Agenda packet, first session — Berkeley City Council, March 25, 2025 (part 1 of 7)

Tuesday, March 25, 2025 AGENDA Page 1
AGENDA

BERKELEY CITY COUNCIL MEETING
Tuesday, March 25, 2025
6:00 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702

ADENA ISHII, MAYOR
Councilmembers:

DISTRICT 1 – RASHI KESARWANI DISTRICT 5 – SHOSHANA O’KEEFE DISTRICT 2 – TERRY TAPLIN DISTRICT 6 – BRENT BLACKABY
DISTRICT 3 – BEN BARTLETT DISTRICT 7 – CECILIA LUNAPARRA DISTRICT 4 – IGOR TREGUB DISTRICT 8 – MARK HUMBERT
This meeting will be conducted in a hybrid model with both in -person attendance and virtual participation. Live captioned broadcasts of Council meetings are available on B -TV (Channel 33) and via internet video stream at http://berkeley.granicus.com/MediaPlayer.php?publish_id=1244. All Council meetings are recorded.

To access the meeting remotely use this URL: https://cityofberkeley-info.zoomgov.com/j/1611397649. To request to speak, use the “raise hand” function in Zoom. To join by phone: Dial 1-669-254-5252 or 1-833-568-8864 (Toll Free) and enter Meeting ID: 161 139 7649 . To provide public comment, Press *9 and wait to be recognized by the Chair. To submit a written communication for the public record, email [email protected].

This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953. Any member of the public may attend this meeting, however, if you are feeling sick, please do not attend the meeting in person.

The City Council may take action related to any subject listed on the Agenda.

Pursuant to the City Council Rules of Procedure and State Law, the presiding officer may remove, or cause the removal of, an individual for disrupting the meeting. Prior to removing an individual, the presiding officer shall warn the individual that their behavior is disrupting the meeting and that their failure to cease their behavior may result in their removal. The presiding officer may then remove the individual if they do not promptly cease their disruptive behavior. “Disrupting” means engaging in behavior during a meeting of a legislative body that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting and includes, but is not limited to, a failure to comply with reasonable and lawful regulations adopted by a legislative body, or engaging in behavior that constitutes use of force or a true threat of force.

Government Code Section 84308 (Levine Act) - Parties to a proceeding involving a license, permit, or other entitlement for use are required to disclose if they made contributions over $5 00 within the prior 12 months to any City employee or officer. Parties and participants with a financial interest are prohibited from making more than $500 in contributions to a decisionmaker for the 12 months after the final decision is rendered on the proceeding.

The above contribution disclosures and restrictions do not apply when the proceeding is competitively bid, or involves a personnel or labor contract. For more information, see Government Code Section 84308.

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Tuesday, March 25, 2025 AGENDA Page 2
Preliminary Matters
Roll Call:

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

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

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

Public Comment on Non-Agenda Matters: Up to ten persons will be selected to address matters not on the Council agenda. If five or fewer persons are identified to provide non-agenda comment, each person selected will be allotted two minutes each. If more than five persons are selected to address matters not on the Council agenda, each person selected will be allotted one minute each.

In-person attendees wishing to address the Council on matters not on the Council agenda during the initial ten-minute period for such comment, must submit a speaker card to the City Clerk in person at the meeting location and prior to the moment that the Presiding Officer calls for public comment on non - agenda items. Remote attendees must raise their hand in the videoconference application when the Presiding Officer calls for non-agenda speakers. The first five raised hands on the videoconference application will be selected to speak and the first five cards drawn at the meeting will be selected to speak. The number of in-person and remote speakers selected may be adjusted by the Presiding Officer if fewer than five speakers from either format are identified.

The remainder of the speakers wishing to address the Council on non-agenda items will be heard at the end of the agenda.

Public Comment by Employee Unions (first regular meeting of the month): This period of public comment is reserved for officially designated representatives of City of Berkeley employee unions, with five minutes allocated per union if representatives of three or fewer unions wish to speak and up to three minutes per union if representatives of four or more unions wish to speak.

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Tuesday, March 25, 2025 AGENDA Page 3
Consent Calendar
The Council will first determine whether to move items on the agenda for “Action” or “Information” to the “Consent Calendar”, or move “Consent Calendar” items to “Action.” Three members of the City Council must agree to pull an item from the Consent Calendar or Information Calendar for it to move to Action.

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

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

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

Public Comment on Consent Calendar and Information Items Only: The Council will take public comment on any items that are either on the amended Consent Calendar or the Information Calendar. If ten or fewer persons are interested in speaking on an individual agenda item, each speaker may speak for two minutes. If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker. Speakers are permitted to yield their time to one other speaker, however no one speaker shall have more than four minutes. The Presiding Officer may, with the consent of persons representing both sides of an issue, allocate a block of time to each side to present their issue. A speaker may only speak once during the period for public comment on Consent Calendar and Information items.

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

Consent Calendar

1. Proposed Amendments to the Building Emissions Saving Ordinance (BESO); Amending Berkeley Municipal Code Chapter 19.81 (Item contains revised material)
From: City Manager
Recommendation: Adopt a new first reading of Ordinance No. 7,953-N.S. amending the Building Emissions Saving Ordinance (BESO), Chapter 19.81 of the Berkeley Municipal Code, to establish a flexible resilience standard for small residential buildings containing up to four units.

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

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Consent Calendar
Tuesday, March 25, 2025 AGENDA Page 4

2. Adopt an Ordinance to Prohibit the Sale or Use of Pricing Algorithms to Set Rents or Manage Occupancy Levels for Residential Dwelling Units; Adding Berkeley Municipal Code Chapter 13.63
From: Housing Advisory Commission
Recommendation: Adopt second reading of Ordinance No. 7,956-N.S. amending the Municipal Code adding Chapter 13.63 to prohibit the sale or use of pricing algorithms to set rents or manage occupancy levels for residential dwelling units.

First Reading Vote: Ayes – Kesarwani, Taplin, Bartlett, Tregub, O’Keefe, Blackaby, Lunaparra, Ishii; Noes – Humbert; Abstain – None; Absent – None.

Financial Implications: See report
Contact: Mike Uberti, Commission Secretary, (510) 981-7400

3. Minutes for Approval
From: City Manager
Recommendation: Approve the minutes for the Council meetings of February 3 (closed), February 11, 2025 (special and regular), February 25, 2025 (special and regular).

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

4. Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on March 25, 2025
From: City Manager
Recommendation: Approve the request for proposals or invitation for bids (attached to staff report) that will be, or are planned to be, issued upon final approval by the requesting department or division. All contracts over the City Manager’s threshold will be returned to Council for final approval.

Financial Implications: Various Funds - $6,575,000
Contact: Henry Oyekanmi, Finance, (510) 981-7300

5. Contract No. 32000118 Amendment: NEXGEN Asset and Work Order Management Software Maintenance
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32000118 with NEXGEN Asset Management to provide additional funding for software maintenance and professional services, increasing the amount by $1,123,457, for a total not-to-exceed amount of $2,830,366 through June 30, 2029.

Financial Implications: Various Funds - $1,123,457
Contact: Kevin Fong, Information Technology, (510) 981-6500

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Consent Calendar
Tuesday, March 25, 2025 AGENDA Page 5

6. Contracts: On-Call Landscape Architectural Services for Capital Improvement Projects
From: City Manager
Recommendation: Adopt five Resolutions authorizing the City Manager to execute contracts and any amendments with the following firms for on-call landscape architectural services for capital improvement projects, for contract periods of May 1, 2025 through April 30, 2028:

1. Carducci & Associates, Inc., for an amount not to exceed $450,000.

2. Moore Iacofano Goltsman, Incorporated (MIG, Inc.), for an amount not to exceed $450,000.

3. PGAdesign, Inc., for an amount not to exceed $450,000.

4. Royston Hanamoto Alley & Abey (RHAA), for an amount not to exceed $450,000.

5. RRM Design Group, for an amount not to exceed $450,000.

Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

7. Adopt a Mitigated Negative Declaration for the Tom Bates Regional Sports Complex Restroom and Community Space Project
From: City Manager
Recommendation: Adopt a Resolution adopting the Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Plan (MMRP) for the Tom Bates Regional Sports Complex Restroom and Community Space Project.

Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

Action Calendar
The public may comment on each item listed on the agenda for action. For items moved to the Action Calendar from the Consent Calendar or Information Calendar, persons who spoke on the item during the Consent Calendar public comment period may speak again during the Action Calendar public comment period on the item
The Presiding Officer will request that persons wishing to speak line up at the podium, or use the "raise hand" function in Zoom, to determine the number of persons interested in speaking at that time. If ten or fewer persons are interested in speaking on an individual agenda item, each speaker may speak for two minutes. If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker. Speakers are permitted to yield the ir time to one other speaker, however no one speaker shall have more than four minutes. The Presiding Officer may, with the consent of persons representing both sides of an issue, allocate a block of time to each side to present their issue.

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

The Presiding Officer may open and close an additional comment period for Action items on this agenda (excluding any public hearings, appeals, and/or quasi-judicial matters), at the start of the Action Calendar.

Those who speak on an item during this comment period may not speak a second time when the item is taken up by Council.

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Action Calendar – Public Hearings
Tuesday, March 25, 2025 AGENDA Page 6
Staff shall introduce the public hearing item and present their comments. For certain hearings, this is followed by five-minute presentations each by first the appellant and then the applicant. The Presiding Officer will request that persons wishing to speak line up at the podium, or use the "raise hand" function in Zoom, to be recognized and to determine the number of persons interested in speaking at that time.

If ten or fewer persons are interested in speaking during a public hearing, each speaker may speak for two minutes. If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker. Speakers are permitted to yield their time to one other speaker, however no one speaker shall have more than four minutes. The Presiding Officer may with the consent of persons representing both sides of an issue allocate a block of time to e ach side to present their issue.

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

8. Establishment of M-RD Zoning District, Associated General Plan and West Berkeley Plan Amendments, and Environmental Impact Report From: City Manager
Recommendation: Conduct a public hearing and upon conclusion:

1. Adopt the first reading of an Ordinance amending Title 23 of the Berkeley Municipal Code (BMC) and the Zoning Map to establish the Manufacturing, Research & Development (M-RD) zoning district to encourage redevelopment of the former Pacific Steel Casting (PSC) site.

2. Adopt a Resolution:
a. Approving and adopting West Berkeley Plan and General Plan amendments to be consistent with the associated Ordinance amendments; and b. Certifying the Environmental Impact Report (EIR) (SCH#2022120549) and adopt related California Environmental Quality Act (CEQA) findings, a statement of overriding considerations, mitigation measures, and a mitigation monitoring and reporting program.

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

9. ZAB Appeal: 3000 Shattuck Avenue, Use Permit #ZP2022-0046 From: City Manager
Recommendation: Conduct a public hearing and, upon conclusion, adopt a Resolution affirming the Zoning Adjustments Board (ZAB) decision to approve a Use Permit to demolish a gas station, and construct a 10-story (114 feet) mixed-use building utilizing a State Density Bonus request, with 166 dwellings, including 17 Very Low-Income units, and 1,000 square-feet of commercial space, and dismiss the appeals.

