolution template, which must be adopted as written.

In 2021, the City submitted a successful joint Homekey application with Bay Area Community Services (BACS) and Memar Properties for the Golden Bear Inn, which is located at 1620 San Pablo Avenue and was formerly operated as a 44-room hotel. The project reached full occupancy in January 2023 and serves chronically homeless households, with services provided by BACS.

In 2023, the City submitted a successful joint application with Memar Properties and Housing Consortium of the East Bay during the third round of Homekey funding for the University Inn located at 1461 University. The project is partially occupied, and renovations are scheduled to begin later this spring.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no environmental sustainability effects directly associated with the recommendations in this report. If the City’s funding application is successful, the project will be rehabilitated, which is generally considered a more sustainable type of development.

RATIONALE FOR RECOMMENDATION
Participation in a joint Homekey+ application with Insight Housing for MLK House will support veterans experiencing homelessness with behavioral health challenges and will bring permanent supportive housings units for that population online on an expedited timeline.

ALTERNATIVE ACTIONS CONSIDERED
The City could decline to participate in the Homekey+ program. Since that would not be consistent with the City’s Strategic Plan to increase affordable housing opportunities, staff is recommending participation as described above.

CONTACT PERSON
Be Tran, Community Development Project Coordinator, HHCS, (510) 981-5430 Attachments:

1. Resolution – Approval to Submit Joint Application with Insight Housing for Homekey+ Funds for MLK House Homekey+ Project Located at 2942-44 Martin Luther King, Jr. Way

2. Resolution – Authorizing Joint Application to and Participation in the Homekey+ Program for MLK House

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

APPROVAL TO SUBMIT JOINT APPLICATION WITH INSIGHT HOUSING FOR HOMEKEY+ FUNDS FOR MLK HOUSE HOMEKEY+ PROJECT LOCATED AT 2942- 44 MARTIN LUTHER KING, JR. WAY
WHEREAS, on January 30, 2024, by Resolution No. 71,190-N.S., City Council approved the transfer of MLK House to Insight Housing as well as a reservation of $2,000,988 in Housing Trust Fund (HTF) funds to support the renovation of the project; and WHEREAS, on November 26, 2024, the State of California Housing and Community Development Department (“HCD”) released a Notice of Funding Availability for $2.2B of Homekey+ funds; and
WHEREAS, in order for Insight Housing to pursue HCD funding through the Homekey+ program, Insight Housing must submit a joint application with the City of Berkeley; and WHEREAS, the City may be required to accept a portion of the project’s liability as a condition of the joint Homekey+ application, though the risk may be mitigated by a side agreement negotiated between the City and Insight Housing.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that it approves the submission of a joint application with Insight Housing or their affiliate for the Homekey+ application for MLK House Homekey+ project.

BE IT FURTHER RESOLVED that the City Manager shall work to mitigate risk to the City from serving as a joint applicant, including negotiating an agreement with Insight Housing regarding mutual responsibilities.

BE IT FURTHER RESOLVED that the City Manager, or designee, is authorized to execute in the name of Applicant the Homekey+ Program Application Package and the Homekey+ Program Documents as required by HCD for participation in the Homekey+ program.

BE IT FURTHER RESOLVED that the City Manager, or designee, is hereby authorized to execute all original or amended documents or agreements to effectuate this action; a signed copy of said documents, agreements, and any amendments will be kept on file in the Office of the City Clerk.

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

MLK House

RESOLUTION OF THE GOVERNING BODY OF CITY OF BERKELEY AUTHORIZING JOINT APPLICATION TO AND PARTICIPATION IN THE HOMEKEY+ PROGRAM WHEREAS, The Department of Housing and Community Development (“HCD”) has issued a Notice of Funding Availability, dated November 26, 2024 (“NOFA”), for the Homekey+ Program (“Homekey+” or “Program”). HCD has issued the NOFA for Homekey+ grant funds pursuant to Health and Safety Code Section 50675.1.3 (Assem.

Bill No. 140 (2021-2022 Reg. Sess.), § 20.); Health and Safety Code Section 50675.1.5 (Assem. Bill No. 531 (2023-2024 Reg. Sess.); Section 14184.402 of the Welfare and Institutions Code; Section 5891.5 of the Welfare and Institutions Code; and Round 5 and 6 of the Homeless Housing, Assistance and Prevention (HHAP) grant program. (Assem.

Bill No. 129 (Chapter 40, Statutes 2023) and Assem. Bill No. 166 (Chapter 48, Statutes 2024), respectively; and
WHEREAS, City of Berkeley (“Applicant”) desires to jointly apply for Homekey+ grant funds with Insight Housing and 2942 MLK Berkeley LLC. Therefore, Applicant is joining Insight Housing and 2942 MLK Berkeley LLC in the submittal of an application for Homekey+ funds (“Application”) to HCD for review and consideration; and WHEREAS, HCD is authorized to administer Homekey+ pursuant to the Multifamily Housing Program (Chapter 6.7 (commencing with Section 50675) of Part 2 of Division 31 of the Health and Safety Code. Homekey+ funding allocations are subject to the terms and conditions of the NOFA, the Application, the HCD-approved STD 213, Standard Agreement (“Standard Agreement”), and all other legal requirements of the Homekey+ Program.

NOW THEREFORE, BE IT RESOLVED that Applicant is hereby authorized and directed to submit a joint Application to HCD in response to the NOFA, and to jointly apply for Homekey+ grant funds in a total amount not to exceed $4,500,000.

BE IT FURTHER RESOLVED that if the Application is approved, Applicant is hereby authorized and directed to enter into, execute, and deliver a Standard Agreement in a total amount not to exceed $4,500,000, any and all other documents required or deemed necessary or appropriate to secure the Homekey+ funds from HCD and to participate in the Homekey+ Program, and all amendments thereto (collectively, the “Homekey+ Documents”).

BE IT FURTHER RESOLVED that Applicant acknowledges and agrees that it shall be subject to the terms and conditions specified in the Standard Agreement, and that the NOFA and Application will be incorporated in the Standard Agreement by reference and made a part thereof. Any and all activities, expenditures, information, and timelines represented in the Application are enforceable through the Standard Agreement. Funds

are to be used for the allowable expenditures and activities identified in the Standard Agreement.

BE IT FURTHER RESOLVED that the City Manager, or his designee, is authorized to execute the Application and the Homekey+ Documents on behalf of City of Berkeley for participation in the Homekey+ Program.

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

CONSENT CALENDAR
March 11, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Scott Gilman, Director, Health, Housing, and Community Services Subject: Authorize Integration of BUSD Preferences with the City of Berkeley’s Housing Preference Policy for BUSD Workforce Housing Project (1701 San Pablo)

RECOMMENDATION
Adopt a Resolution authorizing the Berkeley Unified School District (BUSD) Workforce Housing project (1701 San Pablo / SAHA / Abode) to apply both a set of housing preferences (“BUSD Preferences”) (Exhibit A) developed by its Governance Committee and the City of Berkeley’s Housing Preference Policy (“City Preferences”), integrated, with the following clarifications:
 Lottery results within BUSD preference tiers each will be re-sorted by applicant’s total number of City preference points.
 Lottery results for Non-BUSD employees would also be re-sorted by applicant’s total number of City preference points.
 The persons experiencing homelessness preference would be applied within the BUSD preference framework.
 Layering of City preferences onto BUSD preferences will be conditional on implementation feasibility, as determined by the City Manager.  Prior to finalizing the Tenant Selection and Marketing Plan, the project team would need to submit a Fair Housing Analysis to the City.

FISCAL IMPACTS OF RECOMMENDATION
No impact.

CURRENT SITUATION AND ITS EFFECTS
Satellite Affordable Housing Associates (SAHA) and Abode Communities (Abode) are jointly developing BUSD Workforce Housing, an educator housing project on BUSD- owned land (1701 San Pablo Avenue). The City is entering into a $26.5M million Housing Trust Fund (HTF) program loan, which makes the project subject to the City’s Housing Preference Policy. The project team requested authorization to apply BUSD Preferences ahead of City Preferences.

Authorize Integration of BUSD Preferences with the City of Berkeley’s CONSENT CALENDAR Housing Preference Policy for BUSD Workforce Housing Project (1701 San Pablo) March 11, 2025

BUSD consulted with their staff and employee unions to establish the following priorities for the project, which are incorporated into the project’s ground lease (see Exhibit A for details):

1. BUSD Full-time Employee Experiencing Homelessness

2. BUSD Part-time Employee Experiencing Homelessness

3. BUSD Full-Time Employee

4. BUSD Part-Time Employee
Since the BUSD Preferences in the ground lease would have priority over the City Preferences in documents recorded against the ground lease, City staff are seeking Council approval to integrate both policies. This approach will allow the project to move forward while maintaining compliance with City policy.

The project must execute the ground lease and record all loan documents by March 17, 2025 to retain its state bond financing. Failure to do so could jeopardize the project’s funding and delay its development.

BACKGROUND
On July 11, 2023, City Council unanimously adopted Resolution 70-960 N.S. (Exhibit B) adopting a Housing Preference Policy for affordable units developed with City subsidy and through the Below Market Rate Program. The resolution established an effective date of January 1, 2024, after which date the Housing Preference Policy applies to new affordable housing units created by the City’s Housing Trust Fund and Below Market Rate programs. This policy implements Council and community-identified goals to prevent and reverse displacement from Berkeley, as well as addressing historical injustices.

The BUSD Workforce Housing project is a 110-unit affordable housing development that SAHA and Abode will build on BUSD’s Berkeley Adult School property. The project will help BUSD employees live in the community they serve. The project would include a mix of 1-, 2-, and 3-bedroom units serving households earning between 30% and 120% of the Area Median Income. The unit mix and affordability levels are based on staff surveys. While BUSD employees would get priority, people who are not BUSD employees will be eligible to apply for housing. SAHA and Abode (through their limited partnership entity, 1701 San Pablo, LP) will enter into a long-term (99-year) ground lease with BUSD. The form of the ground lease was approved by BUSD on February 5, 2025.

The City invested a total of $26.5M of Measure O bond funds into the educator housing project. On December 14, 2021, City Council passed Resolution 70,134-N.S., reserving $24.5M for the BUSD Workforce Housing project. Council subsequently passed Resolution 71,549-N.S on October 29, 2024, authorizing an additional $2M.

Authorize Integration of BUSD Preferences with the City of Berkeley’s CONSENT CALENDAR Housing Preference Policy for BUSD Workforce Housing Project (1701 San Pablo) March 11, 2025

In addition to the City’s investment in the project, the development team secured an award of 4% tax credits, state bond funding, and California Housing Finance Agency’s (CalHFA) Mixed Income Program (MIP) funds. The project is now shovel ready and is projected to close its financing in March, and start construction soon after.

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 layered set of preferences with BUSD and City of Berkeley preferences can help reduce greenhouse gas (GHG) emissions associated with longer commutes by both ensuring that more BUSD employees live closer to work, and by reducing or reversing displacement of individuals with ongoing ties to Berkeley.

RATIONALE FOR RECOMMENDATION
The City invested a significant amount of Measure O funds into this project. Requiring that BUSD remove its preferences from the ground lease would delay closing due to lease renegotiation and loss of critical funds that make this project feasible. Failure to meet the March 17th closing deadline could result in a loss of bond financing and would likely stall the project.

ALTERNATIVE ACTIONS CONSIDERED
The City could request that BUSD simplify its preferences in order to be more consistent with City policy. BUSD may not be receptive to this option, and at a minimum this would result in a need to renegotiate the ground lease. This would cause the project to miss its March 17th closing deadline, jeopardizing the state bond funds and possibly stalling the project.

Alternatively, the City could choose not to apply its preferences to BUSD employees, and only apply the City Preferences to non-BUSD applicants. Since the intent of the project is to house local educators, and since BUSD employees will get priority placement, there may be limited opportunities to house non-BUSD applicants, and the City Preferences would have a limited impact.

Staff elected to seek Council authorization to layer the two preference policies in order to comply as closely as possible with City policy and Council’s anti-displacement goals.

CONTACT PERSON
Jenny Wyant, Senior Community Development Project Coordinator, HHCS, 510-981- 5228
Attachments:
1: Resolution
Exhibit A: BUSD Preferences
Exhibit B: Resolution 70, 960-N.S., City Housing Preference Policy

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

AUTHORIZING THE INTEGRATION OF BERKELEY UNIFIED SCHOOL DISTRICT (BUSD) PREFERENCES WITH CITY PREFERNCES FOR THE BUSD WORKFORCE

HOUSING PROJECT
WHEREAS, on July 11, 2023, by Resolution 70,960-N.S., City Council approved the adoption of a City Housing Preference Policy (City Preferences) for affordable units developed with City subsidy and through the Below Market Rate (BMR) program; and WHEREAS, the City Preferences implement City Council and community-identified goals to prevent and reverse displacement from Berkeley, and apply to City-funded affordable housing projects that execute regulatory agreements on or after January 1, 2024; and WHEREAS, Satellite Affordable Housing Associates (SAHA) and Abode Communities (Abode) are jointly developing an affordable, educator housing project located on property owned by the Berkeley Unified School District (BUSD); and WHEREAS, City Council approved a $24.5 million funding reservation for the BUSD Workforce Housing project through the City’s Housing Trust Fund (HTF) program on December 14, 2021, by Resolution 70,134-N.S.; and
WHEREAS, on October 29, 2024, by Resolution 71,549-N.S., the City Council approved an additional $2 million funding reservation for the same project; and WHEREAS, BUSD and its stakeholders established tiered preferences for BUSD- employed persons (as described in Exhibit A) and incorporated them into their long-term ground lease for the project; and
WHEREAS, City Council authorization is required to allow integration of the BUSD preferences with the City Preferences.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that SAHA and Abode are authorized to apply both the BUSD-established housing preferences and the City Preferences (as described in Exhibit B) to the BUSD Workforce Housing project, in a manner determined by the City Manager, or their designee.

BE IT FURTHER RESOLVED the application of the BUSD and City Preferences shall be subject to the following conditions:
 Lottery results within BUSD preference tiers each will be re-sorted by applicant’s total number of City preference points.
 Lottery results for Non-BUSD employees would also be re-sorted by applicant’s total number of City preference points.
 The persons experiencing homelessness preference would be applied within the BUSD preference framework.

 Layering of City preferences onto BUSD preferences will be conditional on implementation feasibility, as determined by the City Manager.  Prior to finalizing the Tenant Selection and Marketing Plan, the project team would need to submit a Fair Housing Analysis to the City.

BE IT FURTHER RESOLVED that the City Manager, or their designee, is hereby authorized to execute all original or amended documents or agreements to effectuate this action; a signed copy of said documents, agreements, and any amendments will be kept on file in the Office of City Clerk.

Exhibits
A: BUSD Preferences
B: Resolution 70, 960-N.S., City Housing Preference Policy

EXHIBIT A

BUSD EMPLOYEE LEASING PREFERENCE
All units at the Project will have a preference for BUSD employees in the following order:

1. BUSD Full-time Employee Experiencing Homelessness – BUSD employee is a minimum .8 FTE and experiencing homelessness

2. BUSD Part-time Employee Experiencing Homelessness -- BUSD employee is a minimum .4 FTE but less than .8 FTE and experiencing homelessness

3. BUSD Full-Time Employee -- BUSD employee is a minimum .8 FTE

4. BUSD Part-Time Employee -- BUSD employee is a minimum .4 FTE but less than .8 FTE
Additional Eligibility Criteria:
 Employee Definition: For the purposes of the Housing Preference, BUSD defines Employee as a District Employee that is categorized as one of the following: Permanent; Probationary 2; Certificated Adult School.  Verification of eligibility for either the BUSD Full-Time Employee preference or BUSD Part-Time Employee preference will be verified by BUSD administrative office.
 BUSD employees employed at less than .4 FTE will not receive a BUSD Employee preference

EXHIBIT B

EXHIBIT B

EXHIBIT B

EXHIBIT B

Internal
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
March 11, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Monica Walker, Interim Director of Human Resources Subject: Salary Adjustments – Deputy Director of Public Works (Unrepresented) and Deputy Director of Health, Housing, and Community Services (Unrepresented)

RECOMMENDATION
Adopt a Resolution increasing the top step of the Deputy Director of Public Works classification to $110.9807 per hour and of the Deputy Director of Health, Housing, and Community Services to $107.0460 per hour to rectify compaction with salaries of classifications they supervise.

FISCAL IMPACTS OF RECOMMENDATION
The recommended adjustments affect only three employees and will be absorbed by their respective departments.

CURRENT SITUATION AND ITS EFFECTS
Currently, the top step of the Deputy Director of Public Works classification ($103.2152 per hour) is barely 0.4% above that of Manager of Engineering ($102.7599), where best practice would call for a gap of 5% to 10%. Similarly, the Deputy Director of HHCS earns $103.2152 at top step, which is 4.13% above the top step of Manager of Mental Health Services ($99.1167).

To rectify this compaction, the recommendation is to effectuate an 8% gap between the Deputy classifications and the lower classifications they supervise.

BACKGROUND
Cost-of-living increases recently negotiated with the City’s labor unions have created a salary compaction issue for the Deputy Director of Public Works classification and the Deputy Director of HHCS classification, meaning that the holders of these positions are earning wages that are comparable (and, in at least one case, even less) than the employees they supervise, contrary to the tenets of civil service that pertain to Classification and Compensation.

Internal
Salary Adjustments – Deputy Director of PW and Deputy Director of HHCS CONSENT CALENDAR March 11, 2025

The current recommendation was considered by Council in closed session on February 3, 2025.

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

RATIONALE FOR RECOMMENDATION
This recommendation rectifies compaction of salaries between two Deputy Director classifications and the manager-level classifications they supervise. The recommendation brings the gap between the tiers in line with best practice in the Classification and Compensation structure of civil service.

ALTERNATIVE ACTIONS CONSIDERED
None.

CONTACT PERSON
Monica Walker, Interim Director of Human Resources, (510) 981-6807.

Attachments:
1: Resolution

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

SALARY ADJUSTMENTS – DEPUTY DIRECTOR OF PUBLIC WORKS
(UNREPRESENTED) AND DEPUTY DIRECTOR OF HEALTH, HOUSING, AND

COMMUNITY SERVICES (UNREPRESENTED)
WHEREAS, cost-of-living increases recently negotiated with the City’s labor unions have created a salary compaction issue for the Deputy Director of Public Works classification and the Deputy Director of HHCS classification, meaning that the holders of these positions are earning wages that are comparable (and, in at least one case, even less) than the employees they supervise, contrary to the tenets of civil service that pertain to Classification and Compensation; and
WHEREAS, currently the top step of the Deputy Director of Public Works classification ($103.2152 per hour) is barely 0.4% above that of Manager of Engineering ($102.7599), where best practice would call for a gap of 5% to 10%; and WHEREAS, the Deputy Director of HHCS earns $103.2152 at top step, which is 4.13% above the top step of Manager of Mental Health Services ($99.1167); and WHEREAS, these salary compactions need to be rectified through salary adjustments; NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that effective the full pay period following approval of this resolution the top step of the salary range for the Deputy Director of Public Works classification is increased to $110.9807 per hour and the top step of the salary range for the Deputy Director of Health, Housing, and Community Services classification is increased to $107.0460 per hour to avoid compaction with salaries of classifications they supervise.

Internal
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
March 11, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Monica Walker, Interim Director of Human Resources Subject: Berkeley Fire Fighters Association – Side Letters Pertaining to Probationary Periods, Pre-Promotional Academies, and Vacation Slots

RECOMMENDATION
Adopt a Resolution approving three side letters with Berkeley Fire Fighters Association to (1) amend Section 33 of the union’s Memorandum of Understanding (MOU) with the City to modify the Firefighter probationary period to 18 months; (2) amend Section

34.3.2 of the MOU to allow employees on 40-hour-week schedules to attend pre- promotional academies if placed on Outside the City status; and (3) amend Sections

19.4 and 19.5 of the MOU to create a new structure for vacation slots.

FISCAL IMPACTS OF RECOMMENDATION
There are no anticipated fiscal impacts, as the recommendations pertain to operational changes.

CURRENT SITUATION AND ITS EFFECTS
The probationary period for newly-hired Firefighters is currently 24 months. The first side letter (Exhibit A) would modify the probationary period to 18 months, and better align the Berkeley Fire Department with nearby jurisdictions, which similarly have 18- month probationary periods (e.g., Oakland, Richmond) and even 12-month probationary periods (e.g., San Francisco, Hayward, San Rafael).

The second side letter (Exhibit B) seeks to create parity between BFFA members who are on 56-hour schedules and those who work 40-hour schedules by specifying that 40- hour-a-week employees can attend pre-promotional academies while on duty if their supervisor approves and places them on Outside the City (OSC) status.

The third side letter seeks to simplify the current process for Firefighter vacation slots, which can be challenging to track. The modified process allows for a total of five vacation slots per vacation period and specifies that no more than four Firefighters or three Captains can take time off simultaneously.

Internal
Berkeley Fire Fighters Association – Side Letters CONSENT CALENDAR March 11, 2025

BACKGROUND
The proposed side letters were considered by Council in closed session on February 3, 2025.

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

RATIONALE FOR RECOMMENDATION
Without the change in the probationary period, Berkeley Fire Department would continue to be at a recruitment disadvantage, as candidates would gravitate to agencies that offer quicker paths to career/permanent status.

The side letter pertaining to pre-promotional academies would create parity between employees on 40-hour schedules and 56-hour schedules, while the side letter pertaining to vacation slots would simplify a complicated process that has proven difficult to track.

ALTERNATIVE ACTIONS CONSIDERED
None.

CONTACT PERSON
Monica Walker, Interim Director of Human Resources, (510) 981-6807.

Attachments:
1: Resolution
Exhibit A: Side Letter with BFFA – Probationary Period
Exhibit B: Side Letter with BFFA – Pre-Promotional Academies Exhibit C: Side Letter with BFFA – Vacation Slots

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

BERKELEY FIRE FIGHTERS ASSOCIATION – SIDE LETTERS PERTAINING TO

PROBATIONARY PERIODS, PRE-PROMOTIONAL ACADEMIES, AND VACATION SLOTS
WHEREAS, the current probationary period for Firefighters newly-hired into the Berkeley Fire Department is 24 months, which is longer than that of nearby jurisdictions, which have 18-month probationary periods (e.g., Oakland, Richmond) and even 12- month probationary periods (e.g., San Francisco, Hayward, San Rafael); and WHEREAS, modifying the probationary period for Firefighters would align the City of Berkeley with nearby jurisdictions and eliminate a recruitment disadvantage that the Berkeley Fire Department suffers when competing for talent against jurisdictions that offer candidates quicker paths to career/permanent status; and WHEREAS, the Berkeley Fire Department seeks to create parity between Berkeley Fire Fighters Association (BFFA) members who are on 56-hour schedules and those who work 40-hour weeks by specifying that 40-hour-a-week employees can attend pre- promotional academies while on duty if their supervisor approves and places them on Outside the City (OSC) status; and
WHEREAS, the current process for Firefighter vacation slots can be challenging to track, necessitating a modified process; and
WHEREAS, the City and BFFA have agreed upon a new process to track vacation slots, allowing for a total of five vacation slots per vacation period and specifying that no more than four Firefighters or three Captains can take time off simultaneously; NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is hereby authorized to execute a side letter with Berkeley Fire Fighters Association, which is attached hereto, made a part hereof and marked Exhibit A, to amend Section 33 of the Memorandum of Understanding (MOU) and modify the Firefighter probationary period from 24 months to 18 months; and BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute a side letter with Berkeley Fire Fighters Association, which is attached hereto, made a part hereof and marked Exhibit B, to amend Section 34.3.2 of the MOU and allow employees on 40-hour-week schedules to attend pre-promotional academies if their supervisor approves and places them on Outside the City (OSC) status; and BE IT RESOLVED that the City Manager is hereby authorized to execute a side letter with Berkeley Fire Fighters Association, which is attached hereto, made a part hereof

Internal

and marked Exhibit C, to amend Sections 19.4 and 19.5 of the MOU and allow a maximum of five vacation slots per vacation period, with no more than four Firefighters or three Captains allowed vacation leave at the same time; and BE IT FURTHER RESOLVED that fully executed originals of said side letters are filed in the Office of the City Clerk.