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

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Action Calendar – New Business
Tuesday, March 25, 2025 AGENDA Page 7
10a. Allocation of $2,294,774 Million Over 2 Years, FY 2026 and FY 2027, to Reduce Consumption and Health Impacts of Sugar-Sweetened Beverages (SSBs) From: Sugar Sweetened Beverage Product Panel of Experts Recommendation: Adopt a Resolution allocating $2,294,774 from the General Fund in Fiscal Year 2026 (July 1, 2025 through June 30, 2026) and Fiscal Year 2027 (July 1, 2026 through June 30, 2027) that shall be invested in a grant program administered and coordinated by the Department of Health, Housing, and Community Services’ (HHCS) Public Health Division (HHCS/PHD) consistent with the Sugar-Sweetened Beverage Product Panel of Experts (SSBPPE) Commission’s goals to reduce the consumption of sugar sweetened beverages (SSB) in Berkeley and to address the health effects of SSB consumption. The total of $2,294,774 million will be distributed in two installments of $1,147,387 for FY2026 and $1,147,387 for FY2027. In each of these years, the funds will be distributed as follows:
a. Direct the City Manager to award up to 42.5% of the allocated funds to Berkeley Unified School District (BUSD) through a grant to implement and enhance the BUSD cooking and gardening programs which aid in reducing the consumption of sugar- sweetened beverages (SSBs) amongst students. The BUSD funding process is separate from the RFP process for community-based organizations and shall be guided by the SSBPPE Commission’s Criteria for the BUSD Funding Proposal. b. Direct the City Manager to award at least 42.5% of the allocated funds through an RFP process managed by HHCS/PHD for grants to community- based organizations consistent with the SSBPPE Commission’s goals to reduce the consumption of SSBs and to address the effects of SSB consumption. The RFP process for community- based organizations is separate from the BUSD funding process and shall be guided by the SSBPPE Commission’s Selection Criteria for Community Agency Grants. c. Direct the City Manager to utilize up to 15% of the allocated funds to support HHCS/PHD to coordinate and monitor the grant process, coordinate the overall program evaluation, and produce an annual report that disseminates process and outcome data from the epidemiologist resulting from the SSBPPE Commission funding program as well as pay certain City of Berkeley Finance Department costs related to the sugary drink tax.

Financial Implications: See report
Contact: Roberto Terrones, Commission Secretary, (510) 981-5400

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Action Calendar – New Business
Tuesday, March 25, 2025 AGENDA Page 8
10b. Companion Report: Allocation of $2,294,774 Million Over Two Years, FY2026 and FY2027, to Reduce Consumption and Health Impacts of Sugar-Sweetened Beverages (SSBs)
From: City Manager
Recommendation: Adopt a Resolution allocating $2,294,774 from the General Fund total for Fiscal Year 2026 (July 1, 2025, through June 30, 2026) and Fiscal Year 2027 (July 1, 2026, through June 30, 2027) to be invested in a grant program administered and coordinated by the Department of Health, Housing, and Community Services’ (HHCS) Public Health Division (HHCS/PHD). This program will align with the Sugar-Sweetened Beverage Product Panel of Experts (SSBPPE) Commission’s goals to reduce sugar-sweetened beverage (SSB) consumption in Berkeley and address the health effects of SSB consumption. The total amount will be distributed in two installments of $1,147,387 annually for FY2026 and FY2027, as follows:

A. Award up to $905,292 of the allocated amount to the Berkeley Unified School District (BUSD) for the period of July 1, 2025, to June 30, 2027, through a grant proposal process. These funds will support the reduction of SSB consumption through the implementation and enhancement of BUSD cooking and gardening programs. The BUSD funding process will be separate from the general community- based organization funding process and guided by the SSBPPE Commission’s Criteria for BUSD Funding (Attachment 2 to the report).

B. Award up to $905,292 of the allocated amount for the period of July 1, 2025, to June 30, 2027, through an Request for Proposal (RFP) process managed by HHCS/PHD. These grants will be awarded to community-based organizations (CBOs) and will align with the SSBPPE Commission’s goals to reduce SSB consumption and address the effects of SSB consumption. The RFP process to determine CBO funding will be separate from the BUSD funding process and guided by the SSBPPE Commission’s Criteria for Community Agency Grants (Attachment 3 to the report).

C. For the period of July 1, 2025, to June 30, 2027, allocate $128,990 to the Finance Department for staffing costs and Muni-Services fees, and $355,200 to HHCS/PHD for staffing, operating, service delivery and consulting costs. HHCS/PHD will coordinate and monitor the grant process, manage awarded contracts, and provide activities aligned with the sugary beverage tax goals including providing education, outreach, and technical assistance to support local vendors as they work to comply with the Healthy Checkout ordinance and monitoring Berkeley funded hydration stations, and HHCS will provide an annual presentation to the SSBPPE Commission focused on process and outcome data and updates on Finance Department fees related to the sugary drink tax, to inform the Commission’s annual report.

D. Carry over any sugary drink tax revenue received in excess of $2,294,774 during FY2026 and FY2027 to be awarded for related services in FY2027–FY2029.

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300, Scott Gilman, Health, Housing, and Community Services, (510) 981-5400

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Information Reports
Tuesday, March 25, 2025 AGENDA Page 9

11. FY 2025 Mid-Year Budget Update Report
From: City Manager
Contact: Sharon Friedrichsen, Budget Manager, (510) 981-7000, Henry Oyekanmi, Finance, (510) 981-7300

12. Landmarks Preservation Ordinance Notice of Decision (LPO NOD):
2138 Kittredge Street/#LMIN2024-0006
From: City Manager
Contact: Jordan Klein, Planning and Development, (510) 981-7400

13. Landmarks Preservation Ordinance Notice of Decision (LPO NOD):
3332 Adeline Street/#LMSAP2025-0001
From: City Manager
Contact: Jordan Klein, Planning and Development, (510) 981-7400

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

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

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

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

Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the public counter at the City Clerk Department located on the first floor of City Hall located at 2180 Milvia Street, and through the City's online records portal:
https://records.cityofberkeley.info/.

Agendas, agenda reports, and revised/supplemental material may be accessed via the online agenda for this meeting at:
https://berkeleyca.gov/your-government/city-council/city-council-agendas and may be accessed at reference desks at the following locations:

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Tuesday, March 25, 2025 AGENDA Page 10
City Clerk Department - 2180 Milvia Street, First Floor Tel: 510-981-6900, TDD: 510-981-6903, Fax: 510-981-6901 Email: [email protected]

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

COMMUNICATION ACCESS INFORMATION:

This meeting is being held in a wheelchair accessible location.

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

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

Captioning services are provided at the meeting, on B -TV, and on the Internet. In addition, assisted listening devices for the hearing impaired are available from the City Clerk prior to the meeting, and are to be returned before the end of the meeting.

Questions regarding public participation may be addressed to the City Clerk Department (510) 981 -6900 or by email at [email protected].

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ I hereby certify that the agenda for this meeting of the Berkeley City Council was posted at the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way, as well as on the City’s website, on March 13, 2025.

Mark Numainville, City Clerk

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

Item #1: Proposed Amendments to the Building Emissions Saving Ordinance (BESO); Amending Berkeley Municipal Code Chapter 19.81 (Item contains revised material)

1. David Lerman (2)

2. Isabella Almeida (9)

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Tuesday, March 25, 2025 AGENDA Page 11
Item #9: ZAB Appeal: 3000 Shattuck Avenue, Use Permit #ZP2022-0046

3. Alisha Pember

4. Larisa Cummings (2)

5. Lorrie LeLe on behalf of East Bay Residents for Responsible Development

Waterfront

6. Andrew Sullivan

7. Kirk van Moon

8. Ross Stevenson

9. Noah Sudarsky

10. Kirsten Mahoney

11. Madeleine King

Fire Zone Concerns

12. Warren & Lorna Byrne (2)

13. Deirdre Duhan

14. Evan and Erika Mills

15. Bruce H. Feingold

16. Joan Wilson

Encampments

17. Steven Donaldson

18. Steve Smith

19. Steve Martinot

20. Nigel F.

Shattuck Security System

21. Isabel Thompson

Cash in Stores

22. Max Aue

Red Cross

23. Sheryl Drinkwater
Cesar Chavez Park

24. Stefani Berger

Adult Education Week

25. Brigitte Luna

Downtown Building

26. John Rice

Housing Safety Concern

27. David Lerman

28. Constance Rivemale

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Tuesday, March 25, 2025 AGENDA Page 12

Bicycles and Pedestrians

29. Lucas Miller

30. Rachel Doughty

31. Sheila Newberry

32. Beatriz Motta

33. John J. Parman

34. Lee Bishop

35. Lucas Cantor

Status of Grievance

36. Hector91 Phuentes

37. Kawal Ulanday

Towing Services

38. Andrew Paul Gutierrez

Civic Center Park

39. Libby Hruska

40. Councilmember Taplin

Relocation of People’s Park

41. Richard

ICE Concerns

42. Marla Wilson

Plans

43. Tillymaui

Forwards

44. Russbumper

45. Josh Atwood

Middle East Conflict

46. Cynthia Papermaster

47. Russbumper

UC Berkeley

48. Andrey Vinogradsky

Daylighting Concern

49. Shirley Kirsten

50. Sandra Sanchez (2)

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Tuesday, March 25, 2025 AGENDA Page 13
Parking Concern

51. Rolf Bell

52. Fred Botha

53. Shirley Kirsten

Chess Club

54. Jesse Sheehan

URL’s

55. Josh Atwood

56. Russbumper (3)
Supplemental Communications and Reports
Items received by the deadlines for submission will be compiled and distributed as follows. If no items are received by the deadline, no supplemental packet will be compiled for said deadline.

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

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

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

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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/

REVISED

AGENDA MATERIAL
Meeting Date: March 25, 2025
Item Number: 1
Item Description: Proposed Amendments to the Building Emissions Saving Ordinance; Amending Berkeley Municipal Code Chapter 19.81 Submitted by: Jordan Klein, Director, Planning and Development Department The revised agenda material includes updated ordinance language that reflects City Council’s referral to the City Attorney to analyze requiring the $5,000 escrow deposit be split 50/50 by the buyer and seller. The updated language requires a seller to make a $2,500 resilience upgrade payment, if compliance isn’t met prior to transfer, and the remaining $2,500 is submitted by a buyer in the form of a deposit. Both the resilience upgrade payment and the deposit would be refunded to the buyer once upgrades are completed. Updated language from the previous version approved by City Council on February 11, 2025 is highlighted in yellow.

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ORDINANCE NO. -N.S.

CHAPTER 19.81

BUILDING EMISSIONS SAVING

BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. That Berkeley Municipal Code 19.81.010 is amended to read as follows:

19.81.010 - Purpose.

The purpose of this chapter is to reduce energy use, water consumption, and greenhouse gas emissions in existing buildings, to increase the resilience of these buildings, and to promote public health. These efficiency and emission reduction improvements will increase comfort, safety and health for building occupants lower energy and water costs, transition buildings away from the use of fossil fuels, and may lower energy and water costsincrease comfort, safety and health for building occupants. The provisions of the ordinance will inform decision makers about energy, and emissions, and resilience performance and improvement opportunities.

Section 2. That Berkeley Municipal Code 19.81.030 is amended to read as follows:

19.81.030 - Definitions.

A. "Administrator" means the Director of Planning and Development or their designee.

B. "Building Owner" means the owner of record of a building. In the case of a building held in cooperative or condominium form of ownership, the term "Building Owner" shall also refer to the board of managers, board of directors, homeowners association, or other representative body of the jointly-owned building with authority to make decisions about building assessments and alterations.

C. "Building Energy Score" means a measurement of how efficiently a building uses energy and/or water based on modeled simulations or actual energy use of the building over time compared to similar buildings, which can be in the form of a performance score, asset score or other comparable metric that meets standards and formats established by the Administrator.

D. “Credits” means a numerical value based on the improved resilience, emissions savings, cost, or other measured benefit associated with a Resilience Upgrade.

E. “Dwelling Unit” means a single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.

DF. "Electrification" means the transition of building systems and appliances away from natural gas to electricity as the source of energy.

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EG. "Energy Report" means a report submitted by a Registered Service Provider that identifies existing conditions, opportunities for water and energy efficiency in a building, opportunities to transition off fossil fuels, greenhouse gas emissions reductions, and available incentives and financing, as well as any applicable Building Energy Score, in accordance with the standards and formats established by the Administrator.

FH. "ENERGY STAR Performance Report" means an ENERGY STAR Portfolio Manager Benchmark report generated by the on-line tool developed by the U.S.

Environmental Protection Agency that determines energy use intensity and an Energy Star Performance Score for a building based on utility usage data.

GI. "Energy Resilience Upgrade" means the installation or completion of recommended measure(s) that improve the building’s energy efficiency, increases the building’s resilience, supports the transition off fossil fuels, and/or decreases the building’s greenhouse gas emissions.

HJ. "Extensive Renovation" means any project that replaces all building space heating, cooling, and ventilation equipment and replaces at least half of the building envelope, in accordance to standards established by the Administrator.

IK. "Green Building Rating" means an approved rating by a green building verification system consistent with standards identified by the Energy Efficiency Standardization Coordination Collaborative (EESCC) of the American National Standards Institute (ANSI), including, but not limited to the following: Build It Green (BIG) GreenPoint Rated Existing Building; US Green Building Council Leadership in Energy and Environmental Design Existing Building Operation and Maintenance (USGBC LEED-EBOM); Passive House Institute (PHI) Certified Passive House and EnerPHit; Passive House Institute US (PHIUS) PHIUS+ Certified Project; and the International Living Future Institute Zero Net Energy Building and Living Building Challenge Certification; or any other rating demonstrating approved levels of energy efficiency, as determined by the Administrator.

JL. "Gross Floor Area" means the total size, as measured between the principal exterior surfaces of the enclosed fixed walls of the building(s). This includes all areas inside the building(s) such as: occupied tenant areas, common areas, meeting areas, break rooms, restrooms, elevator shafts, mechanical equipment areas, and storage rooms. Gross Floor Area should not include interstitial plenum space between floors, which may house pipes and ventilation.

KM. "Large Building" means any building with 25,000 square feet or more of Gross Floor Area.

LN. "Medium Building" means any building with between 15,000 and 24,999 square feet of Gross Floor Area, excluding Single Family Buildings1 to 4 Unit Residential Buildings.

MO. "Real Estate Listing" means any listing of a building for sale in the City of Berkeley. "Real Estate Listings" include listing a building for sale by a property owner or by a licensed agent. "Real Estate Listings" include any printed advertisement, internet

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posting, or publicly displayed sign, including but not limited to Regional Multiple Listing Service, Redfin, Zillow, Trulia and other third party listing services.include any listing for sale by any advertisement, internet posting, or publicly displayed sign.

NP. "Registered Service Provider" means an entity that has been registered by the Administrator to provide an Energy Report and/or Building Energy Score as required by this ordinance.

Q. “Resilience Upgrade Payment” means a monetary charge, as defined in Article XIII C, section 1(e)(5) of the California Constitution, that is imposed by the City on the seller as a result of the seller not complying with the seller’s legal obligation to obtain a BESO Certificate of Compliance prior to transfer of title.O. "Sale" means the conveyance of title to real property as a result of the execution of a real property sales contract as defined in Section 2985 of the California Civil Code as well as any change of ownership described in subdivision (c) of Section 61 and subdivision (c) of Section 64 of the California Revenue and Taxation Code. "Sale" does not include transfer of title pursuant to inheritance, involuntary transfer of title resulting from default on an obligation secured by real property, change of title pursuant to marriage or divorce, condemnation, or any other involuntary change of title affected by operation of law.

PR. "Single Family Building1 to 4 Unit Residential Building" means any building comprised of solely 1 to 4 residential Dwelling Uunits, regardless of size. For the purpose of determining which buildings constitute a 1 to 4 Unit Residential Building subject to this Chapter, an Accessory Dwelling Unit (ADU) as defined in Chapter 23.502 of this Code is not a Dwelling Unit.

QS. "Small Building" means any building with less than 15,000 square feet of Gross Floor Area, excluding Single Family1 to 4 Unit Residential Buildings.

T. "Transfer" means the conveyance of title to real property, excluding condominiums as defined in California Civil Code Section 1351(f), as a result of the execution of a real property sales contract as defined in Section 2985 of the California Civil Code as well as any change of ownership described in subdivision (c) of Section 61 and subdivision (c) of Section 64 of the California Revenue and Taxation Code. "Transfer" does not include transfer of title pursuant to inheritance, involuntary transfer of title resulting from default on an obligation secured by real property, change of title pursuant to marriage or divorce, condemnation, or any other involuntary change of title affected by operation of law.

Section 3. That Berkeley Municipal Code 19.81.040 is amended to read as follows:

19.81.040 – Large Buildings.

A. Annual ENERGY STAR Performance Report. Owners of Large Buildings shall submit to the Administrator an ENERGY STAR Performance Report on an annual basis in accordance with the phase-in schedule below and no later than July 1 each year thereafter.

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B. Energy Report. Owners of Large Buildings shall have a Registered Service Provider prepare and submit to the Administrator an Energy Report as specified in the phase-in schedule below and by July 1 every five years thereafter.

C. Disclosure. The most recent ENERGY STAR Performance Report and a summary version of the most recent Energy Report including a Building Energy Score, when available, shall be made publicly available by the Administrator and shall be provided by the Building Owner to existing lessees and to prospective lessees and buyers prior to execution of a lease or contract for sale.

D. Phase-in and Reporting Cycle Schedule. Owners of Large Buildings shall be in compliance with the requirements of this section by the dates specified below.

1. July 1, 2018 for buildings with 50,000 or more square feet of Gross Floor Area, with an annual ENERGY STAR Performance Reporting cycle and a 5 year Energy Report reporting cycle thereafter.

2. July 1, 2019 for buildings with 25,000 or more square feet of Gross Floor Area with an annual ENERGY STAR Performance Reporting cycle and a 5 year Energy Report reporting cycle thereafter.

E. Evaluate and Recommend Resilience Energy Upgrades Requirements. The Administrator of this Chapter shall develop recommendations for Energy Resilience Upgrade requirements for Large Buildings based on building performance that are consistent with requirements of State and Federal law. The Administrator shall identify incentives, rebates or other compliance resources to off-set the costs of the Energy Resilience Upgrade requirements. The Administrator shall then report the proposed Energy Resilience Upgrade requirements for Large Buildings to the City Council for consideration.

Section 4. That Berkeley Municipal Code 19.81.050 is amended to read as follows:

19.81.050 – Medium and Small Buildings.

A. Annual ENERGY STAR Performance Report. Owners of Medium Buildings shall submit to the Administrator an ENERGY STAR Performance Report on an annual basis as of July, 1, 2021, and no later than July 1 each year thereafter.

B. Energy Report. Owners of Medium and Small Buildings shall have a Registered Service Provider prepare and submit to the Administrator an Energy Report:

1. Prior to the Real Estate Listing of the building for sSale; or

2. Within 6 months of a lender having acquired title due to foreclosure or deed in lieu of foreclosure.

The requirement at time of Real Estate Listing may be transferred to the buyer and deferred for 6 months under the provisions of Section 19.81.090.B of this Chapter.

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C. Disclosure. All compliance documentation, including the most recent ENERGY STAR Performance Report, if applicable, a deferral or a summary version of the most recent Energy Report including a Building Energy Score, when available, shall be made publicly available by the Administrator and shall be provided by the Building Owner to existing lessees and prospective lessees, to all licensed real estate agents working on the seller’s behalf, and to prospective buyers who visit the building while it is listed publicly for sale.

D. Evaluate and Recommend Energy Resilience Upgrades Requirements. The Administrator of this Chapter shall develop recommendations for Energy Resilience Upgrade requirements for Small and Medium Buildings based on building performance that are consistent with State and Federal law. The Administrator shall identify incentives, rebates or other compliance resources to off-set the costs of the Energy Resilience Upgrade requirements. The Administrator shall then report the proposed Energy Resilience Upgrade requirements for Small and Medium Buildings to the City Council for consideration.

Section 5. That Berkeley Municipal Code 19.81.060 is amended to read as follows:

19.81.060 – Single Family1 to 4 Unit Residential Buildings.

A. Resilience Standard. When a 1 to 4 Unit Residential Building is Transferred, the property being Transferred shall achieve a required number of Credits, as determined by the Administrator, by undergoing Resilience Upgrades.

AB. Energy Report. Owners of Single Family1 to 4 Unit Residential Buildings shall have a Registered Service Provider prepare and submit to the Administrator an Energy Report:

1. Prior to the Real Estate Listing of the building for sSale; or

2. Within 6 months of a lender having acquired title due to foreclosure or deed in lieu of foreclosure.

The requirement at time of Real Estate Listing may be transferred to the buyer and deferred for 6 months under the provisions of Section 19.81.090.B of this Chapter.In the event the Building Owner fails to complete the Energy Report, an administrative fee, which is set forth in Section 19.81.120 of this code, shall be charged to cover staff time required to assist the buyer with compliance in the absence of the Energy Report.

C. BESO Certificate of Compliance. Upon submittal of documentation verifying that a Building Owner has achieved the required number of Resilience Upgrade credits, as determined by the Administrator, the Administrator shall issue a BESO Certificate of Compliance. A BESO Certificate of Compliance shall expire 5 years after issuance.

D. VerificationSeller Obligation at Time of Transfer. Prior to Transfer of title, seller shall obtain a :

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1. A BESO Certificate of Compliance for the subject property. If the seller fails to obtain a BESO Certificate of Compliance before Transfer, the seller must make a Resilience Upgrade Payment to the City of $2,500. must be obtained, or E. Buyer Obligation at Time of Transfer. A buyer who purchases a property that has not obtained a BESO Certificate of Compliance by the date of Transfer shall obtain a BESO Certificate of Compliance within two years of Transfer (“Buyer Compliance Period”), which may be extended up to one year at the discretion of the Administrator. Buyer shall, within ten days of Transfer, 2. The Administrator may grant a two-year extension, with an opportunity for an additional one-year extension, to meet the requirements of BMC 19.81.060(C) if the seller or buyer deposit funds with the City in an amount of $25,5000 (“Buyer’s Deposit”) totalthe Administrator determines to be sufficient to render compliance. and The seller or buyer must execute and deliver to the Administrator or their designee a binding agreement in a form acceptable to the City providing that any funds deposited with the City shall be forfeited and transferred to the City if a BESO Certificate of Compliance for the subject property has not been obtained upon the expiration of the extension periodBuyer Compliance Period. 1a. If a BESO Certificate of Compliance for the subject property is obtained prior to the expiration of the extension periodBuyer Compliance Period, then the buyer shall recoup the depositBuyer’s Deposit in full, as well as the Resilience Upgrade Payment made by the seller.
2b. If a BESO Certificate of Compliance for the subject property was not obtained prior to the expiration of the extension periodBuyer Compliance Period, then the fundsBuyer’s Deposit will be forfeited to the City unless the buyer (i) can show that one or more of the conditions in Section 19.81.090 has been met, or (ii) petitions for an additional extension of the Buyer Ccompliance Pperiod pursuant to subparagraph 3c.
3c. The buyer shallmay be granted an additional extension of the Buyer Ccompliance Pperiod if they can show that special circumstances, such as delays due to utility capacity or equipment supply chains or delays required to minimize disruptions to tenants, warrant an additional extension of a reasonable amount of time.

4. If the BESO Certificate of Compliance was not obtained after the expiration of the Buyer’s Compliance Period and any extensions, then the forfeited Buyer’s Deposit and Resilience Upgrade Payment funds shall be used by the City for local low-income building upgrade programs, such as the Climate Equity Fund or Just Transition Residential Electrification Programs.

FE. Appeals.

1. If deposit funds are forfeited to the City pursuant to BMC

19.81.050(D)(2)(b)After the expiration of the Buyer Compliance Period, notice shall be mailed no more than 14 calendar days after the expiration of the extension period to the buyer of (i) the expiration of the Buyer Compliance Period

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and the forfeiture of the Buyer’s Deposit under BMC 19.81.060(E)(2) and (ii) the opportunity to appeal. The cost of notice shall be deducted from the deposit made pursuant to BMC 19.81.060(E).