Exhibit
A: Side Letter with BFFA – Probationary Period
B: Side Letter with BFFA – Pre-Promotional Academies
C: Side Letter with BFFA – Vacation Slots

Internal

January 28, 2025 EXHIBIT A
Amory Langmo
President, IAFF Local 1227
Berkeley Fire Fighters Association
Re: Side Letter – Section 33
Dear Mr. Langmo:

This letter of understanding is to confirm the agreement reached between the City of Berkeley (the “City”) and the Berkeley Firefighter Association, Local 1227 (the “Union”), regarding the above referenced matter.

The agreement is as follows and will have immediate effect on all Fire Fighters who are in probationary status at the time of its signing:

33.1 Original appointments from employment lists for the classification of Fire Fighter/Fire Fighter Paramedic shall be tentative and subject to a probationary period within a period of eighteen (18) monthstwo (2) years of actual service. Probationary employees who are granted parental leave or military leaves of absence shall complete the balance of their probationary period within a period of six (6) months following their return to City service. Probationary employees who are granted military leaves of absence shall complete the balance upon their return to City service. No provision of this Section 31 33 (Probationary Period) shall be interpreted to preclude the City from establishing new classifications that may require probationary periods of varying lengths.

33.2 For probationary employees originally appointed to the class of Fire Fighter/Fire Fighter Paramedic, a City of Berkeley Performance Appraisal Report shall be made at the completion of the Fire Academy, six (6) months after the Fire Academy, at twelve (12) months of actual serviceafter the Fire Academy, and prior to ten (10) days before the end of the probationary period.

33.3 Original and promotional appointments to classes of Fire Captain II, Fire Prevention Inspector, Deputy Fire Marshal, Paramedic Supervisor I, and Fire Apparatus Operator, shall be tentative and subject to a probationary period of one (1) year of actual service.

33.4 If, before completing the required probationary period, an employee is provisionally appointed to a higher class in the same or a related series of classes, the time served in such higher class shall be counted toward completion of the probationary period in the lower class.

33.5 If the service of the probationary employee has been satisfactory to the department head, the department head shall file with the Director of Human Resources a statement in writing to such effect and stating that the retention of such probationary employee in the service is desired. If such service has been unsatisfactory, the department head shall file with the Director of Human Resources such a statement, in writing, with the recommendation to the City Manager that the employee be rejected. This Agreement

Internal

does not establish a precedent, nor does it interpret any employee rights under the language of the Labor Agreements, the Personnel Rules and Regulations, or any applicable policies and procedures of the fire departments or the City of Berkeley, except as expressly stated herein.

This Agreement memorializes and constitutes the entire understanding between the parties as to all matters referred to or included herein and supersedes and replaces all prior negotiations, proposed discussion, whether written or oral.

If this is your understanding of the agreement reached, please sign as indicated below.

With best regards,
Aram Kouyoumdjian
Human Resources Director
WHEREFORE, the parties by and through their authorized agents and representatives agree to the terms of this Side Letter Agreement.

AGREED TO FOR THE CITY: AGREED TO FOR THE UNION:
_________________________ __________________________
Paul Buddenhagen Amory Langmo
City Manager President, IAFF Local 1227
APPROVED AS TO FORM:
________________________
Farimah Faiz Brown
City Attorney

Internal

January 28, 2025 EXHIBIT B
Amory Langmo
President, IAFF Local 1227
Berkeley Fire Fighters Association
Re: Letter of Understanding – Section 34.3.2
Dear Mr. Langmo:

This letter of understanding is to confirm the agreement reached between the City of Berkeley (the “City”) and Berkeley Fire Fighters Association, Local 1227 (the “Union”), regarding the above referenced matter.

The agreement is as follows: Members of BFFA Local 1227 who are assigned to a 40- hour work week will be permitted to attend pre-promotional academies if they are placed Outside the City (OSC) by their supervisor in Telestaff.

Thus, Section 34.3.2 of the MOU will be modified as follows:

34.3.2 The Academy may provide certification or diplomas for some State course(s) required to meet minimum qualifications the employee has historically been responsible for locating, paying for, and arranging their own time off to attend. The pass-through cost of any certifications or diplomas will be reimbursable through the City funds provided to the Association for education. Employees assigned to a 56-hour work week will find their own relief to attend an Academy, but shall be protected from mandatory overtime on scheduled days off during the Academy. Employees assigned to a 40-hour work week will be permitted to attend an Academy on duty if their supervisor approves and places them Outside the City (OSC) in Telestaff. If an employee accepts a shift trade or voluntary overtime during a date they are scheduled to attend the Academy, they shall not be provided time off.

This Agreement does not establish a precedent, nor does it interpret any employee rights under the language of the Labor Agreements, the Personnel Rules and Regulations, or any applicable policies and procedures of the fire departments or the City of Berkeley, except as expressly stated herein.

This Agreement memorializes and constitutes the entire understanding between the parties as to all matters referred to or included herein and supersedes and replaces all prior negotiations, proposed discussion, whether written or oral.

Internal

If this is your understanding of the agreement reached, please sign as indicated below.

With best regards,
Aram Kouyoumdjian
Human Resources Director
WHEREFORE, the parties by and through their authorized agents and representatives agree to the terms of this Side Letter Agreement.

AGREED TO FOR THE CITY: AGREED TO FOR THE UNION:
_________________________ __________________________
Paul Buddenhagen Amory Langmo
City Manager President, IAFF Local 1227
APPROVED AS TO FORM:
________________________
Farimah Faiz Brown
City Attorney

Internal

January 28, 2025 EXHIBIT C
Amory Langmo
President, IAFF Local 1227
Berkeley Fire Fighters Association
Re: Side Letter – Article 3, Section 19.4 and 19.5
Dear Mr. Langmo:

This letter of understanding is to confirm the agreement reached between the City of Berkeley (the “City”) and the Berkeley Fire Fighters Association, Local 1227 (the “Union”), regarding the above referenced matter.

The agreement is as follows:

1. During vacation selection for the 2024-2025 vacation year one shift reached five (5) vacancies per day for twenty-two (22) weeks thus triggering Article 3, Section 19.4 of the 1227 MOU. It is unknown if this section has ever been triggered before.

2. Department leadership subsequently realized it would be prohibitively difficult to track the number of vacancies and open/close vacation weeks in accordance with Section 19.4.

Thus, Article 3, Sections 19.4 and 19.5 of the MOU will be modified as follows:

19.4 A maximum of up to five (5) vacation slots per shift, shall be allowed during a vacation period for twenty-two (22) vacation weeks. The maximum of four (4) vacation slots per period, per shift shall be allowed for the remainder of the vacation year. Paramedic picks will be included in this number and shall be based on seniority. UpNot more than to four (4) paramedics firefighters or will be allowed off at one time.

19.5 Not more than three (3) Officers captains shall be allowed off during a vacation period.

19.5 [Omitted.]
This Agreement does not establish a precedent, nor does it interpret any employee rights under the language of the Labor Agreements, the Personnel Rules and Regulations, or any applicable policies and procedures of the fire departments or the City of Berkeley, except as expressly stated herein.

Internal

This Agreement memorializes and constitutes the entire understanding between the parties as to all matters referred to or included herein and supersedes and replaces all prior negotiations, proposed discussion, whether written or oral.

If this is your understanding of the agreement reached, please sign as indicated below.

With best regards,
Aram Kouyoumdjian
Human Resources Director
WHEREFORE, the parties by and through their authorized agents and representatives agree to the terms of this Side Letter Agreement.

AGREED TO FOR THE CITY: AGREED TO FOR THE UNION:
_________________________ __________________________
Paul Buddenhagen Amory Langmo
City Manager President, IAFF Local 1227
APPROVED AS TO FORM:
________________________
Farimah Faiz Brown
City Attorney

Internal
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
March 11, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Moncia Walker, Interim Director of Human Resources Subject: Berkeley Chief Fire Officers Association Side Letter – Battalion Coverage

RECOMMENDATION
Adopt a Resolution approving a side letter with Berkeley Chief Fire Officers Association adding Section 2.1.14 (Battalion Coverage) to the City’s Memorandum of Understanding with the union.

FISCAL IMPACTS OF RECOMMENDATION
In so far that the recommendation pertains to back-filling vacant positions, associated costs will be absorbed by the department.

CURRENT SITUATION AND ITS EFFECTS
To ensure adequate battalion coverage, this side letter provides that in the event of a vacancy in the Battalion Chief classification, if all 56-hour employees are unavailable, the Fire Chief can assign an Assistant Fire Chief to perform the responsibilities of a Battalion Chief; however, the department must attempt to fill the vacancy by offering shifts to other Battalion Chiefs first, including those in an acting capacity.

As specified in the letter, the Assistant Chief can be paid no more than the maximum rate of a Battalion Chief while assigned to perform the latter’s responsibilities.

BACKGROUND
The current version of the labor contract between the City and BCFOA does not contain language specifying the manner in which Assistant Chiefs can backfill Battalion Chief vacancies.

The current recommendation was considered by Council in closed session on February 3, 2025.

Internal
BCFOA Side Letter – Battalion Coverage CONSENT CALENDAR March 11, 2025

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

RATIONALE FOR RECOMMENDATION
This recommendation ensures necessary coverage for Battalion Chief vacancies by delineating the circumstances and manner in which Assistant Chiefs can be assigned to cover Battalion Chief shifts.

ALTERNATIVE ACTIONS CONSIDERED
None.

CONTACT PERSON
Monica Walker, Interim Director of Human Resources, (510) 981-6807.

Attachments:
1: Resolution and Exhibit A –Side Letter with Berkeley Chief Fire Officers Association – Battalion Coverage

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

BERKELEY CHIEF FIRE OFFICERS ASSOCIATION SIDE LETTER – BATTALION

COVERAGE
WHEREAS, the current version of the labor contract between the City of Berkeley and the Berkeley Chief Fire Officers Association (BCFOA) does not contain language specifying the manner in which Assistant Chiefs can backfill Battalion Chief vacancies; and
WHEREAS, it is of paramount importance to the Berkeley Fire Department that Battalion Chief shifts be adequately staffed in the event of Battalion Chief vacancies; and WHEREAS, there are instances when there is no availability among the cadre of career and acting Battalion Chiefs to backfill all necessary shifts in the event of a Battalion Chief vacancy;
WHEREAS, the City and BCFOA have agreed upon a side letter to add Section 2.1.14 (Battalion Coverage) to the City’s Memorandum of Understanding with the union; and WHEREAS, the newly-proposed Section 2.1.14 specifies that in the event of a vacancy in the Battalion Chief classification, if all 56-hour employees are unavailable, the Fire Chief can assign an Assistant Fire Chief to perform the responsibilities of a Battalion Chief; however, the department must attempt to fill the vacancy by offering shifts to other Battalion Chiefs first, including those in an acting capacity; and WHEREAS, as specified in the side letter, the Assistant Chief can be paid no more than the maximum rate of a Battalion Chief while assigned to perform the latter’s responsibilities;
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is hereby authorized to execute a side letter with Berkeley Chief Fire Officers Association, which is attached hereto, made a part hereof and marked Exhibit A, to add Section 2.1.14 to the City’s contract with the union and to delineate the circumstances and manner in which Assistant Chiefs can backfill Battalion Chief vacancies;
BE IT FURTHER RESOLVED that a fully executed original of said side letter is filed in the Office of the City Clerk.

Exhibit
A: Side Letter with Berkeley Chief Fire Officers Association – Battalion Coverage

Internal

January 28, 2025 EXHIBIT A
Brian Harryman
President, IAFF Local 1227
Berkeley Chief Fire Officers Association
Amory Langmo
President, IAFF Local 1227
Berkeley Fire Fighters Association
Re: Side Letter – Section 2.1: Salaries
Dear Messrs. Harryman and Langmo:

This letter of understanding is to confirm the agreement reached between the City of Berkeley (the “City”) and Berkeley Chief Fire Officers Association, Local 1227 (the “Union”), regarding the above referenced matter.

The agreement is as follows:

1. Members of BCFOA are permitted to fill vacancies in the battalion chief classification.

2.1.14: Battalion Coverage
To maintain fire department minimum staffing, in the event of a vacancy in the classification of Battalion Chief, and only when all fifty-six (56) hour employees qualified to fill said vacancy are unavailable, the Fire Chief may assign To address minimum staffing levels, aAn Assistant Fire Chief to fill the responsibilities of Battalion Chief. In these circumstances, the Assistant Fire Chief shall receive pay at the rate of one- hundred five dollars and fifty cents ($105.50) per hourmaximum straight-time rate of Battalion Chief (56) per hour for each hour so assigned.

Attempts to fill the shifta minimum staffing Battalion Chief vacancy for minimum staffing levels shall first be extended to other promoted and acting Battalion Chiefs (56) and Acting Battalion Chiefs before assigning to an Assistant Fire Chiefs.

Any hours worked are excluded from CalPERS reported “compensation earnable” in California Government Code Section 20635.

Assistant Fire Chiefs are designated as exempt from the Fair Labor Standards Act’s overtime requirements under Section 2.6 of this MOU, nothing in this section will alter their exempt status.

Internal

This Agreement does not establish a precedent, nor does it interpret any employee rights under the language of the Labor Agreements, the Personnel Rules and Regulations, or any applicable policies and procedures of the fire departments or the City of Berkeley, except as expressly stated herein.

This Agreement memorializes and constitutes the entire understanding between the parties as to all matters referred to or included herein and supersedes and replaces all prior negotiations, proposed discussion, whether written or oral.

If this is your understanding of the agreement reached, please sign as indicated below.

With best regards,
Aram Kouyoumdjian
Human Resources Director
WHEREFORE, the parties by and through their authorized agents and representatives agree to the terms of this Side Letter Agreement.

AGREED TO FOR THE CITY: AGREED TO FOR THE UNION:
_________________________ __________________________
Paul Buddenhagen Amory Langmo
City Manager President, IAFF Local 1227
APPROVED AS TO FORM:
________________________
Farimah Faiz Brown
City Attorney

Internal
Internal
Igor Tregub
Councilmember, District 4
1 2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7140 ● E-Mail: [email protected]

CONSENT CALENDAR
MARCH 11, 2025
To: Honorable Mayor Adena Ishii and Members of the City Council From: Councilmember Tregub (Author), Councilmember Bartlett (Co-Sponsor) and Councilmember O’Keefe (Co-Sponsor)
Subject: A Referral to the City Manager to make a recommendation for further Council action: Transfer Tax Exemption for 100% Affordable Housing Projects

RECOMMENDATION
Adopt a referral to the City Manager to study the fiscal impacts and feasibility of a transfer tax exemption for 100% affordable housing projects owned and operated by non-profit entities or community land trusts, including but not limited to: the rehabilitation of existing projects; acquisition, rehabilitation, and conversion of market-rate housing complexes into deed-restricted affordable housing; and land donated for the purpose of constructing deed-restricted affordable housing and make a recommendation for further Council action.

POLICY COMMITTEE RECOMMENDATION
On February 3, 2025 the Land Use, Housing & Economic Development Policy Committee adopted the following action: M/S/C (Tregub/Lunaparra) to forward item to Council with a Qualified Positive Recommendation that the Council:

1. Clarify that the rehabilitation of the restricted properties, would be included as part of the 100% affordable [housing projects].

2. Bolster the rationale section of the report with greater detail and analysis.

Vote: All Ayes.

CURRENT SITUATION AND ITS EFFECTS
The City of Berkeley, and the entire Bay Area region, is experiencing a housing unaffordability crisis. As the cost of housing has risen, more people have found themselves unable to afford a place to live. People on a fixed income, including seniors,

Internal
Internal
2 2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7140 ● E-Mail: [email protected] people with disabilities, and other marginalized communities, bear the brunt of these impacts. Deed-restricted affordable housing, in which resident rents are capped based on their income level, is a critical component of the solution to this housing crisis.

Affordable housing provides the foundation for better health, economic and educational opportunities, and stable neighborhoods.

There are currently around 2,000 affordable housing units in Berkeley. Nearly 40% of these units were constructed more than 30 years ago. Mission-driven non-profit owners and the City of Berkeley are jointly invested in ensuring that these existing affordable properties remain safe, well-maintained, and beautiful places to live. This commitment is evidenced in the City’s recent release of a Request for Proposals (RFP) to support the rehabilitation of existing affordable projects.

While some rehabilitations may be able to proceed with only City funding, other rehabilitation projects require larger amounts of money. To raise capital for more substantial rehabilitation projects, affordable housing developers will typically pursue an additional allocation of tax credits through the Low-Income Housing Tax Credit (LIHTC) program. This requires a new tax credit equity investor to enter the ownership structure for the project. The most efficient way to execute this complex transaction is to have a new limited partnership purchase the property from the prior ownership entity. While the property experiences a technical change of ownership, the non-profit affordable housing organization remains the controlling and managing partner after the transaction.

The City of Berkeley charges a transfer tax any time real estate changes ownership.

The City’s transfer tax was established in 1978 at the rate of 1.5% for all transactions.

Measure P (2018) increased the real property transfer tax for ten years to 2.5% for transactions of $1.6M or more. Measure W (2024) again increased the real property transfer tax to 3.5% for transactions $3M or greater and removed the expiration date.

Measure W will take effect on January 1, 2027.1
Currently, the sale and transfer of ownership completed as part of an affordable housing rehabilitation project is subject to the property transfer tax. This is despite being essentially a refinancing event.

Resources for Community Development (RCD)2, a reputable nonprofit affordable housing developer with several sites in Berkeley, is exploring rehabilitation projects at a handful of Berkeley developments over the next several years. RCD estimates that they would pay approximately $6,000 to $8,000 per unit in transfer tax on these properties 1 BMC Chapter 7.52, Real Property Transfer Tax
2 https://rcdhousing.org/

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3 2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7140 ● E-Mail: [email protected] under the current Measure P rates, or $8,000 to $11,000 per unit under the recently adopted Measure W rates.

Property Units
Est.

Valuation3
Transfer
Tax, total

2.5%
Transfer
Tax, per
unit

2.5%
Transfer
Tax, total

3.5%
Transfer
Tax, per
unit

3.5%
Oxford 97 $ 27,602,978 $690,074 $7,114 $ 966,104 $ 9,960 Margaret
Breland
28 $ 6,507,333 $162,683 $5,810 $ 227,757 $ 8,134
Mable
Howard
40 $ 13,073,900 $326,848 $8,171 $ 457,587 $ 11,440
While the estimates above are specific to RCD’s use case, RCD’s experiences are generally applicable to other affordable housing developers seeking to rehabilitate their affordable housing holdings in Berkeley.

State and federal funding for rehabilitation projects is extremely competitive. Projects are scored on many different characteristics, and one of the most influential characteristics is cost efficiency. Berkeley projects are scored against projects across the region and state, many of which do not have a transfer tax or explicitly exempt affordable housing rehabilitations from the transfer tax. The additional cost of the transfer tax makes Berkeley’s applications for these state and federal funding sources less competitive. In turn, developers face pressure to reduce the scope of their rehabilitation work by a corresponding $6,000 to $8,000 per unit to improve their ability to win funds.

Precedent in Other Jurisdictions: San Francisco offers a transfer tax exemption for deed-restricted affordable housing. San Francisco’s ordinance text can be found here. 3 The estimated valuation is based on the previous tax roll valuation from the time of construction, multiplied by a factor of 2.5. This is the typical 15-year tax roll valuation increase that have been observed on other recent resyndications.

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4 2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7140 ● E-Mail: [email protected] Alternative Pathways: In collaboration with our affordable housing providers, we have identified two possible avenues for this policy change:

1. The City Council could add an exemption to BMC 7.52.060 for the transfer of ownership associated with rehabilitation at any property with a recorded agreement requiring that it be maintained as 100% rent-restricted affordable housing, with the exception of staff units, for at least 55 years from the date of the transfer event.

2. The City Council could pass a resolution establishing a time-limited waiver of the transfer tax for any transfer of ownership associated with rehabilitation at a property with a recorded agreement requiring that it be maintained as 100% rent- restricted affordable housing, with the exception of staff units, for at least 55 years from the date of the transfer event.

The former strategy would provide more certainty and permanence. The latter strategy would provide greater flexibility for the City Council if, at a future date, the City decides that the City could no longer forego the lost revenue from providing a waiver or exemption. The referral requests the study of both strategies as well as any other recommendations by April 15, 2025 City Council Meeting.

Additionally, at the Land Use, Housing, and Economic Development Committee meeting on February 3, 2025, exploring a transfer tax exemption for other types of affordable housing work was contemplated. These projects include transfer tax exemption for acquisition and rehabilitation projects, which involve a non-profit or community land trust purchasing an existing market-rate housing complex and converting it into deed- restricted affordable housing, as well as land donated for the purpose of constructing deed-restricted affordable housing. This referral recommends that staff additionally study these inclusions and their potential fiscal implications.

BACKGROUND
The Berkeley City Council has granted transfer tax refunds or waivers to three known affordable housing projects:
 2014: Refund given to RCD for Oxford Plaza re-financing  2019: Waiver given to BACLT for 1638 Stuart Street acquisition  2021: Refund given to BACLT for 1685 Solano Avenue acquisition These waivers and refunds have been granted on a case-by-case basis via a City Council resolution. We are not aware of any waivers and/or refunds that have been denied by City Council.

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5 2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7140 ● E-Mail: [email protected] On February 3, 2025, this item was heard at the Land Use, Housing, and Economic Development Committee meeting. Some of the following questions have been asked and we provided replies to the best of our knowledge.

Why is this needed right now, on a quick timeframe?
Rehabilitation projects have historically not scored as highly as new construction projects in the competition for state resources. While funding is available for new construction of affordable housing, it is incredibly challenging to receive the resources needed to do substantial rehabilitations. Right now, there is very little local and state funding for new construction affordable housing. This creates a brief window in whch rehabilitation projects will likely be competitive for state resources in 2025. By passing a transfer tax exemption now, the City can assist non-profit organizations in accessing those state resources for affordable housing rehabilitation.

How many waivers or refunds were previously requested?
We are aware of one previous waiver and two previous refunds, as detailed in the staff report.

Have any waiver requests previously been denied by Council? We are not aware of any requests being denied by Council.

Why is the current process not working?
 Due to the timing and lack of certainty, the current process does not enable non- profits to remove the transfer tax from the financial documentation associated with their request for state financing resources. This makes Berkeley rehabilitation projects less competitive for state resources.  The current process takes substantial staff time from both City staff and non- profit developers to prepare materials for the Council report.  The current process is not equitable. Not all developers know about the opportunity to receive a transfer tax refund or waiver from City Council.

RATIONALE FOR RECOMMENDATION
The complexities of federal, state, and local policies—along with private sector dynamics—continue to make affordable housing extraordinarily difficult to build and even more challenging to maintain in a livable, healthy condition.