2. Within 14 calendar days of mailing of forfeiture notice, the buyer may appeal the forfeiture and transfer.
a. An appeal shall be submitted to the City Manager or the City Manager’s designee in writing and must state all of the reasons for the appeal. b. Appeal fees shall be paid by the person filing the appeal (the appellant).

3. Where a timely appeal has been filed, the City Manager or the City Manager’s designee shall, within 14 calendar days, set the appeal for a hearing before a Hearing Officer to be designated by the City Manager.

4. At the appeal hearing, the Hearing Officer may: (i) continue the public hearing; or (ii) reverse, affirm, or modify the decision of the prior review authority.

5. The Hearing Officer shall serve a written decision upon the appellant within 14 calendar days of the hearing, and shall send a copy to the Administrator and the City Manager. The Hearing Officer’s decision shall be final when mailed.

BG. Disclosure. All compliance documentation, including a deferral or a summary version of the most recent Energy Report including a Building Energy Score, when available, and the Resilience Standard compliance status shall be made publicly available by the Administrator and shall be provided by the Building Owner to existing lessees and prospective lessees, to all licensed real estate agents working on the seller’s behalf, and to prospective buyers who visit the building while it is listed for sale.

The Building Energy Score shall be included in all Real Estate Listings and a URL link to the Energy Report included if links are supported by the listing service.

H. Phase-in. Owners of 1 to 4 Unit Residential Buildings shall comply with the requirements of this section starting on the dates specified below. These buildings shall be treated as Small Buildings until their phase-in date.

1. January 1, 2026 for 1 to 4 Unit Residential Buildings containing one or two residential units.

2. January 1, 2028 for 1 to 4 Unit Buildings containing three or four residential units.

I. Responsibilities. Except as otherwise provided or as allowed by the Administrator, the Building Owner is responsible for compliance with this Section. The seller of any real property shall be responsible for disclosing to prospective buyers the requirements of this Section and the compliance status of the real property in question. Upon transfer of ownership, the buyer will be responsible for the compliance with this Section, regardless of any disclosure or failure to disclose.

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C. Reporting Schedule. The requirements of this Section of the ordinance shall become effective December 1, 2015.

D. Evaluate and Recommend Energy Upgrades Requirements. The Administrator of this Chapter shall develop recommendations for Energy Upgrade requirements for Single Family Buildings based on building performance that are consistent with requirements of State and Federal law. The Administrator shall identify incentives, rebates or other compliance resources to off-set the costs of the Energy Upgrade requirements. The Administrator shall then report the proposed Energy Upgrade requirements for Single Family Buildings to the City Council for consideration.

Section 6. That Berkeley Municipal Code 19.81.090 is amended to read as follows:

19.81.090 – Exceptions, Deferrals and Extensions.

A. High Performance Exemption. Exemptions from the Energy Report requirements for current reporting periods may be granted for to buildings that demonstrate effective and reasonably achievable level of efficiency, electrification of building systems and appliances, and/or emissions reduction, based on the specific building type, use, vintage, and condition, that support Berkeley’s commitment to become a Fossil Fuel Free City and achieve carbon neutrality by 2045.and the Berkeley Climate Action Plan (CAP) goal of 33% energy-related greenhouse gas reduction from 2000 levels by 2020 and 80% reduction by 2050. Qualified exemptions shall include, but are not limited to:

1. Any Large building Building that receives a Building Energy Score or Green Building Rating that demonstrates an effective and reasonable level of efficiency, as determined by the Administrator.

2. Any building, except for 1 to 4 Unit Residential Buildings, that completes a multi- measure energy improvement project with a verified minimum improvement, as determined by Administrator.

3. Any whole building that has been served by an income-qualified Weatherization Assistance program for low-income households.

4. Any new building or Extensive Renovation, except for 1 to 4 Unit Residential Buildings, with a construction completion date within ten years of the reporting deadline.

5. Any building that has electrified all building systems and appliances and capped all gas lines to the building.

B. Deferral at Time of Real Estate Listing. The requirements for compliance with the Energy Report requirement prior to the Real Estate Listing of a Small or Medium Bbuilding may be deferred from the seller to the buyer, and any subsequent buyers, for a period of 6 months after the original sale date. A request to defer responsibility to the buyer must be submitted to the administrator prior to the listing of the building. The

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deferral shall include information on the fuel source for each end use in the building and any current or future electrification requirements and incentives.

C. Distressed Sale Extension. A 6-month extension may be granted to a buyer of a building purchased from a lender following default or transfer by deed in lieu of foreclosure.

D. Hardship Deferral. The requirement for an ENERGY STAR Performance Report, and the requirement for an Energy Report, or the Resilience Standard may be deferred for up to one reporting cycle in cases of financial hardship where one of the following is provided by the Building Owner and approved by the Administrator:

1. Proof of participation in an income qualified energy assistance income qualified program, administered through the State of California or the local energy utility.

2. Proof of approved participation in Property Tax Postponement or Property Tax Assistance for Senior Citizens, Blind or Disabled, or equivalent program as determined by Administrator.

3. Proof that the property qualifies for sale at public auction or acquisition by a public agency due to arrears for property taxes, within two years prior to the due date of the Energy Report.

4. Proof that a court appointed receiver is in control of the asset due to financial distress.

5. Proof that the senior mortgage is subject to a notice of default.

6. Proof that the responsible party is otherwise not able to meet the obligations of this Chapter.

Deferrals under this Section are granted to the Building Owner and are not transferable with a building sale, at which time compliance with this Chapter shall be required.

E. Data Unavailable. An exemption from ENERGY STAR Performance Report requirement for any current reporting period may be granted if:

1. The Building Owner demonstrates to the Administrator that they have been unable to obtain tenant authorization to obtain tenant utility data, despite a good faith effort to obtain such consent, or

2. The building occupant demonstrates to the Administrator that such disclosure may result in the release of proprietary information which can be characterized as a trade secret, or.

3. Any person subject to the requirements of this Chapter demonstrates to the Administrator that submission of an ENERGY STAR Performance Report would conflict with the requirements of State or Federal law.

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F. Deferral for Planned Demolition or Extensive Renovation. The requirements of this Chapter may be deferred for 24 months if the owner or buyer has obtained a Building Permit, Demolition Permit, or Permit under the Zoning Ordinance that includes demolition or Extensive Renovation of the subject building.

Deferrals under this Section are granted to the Building Owner and are not transferable with a building sale, at which time compliance with this Chapter shall be required.

G. Exemption for Sale of a Condominium. The requirements to submit an Energy Report with an Energy Benchmark to the Administrator shall not apply to any sale of a residential or commercial condominium that is a unit within a building and not a detached structure.

H. Low Energy Use Deferral. Buildings with low energy use based on energy billing data comparing a building to similar efficient buildings or because of operations specific to their building use, such as institutions that operate less than three days a week, may be granted a Low Energy Use deferral for the current compliance cycle.

Deferrals under this Section are granted to the Building Owner and are not transferable with a building sale, at which time compliance with this Chapter shall be required.

I. Exemption for Long-Term Tenancy under Rent Control. The requirements of this Chapter for any building which is subject to rent control in which all of the units, excluding any owner-occupied units, have leases that date prior to January 1, 1999 may be deferred until the next reporting period.

J. Unconditioned Floor Area Reclassification. The size classification of a building may be reduced by the Administrator to exclude physically separated floor area that is not served by heating, ventilation or cooling equipment.

K. Exemption based on building size. Buildings 600 square feet or a higher size threshold, as determined by the Administrator, are exempt from the requirements of this Chapter.

K. Recent Resilience Upgrades. Buildings that completed the requisite number of Resilience Upgrades, as determined by the Administrator, within the last 5 years may obtain a BESO Certificate of Compliance if the Building Owner submits sufficient proof to the Administrator.

L. Heat Pump System Exemption. 1 to 4 Unit Residential Buildings in which all units being transferred are completely served by at least one electric heat pump system or electric equivalent, as determined by the administrator, may obtain a BESO Certificate of Compliance. The Energy Report shall provide confirmation for this exemption.

M. Early Refund Exception. Owners of 1 to 4 Unit Residential Buildings may apply for early remittance of the escrow depositBuyer’s Deposit and Resilience Upgrade Payment prior to completion of the Resilience Upgrades upon demonstration that the owner has obtained building permits for the requisite Resilience Upgrades and supplied sufficient evidence that the Resilience Upgrades will be completed, as determined by

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the Administrator. If the application for an early refund is approved, the City will refund the funds deposited pursuant to BMC 19.81.060(E) to the owner so that the owner may complete the Resilience Upgrades. Once the requisite Resilience Upgrades are complete, the Owner must obtain a BESO Certificate of Compliance. In the event the property owner fails to complete the requisite Resilience Upgrades within the compliance extensionBuyer Compliance period, an administrative feecitation shall be charged, which fee is set forth in Section 19.81.1420 of this code.

N. First-Time Homebuyer Exemption. Buyers of 1 to 4 Unit Residential Buildings participating in an approved local, State, or Federal income-qualified first-time home buyer program or down payment assistance program are exempt from the Resilience Standard requirements of this chapter.

Section 7. These amendments to Berkeley Municipal Code Chapter 19.81 shall become effective on January 1, 2026.

Section 8.

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

1735042.1

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Ordinance No. 7,956-N.S. Page 1 of 4
ORDINANCE NO. 7,956-N.S.

ADDING CHAPTER 13.63 TO THE BERKELEY MUNICIPAL CODE PROHIBITING ON

THE SALE OR USE OF PRICING ALGORITHMS TO SET RENTS OR MANAGE

OCCUPANCY LEVELS FOR RESIDENTIAL DWELLING UNITS
BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. That Berkeley Municipal Code 13.63 is added to read as follows:

Chapter 13.63

PROHIBITION ON THE SALE OR USE OF PRICING ALGORITHMS TO SET RENTS

OR MANAGE OCCUPANCY LEVELS FOR RESIDENTIAL DWELLING UNITS Sections:

13.63.010 Findings and Purpose

13.63.020 Definitions

13.63.030 Use and Sale of Pricing Algorithms Prohibited

13.63.040 Remedies

13.63.050 Undertaking for the General Welfare

13.63.060 Severability

13.63.010 Findings and purpose.

The Council hereby finds and determines that the adoption of this chapter is necessary to the promotion of the public health, safety, and welfare.

A. In recent years, a number of new software programs, often referred to as “pricing algorithms”, have threatened to destabilize rental housing markets in cities nationwide, including the City of Berkeley.

B. These programs enable landlords to indirectly coordinate with one another through the sharing of data in order to artificially inflate rents and vacancy rates for rental housing.

Participating landlords provide vast amounts of proprietary data to the programs, which in turn set or provide recommendations for rent and occupancy levels.

C. More and more landlords in U.S. cities now pool their data and pricing decisions using such software.

D. The software has contributed to double-digit rent increases (over the last nine years, median rents have increased 19% in the East Bay), higher vacancy rates, and higher rates of eviction, and has generally distorted markets so that rents and vacancy rates have increased in tandem.

E. Often used by large corporate landlords, the software fuels the consolidation of corporate and private equity ownership of rental housing, at the expense of landlords large and small who are willing to play by the normal rules. Landlords using these tools are not engaging in appropriate market behavior. And the companies developing and

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Ordinance No. 7,956-N.S. Page 2 of 4
selling these tools to Berkeley landlords are not doing so either, and are contributing to these problems.

F. A 2022 class action lawsuit filed in the U.S. District Court in the Western District of Washington at Seattle (one of over 20 private class action lawsuits that have been consolidated into one case) accuses nearly 50 trade associations of serving as “conduits of the cartel” by providing a venue for RealPage and their property owners to conspire.

The lawsuit further alleges that landlords use the software to agree on prices to set for rent, and to stagger their lease renewal dates so as to avoid any oversupplies in rental properties.

G. Numerous antitrust lawsuits have been filed against certain of these companies, including RealPage, Inc. and Yardi Systems, Inc. The lawsuits allege that these companies are enabling and participating in a scheme of unlawful rent-fixing. These include a lawsuit filed by the District of Columbia Attorney General in November 2023, a lawsuit filed by the Arizona Attorney General in February 2024, and more than 20 federal private class action lawsuits filed nationwide that have been consolidated in the federal court in the Middle District of Tennessee. In August 2024, The United States Department of Justice, alongside the attorneys general of California and seven other states, filed an antitrust lawsuit against RealPage, accusing the company of reducing competition among landlords and taking over the market for such algorithm-based rental software.

H. Instead of waiting for court processes which may take years to resolve, this ordinance prohibits the sale or use of pricing algorithms for the purpose of setting rents on residential dwelling units in the city of Berkeley, to bring immediate relief to Berkeley tenants, as well as to put landlords who have been using these algorithms on equal footing with those who are willing to adhere to fair standards for setting rental rates.

I. This Chapter is not intended to prevent the development or sale of software to help landlords manage their units generally or through the use of public data. Nor does this Chapter regulate the amount of rent that a landlord may charge. This Chapter solely regulates the use and sale of the pricing algorithms that analyze and share data, to prevent the harms described above.

13.63.020 Definitions.

A. “Pricing algorithm” means any analytical or computation processes that use data to recommend or predict the price of consumer goods or services in direct or indirect coordination with one or more competitors, including through a third-party vendor such as a software program that uses one or more algorithms to perform calculations of competitor data concerning local or statewide rents or occupancy levels, for the purpose of advising landlords whether to leave their units vacant or on the amount of rent that landlords may obtain from tenants. “Pricing algorithm” includes a product that incorporates a pricing algorithm, but does not include (a) any report published by a trade association that receives renter data and publishes it in an aggregated and anonymous manner or (b) a product used for the purpose of establishing rent or income limits in accordance with the affordable housing guidelines of a local government, the state, the federal government, or other political subdivision.

B. “Competitor data” means information, including information about actual rent prices, occupancy rates, lease start and end dates, and similar data, regardless whether

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Ordinance No. 7,956-N.S. Page 3 of 4
the information is attributable to a specific competitor or anonymized, and regardless whether it is derived from or otherwise provided by another person that competes in the same market or a related market.

13.63.030 Use and sale of pricing algorithms prohibited .

A. It shall be unlawful to sell, license, or otherwise provide to city of Berkeley landlords any pricing algorithm that sets, recommends, or advises on rents or occupancy levels that may be achieved for residential dwelling units in the city of Berkeley.

B. It shall be unlawful for a landlord to use a pricing algorithm described in subsection A when setting rents or occupancy levels for residential dwelling units in the city of Berkeley. Each separate month that a violation exists or continues, and each separate residential dwelling unit for which the landlord used the pricing algorithm, shall constitute a separate and distinct violation.

13.63.040 Remedies.

A. The City Attorney may file a civil action for violations of section 13.63.030, subsections A and/or B, for damages, injunctive relief, restitution/return of illegal profits, and/or civil penalties of up to $1,000 per violation. The court shall award reasonable attorney’s fees and costs to the city Attorney if the City Attorney is the prevailing party in such a civil action.

B. A tenant may file a civil action for violations of section 13.63.030, subsection B, for injunctive relief, money damages, and/or civil penalties of up to $1,000 per violation. The court shall award reasonable attorney’s fees and costs to the tenant if the tenant is the prevailing party in such a civil action. A lease provision that limits a prevailing tenant from obtaining attorneys’ fees shall not be enforceable against a tenant’s claim for attorneys’ fees that arises under this subsection 13.63.040 B.

13.63.050 Undertaking for the general welfare.

In enacting and implementing this Chapter 13.63, the City is assuming an undertaking only to promote the general welfare. It is not assuming, nor is it imposing on its officers and employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury.

13.63.060 Severability.

If any part or provision of this Chapter, or the application of this Chapter to any person or circumstance, is held invalid, the remainder of this Chapter, including the application of such part or provision to other persons or circumstances, shall not be affected by such a holding and shall continue in full force and effect. To this end, the provisions of this Chapter are severable.

Section 2. Copies of this Ordinance shall be posted for two days prior to adoption in the display case located near the walkway in front of the Maudelle Shirek Building, 2134

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Ordinance No. 7,956-N.S. Page 4 of 4
Martin Luther King Jr. Way. Within 15 days of adoption, copies of this Ordinance shall be filed at each branch of the Berkeley Public Library and the title shall be published in a newspaper of general circulation.

At a regular meeting of the Council of the City of Berkeley held on March 11, 2025, this Ordinance was passed to print and ordered published by posting by the following vote:

Ayes: Bartlett, Blackaby, Kesarwani, Lunaparra, O’Keefe, Taplin, Tregub, and Ishii.

Noes: Humbert.

Absent: None.

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

CONSENT CALENDAR
March 25, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Mark Numainville, City Clerk
Subject: Minutes for Approval

RECOMMENDATION
Approve the minutes for the Council meetings of February 3, 2025 (closed), February 11, 2025 (special and regular), February 25 2025 (special and regular).

CONTACT PERSON
Mark Numainville, City Clerk, (510) 981-6900
Attachments:

1. February 3, 2025 – Special Closed City Council Meeting

2. February 11, 2025 – Special City Council Meeting

3. February 11, 2025 – Regular City Council Meeting

4. February 25, 2025 – Special City Council Meeting

5. February 25, 2025 – Regular City Council Meeting

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Monday, February 3, 2025 MINUTES Page 1

B E R K E L E Y C I T Y C O U N C I L

S P E C I A L M E E T I N G M I N U T E S
MONDAY, FEBRUARY 3, 2025
4:00 P.M.
2180 MILVIA STREET, BERKELEY, CA 94702

ADENA ISHII, MAYOR
Councilmembers:

To access the meeting remotely use this URL: https://cityofberkeley-info.zoomgov.com/j/1612104626. To request to speak, use the “raise hand” function in Zoom. To join by phone: Dial 1-669-254-5252 or 1-833-568-8864 (Toll Free) and enter Meeting ID: 161 210 4626. To provide public comment, Press *9 and wait to be recognized by the Chair. To submit a written communication for the public record, email [email protected].

The City Council may take action related to any subject listed on the Agenda.

Government Code Section 84308 (Levine Act) - Parties to a proceeding involving a license, permit, or other entitlement for use are required to disclose if they made contributions over $500 within the prior 12 months to any City employee or officer. Parties and participants with a financial interest are prohibited from making more than $500 in contributions to a decisionmaker for the 12 months after the final decision is rendered on the proceeding.

Attachment 1

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Monday, February 3, 2025 MINUTES Page 2
Preliminary Matters
Roll Call: 4:02 p.m.

Present: Kesarwani, Taplin, Tregub, O’Keefe, Blackaby, Lunaparra, Humbert, Ishii

Absent: Bartlett
Public Comment - Limited to items on this agenda only – 0 speakers CLOSED SESSION:

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

1. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(2)
a. WCAB Matter: #ADJ16295740; Claim #BER2200103
Action: M/S/C (Humbert/Tregub) to provide direction to outside counsel and approved a settlement by Compromise and Release without a release of future medical care, as to a workers’ compensation matter #BER2200103 and a WCAB Case Number ADJ16295740 for $530,000.

Vote: Ayes - Kesarwani, Taplin, Tregub, O’Keefe, Blackaby, Lunaparra, Humbert, Ishii; Noes – None; Abstain – None; Absent – Bartlett.
b. WCAB Matter: #ADJ3710721; Claim #BER0100193
Action: M/S/C (Humbert/Kesarwani) to provide direction to outside counsel and approved a settlement by Compromise and Release with a release of future medical care, as to a workers’ compensation matter #BER0100193 and a WCAB Case Number ADJ3710721 for $85,000.

Vote: Ayes - Kesarwani, Taplin, Tregub, O’Keefe, Blackaby, Lunaparra, Humbert, Ishii; Noes – None; Abstain – None; Absent – Bartlett.

2. CONFERENCE WITH LABOR NEGOTIATORS; GOVERNMENT CODE SECTION 54957.6 Negotiators: Paul Buddenhagen, City Manager, Tasha Tervalon, Deputy City Manager, Sharon Friedrichsen, Deputy City Manager, Aram Kouyoumdjian, Human Resources Director, Monica Walker, Human Resources Manager, Chaka Young, Employee Relations Manager Employee Organizations: Berkeley Fire Fighters Association Local 1227 I.A.F.F., Berkeley Fire Fighters Association, Local 1227 I.A.F.F. / Berkeley Chief Fire Officers Association; Berkeley Police Association; SEIU 1021 Community Services and Part-time Recreation Activity Leaders, SEIU 1021 Maintenance and Clerical, Public Employee Union Local 1, Unrepresented Employees Action: No reportable action taken.

OPEN SESSION:

The City Council met in closed session on February 3, 2025, Pursuant to Government Code Section 54956.9(d)(2) and provided directions to outside counsel and approved a settlement by Compromise and Release without a release of future medical care, as to a workers’ compensation matter #BER2200103 and a WCAB Case Number ADJ16295740.

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Monday, February 3, 2025 MINUTES Page 3
The City Council met in closed session on February 3, 2025, Pursuant to Government Code Section 54956.9(d)(2) and provided directions to outside counsel and approved a settlement by Compromise and Release with a release of future medical care, as to a workers’ compensation matter #BER0100193 and a WCAB Case Number ADJ3710721.

Adjournment
Action: M/S/C (Ishii/Lunaparra) to adjourn the meeting.

Vote: Ayes - Kesarwani, Taplin, Tregub, O’Keefe, Blackaby, Lunaparra, Humbert, Ishii; Noes – None; Abstain – None; Absent – Bartlett.

Adjourned at 4:32 p.m.

I hereby certify that the foregoing is a true and correct record of the closed session meeting held on February 3, 2025.
________________________
Mark Numainville, City Clerk

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Tuesday, February 11, 2025 MINUTES Page 1

M I N U T E S

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

B E R K E L E Y C I T Y C O U N C I L
Tuesday, February 11, 2025
4:00 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702

ADENA ISHII, MAYOR
Councilmembers:

DISTRICT 1 – RASHI KESARWANI DISTRICT 5 – SHOSHANA O’KEEFE DISTRICT 2 – TERRY TAPLIN DISTRICT 6 – BRENT BLACKABY
DISTRICT 3 – BEN BARTLETT DISTRICT 7 – CECILIA LUNAPARRA DISTRICT 4 – IGOR TREGUB DISTRICT 8 – MARK HUMBERT
This meeting will be conducted in a hybrid model with both in-person attendance and virtual participation. Live captioned broadcasts of Council meetings are available on B-TV (Channel 33) and via internet video stream at http://berkeley.granicus.com/MediaPlayer.php?publish_id=1244. All Council meetings are recorded.

To access the meeting remotely use this URL: https://cityofberkeley-info.zoomgov.com/j/1618982548. To request to speak, use the “raise hand” function in Zoom. To join by phone: Dial 1-669-254-5252 or 1-833-568-8864 (Toll Free) and enter Meeting ID: 161 898 2548 . To provide public comment, Press *9 and wait to be recognized by the Chair. To submit a written communication for the public record, email [email protected].

The City Council may take action related to any subject listed on the Agenda.