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6 2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7140 ● E-Mail: [email protected] This referral takes a modest step toward addressing that challenge by directing city staff to explore potential strategies for preserving our affordable housing stock. It does not propose any immediate changes to Berkeley’s Transfer Tax for Affordable Housing; rather, it initiates an analysis of possible opportunities for such a measure.

Given the current economic environment, any financial decision must be approached with diligence. The Transfer Tax serves as a crucial funding mechanism for municipal services, including homeless shelters, navigation centers, mental health support, rehousing, rental subsidies, and other essential programs for those experiencing homelessness. Ensuring fiscal responsibility while supporting affordable housing is key, which is why this proposal is structured as a referral for further study.

Here are some considerations that make the Transfer Tax exemption for Affordable Housing a sound policy:

Intention of the Transfer Tax
The Transfer Tax is intended to fund homelessness response and housing programs. If Transfer Taxes are meant to support affordable housing, it raises the question: why are we taxing affordable housing providers on their projects while simultaneously funding them from a different City source? This redundancy not only creates unnecessary bureaucratic hurdles for City staff but also places an added burden on affordable housing nonprofits, which already operate with limited resources.

Fictitious Transfer Process
The City’s Transfer Tax was intended to apply to actual transfers of real property. Yet, affordable housing nonprofits are forced to navigate a complicated fictitious transfer process just to secure affordable credits that help them build, rehabilitate, and maintain affordable housing. In reality, ownership of these properties remains with the same nonprofit entity.

The irony is stark: under Proposition 13, private real estate owners can transfer actual ownership of properties without triggering a reassessment, allowing them to avoid higher tax payments. Meanwhile, affordable housing nonprofits—whose mission is to provide stable housing—must undergo this convoluted process just to access essential funding.

An Anti-Displacement Measure
Preserving and rehabilitating existing affordable housing is essential to preventing displacement and homelessness. The shortage of healthy, affordable housing in Berkeley is well-documented. The City itself does not directly produce affordable

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7 2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7140 ● E-Mail: [email protected] housing. Instead, it relies almost entirely on nonprofit affordable housing providers to build, maintain, and meet its affordable housing obligations.

If these nonprofits are unable to access the funding needed for their projects, affordable housing is not being built, rehabilitated, or maintained at the pace required to meet growing demand. Ensuring that funding mechanisms support—not hinder—affordable housing efforts is essential to keeping people housed and strengthening the City’s ability to address its housing crisis.

Saving City Staff’s Time
As discussed in the “Background” section of this report, affordable housing rehabilitation projects may currently apply to receive a case-by-case refund of the transfer tax from City Council. All previous waivers submitted for City Council consideration have been approved. A formal exemption or waiver would simply save time and simplify the City’s procedures.

Positive Impact for Housing Rehabilitation
Affordable housing providers have no alternative revenue sources for making necessary improvements.

Establishing a formal exemption or universal waiver would have a significant project- level impact. It would provide more certainty to affordable housing developers pursuing rehabilitation projects. Unlike a case-by-case refund, it would allow affordable housing developers and community land trusts to remove the transfer tax as a line item in project budget, improving the development’s cost efficiency and enabling them to be more competitive for state and federal funding sources. This would translate into direct benefits for residents, as it would open up more room in project budgets for additional amenities to be included in the scope of the rehabilitation.

Good Governance Measure
This measure is not about helping developers – it is about ensuring that the City can build and preserve the affordable housing that we and our residents urgently need. It also has the potential to eliminate inefficiencies and redundancies that currently waste resources and slow down progress.

When the system functions as intended, nonprofits recover their costs. When it does not, funding gaps arise, leading to missed opportunities for affordable housing rehabilitation, acquisition and development. Additionally, affordable housing developers and land trusts are required to pay into the Transfer Tax while also relying on city funds for their projects. This creates a cost-neutral cycle but adds unnecessary administrative burdens.

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8 2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7140 ● E-Mail: [email protected]

FISCAL IMPACTS OF RECOMMENDATION
Affordable housing rehabilitations requiring a transfer of ownership are relatively rare events. Initial conversations with affordable housing developers identified 4-5 potential transfer events over the next 5-10 years. Potential financial impacts from forgone Measure P/W funds during transfers associated with the rehabilitation of 100% affordable housing projects, would be somewhat offset by the elimination of staff time required to submit case-by-case recommendations for waivers and refunds to the City Council.

ENVIRONMENTAL SUSTAINABILITY
The preservation of affordable housing supports Berkeley’s broader greenhouse gas reduction goals.

CONTACT PERSON
Igor Tregub, Councilmember District 4
Phone: 510-981-7140
Email: [email protected]
Olga Bolotina, Chief of Staff, Council District 4
Email: [email protected]

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Igor Tregub
Councilmember, District 4
1 2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7140 ● E-Mail: [email protected]

CONSENT CALENDAR
MARCH 11, 2025
To: Honorable Mayor and Members of the City Council
From: Councilmembers Igor Tregub (Author) and Terry Taplin (Co-Sponsor) Subject: Referral to 4 x 4 Committee: Removing On-Site Manager Exemption Loophole for Certain Multi-Family Properties that are Adjacent and/or Share the Same Common Area

RECOMMENDATION
Refer to the 4 x 4 Committee of the Berkeley City Council and Rent Stabilization Board a proposal related to the removal of an on-site manager exemption loophole, which is currently used by certain Berkeley properties to circumvent California Code Regulation, Title 25, Paragraph 42, for certain multi-family properties that are adjacent and/or share the same common area. If the recommended regulation is enacted, it is the intent of the referral to apply it to subject properties in a prospective manner that ensures that the rights of sitting tenants continue to be fully protected (i.e., a fully occupied property will not be required to rent to an on-site manager until at least one unit becomes vacant in accordance to all applicable state and local laws governing good cause eviction protections). The referral further requests that the 4 x 4 Committee discuss and provide recommendations as to:
- Any parameters that may limit the scope of this referral, including but not limited to situations in which one or more of the subject properties are owned by limited liability corporations (LLCs) and/or owners that own multiple other properties in Berkeley, California and/or beyond, with a total number of units or properties under ownership to be determined;
- Any exemptions to the on-site manager requirement for certain circumstances, such as for hardship of the property owner and/or LLC and/or other circumstances in which the interest of justice may supersede the public interest of this requirement;
- The enforcement mechanism and enforcing jurisdiction (i.e., City of Berkeley or Berkeley Rent Stabilization Board, with compensation by the City of Berkeley)

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2 2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7140 ● E-Mail: [email protected] that the City of Berkeley should employ in furtherance of the recommended regulation; and
- Any other provisions pertinent to the efficient, just, and fair administration of the recommended regulation.

CURRENT SITUATION AND ITS EFFECTS
California Code Regulation, Title 25, Paragraph 42 (CCR 25 ¶42) includes the following requirements (germane language is emphasized in bold):
“A manager, janitor, housekeeper, or other responsible person shall reside upon the premises and shall have charge of every apartment house in which there are 16 or more apartments, and of every hotel in which there are 12 or more guest rooms, in the event that the owner of an apartment house or hotel does not reside upon said premises. Only one caretaker would be required for all structures under one ownership and on one contiguous parcel of land. If the owner does not reside upon the premises of any apartment house in which there are more than four but less than 16 apartments, a notice stating the owner's name and address, or the name and address of the owner's agent in charge of the apartment house, shall be posted in a conspicuous place on the premises.”1 Over the past several months, it has come to our attention that at several contiguous properties in Berkeley have, in total, over 16 apartments but fulfill neither the on-site “manager, janitor, housekeeper, or other responsible person” nor the “notice stating the owner’s name and address” requirement. The properties in question share an entrance, common area space, and required amenities such as garbage and recycling collection and appear to have been part of a single parcel that was, somewhere over the course of their operation as apartment buildings, subdivided into separate parcels such that, individually, the number of apartment units on each parcel numbered less than sixteen (“16”).

It is the intent of this referral to explore local pathways to close this loophole and ensure that the integrity of CCR 25 ¶42 is restored in the face of efforts to subdivide a parcel with contiguous multifamily rental properties or hotels that otherwise, based on the number of apartments or hotel rooms would be subject to the “on-site manager, housekeeper, or other responsible person” provision. While not specifically the subject of this item, in the intent of this item is to ¶reveal how, if at all, the “notice” section of CCR 25 ¶42 is being enforced for existing properties on a parcel that, in total, includes between four (“4”) and sixteen (“16”) units.
1 https://govt.westlaw.com/calregs/Document/I3F1C71434C8611ECB533000D3A7C4BC3?viewType=FullText&origin ationContext=documenttoc&transitionType=CategoryPageItem&contextData=(sc.Default)&bhcp=1

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3 2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7140 ● E-Mail: [email protected]

RATIONALE FOR RECOMMENDATION
The lack of an on-site manager within contiguous properties have, in total, over 16 apartments but fulfill neither the on-site “manager, janitor, housekeeper, or other responsible person,” sometimes coupled with the nonexistence of a “notice stating the owner’s name and address,” in contravention to the spirit, if not the letter, of CCR 25 ¶42 has led to significant adverse impacts to the neighbors as well as the sitting occupants of the properties in question. These have included but not been limited to:
poor or nonexistent garbage and/or recycling collection; slow or non-existent efforts on the part of the property owner and/or off-site manager to comply with “warranty of habitability” and/or health and safety requirements; and inability to effectively mitigate for noise violations. It is the intent of this recommendation to address a clear loophole in the state code that has been exploited by some property owners and LLCs to the detriment of the residents and neighbors of the subject properties.

FINANCIAL IMPLICATIONS
Financial implications may include staff time associated with writing, reviewing, and, as necessary, enforcing the recommended language. It is the intent of this referral that discussion at the 4 x 4 Committee among members and staff from the City of Berkeley and Berkeley Rent Stabilization Board may be able to finetune these cost projections.

ENVIRONMENTAL SUSTAINABILITY
Indirect environmental sustainability benefits may result from these items, particularly around improved enforcement of disaggregation between recyclable, non-recyclable, and compostable items within subject multifamily housing buildings that currently do not have an on-site manager but would be required to under language contemplated by this referral.

CONTACT PERSON
Igor Tregub, Councilmember District 4
Olga Bolotina, Chief of Staff, Council District 4
Phone: 510-981-7140
Email: [email protected]
[email protected]

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CONSENT CALENDAR
March 11, 2025
To: Honorable Mayor and Members of the City Council
From: Councilmember Sophie Hahn (Author)
Subject: First Year Free - Fill Empty Storefronts Act

RECOMMENDATION
Refer to the City Manager to (1) create and implement a First Year Free Program for Berkeley, modeled after San Francisco’s successful program, for an initial period of 5 years and (2) study and report back to Council on other strategies to attract new businesses and fill empty storefronts.

POLICY COMMITTEE RECOMMENDATION
On February 3, 2025 the Land Use, Housing & Economic Development Policy Committee adopted the following action: M/S/C (Bartlett/Tregub) to forward item to Council with a negative recommendation to take no action. The committee will revisit this issue at a later date with the intention of further developing the goals of the item.

Vote: All Ayes.

SUMMARY STATEMENT
The COVID-19 pandemic had an unprecedented impact on Berkeley’s small and local businesses. While Berkeley’s business sector has progressed toward recovery, commercial vacancy rates remain high. To address similar challenges in San Francisco, a First Year Free program was established in 2021 to waive the cost of initial registration fees, license fees, first- year permits, and other fees for qualifying local businesses. More than 4,000 new businesses have already opened and taken advantage of the program.

To help fill empty storefronts and attract new, small businesses in Berkeley, this item directs the City Manager to create and implement a First Year Free program, modeled after San Francisco’s successful 2021 program – for a period of 5 years – and study, implement, and/or recommend to the City Council other strategies to fill empty storefronts and foster a thriving small business environment in Berkeley.

BACKGROUND
America's small business sector has been struggling for several decades, decimated by the rise of Big Box, Chains, and e-commerce. Berkeley, which has been fortunate to retain many small businesses, has nevertheless been impacted by these trends. The arrival of big retail has thrown local economies into turmoil, leaving smaller and local businesses unable to compete

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with the scale of giant retail chains. The global shut down of commerce during the COVID-19 pandemic was another huge blow to small and locally owned retail and restaurants, precipitating enormous stress, and widespread closures.

The economic impacts of the pandemic have been significant and widespread. While businesses of all sizes were impacted, small businesses – which are more likely to struggle with financially fragility – faced the most uncertainty.

The public health crisis, lockdowns, and social distancing measures resulted in economic challenges that forced many owners to reckon with supply chain delays, loss of revenue, and closure. While the Small Business Association (SBA) did provide financial assistance including the Paycheck Protection Program (PPP), and various loan and grant programs, many small businesses were unable to access state and federal aid. Businesses in California also benefited from various state-level programs but a survey of small businesses in California found that women and minority-owned businesses struggled more during the recovery because they may not have received assistance in proportion to their acute need, loss of revenues, and impacts on business operations.1
During COVID’s time of acute uncertainty, and following feedback from small business owners, conversations with the Director of Economic Development, the Chamber of Commerce, and various Business Improvement District leaders, Councilmember (then Vice Mayor) Hahn introduced an item to begin regular small business listening sessions, so Berkeley’s small enterprises could more easily communicate with the Council, City, and Mayor.2 In March 2020, when the regional stay at home order was enacted, Berkeley took immediate steps to protect businesses impacted by the sharp decline in patronage, including a ban on evictions for both residential and commercial tenants. Council also established the Berkeley Relief Fund, which provided a down payment of $3 million from the City in concert with a fundraising campaign from private donors and community members that raised $1.5 million.

Through this generous local funding, 700 businesses received grants to pay rent, payroll, and other expenditures.3
In April, the Berkeley City Council approved the creation of the Save Our Small (SOS) Business Loan Fund, introduced by Councilmember Hahn and based on an innovative proposal by faculty and students at the Haas School of Business at UC Berkeley to create a public-private partnership that could provide a supplemental source of capital for small businesses impacted by the COVID-19 emergency. Thanks to the City’s leadership, and with the expert guidance and 1 Dani, L., Earle, J. S., & Min Lee, K. (2022, January). Small Business in the time of COVID-19: A Survey of California’s Small Businesses. Economic Development Collaborative . https://edcollaborative.com/wp- content/uploads/2022/01/COVID-19-Impact-on-California-Entrepreneurs-v2.pdf 2 Hahn, S. (2020, January 21). Small Business Listening Sessions. City of Berkeley. https://berkeleyca.gov/sites/default/files/documents/2020-01- 21%20Item%2035%20Small%20Business%20Listening%20Sessions.pdf 3 Arreguin, J. (2022, August 10). The Big Impact of Berkeley’s Small Businesses. Mayor Jesse Arreguín. https://www.jessearreguin.com/newsletters-2/2022/8/10/the-big-impact-of-berkeleys-small-businesses

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advocacy of Haas School faculty, including Professors Adair Morse and Laura D. Tyson, the SOS Business Loan Fund was transformed to a statewide initiative announced as the California Rebuilding Fund.

For Berkeley’s small businesses, nonprofits, and other eligible enterprises to take advantage of this now statewide opportunity, Councilmember Hahn referred to the City Manager to immediately engage in a robust outreach effort throughout Berkeley, focusing particularly on underserved small businesses and nonprofits, entrepreneurs in historically disenfranchised communities, and enterprises serving children.4 Technical assistance from the City helped many businesses successfully apply for support as soon as the California Rebuilding Fund portal opened.

While Berkeley is fortunate to be home to some 5,000 small businesses and took many steps to support and protect local businesses during the pandemic, commercial spaces remain vacant at higher than pre-pandemic levels.5 According to the 2023 Economic Dashboard, the citywide average vacancy rate was 8.1% as compared to the pre-pandemic rate of 5.4%.6 Certain neighborhoods struggle more than others, with several Berkeley neighborhoods having vacancy rates in the double digits including South Berkeley, University, San Pablo, and the Downtown. 4 Hahn, S. (2020, September 15). Outreach and Technical Assistance for Berkeley Small Businesses Eligible to Participate in the California Rebuilding Fund. City of Berkeley. https://berkeleyca.gov/sites/default/files/documents/2020-09- 15%20Item%2027%20Outreach%20and%20Technical%20Assistance.pdf 5 Arreguin, J. (2022, August 10). The Big Impact of Berkeley’s Small Businesses. Mayor Jesse Arreguín. https://www.jessearreguin.com/newsletters-2/2022/8/10/the-big-impact-of-berkeleys-small-businesses 6 Berkeley Office of Economic Development. (2024, February 1). 2023 Economic Dashboard. City of Berkeley. https://berkeleyca.gov/sites/default/files/documents/Economic%20Dashboard%202023.pdf

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Even though the City worked diligently to provide small and local businesses with financial and technical support during the pandemic, many still struggle to recover and empty storefronts have proliferated; the First Year Free program directly addresses this challenge.

First Year Free
The First Year Free Program was created by San Francisco’s Board of Supervisors and the Mayor to support and revive San Francisco's small businesses as the City recovered from the pandemic. The program waives the cost of initial registration fees, initial license fees, first-year permit, and other applicable fees for qualifying businesses. There is no paperwork to apply, as enrollment is automatic with the registration of a new business or location within the City. Since its inception, 8,349 businesses have enrolled and $3.7 million in fees have been waived.7 Earlier this year, San Francisco decided to renew the program for a third year due to its popularity and success, with some 4,000 new businesses opening in the City as a result of the program.

To qualify for San Francisco’s First Year Free program, the applicant must be a new business, or new location of a business, that begins on or after July 1, 2023 and:
7 Sos, Z. (2024, September 21). New Castro business touted as Success Story of SF’s First Year Free Program.

KTVU FOX 2 San Francisco. https://www.ktvu.com/news/new-castro-business-touted-success-story-sfs-first-year- free-program

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● Have $5,000,000 or less in estimated (or reported) San Francisco gross receipts; and ● Have a registered location that is for commercial use; and ● Not be a home-based business or a short-term rental
Only small businesses are eligible for the program; the program is not applicable to Formula Retail (chain store) locations. For qualifying businesses, the program waives: 1) the initial business registration fee (for new businesses only), 2) application, inspection and one-time permit fees, 3) initial license fees.

Andrea Becerra, who fell in love with cooking during the pandemic as she grieved the death of her father, is one of those new business owners. Once her small business outgrew her kitchen, the First Year Free program made it possible for her to open her first restaurant in the Mission – El Mil Amores.8
Photo credit: Astrid Kane/The Standard9
As a result of the program, Ismel Deluna opened a new wellness center – Healing Cuts – providing haircuts and wellness services for the disability and LGBT community, operating out of the Castro.10 Hailed as a success story, the owner explained that the First Year Free program played a significant role by allowing his small business to build a base while saving money on fees and permits, giving businesses a boost to start.
8 Pena, L. (2024, February 16). SF extends program that waived $2.5M in fees to new businesses and ones struggling to stay open. ABC7 San Francisco. https://abc7news.com/sf-extends-first-year-free-program-small- business-permit-registration/14430751/
9 Kane, A. (2023a, June 25). Mexican breakfast gets an upgrade at this restaurant in San Francisco’s Mission District. The San Francisco Standard. https://sfstandard.com/2023/06/25/mexican-breakfast-gets-an-upgrade-at-this- restaurant-in-san-franciscos-mission-district/
10 Sos, Z. (2024, September 21). New Castro business touted as Success Story of SF’s First Year Free Program.

KTVU FOX 2 San Francisco. https://www.ktvu.com/news/new-castro-business-touted-success-story-sfs-first-year- free-program

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Photo credit: San Francisco Business Times11
Small businesses often represent and reflect the communities they serve, filling gaps left behind by big business. They help foster stronger community relations, providing a place for people to not only shop but gather. They are unique, one of a kind, and important to a community’s identity. Small businesses keep money in the local economy, create job opportunities, and can provide environmental benefits. They are an asset to our City and we should continue to create and support opportunities to expand and support the small and local business landscape.

REVIEW OF EXISTING PLANS, PROGRAMS, POLICIES, AND LAWS
In addition to Berkeley’s various pandemic-related programs, Berkeley’s Office of Economic Development (OED) has helped finance small businesses through the Revolving Loan Fund and Resiliency Loan Program, lending a total of $2,744,987 to 45 small businesses.12 Berkeley’s OED also provides assistance to businesses, entrepreneurs, artists, and community organizations to access services and resources available to them. This includes connecting with local leaders, finding a business location, going green, navigating Berkeley’s codes, receiving financing, recruiting talent, and more.13
The City has also developed a Business Resource Guide which includes information on starting and sustaining a successful business in Berkeley. The guide walks potential business owners through the key steps of launching a new business including creating a business plan, exploring financing options, establishing as a legal entity, and obtaining a business license and permits. 11 Bloomberg, S. (2024, June 6). How the SF LGBT Center is empowering entrepreneurs. San Francisco Business Times. https://www.bizjournals.com/sanfrancisco/news/2024/06/06/business-of-pride-lgbt-center.html 12 Berkeley Office of Economic Development. (2024, February 1). 2023 Economic Dashboard. City of Berkeley. https://berkeleyca.gov/sites/default/files/documents/Economic%20Dashboard%202023.pdf 13 Berkeley Office of Economic Development. (2022, January). Office of Economic Development Services. City of Berkeley. https://berkeleyca.gov/sites/default/files/2022-01/OED-Services-Brochure.pdf

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Furthermore, Berkeley’s Strategic Plan includes the goal of fostering a dynamic, sustainable, and locally-based economy. Berkeley has taken many steps to cultivate a thriving local economy and a thriving small business sector, and this item supports those goals.

ACTIONS/ALTERNATIVES CONSIDERED
The City Manager should study San Francisco’s program, consider what adjustments might need to be made for the Berkeley context, and implement a version of First Year Free that is supportive of the goal of attracting new businesses to Berkeley storefronts.

CONSULTATION/OUTREACH OVERVIEW AND RESULTS
Councilmember Hahn discussed strategies for filling empty storefronts with the City Manager, who expressed interest in the First Year Free program. Staff also contacted the Berkeley Chamber of Commerce and the Downtown Berkeley Association for input.

RATIONALE FOR RECOMMENDATION
Berkeley’s unique character is owed in large part to the presence of small and local businesses and not for profits and arts organizations. These enterprises are indispensable, contributing significantly to our economic and cultural vitality, stimulating the local economy, attracting tourism, and most importantly, fostering a sense of community.

However, Berkeley’s small and local businesses continue to face significant challenges due to inflation and rising costs, space constraints, and growing competition from online stores and chain retailers.

IMPLEMENTATION, ADMINISTRATION, AND ENFORCEMENT
The City Manager should review studies and consult experts on best strategies to fill empty storefronts. Additionally, staff should consult with the City of San Francisco to better understand the program, details around implementation, marketing, and success. Consider how much revenue the City generates and stands to lose from waiving initial business registration fees, application, inspection and one-time permit fees, and initial license fees, as well as the short and long-term benefits in waiving those fees to get new businesses in place that will generate increased tax revenues over the long run.

ENVIRONMENTAL SUSTAINABILITY
While virtually all businesses have a carbon footprint, small and local businesses tend to have a much smaller impact on the climate than large corporations. According to TIME Magazine, while small and mid-sized businesses make up roughly 90% of businesses worldwide, most global emissions can be tracked to a small number of the world’s largest companies.14

FISCAL IMPACTS
The First Year Free program will result in the City “not receiving” fees and taxes it would otherwise receive - if a new small business were to establish itself. Without that new business, 14 Kane, A. (2023a, June 25). Mexican breakfast gets an upgrade at this restaurant in San Francisco’s Mission District. The San Francisco Standard. https://sfstandard.com/2023/06/25/mexican-breakfast-gets-an-upgrade-at-this- restaurant-in-san-franciscos-mission-district/

Internal
however, there will be no fees and taxes at all. Backfilling of fees and taxes may be required if a tax or fee isn’t part of the general fund; the City Manager will need to understand the “back end” implications of the policy and ensure departments collecting special/enterprise fees and taxes, if any, are made whole.