Government Code Section 84308 (Levine Act) - Parties to a proceeding involving a license, permit, or other entitlement for use are required to disclose if they made contributions over $500 within the prior 12 months to any City employee or officer. Parties and participants with a financial interest are prohibited from making more than $500 in contributions to a decisionmaker for the 12 months after the final decision is rendered on the proceeding.

Attachment 2

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Tuesday, February 11, 2025 MINUTES Page 2
Preliminary Matters
Roll Call: 4:08 p.m.

Present: Taplin, Tregub, O’Keefe, Blackaby, Lunaparra, Humbert, Ishii

Absent: Kesarwani, Bartlett
Councilmember Bartlett present at 4:19 p.m.

Councilmember Kesarwani present at 4:20 p.m.

Action Calendar – New Business
1a. Effective Mitigations for Berkeley’s Ember Resilience (EMBER): Fire Code Amendments
From: City Manager
Recommendation: Provide feedback and direction on next steps for consideration or implementation of the following three proposals:

Proposal 1: Create a Berkeley Fire Zone 4 within the Fire Code to include – at minimum - the areas between Wildcat Canyon Rd. to the east, Grizzly Peak Blvd to the west, and the Berkeley City Limits to the south and north; Proposal 2: Repeal the Berkeley Fire Code (BMC Chapter 19.48) and reenact BMC Chapter 19.48 to include an ember resistant “Zone Zero” and other defensible space best practices (Attachment 1) and schedule a Public Hearing for the first reading on March 25, 2025 pursuant to state law; and
Proposal 3: Research the Quantifying the Negative (QTN) approach, a methodology that measures the economic value of fire services by quantifying the losses it prevents and how it may be applied to quantify the value of the EMBER initiative, which staff would bring back to City Council no later than December 2025.

Financial Implications: See report
Contact: David Sprague, Fire, (510) 981-3473
Action: 40 speakers. M/S/C (Blackaby/Humbert) to:

1. Refer Items 1a, 1b, and 1c to the City Manager for 1) additional public outreach; 2) consideration of feedback from the Council and the public; and 3) to refine the proposals and present them to the Council for adoption in March 2025 or as noted in the item.

2. Refer Item 1d to the City Manager as written in the recommendation.

Vote: All Ayes.

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Action Calendar – New Business
Tuesday, February 11, 2025 MINUTES Page 3
1b. Effective Mitigations for Berkeley’s Ember Resilience (EMBER): Building Code Amendments
From: City Manager
Recommendation: Staff will return to Council by the end of 2025 with a resolution for the triannual adoption of the existing Berkeley Building, Historical and Fire Codes that will be applicable to Berkeley Fire Zone 3 and 4. These amendments to the 2025 California Building Standards will strengthen defenses against ignition of structures from embers, radiant heat and direct flame impingement during wildfire. Staff seeks Council’s input on this proposal and plan to return to Council at the end of 2025 with a resolution proposed for adoption that incorporates the Council’s feedback.

The amendments may include but are not limited to requiring Class A roofs during partial replacement of non-compliant roof and roof structures, requiring replacement of combustible siding with California Building Code (CBC) Chapter 7A compliant siding during partial replacements, installation of metal gutters and screens, installation of Chapter 7A compliant vents or vent screens, replacement of combustible decks and fences with Chapter 7A compliant materials and design during partial replacement, and six inches of vertical separation measured from the ground to any combustible siding.

Because of the fiscal impact that some of this work will have for homeowners, staff plans to investigate Federal, State or Municipal programs that would provide incentives and loans for improvements to existing non-compliant homes that focus on the highest priority items, such as roof material, siding, decks, ember resistant vents, and a 6” vertical separation between the siding and the ground at the base of a home near the foundation.

Financial Implications: See report
Contact: David Sprague, Fire, (510) 981-3473
Action: See action listed under Item 1a.
1c. Effective Mitigations for Berkeley’s Ember Resilience (EMBER): Leave Early and Fire Department Staffing
From: City Manager
Recommendation: Provide insights, feedback and input on two proposals below as well as desired next steps:

1. Proposal 1: Evaluate the thresholds for the City’s Extreme Fire Weather designation and the National Oceanic and Atmospheric Administration’s (NOAA) Particularly Dangerous Situation (PDS) designation, considering how use of each would impact the City’s “Leave Early” concept. Staff propose returning to City Council no later than the 2nd week of May 2025; and

2. Proposal 2: Affirm City Council support for Fire Department staffing recommendations 1, 5, 6, and 10 from the Fire Department Standards of Coverage and Community Risk Assessment (SOC) study.

Financial Implications: See report
Contact: David Sprague, Fire, (510) 981-3473
Action: See action listed under Item 1a.

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Action Calendar – New Business
Tuesday, February 11, 2025 MINUTES Page 4
1d. Request Inter-Departmental Collaboration and Implementation of Safe Passages
From: Councilmember Blackaby (Author), Councilmember Humbert (Co- Sponsor), Councilmember O'Keefe (Co-Sponsor)
Recommendation: Refer to the City Manager to direct the Departments of Public Works, Police and Fire to work collaboratively to implement Safe Passages Program – EMBER Initiative Phase 1 and 2 and report back to City Council on progress no later than the 2nd week of May 2025. This program will further facilitate responder ingress and community evacuation during wildfires by developing a plan to create and enforce no-parking zones in addition to existing 24/7/365 red curbs and no- parking zones during extreme fire weather conditions and/or the broader fire season.

Financial Implications: See report
Contact: Brent Blackaby, Councilmember, District 6, (510) 981-7160 Action: See action listed under Item 1a. Councilmember Taplin added as a co- sponsor in Supplemental Communications Packet #2 from Councilmember Blackaby.

Adjournment
Action: M/S/C (Taplin/Tregub) to adjourn the meeting.

Vote: All Ayes.

Adjourned at 6:23 p.m.

I hereby certify that the foregoing is a true and correct record of the City Council special meeting held on February 11, 2025.
________________________
Mark Numainville, City Clerk
Communications
 None
Supplemental Communications and Reports 1
 None
Supplemental Communications and Reports 2
Item #1a: Effective Mitigations for Berkeley’s Ember Resilience (EMBER): Fire Code Amendments

1. Yen Trac

2. Gail Machlis

3. Janice Thomas

4. John E. Rosenthal

5. Leah Rosenthal

6. David Lerman

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Tuesday, February 11, 2025 MINUTES Page 5

7. Sara Sanderson

8. Alfred Twu

9. Michel G. Thouati
Item #1d: Request Inter-Departmental Collaboration and Implementation of Safe Passages

10.Revised agenda material submitted by Councilmember Brent Blackaby Supplemental Communications and Reports 3
Item #1a: Effective Mitigations for Berkeley’s Ember Resilience (EMBER): Fire Code Amendments
Item #1b: Effective Mitigations for Berkeley’s Ember Resilience (EMBER):

Building Code Amendments
Item#1c: Effective Mitigations for Berkeley’s Ember Resilience (EMBER): Leave Early and Fire Department Staffing
Item #1d: Request Inter-Departmental Collaboration and Implementation of Safe Passages

11.Presentation submitted by the Berkeley Fire Department

12.John S. Robey

13.Patrick Buechner

14.Caroline Winnett (2)

15.Susan and Roy Bogas

16.Frederique Wynberg and Thomas Hutcheson

17.Isabelle Gaston

18.Ruth Ehrenkrantz

19.Katie Johnson

20.Daniel Levine

21.Residents on Berkeley Hills

22.Marcus von Engel

23.David Lerman

24.Robin Kibby

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Tuesday, February 11, 2025 MINUTES Page 1

MINUTES

BERKELEY CITY COUNCIL MEETING
Tuesday, February 11, 2025
6:00 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702

ADENA ISHII, MAYOR
Councilmembers:

DISTRICT 1 – RASHI KESARWANI DISTRICT 5 – SHOSHANA O’KEEFE DISTRICT 2 – TERRY TAPLIN DISTRICT 6 – BRENT BLACKABY
DISTRICT 3 – BEN BARTLETT DISTRICT 7 – CECILIA LUNAPARRA DISTRICT 4 – IGOR TREGUB DISTRICT 8 – MARK HUMBERT
This meeting will be conducted in a hybrid model with both in-person attendance and virtual participation. Live captioned broadcasts of Council meetings are available on B-TV (Channel 33) and via internet video stream at http://berkeley.granicus.com/MediaPlayer.php?publish_id=1244. All Council meetings are recorded.

The City Council may take action related to any subject listed on the Agenda.

Government Code Section 84308 (Levine Act) - Parties to a proceeding involving a license, permit, or other entitlement for use are required to disclose if they made contributions over $500 within the prior 12 months to any City employee or officer. Parties and participants with a financial interest are prohibited from making more than $500 in contributions to a decisionmaker for the 12 months after the final decision is rendered on the proceeding.

Attachment 3

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Tuesday, February 11, 2025 MINUTES Page 2
Preliminary Matters
Roll Call: 6:50 p.m.

Present: Kesarwani, Taplin, Bartlett, Tregub, O’Keefe, Blackaby, Lunaparra, Humbert, Ishii

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

Ceremonial Matters:

1. Adjourn in Memory of the Stabbing Victim at San Pablo Park

2. Adjourn in Memory of Elise Lusk, Traffic Violence Victim at Ada Street and California Street

3. Adjourn in Memory of Gwen McNeal, Berkeley Community Member

4. Adjourn in Memory of Michael Burawoy, Retired UC Berkeley Professor City Manager Comments: None
Public Comment on Non-Agenda Matters: 10 speakers.

Public Comment by Employee Unions: 1 speaker.

Consent Calendar
Public Comment on Consent Calendar and Information Items Only: 30 speakers.

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

Vote: All Ayes.

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Consent Calendar
Tuesday, February 11, 2025 MINUTES Page 3

1. Minutes for Approval
From: City Manager
Recommendation: Approve the minutes for the Council meetings of December 3, 2024 (closed, special, and regular), December 10, 2024 (special and regular).

Financial Implications: None
Contact: Mark Numainville, City Clerk, (510) 981-6900
Action: Approved the minutes as submitted.

2. Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on February 11, 2025
From: City Manager
Recommendation: Approve the request for proposals or invitation for bids (attached to staff report) that will be, or are planned to be, issued upon final approval by the requesting department or division. All contracts over the City Manager’s threshold will be returned to Council for final approval.

Financial Implications: Various Funds - $848,000
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Approved recommendation.

3. Contract No. 32300108 Third Amendment: Street Level Advisors, LLC for Housing Consulting Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or designee to execute a third amendment to Contract No. 32300108 with Street Level Advisors, LLC increasing the contract by $180,000 for consulting services in a total amount not to exceed $379,500, with a contract end date of June 30, 2026.

Financial Implications: See report
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 71,659–N.S.

4. Program Manager II Classification: 5% Differential for Assignment in City Manager’s Office
From: City Manager
Recommendation: Adopt a Resolution amending the Unrepresented Employee Manual to add a 5% salary differential to Program Manager II positions assigned to the City Manager’s Office.

Financial Implications: See report
Contact: Aram Kouyoumdjian, Human Resources, (510) 981-6800 Action: Adopted Resolution No. 71,660–N.S.

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Consent Calendar
Tuesday, February 11, 2025 MINUTES Page 4

5. Contract No. 32000223 Amendment: Gray Quarter, Inc. for Accela Professional Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32000223 with Gray Quarter, Inc. (Gray Quarter) for professional services, increasing the amount by $120,000, for a total not-to-exceed amount of $419,500 through January 31, 2026
Financial Implications: U1 Admin Fund - $120,000
Contact: Kevin Fong, Information Technology, (510) 981-6500 Action: Adopted Resolution No. 71,661–N.S.

Council Consent Items

6. Resolution in Support of the Commissioning of a California Feasibility Study to Implement “Golden State Energy,” a Not-for-Profit Public Utility Model From: Councilmember Tregub (Author), Councilmember Lunaparra (Author) Recommendation: Adopt a resolution in support of the allocation of state fiscal and staff resources to commission a feasibility study that compares various not-for-profit utility models prioritizing public benefits in energy generation, distribution, and transmission; the development an equitable implementation plan that establishes a statewide successor entity known as “Golden State Energy” as a successor to investor-owned utilities such as Pacific Gas and Electric; and transmittal of the Council’s support of such a resolution to Governor Gavin Newsom, Senator Jesse Arreguín (SD7) and Assemblymember Buffy Wicks (AD14).

Financial Implications: See report.

Contact: Igor Tregub, Councilmember, District 4, (510) 981-7140 Action: Adopted Resolution No. 71,662–N.S. as revised in Supplemental Communications Packet #2 from Councilmember Tregub.

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Action Calendar – New Business
Tuesday, February 11, 2025 MINUTES Page 5

7. Refer to City Manager study of intersections with traffic diverters From: Councilmember Humbert (Author), Councilmember O'Keefe (Co- Sponsor), Councilmember Blackaby (Co-Sponsor)
Recommendation: Refer to the City Manager a request to have staff prioritize study of intersections that include traffic diverters but do not feature stop signs; additionally, staff are requested to review past Council referrals for adoption of National Association of City Transportation Officials (NACTO) street design standards and provide an update on the status and timeline for meeting past policy directives. Examples of intersections to be studied include but are not limited to: - Ada and California Street; - Grant Street and Berkeley Way; - Yolo and Milvia Street; - McGee and Virginia Street; - Derby and Mabel Streets; - Piedmont and Russell Street; - Hillegass and Woolsey Street; - Park and Russell Street; - Mabel and Russell Street.

Financial Implications: See report
Contact: Mark Humbert, Councilmember, District 8, (510) 981-7180 Action: Councilmember Tregub added as a co-sponsor. Approved recommendation as revised in Supplemental Communications Packet #2 from Councilmember Humbert.

Recess 8:06 p.m. – 8:18 p.m.

Action Calendar – New Business

8. 2009 Leases Audit Follow-Up: Berkeley Faces the Same Risks 16 Years Later From: Auditor
Recommendation: Our recommendations include clarifying roles and responsibilities for lease oversight, updating the lease policy, and developing a complete central list of leases and licenses. We recommend City Council request that the City Manager report back during the next follow-up period in fall 2025, and every year thereafter, regarding the status of the 8 re-opened recommendations until reported fully implemented by the Public Works Department and City Manager’s Office. They have agreed to our findings, re-opened recommendations, and guidance for implementing the recommendations. Please see our report for their complete response.

Financial Implications: See report
Contact: Jenny Wong, Auditor, (510) 981-6750
Action: 2 speakers. Presentation made and discussion held. M/S/C (Taplin/Blackaby) to approve the recommendation from the City Auditor.

Vote: All Ayes.

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Action Calendar – New Business
Tuesday, February 11, 2025 MINUTES Page 6

9. Proposed Amendments to the Building Emissions Saving Ordinance (BESO) From: City Manager
Recommendation: Adopt the first reading of amendments to the Building Emissions Saving Ordinance (BESO), Chapter 19.81 of the Berkeley Municipal Code, to establish a flexible resilience standard for small residential buildings containing up to four units.

Financial Implications: See report
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: 17 speakers. M/S/C (Kesarwani/Blackaby) to: 1) adopt first reading of Ordinance No. 7,953-N.S. amended to establish the escrow deposit amount at $5,000; 2) refer the 50/50 buyer/seller split to the City Attorney for analysis; 3) refer to the City Manager to award six points for panel upgrades; and 4) request an evaluation report three years after implementation. Second reading scheduled for March 25, 2025.

Vote: All Ayes.

Report from Closed Session
The City Council met in closed session on February 3, 2025, Pursuant to Government Code Section 54956.9(d)(2) and provided direction to outside counsel and approved a settlement by Compromise and Release without a release of future medical care, as to a workers’ compensation matter #BER2200103 and a WCAB Case Number ADJ16295740.

The City Council met in closed session on February 3, 2025, Pursuant to Government Code Section 54956.9(d)(2) and provided direction to outside counsel and approved a settlement by Compromise and Release with a release of future medical care, as to a workers’ compensation matter #BER0100193 and a WCAB Case Number ADJ3710721.

Information Reports

10. FY 2024 Fourth Quarter Investment Report: Ended June 30, 2024 From: City Manager
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Received and filed.

11. LPO NOD: 1310 University Avenue/#LMSA2024-0001
From: City Manager
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: Received and filed.

12. LPO NOD: 2500-12 San Pablo Avenue/#LMIN2024-0004
From: City Manager
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: Received and filed.

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Tuesday, February 11, 2025 MINUTES Page 7
Public Comment – Items Not Listed on the Agenda – 10 speakers.

Adjournment
Action: M/S/C (Humbert/Bartlett) to adjourn the meeting.

Vote: Ayes – Kesarwani, Bartlett, Tregub, O’Keefe, Blackaby, Lunaparra, Humbert, Ishii; Noes – None; Absent – Taplin.

Adjourned at 10:46 p.m.

I hereby certify that the foregoing is a true and correct record of the City Council regular meeting held on February 11, 2025.
________________________
Mark Numainville, City Clerk
Communications
Item #7: Refer to City Manager study of intersections with traffic diverters From: Councilmember Humbert (Author), Councilmember O'Keefe (Co-Sponsor), Councilmember Blackaby (Co-Sponsor)

1. David Lerman (2)

2. Shirley Kirsten

3. Sandra Sanchez

4. Mike Dunham

5. Aviv Nitsan

6. Charles Siegel

7. Helga Recke
Missing Middle

8. Caephran McKenna (2)
Civic Center

9. Leah Amzel

10.Nicole Herron

11.Kathi Pugh and Josh Maddox

12.Marnie Ganotis
UA Theater

13.Carol Denney

14.Melanie Lawrence and family

15.Laura Linden

16.Arlene Oweichik
Public Restroom Plans

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Tuesday, February 11, 2025 MINUTES Page 8

17.Dr. Nicola Spence and Hans Reinhardt on behalf of Alpha Design Custom Furniture

18.Aimee Baldwin and Meryl Siegal

19.Carol Denney

20.Carol Crooks

21.Dirk
Planning Commission Meetings

22.Bernard Marszalek

23.Carol Denney
Protecting Berkeley

24.Elliot Peters
Fire Concerns

25.Jeffrey Heller

26.Leah and Rosenthal, Ellen Feingenbaum and Peter Schwab (2)

27.Yen Trac (2)

28.Anna Rabkin

29.Yelda Bartlett (2)

30.Jennifer Lombardi (2)

31.Samantha Johnston

32.Isabelle Gaston

33.Kris Hill
UC Berkeley Class

34.Igal Fridman

35.Mark Eckstein
Safety Concerns

36.David Lerman

37.Gina Rieger
Emergency Calls

38.Ory Sandel
Tedx Berkeley

39.Shreeya Julakanti
Community Conversations

40.Nigel
Chess Club

41.Jesse Sheehan (2)
Traffic Data

42.Margot Smith

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Tuesday, February 11, 2025 MINUTES Page 9
Liability for Falling Trees

43.Jim Haydel
OLA at Berkeley Marina

44.Barbara Shayesteh
Speed Tables Treatments

45.Sandra Sanchez

46.Naveen Gattu
Strawberry Creek Park – Bike Parking

47.Mariah Lauritzen
Shattuck Ave Repairs

48.Liz Horowitz
Amtrak Parking

49.Kevin Mei (2)
2nd Street Encampment

50.Yesica Prado and Gordon Gilmore
7th Annual Galo Day Festival

51.Nes Marco Morales
Fireworks

52.Anne Herrick
Letter

53.Eid
Puppies on Center Street

54.Cash Levi Caris
Restaurant Park-lets

55.Martha Stackawicz
BACs STAIRS

56.Ann Marie Davis
Sidewalk Repair

57.Emerald Canary
Encampment Sweeps

58.Russell Bates

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Tuesday, February 11, 2025 MINUTES Page 10

59.Nancy Halloran

60.Ellie Matejka

61.Rebecca Salsburg-Frank
Encampment Concern

62.Manasi Panditrao
Housing Choice Voucher

63.Hector91 Phuentes
Response to Request

64.Jack Kurzweil

65.Cindy Shamban
Fund Request

66.Henry DeNero
URL’s

67.Russbumper (10)

68.Josh Atwood
Forwards

69.Russbumper
Supplemental Communications and Reports 1
Item #7: Refer to City Manager study of intersections with traffic diverters From: Councilmember Humbert (Author), Councilmember O'Keefe (Co-Sponsor), Councilmember Blackaby (Co-Sponsor)

70.Arvil

71.Shirley Kirsten (4)

72.Riti Dhesi

73.Sandra Sanchez

74.David Lerman

75.Sperberstein

76.David Fielder

77.Becca Freed

78.Erik Fowle

79.Charles Siegel on behalf of Walk Bike Berkeley
Item #8: 2009 Leases Audit Follow-Up: Berkeley Faces the Same Risks 16 Years Later

80.Supplemental agenda material submitted by Jenny Wong, City Auditor Item #9: Proposed Amendments to the Building Emissions Saving Ordinance (BESO)

81.Kiran Shenoy on behalf of the Bridge Association of Realtors

82.Ted Obbard

83.Tom Graly

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Tuesday, February 11, 2025 MINUTES Page 11

84.Sam Fishman

85.Michael Roberts

86.John F. Arens
Supplemental Communications and Reports 2
Item #6: Resolution in Support of the Commissioning of a California Feasibility Study to Implement “Golden State Energy,” a Not-for-Profit Public Utility Model

87.Revised agenda material submitted by Councilmember Tregub and Councilmember Lunaparra

88.Chris Hamilton

89.MaryAnn Furda

90.Margo Schueler

91.Emily Ross
Item #7: Refer to City Manager study of intersections with traffic diverters

92.Supplemental agenda material submitted by Councilmember Humbert, Councilmember O’Keefe, Councilmember Blackaby, and Councilmember Tregub

93.Samantha Swor

94.Holly Scheider

95.Marjorie Alvord

96.Charles Siegel
Item #9: Proposed Amendments to the Building Emissions Saving Ordinance (BESO)

97.Revised agenda material submitted by Councilmember Kesarwani

98.Mara Plotkin

99.Simon Black
100. Csilla Kenny
101. Albert Nahman
102. Josh Gutwill
103. Candace Hyde-Wang on behalf of the LWVBAE
104. Tom Lent
105. Ariella Granett
106. Bhima Sheridan
107. Christopher Polk
108. Taree Klausner
109. Veronica Tamsitt
110. Jeannette MacMillan
111. Frances C. Moore
112. Jane Scantlebury
Supplemental Communications and Reports 3
Item #6: Resolution in Support of the Commissioning of a California Feasibility Study to Implement “Golden State Energy,” a Not-for-Profit Public Utility Model 113. Ashley McClure
114. Noel Forest
Item #9: Proposed Amendments to the Building Emissions Saving Ordinance (BESO)

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Tuesday, February 11, 2025 MINUTES Page 12
115. Presentation submitted by the Office of Energy & Sustainable Development
116. Avi Shapiro
117. Bret Andrews
118. Alden Mudge
119. Alison LaBonte
120. Helena K. Liber
121. Julie Obbard
122. Erin Sherman
123. Barry Fike
124. Saundra Wolfe
125. Ben Gould
Miscellaneous
126. Rincon Consultants, Inc.