On the other side of the equation, the successful establishment of new businesses will generate additional tax revenues every year they are in business, and filling one empty storefront can have the beneficial impact of attracting additional businesses to nearby empty storefronts, creating a positive cycle of business health for areas particularly hard hit by vacancies.

It is exactly this positive feedback loop that First Year Free is trying to jump-start, with the cost of waiving fees and taxes in the first year to be offset by the benefits, including direct financial benefits to the City, of adding new businesses to our tax rolls and encouraging business health overall.

OUTCOMES AND EVALUATION
It is suggested that two years after the program is established, the City Manager undertakes a review – including but not limited to quantifying the number of new businesses established under the program, the costs of waiving taxes and fees, and the benefits to the City of the additional tax revenue from those new businesses. Other appropriate metrics can be used to further inform the study, and adjustments to the program considered for implementation by the City Manager.

CONTACT
Councilmember Hahn, (510) 981-7150

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

PUBLIC HEARING
March 11, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Jordan Klein, Director, Planning and Development Department Subject: Appeal of Special Assessment Tax Lien – 1806 Walnut St

RECOMMENDATION
Conduct a public hearing and, upon conclusion, adopt a Resolution rejecting the property owners’ appeal, and allowing the special assessment lien for 1806 Walnut Street (APN 057-2049-004) to be recorded with the County of Alameda as written and approved by the City Manager.

FISCAL IMPACTS OF RECOMMENDATION
The proposed lien of $6,450 reflects the inspection service fees charged to Peter and Philip Wright for failure to have housing violations corrected at the time of each reinspection. The lien amounts include a $250 administrative lien fee for each case. The owners filed an appeal request before the lien was processed. 1806 Walnut St Unit 1
Amount
Unit A
Amount
Unit 10
Amount Total
2023 Lien
$400

$400

-
2024 Lien
$1,820

$1,820

$1,260
Administrative lien fee
$250

$250

$250
Total Lien
$2,470

$2,470

$1,510 $6,450

CURRENT SITUATION AND ITS EFFECTS
On May 16, 2023, the Rental Housing Safety Program (RHSP) sent Philip and Peter Wright a letter notifying them liens would be placed for unpaid inspection service fees at 1806 Walnut St. This property is managed by the K&S Company, which manages numerous rental properties in Berkeley. The unpaid fees covered Unit 1 for $650, Unit A for $650 and the common area case for $650. Each lien amount comprised the first reinspection service fee of $400 and an administrative lien fee of $250. On May 26, 2023, owner Peter Wright sent an appeal of the special assessment lien at 1806 Walnut

Appeal of Special Assessment Tax Lien PUBLIC HEARING
March 11, 2025

St. The fees for the common area case were subsequently paid, leaving the Unit 1 and Unit A fees outstanding.

Re-inspections continued at the property and additional fees were accrued that were not paid. RHSP sent lien notices to Philip and Peter Wright on April 17, 2024. After receiving the 2024 lien notices, property manager Jonathan Hicks of K&S Company emailed the City on April 22, 2024 to request that a decision be made regarding their 2023 appeal. Upon review, staff discovered the first reinspection fees for Unit 1 and Unit A had been included in the 2024 lien amount and sent a corrected lien letter to the owner on April 30, 2024. Jonathan Hicks emailed [email protected] on May 1, 2024 asking to appeal the 2024 lien amounts for 1806 Walnut St. A City Council hearing is required to resolve the appeal.

The appeal by the property owner’s agent is included as Attachment 2 to this staff report. The issues raised, and staff’s responses, are summarized below:

ISSUE 1:

In his May 26, 2023 letter, owner Peter Wright stated “I believe the amount of the fines is incorrect due to an apparent change in City of Berkeley staff personnel handling the inspections/reinspections during the process. The resulting miscommunication/misunderstanding with the property manager, K&S, caused excessive and unnecessary fines to be levied.”
RESPONSE 1:

Claim of Incorrect Fees and Miscommunications Due to Staff Changes Staff changes are a normal part of business operations. During the case, there was a change in inspectors, but inspection procedures remained consistent, and each inspector followed protocols and fees were assessed according to the adopted fee schedule. Housing supervisors and staff ensured inspections were scheduled and completed accurately. This case has been thoroughly reviewed by multiple levels of management, confirming the accuracy and appropriateness of all fees involved.

ISSUE 2:

On May 1, 2024, property manager Jonathan Hicks appealed the 2024 lien for additional unpaid fees, stating “We would like to appeal all fees highlighted in yellow on the attached excel sheet, as we were in compliance for unit #10 and #1 as of the inspection on 3/13/23 and were appealing the violation charges from thereafter. Those penalty charges continued past the date the city wrote off the units in compliance, which we don't feel is fair to ownership since the appeal was in-place and the violations were cleared.”

Appeal of Special Assessment Tax Lien PUBLIC HEARING
March 11, 2025

RESPONSE 2:

If owners do not pay inspection services fees, penalty fees accrue per the fee scheduled established by City Council with resolution 68,940-N.S. Penalty fees accrue because balances are unpaid, not because violations have or have not been corrected.

BACKGROUND
The Rental Housing Safety Program randomly selected 1806 Walnut St for proactive inspections. Five units out of 13, along with the common area, were chosen for inspection. Units 1, 5, 7, 10, Unit A, and the common areas were inspected on 10/13/2022, and housing violations were identified in all inspected areas. A representative from the property management company was present and accompanied the inspector during the initial inspection.

The first re-inspections were scheduled for December 20, 2022. Representatives of the owner or property management company were not present. The tenants in Units 5 and 7 were available, allowing the inspector to verify and close the corrected violations in these units. No one answered at Unit 1 and Unit A, so the inspector left door tags. The tenant in Unit 10 requested a reschedule, which was granted. Some common area violations were accessible and verified as corrected, while others could not be confirmed.

Second re-inspections for Units 1, 10, Unit A, and the common areas were scheduled for February 8, 2023. Again, no representatives of the owner or property management company were present, and a door tag was left on the front door of the building. Third re-inspections were scheduled for March 13, 2024. The owner’s representative was present, and violations in Units 1, 10, and Unit A were verified as corrected, closing these cases. Some common area violations were corrected, but issues such as the missing Carbon Monoxide alarm in the Laundry Room and required ground fault circuit interruption protection remained unresolved. A fourth re-inspection was scheduled for May 2, 2023. The owner’s representative was present, and the remaining common area violations were corrected, closing the case.

Appeal of Special Assessment Tax Lien PUBLIC HEARING
March 11, 2025

Fees Assessed
 Units 1 and Unit A: Assessed $400, $600, and $800 each for three re- inspections.
 Unit 10: Assessed $400 and $600 for the first and second re-inspections.  Penalty fees were applied for unpaid re-inspection fees.  Common area case: Fees paid and not included in the lien.

Notification of Owners
The intent to inspect letter was mailed to the owner's legal address, notifying them of the proactive inspections. A property manager was present during the initial inspection, indicating the notice was received. All subsequent notices were sent to this address and there was no returned mail from the owner. The owner did not request to have copies of notices sent to additional mailing addresses.

Reinspections and Fees Justification
Tenants occupied the units during the period violations were observed, raising safety concerns. The re-inspections and fees incentivize timely correction of violations to ensure tenant safety. Despite ample time, the owners failed to address the violations promptly.

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

RATIONALE FOR RECOMMENDATION
Inspection Service fees and penalties allow the enforcement of the Berkeley Housing Code and protect the safety of tenants. They should not be reduced unless they were assessed incorrectly.

ALTERNATIVE ACTIONS CONSIDERED
None.

CONTACT PERSON
Jenny McNulty, Resilient Buildings Program Manager, Planning and Development Department, (510) 981-7451
Attachments:
1: Resolution
2: Appeal letter

3. Detail of Lien Amounts
4: Administrative Record
5: Public Hearing Notice

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

DENIAL OF OWNER’S APPEAL AND IMPOSITION OF LIEN FOR UNPAID INSPECTION SERVICE FEES AT 1806 WALNUT STREET
WHEREAS, Council established the Rental Housing Safety Program (RHSP) on August 23, 2001 with Ordinance No. 6,651-N.S.; and
WHEREAS, per BMC Chapter 19.40.080, the City Manager or their designee may periodically inspect every residential rental unit in any real property in the City; and WHEREAS, Council adopted the current inspection service fees per Resolution No. 68,940-N.S. on May 28, 2019; and
WHEREAS, 1806 Walnut St were randomly selected for proactive housing inspections at Units #1, #5, #7, #10, #A and the common area, and the owners were mailed an Intent to Inspect letter on August 18, 2022; and
WHEREAS, violations were identified that were not corrected by the second re- inspection, and inspection service fees were assessed that were not paid for units #1, #10, and #A; and
WHEREAS, Philip and Peter Wright are the Owners of said rental property at 1806 Walnut Street, Berkeley, California; and
WHEREAS, the owners were served with Notices of Proposed Lien and Hearing Rights on May 16, 2023 and April 30, 2024, and on May 1, 2024 the City received a timely objection to the proposed liens by the Owner; and
WHEREAS, a hearing on property owners’ objections was conducted on March 11, 2025 by the Council of the City of Berkeley; and
WHEREAS, in evaluating the testimony given during the hearing, the Council of the City of Berkeley considered and made determinations as to the credibility of the witnesses, the weight of the evidence, and the extent to which the evidence was cumulative and/or probative.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the Council finds that the proposed lien amount totaling $6,450 is an accurate sum of the inspection fees and associated costs, and dismisses the appeal and upholds the proposed liens, and authorizes the City Manager or their designee to effectuate the recording of said liens with the County of Alameda.

ATTACHMENT 2

From: McNulty, Jenny
To: Jonathan Hicks
Cc: RHSPBilling
Subject: RE: 1806 Walnut St. - RHSP Fines
Date: Wednesday, May 01, 2024 12:48:19 PM
Dear Jonathan,
You can submit your appeal by email to [email protected] and copy [email protected].

Sincerely,
Jenny McNulty, Resilient Buildings Program Manager
Rental Housing Safety Program / Building & Safety Division Phone: (510) 981-7451
Email: [email protected]
From: Jonathan Hicks <[email protected]>
Sent: Wednesday, May 1, 2024 12:26 PM
To: McNulty, Jenny <[email protected]>
Cc: RHSPBilling <[email protected]>
Subject: Re: 1806 Walnut St. - RHSP Fines
WARNING: This is not a City of Berkeley email. Do not click links or attachments unless you trust the sender and know the content is safe.

Good Afternoon Jenny,
Thanks for the response to my email.

We would like to appeal all fees highlighted in yellow on the attached excel sheet, as we were in compliance for unit #10 and #1 as of the inspection on 3/13/23 and were appealing the violation chargers from thereafter. Those penalty charges continued past the date the city wrote off the units in compliance, which we don't feel is fair to ownership since the appeal was in-place and the violations were cleared.
-Please let me know if you need me to fill an additional appeal form and if so, please provide that form so I can submit within the 10 days per your email.

Thanks,
Jonathan Hicks
Property Manager
K&S Company Inc.
1035 San Pablo Ave. Suite #12
Albany, CA 94706
(p) 510-528-1900
http://www.kands.com/
CONFIDENTIALITY NOTICE: This e-mail message including attachments, if any, is intended only for the person(s) or entity(ies) to which it is addressed and may contain confidential and /or privileged material. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message.

Internal
Customer Number: 58119-256485
Case Number: H2022-00942
Address: 1806 WALNUT St 10
Transaction Date Transaction Amount
3/14/2023 Inspection Fee for 02/08/2023 400.00$
4/13/2023 Inspection Fee for 03/13/2023 600.00$
4/17/2023 Penalty Fee 40.00$
5/15/2023 Penalty Fee 160.00$
6/15/2023 Penalty Fee 60.00$
Balance Due 1,260.00$
Customer Number 58119-256160
Case Number H2022-00692
Address 1806 WALNUT St (Common)
Transaction Date Transaction Amount
1/10/2023 Inspection Fee for 12/12/2022 400.00$
3/14/2023 Inspection Fee for 02/08/2023 600.00$
3/15/2023 Penalty Fee 40.00$
4/13/2024 Inspection Fee for 03/13/2023 800.00$
4/17/2023 Penalty Fee 60.00$
5/15/2023 Penalty Fee 240.00$
6/9/2023 Inspection Fee for 05/02/2023 800.00$
6/15/2023 Penalty Fee 80.00$
6/29/2023 Payment (3,020.00)$
Balance Due -$
Customer Number 58119-256161
Case Number H2022-00939
Address 1806 WALNUT St #1
Transaction Date Transaction Amount
1/10/2023 Inspection Fee for 12/12/2022 400.00$
3/14/2023 Inspection Fee for 02/08/2023 600.00$
3/15/2023 Penalty Fee 40.00$
4/13/2023 Inspection Fee for 03/13/2023) 800.00$
4/17/2023 Penalty Fee 60.00$
5/15/2023 Penalty Fee 240.00$
6/15/2023 Penalty Fee 80.00$
Balance Due 2,220.00$

Internal
Customer Number 58119-256162
Case Number H2022-00943
Address 1806 WALNUT St #A
Transaction Date Transaction Amount
1/10/2023 Inspection Fee for 12/12/2022 400.00$
3/14/2023 Inspection Fee for 02/08/2023 600.00$
3/15/2023 Penalty Fee 40.00$
4/13/2023 Inspection Fee for 03/13/2023 800.00$
4/17/2023 Penalty Fee 60.00$
5/15/2023 Penalty Fee 240.00$
6/15/2023 Penalty Fee 80.00$
Balance Due 2,220.00$

Internal
Total Charges: 8,720.00 $
Total Payments: (3,020.00)$
Net Amount Due: 5,700.00 $
Summary

Case Number
Address
H2022-00939
1806 WALNUT St #1
Transaction Amount
2023 Lien 400
2024 Lien 1,820
Administrative lien fee 250
Total Lien 2,470
Case Number H2022-00943
Address 1806 WALNUT St #A
Transaction Amount
2023 Lien 400
2024 Lien 1,820
Administrative lien fee 250
Total Lien 2,470
Case Number: H2022-00942
Address: 1806 WALNUT St 10
Transaction Amount
2023 Lien -
2024 Lien 1,260
Administrative lien fee 250
Total Lien 1,510
Total Lien 6450
ATTACHMENT 3

Index for Administrative Record for 1806 Walnut St
Unit 1 Case H2022-00939 Pages
Log Notes 2-3
Notices of Intent to Inspect and Violation 4-13
Photo of door hanger 14
Notices of Violation and of Closure and Compliance 15-20 All Units
Lien Notices and Correspondence regarding Liens 21-40
Unit A Case H2022-00943
Log Notes 41-42
Notices of Intent to Inspect, Violation and Closure and Compliance 43-55 Returned mail from tenant 56
Unit 10 Case H2022-00942
Log Notes 57-58
Notices of Intent to Inspect and Violation 59-68
Photo of door hanger 69
Notices of Violation and of Closure and Compliance 70-75 ATTACHMENT 4

Date Content Status Action By Type Comments Include in
PRA?
10/06/2022 Intent Letter Completed Martha Ramos Activity Notice of Intent to Inspect letter dated 8/18/22 can be
found in common case
#H2022-00692.

Y
10/06/2022 Initial Action N/A Martha Ramos Workflow History Code Enforcement 10/13/2022 Initial Inspection Complete Jay Marlette Inspection Property manager present.

Violations found.
10/18/2022 Supervisor Approved Violations Completed Angel Sindayen Activity Y 10/18/2022 Investigation RHSP Notice of
Investigation
Martha Ramos Workflow History Code Enforcement
10/18/2022 Notice of Initial Inspection Results 10-
18-22.pdf
Uploaded Martha Ramos Document application/pdf
12/07/2022 Verify RealQuest Completed Andre Kidd Activity No change. Y 12/12/2022 Re-inspection Complete with $400 fee Jay Marlette Inspection No Entry. Left Door Hanger. Scheduled next
reinspection.
12/20/2022 Transfer Case - New inspector Completed Angel Sindayen Activity Transfer to Inspector Fidler. Y 12/21/2022 Enforcement Notice of Violation - 2nd Martha Ramos Workflow History Code Enforcement 12/21/2022 Office Review Complete Sloan Fidler Inspection Inspector Fidler accepts transfer of this case from
Inspector Marlette. Next
reinspection scheduled for
2-8-23 PM.
12/21/2022 Second Notice of Violation 12-21-

22.pdf
Uploaded Martha Ramos Document application/pdf
02/07/2023 Verify RealQuest Completed Andre Kidd Activity No change. Y 02/08/2023 Re-inspection Complete with $600 fee Sloan Fidler Inspection Tenant and owner contact absent. Left door tag.
02/08/2023 20230208130227000.jpg Uploaded Sloan Fidler Document image/jpeg 02/09/2023 Enforcement Notice of Violation Bounthip Fuentecilla Workflow History Code Enforcement 02/09/2023 Notice of Violation 2-09-23.pdf Uploaded Bounthip Fuentecilla Document application/pdf 03/06/2023 Verify RealQuest Completed Andre Kidd Activity No change. Y Log Notes for H2022-00939

03/13/2023 CASE CLOSURE Completed Sloan Fidler Activity Tenant absent. Owner contact present. All
violations corrected. Close
case.

Y
03/13/2023 Re-inspection Complete with $800 fee Sloan Fidler Inspection Tenant absent. Owner contact present. All
violations corrected. Close
case.
03/15/2023 Enforcement RHSP Certificate of
Compliance
Martha Ramos Workflow History Code Enforcement
03/15/2023 Resolution Compliance Martha Ramos Workflow History Code Enforcement 03/15/2023 Certificate of Closure-Compliance 03-
15-23.pdf
Uploaded Martha Ramos Document application/pdf
04/30/2024 1806 Walnut St_ - RHSP Fines.msg Uploaded Jenny McNulty Document application/vnd.ms-outlook

1947 Center Street, 3rd floor, Berkeley, CA 94704 Tel: 510.981.5444 TDD: 510.981.7474 Fax: 510. 981.7505 E-mail: [email protected] - http://www.cityofberkeley.info/housingcodeenforcement

Planning & Development Department
Building & Safety Division
Housing Code Enforcement

August 18, 2022

Notice of Intent to Inspect
APN: 057 204900400
Case #: H2022-00692

PHILIP & PETER WRIGHT

FIONNUA WRIGHT
1580 HAWTHORNE TER
BERKELEY, CA 94708

Subject:

1806 WALNUT St #1, #5, #7, #10 & A
1806 WALNUT St COMMON
Berkeley, California

Dear Owner(s):

The above-referenced property has been scheduled for an inspection as part of the City of Berkeley's Rental Housing Safety Program (RHSP). The Program's purpose is to ensure that Berkeley's rental housing stock is safe and habitable. The RHSP inspection also provides a service to the property owner by identifying other items the owner should be aware of to avoid further deterioration, which might result in code violations and reduction in the value of the building. The RHSP program is part of a City effort to help improve rental housing throughout the City. The cooperation of both owner(s) and tenant(s) is crucial in achieving these goals.

The inspection schedule for this property has been set as follows:

Inspector:

Jay Marlette

Date:

Thursday, October 13, 2022

Time Window:

AM = 9:00 am - 12:00 noon

X

PM = 12:30 pm - 4:00 pm

The inspector will arrive to conduct the scheduled inspection during the time window. The inspector’s actual arrival time will be determined by their daily schedule. You may contact the inspector before 9:00am the day of the inspection for a narrower time window.

Owner responsibilities and information include the following:

•

You must provide the inspector access to all interior, exterior, and common areas of the building.

You need not be present during the inspection, however, your presence would be desirable to ensure access for a thorough inspection of the property.

•

If code violations are identified you must obtain all necessary permits and make all repairs needed to bring your property into code compliance within the timeframes established by the City (usually 30 days from date of notice).

•

You must pay appropriate inspection service fees per Resolution 68,940-N.S. Enclosed is the fee

Notice of Intent to Inspect
August 18, 2022

1947 Center Street, 3rd floor, Berkeley, CA 94704 Tel: 510.981.5444 TDD: 510.981.7474 Fax: 510. 981.7505 E-mail: [email protected] - http://www.cityofberkeley.info/housingcodeenforcement

schedule for all inspections conducted by the Rental Housing Safety Program staff. A fee will be charged for each reinspection if repairs are not made by the scheduled reinspection date.

•

Upon the Housing Inspector's arrival at the property, property owners are required to produce a copy of the completed Rental Housing Safety Program (RHSP) Self-Certification Safety Checklist (Schedule A) form for the unit or room identified above. Failure to do so may result in the issuance of an Administrative citation to the property owner for non compliance with Berkeley Municipal Code 12.48. Administrative Citations carry a minimum fine of $200 per unit or room. Therefore it is strongly recommended the property owner be present for the inspection.

Tenant responsibilities and information include the following:

•

It is not mandatory that tenants be present during the scheduled inspection. However, tenants are encouraged to be present in order to ensure that their units are included in the property inspection and meet minimum Berkeley Housing Code requirements.

•

If code violations are identified, tenants will be required to allow the owner access to make the necessary repairs. The owner is required to undertake any repairs during normal business hours.

If necessary, the tenant can make arrangements with the owners for the times and days which may be mutually convenient.

Inspection process:

1. An inspection will be made of common areas and unit interiors.

2. The inspection results will be mailed to the owner with a copy to the tenant, which include any code violations and the next scheduled reinspection date.

3. The owner obtains necessary permits and makes arrangements for repairs with the tenant.

4. A reinspection is performed. If all repairs are made correctly, violations are cleared and the case is closed with the unit receiving a Certificate of Compliance exempting it from having to complete the RHSP Self-certification Safety Checklist (Schedule A) form for three years. If all repairs are not corrected, the owner is notified of remaining deficiencies and another reinspection is scheduled.

How long the process takes varies according to the type of repairs needed and how quickly the owner can find a contractor to do the work. The process requires the timely coordination and cooperation of all parties involved. Owners, tenants, neighbors and community all benefit from the identification and correction of code violations.

If you have questions regarding the inspection, please contact the Housing Inspector at (510) 981-5444.

Enclosure(s)

cc:

TENANT
STANLEY WRIGHT TRUST, 1035 SAN PABLO AVE STE 12, BERKELEY, CA 94706-2277

Note:

As a cost-saving measure, many City offices and services will be closed on the 2nd Friday of the month. For a full list of holiday and reduced services days please visit the City’s web site at www.cityofberkeley.info.

1947 Center Street, 3rd floor, Berkeley, CA 94704 Tel: 510. 981.5444 TDD: 510.981.7474 Fax: 510.981.7505 E-mail: [email protected] - http://www.cityofberkeley.info/housingcodeenforcement

Planning & Development Department
Building & Safety Division
Housing Code Enforcement

October 18, 2022

First Notice of Violation
Initial Inspection Results
APN: 057 204900400
Case #: H2022-00939

PHILIP & PETER WRIGHT

FIONNUA WRIGHT
1580 HAWTHORNE TER
BERKELEY, CA 94708

Subject:

NOTICE OF VIOLATION PURSUANT TO THE RENTAL HOUSING SAFETY PROGRAM (RHSP); BMC12.48; BUILDING AT 1806 WALNUT St #1, BERKELEY,

CALIFORNIA

Dear Owner(s):

The above subject property was inspected on October 13, 2022 as part of the City of Berkeley's Rental Housing Safety Program (RHSP) to determine compliance with the Uniform Housing Code as adopted by the City of Berkeley (BMC Chapter 19.40). Attached to this letter is a list of the violations that were identified during this inspection.

To determine compliance with this Notice of Violation, a reinspection has been scheduled. At the time of the reinspection we expect to have access into the building and where applicable, the unit.

Date:

Monday, December 12, 2022

Time Window:

AM = 9:00 am - 12:00 noon

PM = 12:30 pm - 4:00 pm

X

The inspector will arrive to conduct the scheduled inspection during the time window. The inspector’s actual arrival time will be determined by their daily schedule. You may contact the inspector before 9:00am the day of the inspection for a narrower time window.

Please note: This letter is not a substitute for the requirements set forth in California Civil Code

19.54 for entering the unit and you are still required to provide your tenant proper notification.

Be advised that if all defects have been corrected, there will be no fee for the reinspection and you will be given a Certificate of Compliance. If you receive a Certificate of Compliance you will then be exempt from the City’s Annual Safety Self-Certification (Schedule A) requirement for a three-year period.

First Notice of Violation
Initial Inspection Results
October 18, 2022

1947 Center Street, 3rd floor, Berkeley, CA 94704 Tel: 510. 981.5444 TDD: 510.981.7474 Fax: 510.981.7505 E-mail: [email protected] - http://www.cityofberkeley.info/housingcodeenforcement

If all defects have not been corrected by the time of the reinspection, the City of Berkeley Housing Code allows for subsequent reinspections until all repairs have been corrected and verified. You will be charged in accordance with the enclosed fee schedule for the reinspections. If you do not complete the repairs required, you may be subject to a Notice of Violation filed with the county, and ultimately served with a citation, which can result in the imposition of fines. Therefore, it is in your best interest to obtain any necessary permits and complete the repairs within this grace period.

Permits can be obtained at:

Permit Service Center
1947 Center Street, 3rd floor
Berkeley, CA 94704
Phone: (510) 981-7500
www.cityofberkeley.info/permitservicecenter

If either you or the applicable tenant(s) wish to request an informal review by the Building Official of the determination as set forth in chapter 12.48.080 of the Berkeley Municipal Code, please contact our office. Failure to request an informal review within ten (10) days of the date of issuance of this notice shall constitute a waiver of any objection to said determination and the order shall therefore be final and binding.

If you have any questions concerning this Notice of Violation, please contact me at (510) 981-5444.

Sincerely,

Jay Marlette
Housing Inspector

Enclosure(s)

cc:

Tenant

STANLEY WRIGHT TRUST, 1035 SAN PABLO AVE STE 12, BERKELEY, CA 94706- 2277

Note:

As a cost-saving measure, many City offices and services will be closed on the 2nd Friday of the month. For a full list of holiday and reduced services days please visit the City’s web site at www.cityofberkeley.info.

1947 Center Street, 3rd floor, Berkeley, CA 94704 Tel: 510. 981.5444 TDD: 510.981.7474 Fax: 510. 981.7505 E-mail: [email protected] - http://www.cityofberkeley.info/housingcodeenforcement

Planning & Development Department
Building & Safety Division
Housing Code Enforcement

December 21, 2022

Second Notice of Violation
APN: 057 204900400
Case #: H2022-00939

PHILIP & PETER WRIGHT

FIONNUA WRIGHT
1580 HAWTHORNE TER
BERKELEY, CA 94708

Subject:

1806 WALNUT St #1
Berkeley, California

Dear Owner:

The City of Berkeley informed you in writing that the subject property was found to be in violation of the Berkeley Housing Code (BMC Section 19.40). At the time of the reinspection/office review conducted on December 12, 2022, you had not corrected all the conditions required to close your case. The remaining violations are identified on the enclosed list and a reinspection has been scheduled for:

Date:

Wednesday, February 08, 2023

Time Window:

AM = 9:00 am - 12:00 noon

PM = 12:30 pm - 4:00 pm

X

The inspector will arrive to conduct the scheduled inspection during the time window. The inspector’s actual arrival time will be determined by their daily schedule. You may contact the inspector before 9:00am the day of the inspection for a narrower time window.

It is the owner's responsibility to obtain the tenant's approval for entry on the scheduled date of the reinspection. You will be charged an inspection fee if the inspector cannot gain entry or if violations are not corrected at the time of the scheduled inspection.

Please note: This letter is not a substitute for the requirements set forth in California Civil Code

19.54 for entering the unit and you are still required to provide your tenant proper notification.

As the owner of the property, you are liable for all inspection service fees charged. You will continue to incur additional inspection service fees including the final reinspection, which closes this case. All fees charged while the building and/or unit(s) remain in noncompliance are the responsibility of the owner and remain as assessments until the fees have been paid. The City may use any and all actions at its disposal to collect these fees, which may include a civil suit, a Notice of Violation filed with the county and delinquent fees placed on your property tax bill.

Second Notice of Violation
December 21, 2022

1947 Center Street, 3rd floor, Berkeley, CA 94704 Tel: 510. 981.5444 TDD: 510.981.7474 Fax: 510. 981.7505 E-mail: [email protected] - http://www.cityofberkeley.info/housingcodeenforcement

Please be further advised that the Rent Stabilization Board has requested a copy of this notice sent by our office. Berkeley tenants who are covered by the Rent Stabilization Ordinance may petition the Rent Stabilization Board for rent reductions if the property owner(s) fails to correct violations.

The Rent Stabilization Board will be similarly notified with a copy of the Notice of Compliance as soon as all repairs are made and verified.

If you have any questions regarding this Notice of Violation, please contact me at (510) 981-5444.

Sincerely,

Sloan Fidler
Housing Inspector

Enclosure(s)

cc:

TENANT

CITY OF BERKELEY RENT STABILIZATION BOARD

STANLEY WRIGHT TRUST; 1035 SAN PABLO AVE STE 12; ; BERKELEY, CA 94706-2277

Note:

As a cost-saving measure, many City offices and services will be closed on the 2nd Friday of the month. For a full list of holiday and reduced services days please visit the City’s web site at www.cityofberkeley.info.

Case Details
Date:

Case Number:

Subject:

H2022-00939
1806 WALNUT St 1
12/21/2022

CITY OF BERKELEY
Housing Code Enforcement
1947 Center Street, 3rd floor
Berkeley, CA 94704
(510) 981-5444
Of the original 5 violations, 0 have been cleared.

The remaining violations are:

1. Hallway, Alarm - Smoke, Missing
The smoke alarm in the hallway is missing. To correct, follow manufacturers installation manual and ensure operating smoke alarms are installed in required locations: in each sleeping room, outside each separate sleeping area in the immediate vicinity of the bedroom, on every occupiable level of the dwelling including basement. BMC 19.28, SEC. 907.2.11.2 & BMC 19.29, SEC. R314.3

2. Hallway, Alarm - Carbon Monoxide, Missing
The carbon monoxide alarm is missing. To correct, follow manufacturers installation manual and ensure operating carbon monoxide alarms are installed in required locations: outside of each separate sleeping area in the immediate vicinity of the bedrooms, on every occupiable level of a dwelling unit, including basements and where a fuel-burning appliance is located within a bedroom or its attached bathroom, a carbon monoxide alarm shall be installed within the bedroom. BMC 19.28, SEC. 420.6 & BMC 19.29, SEC. R315.2

3. Bedroom, Alarm - Smoke, Missing
The smoke alarm in the bedroom is missing. To correct, follow manufacturers installation manual and ensure operating smoke alarms are installed in required locations: in each sleeping room, outside each separate sleeping area in the immediate vicinity of the bedroom, on every occupiable level of the dwelling including basement. BMC 19.28, SEC. 907.2.11.2 & BMC 19.29, SEC. R314.3

4. Bedroom, Electrical Receptacle, Not Grounded
The three prong electrical receptacle was tested and is not grounded. Three prong receptacles are required to be grounded. To correct, properly ground the receptacles or install one of the two prong type or install GFCI receptacles marked “No Equipment Ground ”. Note: If rough electrical work will be necessary to make the repair, the owner or his/her representative is required to obtain an electrical permit and a final approval by a building inspector. BMC

19.30, SEC.406(D)(2) & BMC 19.40, SEC. 701.2

5. Kitchen, Electrical Receptacle, GFCI - Missing

Case Details
Date:

Case Number:

Subject:

H2022-00939
1806 WALNUT St 1
12/21/2022

The kitchen receptacle does not have the required ground fault circuit interrupter (GFCI) protection. To correct, replace the receptacle(s) with GFCI receptacle(s) or install GFCI protection devices and ensure proper operation. NOTE: If rough electrical work is necessary to make the repair, the owner or his/her representative is required to obtain an electrical permit and a final approval from a building inspector. BMC 19.30, SEC. 210.8 & BMC 19.40, SEC. 701.2

1947 Center Street, 3rd floor, Berkeley, CA 94704 Tel: 510. 981.5444 TDD: 510.981.7474 Fax: 510. 981.7505 E-mail: [email protected] - http://www.cityofberkeley.info/housingcodeenforcement

Planning & Development Department
Building & Safety Division
Housing Code Enforcement

February 9, 2023

Notice of Violation
APN: 057 204900400
Case #: H2022-00939

PHILIP & PETER WRIGHT

FIONNUA WRIGHT
1580 HAWTHORNE TER
BERKELEY, CA 94708

Subject:

1806 WALNUT St 1
Berkeley, California

Dear Owner:

You were informed in writing that the subject property was found to be in violation of the Berkeley Housing Code (BMC Chapter 19.40). At the time of the reinspection/office review conducted on February 8, 2023, you had not corrected all the conditions required to close your case. The remaining violations are identified on the enclosed list and a reinspection has been scheduled for:

Date:

Monday, March 13, 2023

Time Window:

AM = 9:00 am - 12:00 noon

PM = 12:30 pm - 4:00 pm

X

The inspector will arrive to conduct the scheduled inspection during the time window. The inspector’s actual arrival time will be determined by their daily schedule. You may contact the inspector before 9:00am the day of the inspection for a narrower time window.

It is the owner's responsibility to obtain the tenant's approval for entry on the scheduled date of the reinspection. You will be charged an inspection fee if the inspector cann ot gain entry or if violations
are not corrected at the time of the scheduled inspection.

Please note: This letter is not a substitute for the requirements set forth in California Civil Code

19.54 for entering the unit and you are still required to provide your tenant proper notification.

Notice of Violation
February 9, 2023

1947 Center Street, 3rd floor, Berkeley, CA 94704 Tel: 510. 981.5444 TDD: 510.981.7474 Fax: 510. 981.7505 E-mail: [email protected] - http://www.cityofberkeley.info/housingcodeenforcement

As the owner of the property, you are liable for all inspection service fees charged. You will continue to incur additional inspection service fees including the final reinspection, which closes this case. All fees charged while the building and/or unit(s) remain in noncompliance are the responsibility of the owner and remain as assessments until the fees have been paid. The City may use any and all actions at its disposal to collect these fees, which may include the placement of a special assessment lien on your property that may be collected at the same time and in the same manner as property taxes are collected.

If you have any questions regarding this Notice of Violation, please contact me at (510) 981-5444.

Sincerely,

Sloan Fidler
Housing Inspector

Enclosure(s)

TENANT

cc:

STANLEY WRIGHT TRUST, 1035 SAN PABLO AVE STE 12, BERKELEY, CA 94706- 2277

Note:

As a cost-saving measure, many City offices and services will be closed on the 2nd Friday of the month. For a full list of holiday and reduced services days please visit the City’s web site at www.cityofberkeley.info.

1947 Center Street, 3rd floor, Berkeley, CA 94704 Tel: 510. 981.5444 TDD: 510.981.7474 Fax: 510.981.7505 E-mail: [email protected] - http://www.cityofberkeley.info/housingcodeenforcement

Planning & Development Department
Building & Safety Division
Housing Code Enforcement

March 15, 2023

Certificate of Closure/Compliance
APN: 057 204900400
Case #: H2022-00939

PHILIP & PETER WRIGHT

FIONNUA WRIGHT
1580 HAWTHORNE TER
BERKELEY, CA 94708

Subject:

1806 WALNUT St #1
Berkeley, California

Dear Owner(s):

The above-referenced property was inspected on March 13, 2023 as part of the City of Berkeley's Rental Housing Safety Program (RHSP) and in accordance with housing code requirements.

Based upon this inspection:

Certificate of Compliance: No housing code violations or deficiencies were observed. As a result, this letter serves as the requisite Certificate of Compliance under the RHSP.

Certificate of Compliance: RHSP staff has determined that each of the housing code violations noted in a previous inspection of the subject property has been corrected. As a result, this letter serves as the requisite Certificate of Compliance under the RHSP. (You are encouraged to monitor the property periodically and to perform preventive maintenance as needed.)

X

Notice of Closure: The City was unable to gain authorized access to the above referenced unit to conduct an inspection. No further action is planned with regard to the City attempting to inspect this rental unit, however should the tenant wish to request an inspection of the unit, they may do so by submitting a Request for Service form to our office. This form may be obtained either by coming into our office, it can be mailed or it may be submitted electronically through the City’s website.

Certificate of Closure/Compliance
March 15, 2023

1947 Center Street, 3rd floor, Berkeley, CA 94704 Tel: 510. 981.5444 TDD: 510.981.7474 Fax: 510.981.7505 E-mail: [email protected] - http://www.cityofberkeley.info/housingcodeenforcement

RHSP staff has determined that there may be noncompliance of safety code requirements that are not under the purview of the Planning and Development Department’s Housing Code Enforcement Section. Consequently, you are advised that the matter has been referred to the City Department checked below:

Fire -- 981-5585

Public Works -- 981-6300

Building & Safety -- 981-7440

Health -- 981-5310

Zoning -- 981-7410

Code Enforcement Unit -- 981-2489

There is no charge for either the initial City housing inspection or for a first reinspection where all code violations cited have been cleared. However, there will be a charge for reinspections when violations remain (pursuant to Resolution No. 68,940-N.S.). As the owner of the subject property and despite the issuance of this Certificate of Compliance, you remain liable for all outstanding inspection fees charged and not yet paid. The City may use any and all actions at its disposal to collect these fees, which may include the placement of a special assessment lien on your property that may be collected at the same time and in the same manner as property taxes are collected.

Furthermore, you remain responsible for resolving all other outstanding issues that might be pending which are under the jurisdiction of another City Department or program.

If either you or the applicable tenant(s) wish to appeal the determination as set forth in chapter

19.44 of the Berkeley Municipal Code, please feel free to contact our office. Failure to file the referenced appeal within 30 days of this notice shall constitute a waiver of any objection to said determination and of the right to an administrative hearing and adjudication, and the order shall therefore be final and binding.

If you have any questions regarding this Certificate of Compliance or require further follow up, you can reach me, Monday - Friday, 8:00 am – 9:00 am at (510) 981 5444.

Sincerely,

Sloan Fidler
Housing Inspector

cc:

TENANT

CITY OF BERKELEY RENT STABILIZATION BOARD
STANLEY WRIGHT TRUST, 1035 SAN PABLO AVE STE 12, ALBANY, CA 94706-2277 STANLEY WRIGHT TRUST, 1035 SAN PABLO AVE STE 12, BERKELEY, CA 94706- 2277

Note:

As a cost-saving measure, many City offices and services will be closed on the 2nd Friday of the month. For a full list of holiday and reduced services days please visit the City’s web site at www.cityofberkeley.info.

SENT CERTIFIED AND REGULAR MAIL

Planning & Development Department
Building & Safety Division – Housing Code Enforcement

RI

1947 Center Street, 3rd Floor - Berkeley, CA 94704 Tel: 510. 981.5445 TDD: 510.981.7474 Fax: 510. 981.7505 E-mail: [email protected] - Website: www.berkeleyca.gov May 16, 2023

RI58119-256160

WRIGHT, PETER & PHILIP

FIONNUA WRIGHT
1580 HAWTHORNE TR
BERKELEY, CA 94708

RE: NOTICE OF PROPOSED LIEN AND HEARING RIGHTS

Dear Property Owner(s):

A
ccording to records on file with the City of Berkeley Finance Department, you are delinquent in providing payments for inspection service fees. These Housing Code Enforcement inspections were performed on your rental property after you were notified of housing code violations that needed correction and the schedule for reinspec
ting your property. Additionally, during the enforcement process, the Finance Department billed you were billed for each reinspection pursuant to the fee schedule adopted by the Berkeley City Council. (Resolution No. 68,940-N.S., May 28, 2019)

The subject rental property is identified as follows:

Property Address: 1806 WALNUT ST (COMMON)
Parcel Number: 057-2049-004
Case Number: 22-692
Customer Number: 58119-256160

As a result of your failure to remit payment, the City is hereby notifying you as well as any other owner of record of its intent to attach a special assessment lien against the above subject property. The total amount of delinquent and late payment fees owed is shown below, along with a $250 administrative lien fee which will be applied if the City of Berkeley files a lien to collect monies owed.

TOTAL FEES OWED $ 400.00

Administrative Lien Fee: $ 250.00

TOTAL AMOUNT TO BE LIENED: $ 650.00
(amount of lien if total fees owed are not paid prior to lien processing) ===========

1806 WALNUT ST
(COMMON)
May 16, 2023

Pursuant to BMC 19.40.140 Section 1401.4, you are also hereby notified that you have 30 days from the date of this Notice to pay the total delinquent fines, costs and fees listed on the previous page to avoid issuance of a special assessment lien.

Payment of the total fees owed is due upon receipt of this notice. Payment can be made in the following ways:
• Mail payment to the Finance Department (City of Berkeley; PO Box 1910; Berkeley, CA 94701-1910)
• Visit the Finance Customer Service Center located at 1947 Center Street, 1st floor in Berkeley (Monday – Thursday, 8:30am-4:00pm)

Pursuant to BMC 19.40.140 Section 1401.4.1.A, y
ou have 10 calendar days
from the date of this Notice to request a hearing before the Berkeley City Council and to file objections to the amount owed. Failure to request an appeal within 10 days from the date of this Notice constitutes a waiver of your right to appeal the amount specified above.

Please be aware that this hearing does not provide you the opportunity to challenge t
he underlying basis for the fee-r
elated inspections. Rather, the City Council will
only determine the reasonableness of the fees or fines. To file a hearing request, submit your appeal to the City Clerk in writing, stating the reason why you believe the amount of the proposed lien is incorrect. Requests must be postmarked within 10 days of the date of this Notice and sent to the City Clerk’s office at 2180 Milvia Street, 1
st floor Berkeley, CA 94704.

If you wish to request additional time to pay due to financial hardship, please submit a detailed written statement, explaining why an extension should be granted and the length of time for which an extension is needed. Please include specific information on building rents, operating expenses, existing debt, projected rents on the building, your latest tax return and any other information needed to assess the request.

Hardship requests should be sent to Housing Code Enforcement at 1947 Center Street, 3
rd floor Berkeley, CA 94704.

If you fail to remit the total fees owed or submit for financial hardship within 30 days of this notice or to request a hearing within 10 days of the date of this notice, the City will notify the office of the County Recorder and direct it to place a special assessment lien on your property for the total lien amount set forth above. The amount of the lien may then be collected at the same time and in the same manner as property taxes are collected.

If you have any questions regarding the contents of this notice, please contact this office at (510) 981-5445 or by email at [email protected].

CC: Stanley Wright Trust, 1035 San Pablo Ave Ste 12; Berkeley, CA 94706 Stanley Wright Trust, K & S Company Inc. 1035 San Pablo Ave Ste 12, Albany, CA 94706

SENT CERTIFIED AND REGULAR MAIL

Planning & Development Department
Building & Safety Division – Housing Code Enforcement

RI

1947 Center Street, 3rd Floor - Berkeley, CA 94704 Tel: 510. 981.5445 TDD: 510.981.7474 Fax: 510. 981.7505 E-mail: [email protected] - Website: www.berkeleyca.gov May 16, 2023

RI58119-256161

WRIGHT, PETER & PHILIP

FIONNUA WRIGHT
1580 HAWTHORNE TR
BERKELEY, CA 94708

RE: NOTICE OF PROPOSED LIEN AND HEARING RIGHTS

Dear Property Owner(s):

A
ccording to records on file with the City of Berkeley Finance Department, you are delinquent in providing payments for inspection service fees. These Housing Code Enforcement inspections were performed on your rental property after you were notified of housing code violations that needed correction and the schedule for r
einspecting your property. Additionally, during the enforcement process, the Finance Department billed you were billed for each reinspection pursuant to the fee schedule adopted by the Berkeley City Council. (Resolution No. 68,940-N.S., May 28, 2019)

The subject rental property is identified as follows:

Property Address: 1806 WALNUT ST #1
Parcel Number: 057-2049-004
Case Number: 22-939
Customer Number: 58119-256161

As a result of your failure to remit payment, the City is hereby notifying you as well as any other owner of record of its intent to attach a special assessment lien against the above subject property. The total amount of delinquent and late payment fees owed is shown below, along with a $250 administrative lien fee which will be applied if the City of Berkeley files a lien to collect monies owed.

TOTAL FEES OWED $ 400.00

Administrative Lien Fee: $ 250.00

TOTAL AMOUNT TO BE LIENED: $ 650.00
(amount of lien if total fees owed are not paid prior to lien processing) ===========

1806 WALNUT ST #1
May 16, 2023

Pursuant to BMC 19.40.140 Section 1401.4, you are also hereby notified that you have 30 days from the date of this Notice to pay the total delinquent fines, costs and fees listed on the previous page to avoid issuance of a special assessment lien.

Payment of the total fees owed is due upon receipt of this notice. Payment can be made in the following ways:
• Mail payment to the Finance Department (City of Berkeley; PO Box 1910; Berkeley, CA 94701-1910)
• Visit the Finance Customer Service Center located at 1947 Center Street, 1st floor in Berkeley (Monday – Thursday, 8:30am-4:00pm)

Pursuant to BMC 19.40.140 Section 1401.4.1.A, y
ou have 10 calendar days
from the date of this Notice to request a hearing before the Berkeley City Council and to file objections to the amount owed. Failure to request an appeal within 10 days from the date of this Notice constitutes a waiver of your right to appeal the amount specified above.

Please be aware that this hearing does not provide you the opportunity to challenge t
he underlying basis for the fee-r
elated inspections. Rather, the City Council will
only determine the reasonableness of the fees or fines. To file a hearing request, submit your appeal to the City Clerk in writing, stating the reason why you believe the amount of the proposed lien is incorrect. Requests must be postmarked within 10 days of the date of this Notice and sent to the City Clerk’s office at 2180 Milvia Street, 1
st floor Berkeley, CA 94704.

If you wish to request additional time to pay due to financial hardship, please submit a detailed written statement, explaining why an extension should be granted and the length of time for which an extension is needed. Please include specific information on building rents, operating expenses, existing debt, projected rents on the building, your latest tax return and any other information needed to assess the request.

Hardship requests should be sent to Housing Code Enforcement at 1947 Center Street, 3
rd floor Berkeley, CA 94704.

If you fail to remit the total fees owed or submit for financial hardship within 30 days of this notice or to request a hearing within 10 days of the date of this notice, the City will notify the office of the County Recorder and direct it to place a special assessment lien on your property for the total lien amount set forth above. The amount of the lien may then be collected at the same time and in the same manner as property taxes are collected.

If you have any questions regarding the contents of this notice, please contact this office at (510) 981-5445 or by email at [email protected].

CC: Stanley Wright Trust; 1035 San Pablo Ave Ste 12; Berkeley, CA 94706 Stanley Wright Trust; K & S Company Inc; 1035 San Pablo Ave Ste 12; Berkeley, CA 94706

SENT CERTIFIED AND REGULAR MAIL

Planning & Development Department
Building & Safety Division – Housing Code Enforcement

RI

1947 Center Street, 3rd Floor - Berkeley, CA 94704 Tel: 510. 981.5445 TDD: 510.981.7474 Fax: 510. 981.7505 E-mail: [email protected] - Website: www.berkeleyca.gov May 16, 2023

RI58119-256162

WRIGHT, PETER & PHILIP

FIONNUA WRIGHT
1580 HAWTHORNE TR
BERKELEY, CA 94708

RE: NOTICE OF PROPOSED LIEN AND HEARING RIGHTS

Dear Property Owner(s):

A
ccording to records on file with the City of Berkeley Finance Department, you are delinquent in providing payments for inspection service fees. These Housing Code Enforcement inspections were performed on your rental property after you were notified of housing code violations that needed correction and the sched ule for
reinspecting your property. Additionally, during the enforcement process, the Finance Department billed you were billed for each reinspection pursuant to the fee schedule adopted by the Berkeley City Council. (Resolution No. 68,940-N.S., May 28, 2019)

The subject rental property is identified as follows:

Property Address: 1806 WALNUT ST #A
Parcel Number: 057-2049-004
Case Number: 22-943
Customer Number: 58119-256162

As a result of your failure to remit payment, the City is hereby notifying you as well as any other owner of record of its intent to attach a special assessment lien against the above subject property. The total amount of delinquent and late payment fees owed is shown below, along with a $250 administrative lien fee which will be applied if the City of Berkeley files a lien to collect monies owed.

TOTAL FEES OWED $ 400.00

Administrative Lien Fee: $ 250.00

TOTAL AMOUNT TO BE LIENED: $ 650.00

1908 CALIFORNIA STREET
#3
May 16, 2023

(amount of lien if total fees owed are not paid prior to lien processing) ===========

Pursuant to BMC 19.40.140 Section 1401.4, you are also hereby notified that you have 30 days from the date of this Notice to pay the total delinquent fines, costs and fees listed on the previous page to avoid issuance of a special assessment lien.

Payment of the total fees owed is due upon receipt of this notice. Payment can be made in the following ways:
• Mail payment to the Finance Department (City of Berkeley; PO Box 1910; Berkeley, CA 94701-1910)
• Visit the Finance Customer Service Center located at 1947 Center Street, 1 st floor
in Berkeley (Monday – Thursday, 8:30am-4:00pm)

Pursuant to BMC 19.40.140 Section 1401.4.1.A, y
ou have 10 calendar days
from the date of this Notice to request a hearing before the Berkeley City Council and to file objections to the amount owed. Failure to request an appeal within 10 days from the date of this Notice constitutes a waiver of your right to appeal the amount specified above.

Please be aware that this hearing does not provide you the opportunity to challenge t
he underlying basis for the fee-r
elated inspections. Rather, the City Council will
only determine the reasonableness of the fees or fines. To file a hearing request, submit your appeal to the City Clerk in writing, stating the reason why you believe the amount of the proposed lien is incorrect. Requests must be postmarked within 10 days of the date of this Notice and sent to the City Clerk’s office at 2180 Milvia Street, 1
st floor Berkeley, CA 94704.

If you wish to request additional time to pay due to financial hardship, please submit a detailed written statement, explaining why an extension should be granted and the length of time for which an extension is needed. Please include specific information on building rents, operating expenses, existing debt, projected rents on the building, your latest tax return and any other information needed to assess the request.

Hardship requests should be sent to Housing Code Enforcement at 1947 Center Street, 3
rd floor Berkeley, CA 94704.

If you fail to remit the total fees owed or submit for financial hardship within 30 days of this notice or to request a hearing within 10 days of the date of this notice, the City will notify the office of the County Recorder and direct it to place a special assessment lien on your property for the total lien amount set forth above. The amount of the lien may then be collected at the same time and in the same manner as property taxes are collected.

If you have any questions regarding the contents of this notice, please contact this office at (510) 981-5445 or by email at [email protected].

SENT CERTIFIED AND REGULAR MAIL

Planning & Development Department
Building & Safety Division – Housing Code Enforcement

RI

1947 Center Street, 3rd Floor - Berkeley, CA 94704 Tel: 510. 981.5445 TDD: 510.981.7474 Fax: 510. 981.7505 E-mail: [email protected] - Website: www.berkeleyca.gov

CC: Stanley Wright Trust; 1035 San Pablo Ste 12; Berkeley, CA 94706 Stanley Wright Trust, K & S Company Inc. Albany, CA 94706

From: McNulty, Jenny
To: [email protected]
Cc: RHSPBilling
Bcc: Klein, Jordan; Pearson, Alene
Subject: 1806 Walnut St. - RHSP Fines
Date: Tuesday, April 30, 2024 4:50:00 PM
Attachments: 2024-04-30 Revised Lien Letter - 1806 Walnut.pdf 1806 Walnut St Charges and Payments.xlsx
Importance: High
Dear Jonathan,

Thank you for your correspondence. In 2023, the Rental Housing Safety Program notified you that liens would be placed for 1806 Walnut St for unpaid inspection service fees for reinspections which took place in December 2022, and you submitted an appeal request. A hearing has not yet been scheduled before City Council for this appeal.

2023 Lien Notice 1806 Walnut St
Unit or Common
Area
Case Number Amount of Unpaid Fee
included in 2023 Lien
Letter
Administrative
Lien Fee
Total
#1 22-939 400 250 650
#A 22-943 400 250 650
Common 22-692 400 250 650

Additional fees were assessed for reinspections which occurred in February, March and May of 2023 that were not included in the 2023 lien notice. All fees were paid for the common area case (#22- 692).

Our team made an error when we generated lien notices for 1806 Walnut Street unit 1 and unit A in April 2024 and included the $400 for each of these units that you appealed last year. Consequently, we have revised our lien notices and mailed the attached updated notices to you today with the corrected amounts for unit 1 and unit A.

2024 Lien Notice 1806 Walnut St
Unit Case Number Amount of
Unpaid Fee
included in 2024
Lien Letter
Corrected
Amount
(removing what
was appealed in
2023)
Administrative
Lien Fee
Total
#1 22-939 2,220 1,820 250 2,070
#A 22-943 2,220 1,820 250 2,070
#10 22-942 1,260 No Change 250 1,510

You will have ten days from today to submit an appeal request to the City Clerk’s office, as explained in the letters. If you appeal, we will schedule the hearings for all of your appeals at the same City Council meeting, since they relate to the same cases. Staff will be in touch with you to notify you of

the date of the hearing.

I have attached the billing and payment information for inspection service fees at 1806 Walnut St.

Sincerely,

Jenny McNulty, Resilient Buildings Program Manager
Rental Housing Safety Program / Building & Safety Division Phone: (510) 981-7451
Email:
[email protected]

From: Jonathan Hicks <[email protected]>
Sent: Monday, April 22, 2024 11:05 AM
To: Klein, Jordan <[email protected]>; Bellow, LaTanya <[email protected]>; Pearson, Alene <[email protected]>; RHSPBilling <[email protected]> Cc: Harrison, Kate <[email protected]>; Peter Wright <[email protected]> Subject: Re: 1806 Walnut St. - RHSP Fines

Good Morning,

I am following up on the on-going appeal for the property 1806 Walnut St. for the fines ownership received last year based on a RHSP inspection. An appeal was filed for the fines and we have not received any response on the appeal to this date.

-Attached are notices we received where the city is threatening to put a lien on the property and we were under the impression that a decision was to be made on the appeal before ownership would be held responsible for the fines.

-Please review the appeal and give us an update on the matter ASAP.

Thanks for your time.

Jonathan Hicks
Property Manager
K&S Company Inc.
1035 San Pablo Ave. Suite #12
Albany, CA 94706
(p) 510-528-1900
http://www.kands.com/

CONFIDENTIALITY NOTICE: This e-mail message including attachments, if any, is intended only for the person(s) or entity(ies) to which it is addressed and may contain confidential and /or privileged material. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message.

SENT CERTIFIED AND REGULAR MAIL
Planning & Development Department
Building & Safety Division – Housing Code Enforcement
RI
1947 Center Street, 3rd Floor - Berkeley, CA 94704 Tel: 510. 981.5445 TDD: 510.981.7474 Fax: 510. 981.7505 E-mail: [email protected] - Website: www.berkeleyca.gov April 30, 2024
RI 58119-256161

WRIGHT, PETER & PHILIP
1580 HAWTHORNE TR
BERKELEY, CA 94708
RE: NOTICE OF PROPOSED LIEN AND HEARING RIGHTS
Dear Property Owner(s):

According to records on file with the City of Berkeley Finance Department, you are delinquent in providing payments for inspection service fees. These Housing Code Enforcement inspections were performed on your property after you were notified of housing code violations that needed correction and the schedule for reinspecting your property. Additionally, during the enforcement process, you were billed for each reinspection pursuant to the fee schedule adopted by the Berkeley City Council. (Resolution No. 68,940-N.S., May 28, 2019)
The subject rental property is identified as follows:

Property Address: 1806 WALNUT ST #1
Parcel Number: 057-2049-004
Case Number: 22-939
Customer Number: 58119-256161
As a result of your failure to remit payment, the City is hereby notifying you as well as any other owner of record of its intent to attach a special assessment lien against the above subject property. The total amount of delinquent and late payment fees owed is shown on the following page, along with. a $250 administrative lien fee which will be applied if the City of Berkeley files a lien to collect monies owed.

TOTAL FEES OWED $ 1820.00
Administrative Lien Fee: $ 250.00
TOTAL AMOUNT TO BE LIENED: $ 2070.00
(amount of lien if total fees owed are not paid prior to lien processing)
===========
Pursuant to BMC 19.40.140 Section 1401.4 , you are also hereby notified that you have 30 days from the date of this Notice to pay the total delinquent fines, costs and fees listed above to avoid issuance of a special assessment lien.

1806 WALNUT ST #1
April 30, 2024

Payment of the total amount owed is due upon receipt of this notice. Payment can be made in the following ways:
• Mail payment to Rental Housing Safety Program (1947 Center Street, 3rd floor; Berkeley, CA 94704)
• A drop box is available for in person check drop off Monday-Thursday from 8:30am-2:00pm at 1947 Center Street, 3rd Floor
Pursuant to BMC 19.40.140 Section 1401.4.1.A, you have 10 calendar days from the date of this Notice to request a hearing before the Berkeley City Council and to file objections to the amount owed. Failure to request an appeal within 10 days from the date of this Notice constitutes a waiver of your right to appeal the amount specified above.

Please be aware that this hearing does not provide you the opportunity to challenge the underlying basis for the fee-related inspections. Rather, the City Council will only determine the reasonableness of the fees or fines. To file a hearing request, submit your appeal to the City Clerk in writing, stating the reason why you believe the amount of the proposed lien is incorrect. Requests must be postmarked within 10 days of the date of this Notice and sent to the City Clerk’s office at 2180 Milvia Street, 1st floor Berkeley, CA 94704.

If you wish to request additional time to pay due to financial hardship, please submit a detailed written statement, explaining why an extension should be granted and the length of time for which an extension is needed. Please include specific information on building rents, operating expenses, existing debt, projected rents on the building, your latest tax return and any other information needed to assess the request. Hardship requests should be sent to Housing Code Enforcement at 1947 Center Street, 3rd floor Berkeley, CA 94704.

If you fail to either remit the total fees owed demanded above within 30 days of this notice or request a hearing within 10 days of the date of this notice, the City will notify the office of the County Recorder and direct it to place a special assessment lien on your property for the total lien amount set forth above. The amount of the lien may then be collected at the same time and in the same manner as property taxes are collected.

If you have any questions regarding the contents of this notice, please contact this office at (510) 981-5445 or by email at [email protected].

CC: Philip, Peter & Fionnua Wright; 1580 Hawthorne Ter, Berkeley, CA 94708 Stanley Wright Trust; 1035 San Pablo Avenue Ste 12; Berkeley, CA 94706 Stanley Wright Trust; K&S Company Inc, 1035 San Pablo Ave Ste 12, Albany, CA 94706

SENT CERTIFIED AND REGULAR MAIL
Planning & Development Department
Building & Safety Division – Housing Code Enforcement
RI
1947 Center Street, 3rd Floor - Berkeley, CA 94704 Tel: 510. 981.5445 TDD: 510.981.7474 Fax: 510. 981.7505 E-mail: [email protected] - Website: www.berkeleyca.gov April 30, 2024
RI 58119-256162

WRIGHT, PETER & PHILIP
1580 HAWTHORNE TR
BERKELEY, CA 94708
RE: NOTICE OF PROPOSED LIEN AND HEARING RIGHTS
Dear Property Owner(s):

According to records on file with the City of Berkeley Finance Department, you are delinquent in providing payments for inspection service fees. These Housing Code Enforcement inspections were performed on your property after you were notified of housing code violations that needed correction and the schedule for reinspecting your property. Additionally, during the enforcement process, you were billed for each reinspection pursuant to the fee schedule adopted by the Berkeley City Council. (Resolution No. 68,940-N.S., May 28, 2019)
The subject rental property is identified as follows:

Property Address: 1806 WALNUT ST #A
Parcel Number: 057-2049-004
Case Number: 22-943
Customer Number: 58119-256162
As a result of your failure to remit payment, the City is hereby notifying you as well as any other owner of record of its intent to attach a special assessment lien against the above subject property. The total amount of delinquent and late payment fees owed is shown on the following page, along with. a $250 administrative lien fee which will be applied if the City of Berkeley files a lien to collect monies owed.

TOTAL FEES OWED $ 1820.00
Administrative Lien Fee: $ 250.00
TOTAL AMOUNT TO BE LIENED: $ 2070.00
(amount of lien if total fees owed are not paid prior to lien processing)
===========
Pursuant to BMC 19.40.140 Section 1401.4 , you are also hereby notified that you have 30 days from the date of this Notice to pay the total delinquent fines, costs and fees listed above to avoid issuance of a special assessment lien.

1806 WALNUT ST #A
April 30, 2024

Payment of the total amount owed is due upon receipt of this notice. Payment can be made in the following ways:
• Mail payment to Rental Housing Safety Program (1947 Center Street, 3rd floor; Berkeley, CA 94704)
• A drop box is available for in person check drop off Monday-Thursday from 8:30am-2:00pm at 1947 Center Street, 3rd Floor
Pursuant to BMC 19.40.140 Section 1401.4.1.A, you have 10 calendar days from the date of this Notice to request a hearing before the Berkeley City Council and to file objections to the amount owed. Failure to request an appeal within 10 days from the date of this Notice constitutes a waiver of your right to appeal the amount specified above.

Please be aware that this hearing does not provide you the opportunity to challenge the underlying basis for the fee-related inspections. Rather, the City Council will only determine the reasonableness of the fees or fines. To file a hearing request, submit your appeal to the City Clerk in writing, stating the reason why you believe the amount of the proposed lien is incorrect. Requests must be postmarked within 10 days of the date of this Notice and sent to the City Clerk’s office at 2180 Milvia Street, 1st floor Berkeley, CA 94704.

If you wish to request additional time to pay due to financial hardship, please submit a detailed written statement, explaining why an extension should be granted and the length of time for which an extension is needed. Please include specific information on building rents, operating expenses, existing debt, projected rents on the building, your latest tax return and any other information needed to assess the request. Hardship requests should be sent to Housing Code Enforcement at 1947 Center Street, 3rd floor Berkeley, CA 94704.

If you fail to either remit the total fees owed demanded above within 30 days of this notice or request a hearing within 10 days of the date of this notice, the City will notify the office of the County Recorder and direct it to place a special assessment lien on your property for the total lien amount set forth above. The amount of the lien may then be collected at the same time and in the same manner as property taxes are collected.

If you have any questions regarding the contents of this notice, please contact this office at (510) 981-5445 or by email at [email protected].

CC: Philip, Peter & Fionnua Wright; 1580 Hawthorne Ter, Berkeley, CA 94708 Stanley Wright Trust; 1035 San Pablo Avenue Ste 12; Berkeley, CA 94706 Stanley Wright Trust; K&S Company Inc, 1035 San Pablo Ave Ste 12, Albany, CA 94706

SENT CERTIFIED AND REGULAR MAIL
Planning & Development Department
Building & Safety Division – Housing Code Enforcement
RI
1947 Center Street, 3rd Floor - Berkeley, CA 94704 Tel: 510. 981.5445 TDD: 510.981.7474 Fax: 510. 981.7505 E-mail: [email protected] - Website: www.berkeleyca.gov April 30, 2024
RI 58119-256161

WRIGHT, PETER & PHILIP
1580 HAWTHORNE TR
BERKELEY, CA 94708
RE: NOTICE OF PROPOSED LIEN AND HEARING RIGHTS
Dear Property Owner(s):

According to records on file with the City of Berkeley Finance Department, you are delinquent in providing payments for inspection service fees. These Housing Code Enforcement inspections were performed on your property after you were notified of housing code violations that needed correction and the schedule for reinspecting your property. Additionally, during the enforcement process, you were billed for each reinspection pursuant to the fee schedule adopted by the Berkeley City Council. (Resolution No. 68,940-N.S., May 28, 2019)
The subject rental property is identified as follows:

Property Address: 1806 WALNUT ST #1
Parcel Number: 057-2049-004
Case Number: 22-939
Customer Number: 58119-256161
As a result of your failure to remit payment, the City is hereby notifying you as well as any other owner of record of its intent to attach a special assessment lien against the above subject property. The total amount of delinquent and late payment fees owed is shown on the following page, along with. a $250 administrative lien fee which will be applied if the City of Berkeley files a lien to collect monies owed.

TOTAL FEES OWED $ 1820.00
Administrative Lien Fee: $ 250.00
TOTAL AMOUNT TO BE LIENED: $ 2070.00
(amount of lien if total fees owed are not paid prior to lien processing)
===========
Pursuant to BMC 19.40.140 Section 1401.4 , you are also hereby notified that you have 30 days from the date of this Notice to pay the total delinquent fines, costs and fees listed above to avoid issuance of a special assessment lien.

1806 WALNUT ST #1
April 30, 2024

Payment of the total amount owed is due upon receipt of this notice. Payment can be made in the following ways:
• Mail payment to Rental Housing Safety Program (1947 Center Street, 3rd floor; Berkeley, CA 94704)
• A drop box is available for in person check drop off Monday-Thursday from 8:30am-2:00pm at 1947 Center Street, 3rd Floor
Pursuant to BMC 19.40.140 Section 1401.4.1.A, you have 10 calendar days from the date of this Notice to request a hearing before the Berkeley City Council and to file objections to the amount owed. Failure to request an appeal within 10 days from the date of this Notice constitutes a waiver of your right to appeal the amount specified above.

Please be aware that this hearing does not provide you the opportunity to challenge the underlying basis for the fee-related inspections. Rather, the City Council will only determine the reasonableness of the fees or fines. To file a hearing request, submit your appeal to the City Clerk in writing, stating the reason why you believe the amount of the proposed lien is incorrect. Requests must be postmarked within 10 days of the date of this Notice and sent to the City Clerk’s office at 2180 Milvia Street, 1st floor Berkeley, CA 94704.

If you wish to request additional time to pay due to financial hardship, please submit a detailed written statement, explaining why an extension should be granted and the length of time for which an extension is needed. Please include specific information on building rents, operating expenses, existing debt, projected rents on the building, your latest tax return and any other information needed to assess the request. Hardship requests should be sent to Housing Code Enforcement at 1947 Center Street, 3rd floor Berkeley, CA 94704.

If you fail to either remit the total fees owed demanded above within 30 days of this notice or request a hearing within 10 days of the date of this notice, the City will notify the office of the County Recorder and direct it to place a special assessment lien on your property for the total lien amount set forth above. The amount of the lien may then be collected at the same time and in the same manner as property taxes are collected.

If you have any questions regarding the contents of this notice, please contact this office at (510) 981-5445 or by email at [email protected].

CC: Philip, Peter & Fionnua Wright; 1580 Hawthorne Ter, Berkeley, CA 94708 Stanley Wright Trust; 1035 San Pablo Avenue Ste 12; Berkeley, CA 94706 Stanley Wright Trust; K&S Company Inc, 1035 San Pablo Ave Ste 12, Albany, CA 94706

Date Content Status Action By Type Comments Include in
PRA?
10/06/2022 Intent Letter Completed Martha Ramos Activity Notice of Intent to Inspect letter dated 8/18/22 can be
found in common case
#H2022-00692.

Y
10/06/2022 Initial Action N/A Martha Ramos Workflow History Code Enforcement 10/13/2022 Initial Inspection Complete Jay Marlette Inspection Tenant present. Property manager present.

Violations found.
10/18/2022 Supervisor Approved Violations Completed Angel Sindayen Activity Y 10/19/2022 Investigation RHSP Notice of
Investigation
Martha Ramos Workflow History Code Enforcement
10/19/2022 Notice of Initial Inspection Results 10-
19-22.pdf
Uploaded Martha Ramos Document application/pdf
12/07/2022 Verify RealQuest Completed Andre Kidd Activity No change. Y 12/12/2022 Re-inspection Complete with $400 fee Jay Marlette Inspection No entry. Left door tag.

Scheduled next
reinspection.
12/20/2022 Transfer Case - New inspector Completed Angel Sindayen Activity Transfer to Inspector Fidler.Y 12/21/2022 Enforcement Notice of Violation - 2ndMartha Ramos Workflow History Code Enforcement 12/21/2022 Office Review Complete Sloan Fidler Inspection Inspector Fidler accepts transfer of this case from
Inspector Marlette. Next
reinspection scheduled for
2-8-23 PM.
12/21/2022 Second Notice of Violation 12-21-

22.pdf
Uploaded Martha Ramos Document application/pdf
02/07/2023 Verify RealQuest Completed Andre Kidd Activity No change. Y 02/08/2023 Re-inspection Complete with $600 fee Sloan Fidler Inspection Tenant and owner contact absent. Left door tag.
02/09/2023 Enforcement Notice of Violation Bounthip FuentecillaWorkflow History Code Enforcement 02/09/2023 Notice of Violation 2-09-23.pdf Uploaded Bounthip FuentecillaDocument application/pdf 03/06/2023 Verify RealQuest Completed Andre Kidd Activity No change. Y 03/13/2023 CASE CLOSURE Completed Sloan Fidler Activity Tenant and owner contact present. All violations
corrected. Close case.

Y
Log Notes for H2022-00943

03/13/2023 Re-inspection Complete with $800 fee Sloan Fidler Inspection Tenant and owner contact present. All violations
corrected. Close case.
03/21/2023 Enforcement RHSP Certificate of
Compliance
Martha Ramos Workflow History Code Enforcement
03/21/2023 Resolution Compliance Martha Ramos Workflow History Code Enforcement 03/21/2023 Certificate of Closure-Compliance 03-
21-23.pdf
Uploaded Martha Ramos Document application/pdf
04/04/2023 Mail Return Completed Georgina Madrigal Activity Tenant mail return received 04/04/23
Y
04/21/2023 Mail return Received 04-04-23.pdf Uploaded Georgina Madrigal Document application/pdf

1947 Center Street, 3rd floor, Berkeley, CA 94704 Tel: 510.981.5444 TDD: 510.981.7474 Fax: 510. 981.7505 E-mail: [email protected] - http://www.cityofberkeley.info/housingcodeenforcement

Planning & Development Department
Building & Safety Division
Housing Code Enforcement

August 18, 2022

Notice of Intent to Inspect
APN: 057 204900400
Case #: H2022-00692

PHILIP & PETER WRIGHT

FIONNUA WRIGHT
1580 HAWTHORNE TER
BERKELEY, CA 94708

Subject:

1806 WALNUT St #1, #5, #7, #10 & A
1806 WALNUT St COMMON
Berkeley, California

Dear Owner(s):

The above-referenced property has been scheduled for an inspection as part of the City of Berkeley's Rental Housing Safety Program (RHSP). The Program's purpose is to ensure that Berkeley's rental housing stock is safe and habitable. The RHSP inspection also provides a service to the property owner by identifying other items the owner should be aware of to avoid further deterioration, which might result in code violations and reduction in the value of the building. The RHSP program is part of a City effort to help improve rental housing throughout the City. The cooperation of both owner(s) and tenant(s) is crucial in achieving these goals.

The inspection schedule for this property has been set as follows:

Inspector:

Jay Marlette

Date:

Thursday, October 13, 2022

Time Window:

AM = 9:00 am - 12:00 noon

X

PM = 12:30 pm - 4:00 pm

The inspector will arrive to conduct the scheduled inspection during the time window. The inspector’s actual arrival time will be determined by their daily schedule. You may contact the inspector before 9:00am the day of the inspection for a narrower time window.

Owner responsibilities and information include the following:

•

You must provide the inspector access to all interior, exterior, and common areas of the building.

You need not be present during the inspection, however, your presence would be desirable to ensure access for a thorough inspection of the property.

•

If code violations are identified you must obtain all necessary permits and make all repairs needed to bring your property into code compliance within the timeframes established by the City (usually 30 days from date of notice).

•

You must pay appropriate inspection service fees per Resolution 68,940-N.S. Enclosed is the fee

Notice of Intent to Inspect
August 18, 2022

1947 Center Street, 3rd floor, Berkeley, CA 94704 Tel: 510.981.5444 TDD: 510.981.7474 Fax: 510. 981.7505 E-mail: [email protected] - http://www.cityofberkeley.info/housingcodeenforcement

schedule for all inspections conducted by the Rental Housing Safety Program staff. A fee will be charged for each reinspection if repairs are not made by the scheduled reinspection date.

•

Upon the Housing Inspector's arrival at the property, property owners are required to produce a copy of the completed Rental Housing Safety Program (RHSP) Self-Certification Safety Checklist (Schedule A) form for the unit or room identified above. Failure to do so may result in the issuance of an Administrative citation to the property owner for non compliance with Berkeley Municipal Code 12.48. Administrative Citations carry a minimum fine of $200 per unit or room. Therefore it is strongly recommended the property owner be present for the inspection.

Tenant responsibilities and information include the following:

•

It is not mandatory that tenants be present during the scheduled inspection. However, tenants are encouraged to be present in order to ensure that their units are included in the property inspection and meet minimum Berkeley Housing Code requirements.

•

If code violations are identified, tenants will be required to allow the owner access to make the necessary repairs. The owner is required to undertake any repairs during normal business hours.

If necessary, the tenant can make arrangements with the owners for the times and days which may be mutually convenient.

Inspection process:

1. An inspection will be made of common areas and unit interiors.

2. The inspection results will be mailed to the owner with a copy to the tenant, which include any code violations and the next scheduled reinspection date.

3. The owner obtains necessary permits and makes arrangements for repairs with the tenant.

4. A reinspection is performed. If all repairs are made correctly, violations are cleared and the case is closed with the unit receiving a Certificate of Compliance exempting it from having to complete the RHSP Self-certification Safety Checklist (Schedule A) form for three years. If all repairs are not corrected, the owner is notified of remaining deficiencies and another reinspection is scheduled.

How long the process takes varies according to the type of repairs needed and how quickly the owner can find a contractor to do the work. The process requires the timely coordination and cooperation of all parties involved. Owners, tenants, neighbors and community all benefit from the identification and correction of code violations.

If you have questions regarding the inspection, please contact the Housing Inspector at (510) 981-5444.

Enclosure(s)

cc:

TENANT
STANLEY WRIGHT TRUST, 1035 SAN PABLO AVE STE 12, BERKELEY, CA 94706-2277

Note:

As a cost-saving measure, many City offices and services will be closed on the 2nd Friday of the month. For a full list of holiday and reduced services days please visit the City’s web site at www.cityofberkeley.info.

1947 Center Street, 3rd floor, Berkeley, CA 94704 Tel: 510. 981.5444 TDD: 510.981.7474 Fax: 510.981.7505 E-mail: [email protected] - http://www.cityofberkeley.info/housingcodeenforcement

Planning & Development Department
Building & Safety Division
Housing Code Enforcement

October 19, 2022

First Notice of Violation
Initial Inspection Results
APN: 057 204900400
Case #: H2022-00943

PHILIP & PETER WRIGHT

FIONNUA WRIGHT
1580 HAWTHORNE TER
BERKELEY, CA 94708

Subject:

NOTICE OF VIOLATION PURSUANT TO THE RENTAL HOUSING SAFETY PROGRAM (RHSP); BMC12.48; BUILDING AT 1806 WALNUT St #A, BERKELEY,

CALIFORNIA

Dear Owner(s):

The above subject property was inspected on October 13, 2022 as part of the City of Berkeley's Rental Housing Safety Program (RHSP) to determine compliance with the Uniform Housing Code as adopted by the City of Berkeley (BMC Chapter 19.40). Attached to this letter is a list of the violations that were identified during this inspection.

To determine compliance with this Notice of Violation, a reinspection has been scheduled. At the time of the reinspection we expect to have access into the building and where applicable, the unit.

Date:

Monday, December 12, 2022

Time Window:

AM = 9:00 am - 12:00 noon

PM = 12:30 pm - 4:00 pm

X

The inspector will arrive to conduct the scheduled inspection during the time window. The inspector’s actual arrival time will be determined by their daily schedule. You may contact the inspector before 9:00am the day of the inspection for a narrower time window.

Please note: This letter is not a substitute for the requirements set forth in California Civil Code

19.54 for entering the unit and you are still required to provide your tenant proper notification.

Be advised that if all defects have been corrected, there will be no fee for the reinspection and you will be given a Certificate of Compliance. If you receive a Certificate of Compliance you will then be exempt from the City’s Annual Safety Self-Certification (Schedule A) requirement for a three-year period.

First Notice of Violation
Initial Inspection Results
October 19, 2022

1947 Center Street, 3rd floor, Berkeley, CA 94704 Tel: 510. 981.5444 TDD: 510.981.7474 Fax: 510.981.7505 E-mail: [email protected] - http://www.cityofberkeley.info/housingcodeenforcement

If all defects have not been corrected by the time of the reinspection, the City of Berkeley Housing Code allows for subsequent reinspections until all repairs have been corrected and verified. You will be charged in accordance with the enclosed fee schedule for the reinspections. If you do not complete the repairs required, you may be subject to a Notice of Violation filed with the county, and ultimately served with a citation, which can result in the imposition of fines. Therefore, it is in your best interest to obtain any necessary permits and complete the repairs within this grace period.

Permits can be obtained at:

Permit Service Center
1947 Center Street, 3rd floor
Berkeley, CA 94704
Phone: (510) 981-7500
www.cityofberkeley.info/permitservicecenter

If either you or the applicable tenant(s) wish to request an informal review by the Building Official of the determination as set forth in chapter 12.48.080 of the Berkeley Municipal Code, please contact our office. Failure to request an informal review within ten (10) days of the date of issuance of this notice shall constitute a waiver of any objection to said determination and the order shall therefore be final and binding.

If you have any questions concerning this Notice of Violation, please contact me at (510) 981-5444.

Sincerely,

Jay Marlette
Housing Inspector

Enclosure(s)

cc:

Tenant

STANLEY WRIGHT TRUST, 1035 SAN PABLO AVE STE 12, BERKELEY, CA 94706- 2277

Note:

As a cost-saving measure, many City offices and services will be closed on the 2nd Friday of the month. For a full list of holiday and reduced services days please visit the City’s web site at www.cityofberkeley.info.

Of the original 5 violations, 0 have been cleared.

The remaining violations are:

1. Kitchen [Shut off valve], Sink, Damaged
The kitchen sink's shut off valve handle is missing. To correct, repair or replace plumbing component. If replacement of the sink assembly is required, the owner or his/her representative is required to obtain a plumbing permit and a final approval from a building inspector. BMC 19.40, SEC. 505.4

2. Bedroom, Alarm - Smoke, Missing
The smoke alarm in the bedroom is missing. To correct, follow manufacturers installation manual and ensure operating smoke alarms are installed in required locations: in each sleeping room, outside each separate sleeping area in the immediate vicinity of the bedroom, on every occupiable level of the dwelling including basement. BMC 19.28, SEC. 907.2.11.2 & BMC 19.29, SEC. R314.3

3. Hallway, Alarm - Carbon Monoxide, Missing
The carbon monoxide alarm is missing. To correct, follow manufacturers installation manual and ensure operating carbon monoxide alarms are installed in required locations: outside of each separate sleeping area in the immediate vicinity of the bedrooms, on every occupiable level of a dwelling unit, including basements and where a fuel-burning appliance is located within a bedroom or its attached bathroom, a carbon monoxide alarm shall be installed within the bedroom. BMC 19.28, SEC. 420.6 & BMC 19.29, SEC. R315.2

4. Hallway, Alarm - Smoke, Missing
The smoke alarm in the hallway is missing. To correct, follow manufacturers installation manual and ensure operating smoke alarms are installed in required locations: in each sleeping room, outside each separate sleeping area in the immediate vicinity of the bedroom, on every occupiable level of the dwelling including basement. BMC 19.28, SEC. 907.2.11.2 & BMC 19.29, SEC. R314.3

5. Bedroom [Not resetting], Electrical GFCI Receptacle, Damaged The bedroom GFCI receptacle(s) is damaged. To correct, repair or replace the receptacle(s) with a GFCI receptacle(s) or install GFCI protection devices and ensure proper operation.

NOTE: If rough electrical work is necessary to make the repair, the owner or his/her representative is required to obtain an electrical permit and a final approval from a building inspector. BMC 19.30, SEC. 210.8 & BMC 19.40, SEC. 701.2 Case Details
Date:

Case Number:

Subject:

H2022-00943
1806 WALNUT St A
10/19/2022

CITY OF BERKELEY
Housing Code Enforcement
1947 Center Street, 3rd floor
Berkeley, CA  94704
(510) 981-5444

1947 Center Street, 3rd floor, Berkeley, CA 94704 Tel: 510. 981.5444 TDD: 510.981.7474 Fax: 510. 981.7505 E-mail: [email protected] - http://www.cityofberkeley.info/housingcodeenforcement

Planning & Development Department
Building & Safety Division
Housing Code Enforcement

December 21, 2022

Second Notice of Violation
APN: 057 204900400
Case #: H2022-00943

PHILIP & PETER WRIGHT

FIONNUA WRIGHT
1580 HAWTHORNE TER
BERKELEY, CA 94708

Subject:

1806 WALNUT St #A
Berkeley, California

Dear Owner:

The City of Berkeley informed you in writing that the subject property was found to be in violation of the Berkeley Housing Code (BMC Section 19.40). At the time of the reinspection/office review conducted on December 12, 2022, you had not corrected all the conditions required to close your case. The remaining violations are identified on the enclosed list and a reinspection has been scheduled for:

Date:

Wednesday, February 08, 2023

Time Window:

AM = 9:00 am - 12:00 noon

PM = 12:30 pm - 4:00 pm

X

The inspector will arrive to conduct the scheduled inspection during the time window. The inspector’s actual arrival time will be determined by their daily schedule. You may contact the inspector before 9:00am the day of the inspection for a narrower time window.

It is the owner's responsibility to obtain the tenant's approval for entry on the scheduled date of the reinspection. You will be charged an inspection fee if the inspector cannot gain entry or if violations are not corrected at the time of the scheduled inspection.

Please note: This letter is not a substitute for the requirements set forth in California Civil Code

19.54 for entering the unit and you are still required to provide your tenant proper notification.

As the owner of the property, you are liable for all inspection service fees charged. You will continue to incur additional inspection service fees including the final reinspection, which closes this case. All fees charged while the building and/or unit(s) remain in noncompliance are the responsibility of the owner and remain as assessments until the fees have been paid. The City may use any and all actions at its disposal to collect these fees, which may include a civil suit, a Notice of Violation filed with the county and delinquent fees placed on your property tax bill.

Second Notice of Violation
December 21, 2022

1947 Center Street, 3rd floor, Berkeley, CA 94704 Tel: 510. 981.5444 TDD: 510.981.7474 Fax: 510. 981.7505 E-mail: [email protected] - http://www.cityofberkeley.info/housingcodeenforcement

Please be further advised that the Rent Stabilization Board has requested a copy of this notice sent by our office. Berkeley tenants who are covered by the Rent Stabilization Ordinance may petition the Rent Stabilization Board for rent reductions if the property owner(s) fails to correct violations.

The Rent Stabilization Board will be similarly notified with a copy of the Notice of Compliance as soon as all repairs are made and verified.

If you have any questions regarding this Notice of Violation, please contact me at (510) 981-5444.

Sincerely,

Sloan Fidler
Housing Inspector

Enclosure(s)

cc:

TENANT

CITY OF BERKELEY RENT STABILIZATION BOARD

STANLEY WRIGHT TRUST; 1035 SAN PABLO AVE STE 12; ; BERKELEY, CA 94706-2277

Note:

As a cost-saving measure, many City offices and services will be closed on the 2nd Friday of the month. For a full list of holiday and reduced services days please visit the City’s web site at www.cityofberkeley.info.

Case Details
Date:

Case Number:

Subject:

H2022-00943
1806 WALNUT St A
12/21/2022

CITY OF BERKELEY
Housing Code Enforcement
1947 Center Street, 3rd floor
Berkeley, CA 94704
(510) 981-5444
Of the original 5 violations, 0 have been cleared.

The remaining violations are:

1. Kitchen [Shut off valve], Sink, Damaged
The kitchen sink's shut off valve handle is missing. To correct, repair or replace plumbing component. If replacement of the sink assembly is required, the owner or his/her representative is required to obtain a plumbing permit and a final approval from a building inspector. BMC 19.40, SEC. 505.4

2. Bedroom, Alarm - Smoke, Missing
The smoke alarm in the bedroom is missing. To correct, follow manufacturers installation manual and ensure operating smoke alarms are installed in required locations: in each sleeping room, outside each separate sleeping area in the immediate vicinity of the bedroom, on every occupiable level of the dwelling including basement. BMC 19.28, SEC. 907.2.11.2 & BMC 19.29, SEC. R314.3

3. Hallway, Alarm - Carbon Monoxide, Missing
The carbon monoxide alarm is missing. To correct, follow manufacturers installation manual and ensure operating carbon monoxide alarms are installed in required locations: outside of each separate sleeping area in the immediate vicinity of the bedrooms, on every occupiable level of a dwelling unit, including basements and where a fuel-burning appliance is located within a bedroom or its attached bathroom, a carbon monoxide alarm shall be installed within the bedroom. BMC 19.28, SEC. 420.6 & BMC 19.29, SEC. R315.2

4. Hallway, Alarm - Smoke, Missing
The smoke alarm in the hallway is missing. To correct, follow manufacturers installation manual and ensure operating smoke alarms are installed in required locations: in each sleeping room, outside each separate sleeping area in the immediate vicinity of the bedroom, on every occupiable level of the dwelling including basement. BMC 19.28, SEC. 907.2.11.2 & BMC 19.29, SEC. R314.3

5. Bedroom [Not resetting], Electrical GFCI Receptacle, Damaged The bedroom GFCI receptacle(s) is damaged. To correct, repair or replace the receptacle(s) with a GFCI receptacle(s) or install GFCI protection devices and ensure proper operation.

NOTE: If rough electrical work is necessary to make the repair, the owner or his/her representative is required to obtain an electrical permit and a final approval from a building inspector. BMC 19.30, SEC. 210.8 & BMC 19.40, SEC. 701.2

1947 Center Street, 3rd floor, Berkeley, CA 94704 Tel: 510. 981.5444 TDD: 510.981.7474 Fax: 510. 981.7505 E-mail: [email protected] - http://www.cityofberkeley.info/housingcodeenforcement

Planning & Development Department
Building & Safety Division
Housing Code Enforcement

February 9, 2023

Notice of Violation
APN: 057 204900400
Case #: H2022-00943

PHILIP & PETER WRIGHT

FIONNUA WRIGHT
1580 HAWTHORNE TER
BERKELEY, CA 94708

Subject:

1806 WALNUT St A
Berkeley, California

Dear Owner:

You were informed in writing that the subject property was found to be in violation of the Berkeley Housing Code (BMC Chapter 19.40). At the time of the reinspection/office review conducted on February 8, 2023, you had not corrected all the conditions required to close your case. The remaining violations are identified on the enclosed list and a reinspection has been scheduled for:

Date:

Monday, March 13, 2023

Time Window:

AM = 9:00 am - 12:00 noon

PM = 12:30 pm - 4:00 pm

X

The inspector will arrive to conduct the scheduled inspection during the time window. The inspector’s actual arrival time will be determined by their daily schedule. You may contact the inspector before 9:00am the day of the inspection for a narrower time window.

It is the owner's responsibility to obtain the tenant's approval for entry on the scheduled date of the reinspection. You will be charged an inspection fee if the inspector cann ot gain entry or if violations
are not corrected at the time of the scheduled inspection.

Please note: This letter is not a substitute for the requirements set forth in California Civil Code

19.54 for entering the unit and you are still required to provide your tenant proper notification.

Notice of Violation
February 9, 2023

1947 Center Street, 3rd floor, Berkeley, CA 94704 Tel: 510. 981.5444 TDD: 510.981.7474 Fax: 510. 981.7505 E-mail: [email protected] - http://www.cityofberkeley.info/housingcodeenforcement

As the owner of the property, you are liable for all inspection service fees charged. You will continue to incur additional inspection service fees including the final reinspection, which closes this case. All fees charged while the building and/or unit(s) remain in noncompliance are the responsibility of the owner and remain as assessments until the fees have been paid. The City may use any and all actions at its disposal to collect these fees, which may include the placement of a special assessment lien on your property that may be collected at the same time and in the same manner as property taxes are collected.

If you have any questions regarding this Notice of Violation, please contact me at (510) 981-5444.

Sincerely,

Sloan Fidler
Housing Inspector

Enclosure(s)

TENANT

cc:

STANLEY WRIGHT TRUST, 1035 SAN PABLO AVE STE 12, BERKELEY, CA 94706- 2277

Note:

As a cost-saving measure, many City offices and services will be closed on the 2nd Friday of the month. For a full list of holiday and reduced services days please visit the City’s web site at www.cityofberkeley.info.

1947 Center Street, 3rd floor, Berkeley, CA 94704 Tel: 510. 981.5444 TDD: 510.981.7474 Fax: 510.981.7505 E-mail: [email protected] - http://www.cityofberkeley.info/housingcodeenforcement

Planning & Development Department
Building & Safety Division
Housing Code Enforcement

March 21, 2023

Certificate of Closure/Compliance
APN: 057 204900400
Case #: H2022-00943

PHILIP & PETER WRIGHT

FIONNUA WRIGHT
1580 HAWTHORNE TER
BERKELEY, CA 94708

Subject:

1806 WALNUT St A
Berkeley, California

Dear Owner(s):

The above-referenced property was inspected on March 13, 2023 as part of the City of Berkeley's Rental Housing Safety Program (RHSP) and in accordance with housing code requirements.

Based upon this inspection:

Certificate of Compliance: No housing code violations or deficiencies were observed. As a result, this letter serves as the requisite Certificate of Compliance under the RHSP.

Certificate of Compliance: RHSP staff has determined that each of the housing code violations noted in a previous inspection of the subject property has been corrected. As a result, this letter serves as the requisite Certificate of Compliance under the RHSP. (You are encouraged to monitor the property periodically and to perform preventive maintenance as needed.)

X

Notice of Closure: The City was unable to gain authorized access to the above referenced unit to conduct an inspection. No further action is planned with regard to the City attempting to inspect this rental unit, however should the tenant wish to request an inspection of the unit, they may do so by submitting a Request for Service form to our office. This form may be obtained either by coming into our office, it can be mailed or it may be submitted electronically through the City’s website.

Certificate of Closure/Compliance
March 21, 2023

1947 Center Street, 3rd floor, Berkeley, CA 94704 Tel: 510. 981.5444 TDD: 510.981.7474 Fax: 510.981.7505 E-mail: [email protected] - http://www.cityofberkeley.info/housingcodeenforcement

RHSP staff has determined that there may be noncompliance of safety code requirements that are not under the purview of the Planning and Development Department’s Housing Code Enforcement Section. Consequently, you are advised that the matter has been referred to the City Department checked below:

Fire -- 981-5585

Public Works -- 981-6300

Building & Safety -- 981-7440

Health -- 981-5310

Zoning -- 981-7410

Code Enforcement Unit -- 981-2489

There is no charge for either the initial City housing inspection or for a first reinspection where all code violations cited have been cleared. However, there will be a charge for reinspections when violations remain (pursuant to Resolution No. 68,940-N.S.). As the owner of the subject property and despite the issuance of this Certificate of Compliance, you remain liable for all outstanding inspection fees charged and not yet paid. The City may use any and all actions at its disposal to collect these fees, which may include the placement of a special assessment lien on your property that may be collected at the same time and in the same manner as property taxes are collected.

Furthermore, you remain responsible for resolving all other outstanding issues that might be pending which are under the jurisdiction of another City Department or program.

If either you or the applicable tenant(s) wish to appeal the determination as set forth in chapter

19.44 of the Berkeley Municipal Code, please feel free to contact our office. Failure to file the referenced appeal within 30 days of this notice shall constitute a waiver of any objection to said determination and of the right to an administrative hearing and adjudication, and the order shall therefore be final and binding.

If you have any questions regarding this Certificate of Compliance or require further follow up, you can reach me, Monday - Friday, 8:00 am – 9:00 am at (510) 981 5444.

Sincerely,

Sloan Fidler
Housing Inspector

cc:

TENANT

CITY OF BERKELEY RENT STABILIZATION BOARD
STANLEY WRIGHT TRUST, 1035 SAN PABLO AVE STE 12, ALBANY, CA 94706-2277 STANLEY WRIGHT TRUST, 1035 SAN PABLO AVE STE 12, BERKELEY, CA 94706- 2277

Note:

As a cost-saving measure, many City offices and services will be closed on the 2nd Friday of the month. For a full list of holiday and reduced services days please visit the City’s web site at www.cityofberkeley.info.

Date Content Status Action By Type Comments Include in
PRA?
10/06/2022 Intent Letter Completed Martha Ramos Activity Notice of Intent to Inspect letter dated 8/18/22 can be
found in common case
#H2022-00692.

Y
10/06/2022 Initial Action N/A Martha Ramos Workflow History Code Enforcement 10/13/2022 Initial Inspection Complete Jay Marlette Inspection Tenant present. Property manager present.

Violations found.
10/18/2022 Supervisor Approved Violations Completed Angel Sindayen Activity Y 10/19/2022 Investigation RHSP Notice of
Investigation
Martha Ramos Workflow History Code Enforcement
10/19/2022 Notice of Initial Inspection Results 10-
19-22.pdf
Uploaded Martha Ramos Document application/pdf
12/07/2022 Verify RealQuest Completed Andre Kidd Activity No change. Y 12/12/2022 Re-inspection Complete No Fee Jay Marlette Inspection Tenant called and requested the inspection be
rescheduled. Scheduled
next reinspection.
12/20/2022 Transfer Case - New inspector Completed Angel Sindayen Activity Transfer to Inspector Fidler.Y 12/21/2022 Enforcement Notice of Violation - 2ndMartha Ramos Workflow History Code Enforcement 12/21/2022 Enforcement Notice of Violation - 2ndMartha Ramos Workflow History Code Enforcement 12/21/2022 Office Review Complete Sloan Fidler Inspection Inspector Fidler accepts transfer of this case from
Inspector Marlette. Next
reinspection scheduled for
2-8-23 PM.
12/21/2022 Second Notice of Violation 12-21-

22.pdf
Uploaded Martha Ramos Document application/pdf
02/07/2023 Verify RealQuest Completed Andre Kidd Activity No change. Y 02/08/2023 Re-inspection Complete with $400 fee Sloan Fidler Inspection Tenant and owner contact absent. Left door tag.
02/08/2023 20230208130240000.jpg Uploaded Sloan Fidler Document image/jpeg 02/09/2023 Enforcement Notice of Violation - 2ndBounthip FuentecillaWorkflow History Code Enforcement 02/09/2023 Second Notice of Violation 2-09-

23.pdf
Uploaded Bounthip FuentecillaDocument application/pdf
Log Notes for H2022-00942

03/06/2023 Verify RealQuest Completed Andre Kidd Activity No change. Y 03/13/2023 CASE CLOSURE Completed Sloan Fidler Activity Tenant absent. Owner contact present. All
violations corrected. Close
case.

Y
03/13/2023 Re-inspection Complete with $600 fee Sloan Fidler Inspection Tenant absent. Owner contact present. All
violations corrected. Close
case.
03/15/2023 Enforcement RHSP Certificate of
Compliance
Martha Ramos Workflow History Code Enforcement
03/15/2023 Resolution Compliance Martha Ramos Workflow History Code Enforcement 03/15/2023 Certificate of Closure-Compliance 03-
15-23.pdf
Uploaded Martha Ramos Document application/pdf

1947 Center Street, 3rd floor, Berkeley, CA 94704 Tel: 510.981.5444 TDD: 510.981.7474 Fax: 510. 981.7505 E-mail: [email protected] - http://www.cityofberkeley.info/housingcodeenforcement

Planning & Development Department
Building & Safety Division
Housing Code Enforcement

August 18, 2022

Notice of Intent to Inspect
APN: 057 204900400
Case #: H2022-00692

PHILIP & PETER WRIGHT

FIONNUA WRIGHT
1580 HAWTHORNE TER
BERKELEY, CA 94708

Subject:

1806 WALNUT St #1, #5, #7, #10 & A
1806 WALNUT St COMMON
Berkeley, California

Dear Owner(s):

The above-referenced property has been scheduled for an inspection as part of the City of Berkeley's Rental Housing Safety Program (RHSP). The Program's purpose is to ensure that Berkeley's rental housing stock is safe and habitable. The RHSP inspection also provides a service to the property owner by identifying other items the owner should be aware of to avoid further deterioration, which might result in code violations and reduction in the value of the building. The RHSP program is part of a City effort to help improve rental housing throughout the City. The cooperation of both owner(s) and tenant(s) is crucial in achieving these goals.

The inspection schedule for this property has been set as follows:

Inspector:

Jay Marlette

Date:

Thursday, October 13, 2022

Time Window:

AM = 9:00 am - 12:00 noon

X

PM = 12:30 pm - 4:00 pm

The inspector will arrive to conduct the scheduled inspection during the time window. The inspector’s actual arrival time will be determined by their daily schedule. You may contact the inspector before 9:00am the day of the inspection for a narrower time window.

Owner responsibilities and information include the following:

•

You must provide the inspector access to all interior, exterior, and common areas of the building.

You need not be present during the inspection, however, your presence would be desirable to ensure access for a thorough inspection of the property.

•

If code violations are identified you must obtain all necessary permits and make all repairs needed to bring your property into code compliance within the timeframes established by the City (usually 30 days from date of notice).

•

You must pay appropriate inspection service fees per Resolution 68,940-N.S. Enclosed is the fee

Notice of Intent to Inspect
August 18, 2022

1947 Center Street, 3rd floor, Berkeley, CA 94704 Tel: 510.981.5444 TDD: 510.981.7474 Fax: 510. 981.7505 E-mail: [email protected] - http://www.cityofberkeley.info/housingcodeenforcement

schedule for all inspections conducted by the Rental Housing Safety Program staff. A fee will be charged for each reinspection if repairs are not made by the scheduled reinspection date.

•

Upon the Housing Inspector's arrival at the property, property owners are required to produce a copy of the completed Rental Housing Safety Program (RHSP) Self-Certification Safety Checklist (Schedule A) form for the unit or room identified above. Failure to do so may result in the issuance of an Administrative citation to the property owner for non compliance with Berkeley Municipal Code 12.48. Administrative Citations carry a minimum fine of $200 per unit or room. Therefore it is strongly recommended the property owner be present for the inspection.

Tenant responsibilities and information include the following:

•

It is not mandatory that tenants be present during the scheduled inspection. However, tenants are encouraged to be present in order to ensure that their units are included in the property inspection and meet minimum Berkeley Housing Code requirements.

•

If code violations are identified, tenants will be required to allow the owner access to make the necessary repairs. The owner is required to undertake any repairs during normal business hours.

If necessary, the tenant can make arrangements with the owners for the times and days which may be mutually convenient.

Inspection process:

1. An inspection will be made of common areas and unit interiors.

2. The inspection results will be mailed to the owner with a copy to the tenant, which include any code violations and the next scheduled reinspection date.

3. The owner obtains necessary permits and makes arrangements for repairs with the tenant.

4. A reinspection is performed. If all repairs are made correctly, violations are cleared and the case is closed with the unit receiving a Certificate of Compliance exempting it from having to complete the RHSP Self-certification Safety Checklist (Schedule A) form for three years. If all repairs are not corrected, the owner is notified of remaining deficiencies and another reinspection is scheduled.

How long the process takes varies according to the type of repairs needed and how quickly the owner can find a contractor to do the work. The process requires the timely coordination and cooperation of all parties involved. Owners, tenants, neighbors and community all benefit from the identification and correction of code violations.

If you have questions regarding the inspection, please contact the Housing Inspector at (510) 981-5444.

Enclosure(s)

cc:

TENANT
STANLEY WRIGHT TRUST, 1035 SAN PABLO AVE STE 12, BERKELEY, CA 94706-2277

Note:

As a cost-saving measure, many City offices and services will be closed on the 2nd Friday of the month. For a full list of holiday and reduced services days please visit the City’s web site at www.cityofberkeley.info.

1947 Center Street, 3rd floor, Berkeley, CA 94704 Tel: 510. 981.5444 TDD: 510.981.7474 Fax: 510.981.7505 E-mail: [email protected] - http://www.cityofberkeley.info/housingcodeenforcement

Planning & Development Department
Building & Safety Division
Housing Code Enforcement

October 19, 2022

First Notice of Violation
Initial Inspection Results
APN: 057 204900400
Case #: H2022-00942

PHILIP & PETER WRIGHT

FIONNUA WRIGHT
1580 HAWTHORNE TER
BERKELEY, CA 94708

Subject:

NOTICE OF VIOLATION PURSUANT TO THE RENTAL HOUSING SAFETY PROGRAM (RHSP); BMC12.48; BUILDING AT 1806 WALNUT St #10,

BERKELEY, CALIFORNIA

Dear Owner(s):

The above subject property was inspected on October 13, 2022 as part of the City of Berkeley's Rental Housing Safety Program (RHSP) to determine compliance with the Uniform Housing Code as adopted by the City of Berkeley (BMC Chapter 19.40). Attached to this letter is a list of the violations that were identified during this inspection.

To determine compliance with this Notice of Violation, a reinspection has been scheduled. At the time of the reinspection we expect to have access into the building and where applicable, the unit.

Date:

Monday, December 12, 2022

Time Window:

AM = 9:00 am - 12:00 noon

PM = 12:30 pm - 4:00 pm

X

The inspector will arrive to conduct the scheduled inspection during the time window. The inspector’s actual arrival time will be determined by their daily schedule. You may contact the inspector before 9:00am the day of the inspection for a narrower time window.

Please note: This letter is not a substitute for the requirements set forth in California Civil Code

19.54 for entering the unit and you are still required to provide your tenant proper notification.

Be advised that if all defects have been corrected, there will be no fee for the reinspection and you will be given a Certificate of Compliance. If you receive a Certificate of Compliance you will then be exempt from the City’s Annual Safety Self-Certification (Schedule A) requirement for a three-year period.

First Notice of Violation
Initial Inspection Results
October 19, 2022

1947 Center Street, 3rd floor, Berkeley, CA 94704 Tel: 510. 981.5444 TDD: 510.981.7474 Fax: 510.981.7505 E-mail: [email protected] - http://www.cityofberkeley.info/housingcodeenforcement

If all defects have not been corrected by the time of the reinspection, the City of Berkeley Housing Code allows for subsequent reinspections until all repairs have been corrected and verified. You will be charged in accordance with the enclosed fee schedule for the reinspections. If you do not complete the repairs required, you may be subject to a Notice of Violation filed with the county, and ultimately served with a citation, which can result in the imposition of fines. Therefore, it is in your best interest to obtain any necessary permits and complete the repairs within this grace period.

Permits can be obtained at:

Permit Service Center
1947 Center Street, 3rd floor
Berkeley, CA 94704
Phone: (510) 981-7500
www.cityofberkeley.info/permitservicecenter

If either you or the applicable tenant(s) wish to request an informal review by the Building Official of the determination as set forth in chapter 12.48.080 of the Berkeley Municipal Code, please contact our office. Failure to request an informal review within ten (10) days of the date of issuance of this notice shall constitute a waiver of any objection to said determination and the order shall therefore be final and binding.

If you have any questions concerning this Notice of Violation, please contact me at (510) 981-5444.

Sincerely,

Jay Marlette
Housing Inspector

Enclosure(s)

cc:

Tenant

STANLEY WRIGHT TRUST, 1035 SAN PABLO AVE STE 12, BERKELEY, CA 94706- 2277

Note:

As a cost-saving measure, many City offices and services will be closed on the 2nd Friday of the month. For a full list of holiday and reduced services days please visit the City’s web site at www.cityofberkeley.info.

Of the original 6 violations, 0 have been cleared.

The remaining violations are:

1. Kitchen, Electrical Receptacle, GFCI - Missing
The kitchen receptacle does not have the required ground fault circuit interrupter (GFCI) protection. To correct, replace the receptacle(s) with GFCI receptacle(s) or install GFCI protection devices and ensure proper operation. NOTE: If rough electrical work is necessary to make the repair, the owner or his/her representative is required to obtain an electrical permit and a final approval from a building inspector. BMC 19.30, SEC. 210.8 & BMC 19.40, SEC. 701.2

2. Kitchen [Dinette Area], Electrical Receptacle, Not Grounded The three prong electrical receptacle was tested and is not grounded. Three prong receptacles are required to be grounded. To correct, properly ground the receptacles or install one of the two prong type or install GFCI receptacles marked ³No Equipment Ground ´Note: If the receptacle requires to be GFCI protected, please install the required GFCI protection device. If rough electrical work will be necessary to make the repair, the owner or his/her representative is required to obtain an electrical permit and a final approval by a building inspector. BMC 19.30, SEC.406(D)(2) & BMC 19.40, SEC. 701.2

3. Hallway, Alarm - Smoke, Missing
The smoke alarm in the hallway is missing. To correct, follow manufacturers installation manual and ensure operating smoke alarms are installed in required locations: in each sleeping room, outside each separate sleeping area in the immediate vicinity of the bedroom, on every occupiable level of the dwelling including basement. BMC 19.28, SEC. 907.2.11.2 & BMC 19.29, SEC. R314.3

4. Hallway, Alarm - Carbon Monoxide, Missing
The carbon monoxide alarm is missing. To correct, follow manufacturers installation manual and ensure operating carbon monoxide alarms are installed in required locations: outside of each separate sleeping area in the immediate vicinity of the bedrooms, on every occupiable level of a dwelling unit, including basements and where a fuel-burning appliance is located within a bedroom or its attached bathroom, a carbon monoxide alarm shall be installed within the bedroom. BMC 19.28, SEC. 420.6 & BMC 19.29, SEC. R315.2

5. Bedroom [Adjacent to bathroom], Alarm - Smoke, Missing Case Details
Date:

Case Number:

Subject:

H2022-00942
1806 WALNUT St 10
10/19/2022

CITY OF BERKELEY
Housing Code Enforcement
1947 Center Street, 3rd floor
Berkeley, CA  94704
(510) 981-5444

The smoke alarm in the bedroom is missing. To correct, follow manufacturers installation manual and ensure operating smoke alarms are installed in required locations: in each sleeping room, outside each separate sleeping area in the immediate vicinity of the bedroom, on every occupiable level of the dwelling including basement. BMC 19.28, SEC. 907.2.11.2 & BMC 19.29, SEC. R314.3

6. Living Room, Electrical Receptacle, Damaged
The living room receptacle(s) is damaged. The junction box is not secured and pulls out. To correct, repair or replace the receptacle(s) and ensure proper operation. NOTE: If rough electrical work is necessary to make the repair, the owner or his/her representative is required to obtain an electrical permit and a final approval from a building inspector. BMC 19.30, SEC. 210.8 & BMC 19.40, SEC. 701.2
Case Details
Date:

Case Number:

Subject:

H2022-00942
1806 WALNUT St 10
10/19/2022

1947 Center Street, 3rd floor, Berkeley, CA 94704 Tel: 510. 981.5444 TDD: 510.981.7474 Fax: 510. 981.7505 E-mail: [email protected] - http://www.cityofberkeley.info/housingcodeenforcement

Planning & Development Department
Building & Safety Division
Housing Code Enforcement

December 21, 2022

Second Notice of Violation
APN: 057 204900400
Case #: H2022-00942

PHILIP & PETER WRIGHT

FIONNUA WRIGHT
1580 HAWTHORNE TER
BERKELEY, CA 94708

Subject:

1806 WALNUT St #10
Berkeley, California

Dear Owner:

The City of Berkeley informed you in writing that the subject property was found to be in violation of the Berkeley Housing Code (BMC Section 19.40). At the time of the reinspection/office review conducted on December 12, 2022, you had not corrected all the conditions required to close your case. The remaining violations are identified on the enclosed list and a reinspection has been scheduled for:

Date:

Wednesday, February 08, 2023

Time Window:

AM = 9:00 am - 12:00 noon

PM = 12:30 pm - 4:00 pm

X

The inspector will arrive to conduct the scheduled inspection during the time window. The inspector’s actual arrival time will be determined by their daily schedule. You may contact the inspector before 9:00am the day of the inspection for a narrower time window.

It is the owner's responsibility to obtain the tenant's approval for entry on the scheduled date of the reinspection. You will be charged an inspection fee if the inspector cannot gain entry or if violations are not corrected at the time of the scheduled inspection.

Please note: This letter is not a substitute for the requirements set forth in California Civil Code

19.54 for entering the unit and you are still required to provide your tenant proper notification.

As the owner of the property, you are liable for all inspection service fees charged. You will continue to incur additional inspection service fees including the final reinspection, which closes this case. All fees charged while the building and/or unit(s) remain in noncompliance are the responsibility of the owner and remain as assessments until the fees have been paid. The City may use any and all actions at its disposal to collect these fees, which may include a civil suit, a Notice of Violation filed with the county and delinquent fees placed on your property tax bill.

Second Notice of Violation
December 21, 2022

1947 Center Street, 3rd floor, Berkeley, CA 94704 Tel: 510. 981.5444 TDD: 510.981.7474 Fax: 510. 981.7505 E-mail: [email protected] - http://www.cityofberkeley.info/housingcodeenforcement

Please be further advised that the Rent Stabilization Board has requested a copy of this notice sent by our office. Berkeley tenants who are covered by the Rent Stabilization Ordinance may petition the Rent Stabilization Board for rent reductions if the property owner(s) fails to correct violations.

The Rent Stabilization Board will be similarly notified with a copy of the Notice of Compliance as soon as all repairs are made and verified.

If you have any questions regarding this Notice of Violation, please contact me at (510) 981-5444.

Sincerely,

Sloan Fidler
Housing Inspector

Enclosure(s)

cc:

TENANT

CITY OF BERKELEY RENT STABILIZATION BOARD

STANLEY WRIGHT TRUST; 1035 SAN PABLO AVE STE 12; ; BERKELEY, CA 94706-2277

Note:

As a cost-saving measure, many City offices and services will be closed on the 2nd Friday of the month. For a full list of holiday and reduced services days please visit the City’s web site at www.cityofberkeley.info.

Case Details
Date:

Case Number:

Subject:

H2022-00942
1806 WALNUT St 10
12/21/2022

CITY OF BERKELEY
Housing Code Enforcement
1947 Center Street, 3rd floor
Berkeley, CA 94704
(510) 981-5444
Of the original 6 violations, 0 have been cleared.

The remaining violations are:

1. Kitchen, Electrical Receptacle, GFCI - Missing
The kitchen receptacle does not have the required ground fault circuit interrupter (GFCI) protection. To correct, replace the receptacle(s) with GFCI receptacle(s) or install GFCI protection devices and ensure proper operation. NOTE: If rough electrical work is necessary to make the repair, the owner or his/her representative is required to obtain an electrical permit and a final approval from a building inspector. BMC 19.30, SEC. 210.8 & BMC 19.40, SEC. 701.2

2. Kitchen [Dinette Area], Electrical Receptacle, Not Grounded The three prong electrical receptacle was tested and is not grounded. Three prong receptacles are required to be grounded. To correct, properly ground the receptacles or install one of the two prong type or install GFCI receptacles marked “No Equipment Ground ”. Note: If the receptacle requires to be GFCI protected, please install the required GFCI protection device. If rough electrical work will be necessary to make the repair, the owner or his/her representative is required to obtain an electrical permit and a final approval by a building inspector. BMC 19.30, SEC.406(D)(2) & BMC 19.40, SEC. 701.2

3. Hallway, Alarm - Smoke, Missing
The smoke alarm in the hallway is missing. To correct, follow manufacturers installation manual and ensure operating smoke alarms are installed in required locations: in each sleeping room, outside each separate sleeping area in the immediate vicinity of the bedroom, on every occupiable level of the dwelling including basement. BMC 19.28, SEC. 907.2.11.2 & BMC 19.29, SEC. R314.3

4. Hallway, Alarm - Carbon Monoxide, Missing
The carbon monoxide alarm is missing. To correct, follow manufacturers installation manual and ensure operating carbon monoxide alarms are installed in required locations: outside of each separate sleeping area in the immediate vicinity of the bedrooms, on every occupiable level of a dwelling unit, including basements and where a fuel-burning appliance is located within a bedroom or its attached bathroom, a carbon monoxide alarm shall be installed within the bedroom. BMC 19.28, SEC. 420.6 & BMC 19.29, SEC. R315.2

5. Bedroom [Adjacent to bathroom], Alarm - Smoke, Missing

Case Details
Date:

Case Number:

Subject:

H2022-00942
1806 WALNUT St 10
12/21/2022

The smoke alarm in the bedroom is missing. To correct, follow manufacturers installation manual and ensure operating smoke alarms are installed in required locations: in each sleeping room, outside each separate sleeping area in the immediate vicinity of the bedroom, on every occupiable level of the dwelling including basement. BMC 19.28, SEC. 907.2.11.2 & BMC 19.29, SEC. R314.3

6. Living Room, Electrical Receptacle, Damaged
The living room receptacle(s) is damaged. The junction box is not secured and pulls out. To correct, repair or replace the receptacle(s) and ensure proper operation. NOTE: If rough electrical work is necessary to make the repair, the owner or his/her representative is required to obtain an electrical permit and a final approval from a building inspector. BMC 19.30, SEC. 210.8 & BMC 19.40, SEC. 701.2

1947 Center Street, 3rd floor, Berkeley, CA 94704 Tel: 510. 981.5444 TDD: 510.981.7474 Fax: 510. 981.7505 E-mail: [email protected] - http://www.cityofberkeley.info/housingcodeenforcement

Planning & Development Department
Building & Safety Division
Housing Code Enforcement

February 09, 2023

Second Notice of Violation
APN: 057 204900400
Case #: H2022-00942

PHILIP & PETER WRIGHT

FIONNUA WRIGHT
1580 HAWTHORNE TER
BERKELEY, CA 94708

Subject:

1806 WALNUT St 10
Berkeley, California

Dear Owner:

The City of Berkeley informed you in writing that the subject property was found to be in violation of the Berkeley Housing Code (BMC Section 19.40). At the time of the reinspection/office review conducted on February 8, 2023,
you had not corrected all the conditions required to close your case.

The remaining violations are identified on the enclosed list and a reinspection has been scheduled for:

Date:

Monday, March 13, 2023

Time Window:

AM = 9:00 am - 12:00 noon

PM = 12:30 pm - 4:00 pm

X

The inspector will arrive to conduct the scheduled inspection during the time window. The inspector’s actual arrival time will be determined by their daily schedule. You may contact the inspector before 9:00am the day of the inspection for a narrower time window.

It is the owner's responsibility to obtain the tenant's approval for entry on the scheduled date of the reinspection. You will be charged an inspection fee if the inspector cannot gain entry or if violations are not corrected at the time of the scheduled inspection.

Please note: This letter is not a substitute for the requirements set forth in California Civil Code

19.54 for entering the unit and you are still required to provide your tenant proper notification.

As the owner of the property, you are liable for all inspection service fees charged. You will continue to incur additional inspection service fees including the final reinspection, which closes this case. All fees charged while the building and/or unit(s) remain in noncompliance are the responsibility of the owner and remain as assessments until the fees have been paid. The City may use any and all actions at its disposal to collect these fees, which may include a civil suit, a Notice of Violation filed with the county and delinquent fees placed on your property tax bill.

Second Notice of Violation
February 09, 2023

1947 Center Street, 3rd floor, Berkeley, CA 94704 Tel: 510. 981.5444 TDD: 510.981.7474 Fax: 510. 981.7505 E-mail: [email protected] - http://www.cityofberkeley.info/housingcodeenforcement

Please be further advised that the Rent Stabilization Board has requested a copy of this notice sent by our office. Berkeley tenants who are covered by the Rent Stabilization Ordinance may petition the Rent Stabilization Board for rent reductions if the property owner(s) fails to correct violations.

The Rent Stabilization Board will be similarly notified with a copy of the Notice of Compliance as soon as all repairs are made and verified.

If you have any questions regarding this Notice of Violation, please contact me at (510) 981-5444.

Sincerely,

Sloan Fidler
Housing Inspector

Enclosure(s)

cc:

TENANT

CITY OF BERKELEY RENT STABILIZATION BOARD

STANLEY WRIGHT TRUST; 1035 SAN PABLO AVE STE 12; ; BERKELEY, CA 94706-2277

Note:

As a cost-saving measure, many City offices and services will be closed on the 2nd Friday of the month. For a full list of holiday and reduced services days please visit the City’s web site at www.cityofberkeley.info.