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Tuesday, February 25, 2025 MINUTES Page 1

M I N U T E S

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

B E R K E L E Y C I T Y C O U N C I L
Tuesday, February 25, 2025
4:00 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702

ADENA ISHII, MAYOR
Councilmembers:

DISTRICT 1 – RASHI KESARWANI DISTRICT 5 – SHOSHANA O’KEEFE DISTRICT 2 – TERRY TAPLIN DISTRICT 6 – BRENT BLACKABY
DISTRICT 3 – BEN BARTLETT DISTRICT 7 – CECILIA LUNAPARRA DISTRICT 4 – IGOR TREGUB DISTRICT 8 – MARK HUMBERT
This meeting will be conducted in a hybrid model with both in-person attendance and virtual participation. Live captioned broadcasts of Council meetings are available on B-TV (Channel 33) and via internet video stream at http://berkeley.granicus.com/MediaPlayer.php?publish_id=1244. All Council meetings are recorded.

To access the meeting remotely use this URL: https://cityofberkeley-info.zoomgov.com/j/1608430091. To request to speak, use the “raise hand” function in Zoom. To join by phone: Dial 1-669-254-5252 or 1-833-568-8864 (Toll Free) and enter Meeting ID: 160 843 0091 . To provide public comment, Press *9 and wait to be recognized by the Chair. To submit a written communication for the public record, email [email protected].

The City Council may take action related to any subject listed on the Agenda.

Government Code Section 84308 (Levine Act) - Parties to a proceeding involving a license, permit, or other entitlement for use are required to disclose if they made contributions over $500 within the prior 12 months to any City employee or officer. Parties and participants with a financial interest are prohibited from making more than $500 in contributions to a decisionmaker for the 12 months after the final decision is rendered on the proceeding.

Attachment 4

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Tuesday, February 25, 2025 MINUTES Page 2
Preliminary Matters
Roll Call: 4:17 p.m.

Present: Taplin, Bartlett, Tregub, O’Keefe, Blackaby, Lunaparra, Humbert, Ishii

Absent: Kesarwani
Worksession

1. Berkeley Economic Dashboards Update
From: City Manager
Contact: Eleanor Hollander, Economic Development, (510) 981-7530 Action: 4 speakers. Presentation made and discussion held.

Adjournment
Action: M/S/C (Humbert/O’Keefe) to adjourn the meeting.

Vote: Ayes - Taplin, Bartlett, Tregub, O’Keefe, Blackaby, Lunaparra, Humbert, Ishii; Noes – None; Abstain – None; Absent – Kesarwani.

Adjourned at 5:27 p.m.

I hereby certify that the foregoing is a true and correct record of the City Council special meeting held on February 25, 2025.
________________________
Rose Thomsen, Deputy City Clerk
Communications
 None
Supplemental Communications and Reports 1
 None
Supplemental Communications and Reports 2
 None
Supplemental Communications and Reports 3
Item #1: Berkeley Economic Dashboards Update

1. Presentation submitted by the Office of Economic Development

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Tuesday, February 25, 2025 MINUTES Page 1

MINUTES

BERKELEY CITY COUNCIL MEETING
Tuesday, February 25, 2025
6:00 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702

ADENA ISHII, MAYOR
Councilmembers:

DISTRICT 1 – RASHI KESARWANI DISTRICT 5 – SHOSHANA O’KEEFE DISTRICT 2 – TERRY TAPLIN DISTRICT 6 – BRENT BLACKABY
DISTRICT 3 – BEN BARTLETT DISTRICT 7 – CECILIA LUNAPARRA DISTRICT 4 – IGOR TREGUB DISTRICT 8 – MARK HUMBERT
This meeting will be conducted in a hybrid model with both in-person attendance and virtual participation. Live captioned broadcasts of Council meetings are available on B-TV (Channel 33) and via internet video stream at http://berkeley.granicus.com/MediaPlayer.php?publish_id=1244. All Council meetings are recorded.

The City Council may take action related to any subject listed on the Agenda.

Government Code Section 84308 (Levine Act) - Parties to a proceeding involving a license, permit, or other entitlement for use are required to disclose if they made contributions over $500 within the prior 12 months to any City employee or officer. Parties and participants with a financial interest are prohibited from making more than $500 in contributions to a decisionmaker for the 12 months after the final decision is rendered on the proceeding.

Attachment 5

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Tuesday, February 25, 2025 MINUTES Page 2
Preliminary Matters
Roll Call: 6:02 p.m.

Present: Kesarwani, Taplin, Bartlett, Tregub, O’Keefe, Blackaby, Lunaparra, Humbert, Ishii

Ceremonial Matters: None.

City Manager Comments: None.

Public Comment on Non-Agenda Matters: 10 speakers.

Action: M/S/C (Tregub/Humbert) to accept an urgency item from Mayor Ishii pursuant to Government Code Section 54954.2(b)(2) entitled Additional 2025 Council Appointments.

Vote: All Ayes
Consent Calendar
Public Comment on Consent Calendar and Information Items Only: 17 speakers.

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

Vote: All Ayes.

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Consent Calendar
Tuesday, February 25, 2025 MINUTES Page 3
Urgent Item: Additional 2025 Council Appointments
From: Mayor Ishii (Author)
Recommendation: Adopt a Resolution approving a change in appointment to the 2x2 Partnership Committee, one change in appointment to the JPA Lead Abatement body, and on additional appointment to the AC Transit/Berkeley Interagency Liaison Committee, for a term ending on January 31, 2026 or until new appointments are made.

Financial Implications: None
Contact: Adena Ishii, Mayor, (510) 981-7100
Action: Adopted Resolution No. 71,663–N.S.

1. Minutes for Approval
From: City Manager
Recommendation: Approve the minutes for the Council meeting of January 21, 2025 (regular).

Financial Implications: None
Contact: Mark Numainville, City Clerk, (510) 981-6900
Action: Approved the minutes as submitted.

2. Grant Application: National Endowment for the Arts Grant ($150,000) From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or their designee to submit a grant application to the National Endowment for the Arts (NEA) to receive up to $150,000 for a Civic Arts grant program, to accept the grant if awarded; and to execute any resulting grant agreements and any amendments. If received, the funds would support the Arts Programs Grant category and would be regranted to nonprofit organizations for arts and cultural programming within the City of Berkeley in Fiscal Year 2027.

Financial Implications: See report
Contact: Eleanor Hollander, Economic Development, (510) 981-7530 Action: Adopted Resolution No. 71,664–N.S.

3. Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on February 25, 2025
From: City Manager
Recommendation: Approve the request for proposals or invitation for bids that will be, or are planned to be, issued upon final approval by the requesting department or division. All contracts over the City Manager’s threshold will be returned to Council for final approval.

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Approved recommendation.

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Consent Calendar
Tuesday, February 25, 2025 MINUTES Page 4

4. Contract: Forster & Kroeger Landscape Maintenance for Chipping Services From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or his designee to execute a contract and any amendments, with Forster & Kroeger Landscape Maintenance to provide Chipping Services for three years from March 1, 2025 until February 29, 2028 with the option to extend for two additional one-year terms in the amount not to exceed $1,400,000.

Financial Implications: See report
Contact: David Sprague, Fire, (510) 981-3473
Action: Adopted Resolution No. 71,665–N.S.

5. Contract No. 32300185 Amendment: JSI Research & Training Institute, Inc. for Community Health Assessment, Innovation, and Improvement Plan Consultant From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or his designee to execute an amendment to Contract No. 32300185 with JSI Research & Training Institute, Inc increasing the contract by $25,000 to serve as a Community Health Assessment, Innovation, and Improvement Plan consultant for the City of Berkeley’s Health, Housing, and Community Services Department (HHCS) in a total amount not to exceed $274,413 with a contract end date of November 1, 2025.

Financial Implications: See report
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 71,666–N.S.

6. Berkeley Police Association – Amendments to Retiree Medical Benefits From: City Manager
Recommendation: Adopt a Resolution approving a side letter between the City of Berkeley and the Berkeley Police Association amending Sections 32.3, 32.5, and

32.6 of the City’s Memorandum of Understanding (MOU) with the union to expand and clarify existing provisions that pertain to retiree health benefits.

Financial Implications: None
Contact: Monica Walker, Human Resources, (510) 981-6800 Action: Adopted Resolution No. 71,667–N.S.

7. ***Item Removed by the City Manager*** Contract No. 32000118 Amendment:

Nexgen Asset and Work Order Management Software Maintenance From: City Manager
Contact: Kevin Fong, Information Technology, (510) 981-6500

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Consent Calendar
Tuesday, February 25, 2025 MINUTES Page 5

8. Contract No. 105921-1 Amendment: TruePoint Solutions, LLC for Professional Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or his designee to amend Contract No. 105921-1 with TruePoint Solutions, LLC for professional services, increasing the amount by $180,000, for a total not-to-exceed amount of $1,477,200 and extending the term by two years for the term beginning June 1, 2015 to June 30, 2027.

Financial Implications: See report
Contact: Kevin Fong, Information Technology, (510) 981-6500 Action: Adopted Resolution No. 71,668–N.S.

9. Contract: Ashlar Structural LLC for Strawberry Creek Culvert Maintenance Project – Phase 1 (Specification No. 25-11689-C)
From: City Manager
Recommendation: Adopt a Resolution: 1. Approving plans and specifications for the Strawberry Creek Culvert Maintenance Project – Phase 1; and 2. Accepting the bid of Ashlar Structural LLC (Ashlar Structural) as the lowest, responsive and responsible bidder; and 3. Authorizing the City Manager or his designee to execute a contract and any amendments, extensions, or other change orders until completion of the project, in accordance with the approved plans and specifications in an amount not to exceed $4,544,232.

Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300
Action: Adopted Resolution No. 71,669–N.S.

10. Contract: Mark Lee and Yong Kay, Inc., DBA Bay Construction Co. for Fire Station #2 Improvements Project
From: City Manager
Recommendation: Adopt a Resolution: 1. Approving plans and specifications for Fire Station #2 Improvements (Project), Specification No. 23-11575-C; and 2.

Accepting the bid of Mark Lee and Yong Kay, Inc., DBA Bay Construction Co. as the lowest, responsive and responsible bidder; and 3. Authorizing the City Manager to execute a contract and any amendments, extensions, or change orders until the Project is completed in accordance with the approved plans and specifications for an amount not to exceed $1,104,000, which includes a contingency of $184,000.

Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300
Action: Adopted Resolution No. 71,670–N.S.

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Consent Calendar
Tuesday, February 25, 2025 MINUTES Page 6

11. Contract No. 32500082 Amendment: Telegraph Property and Business Management Corporation
From: City Manager
Recommendation: Adopt a Resolution amending Contract No. 32500082 with the Telegraph Property and Business Management Corporation, commonly known as the Telegraph Business Improvement District, for the janitorial maintenance of the new 24 hour, 7 days a week (24/7), public restroom with a new not to exceed amount of $150,000 and extend the contract through June 30, 2026.

Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300
Action: Adopted Resolution No. 71,671–N.S.

12. Contract No. 32500098 Amendment: Pacific Site Management: Landscaping Services for Public Works Department
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32500098 with Pacific Site Management to increase the spending authority by $150,000 for a new total not to exceed of $300,000 and extend the contract through June 30, 2027.

Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300
Action: Adopted Resolution No. 71,672–N.S.

Council Consent Items

13. Supporting the Free and Safe Passage of Whales, Sea Turtles, and other Marine Animals in the San Francisco Bay Area’s Coastal Waters and the State Of California’s Vision Zero Target of Zero Mortality for Whales and Sea Turtles From: Councilmember Lunaparra (Author), Councilmember O'Keefe (Co- Sponsor)
Recommendation: Adopt a resolution Supporting the Free and Safe Passage of Whales, Sea Turtles, and other Marine Animals in the San Francisco Bay Area’s Coastal Waters and the State Of California’s Vision Zero Target of Zero Mortality for Whales and Sea Turtles.

Financial Implications: None
Contact: Cecilia Lunaparra, Councilmember, District 7, (510) 981-7170 Action: Adopted Resolution No. 71,673–N.S.

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Action Calendar – Public Hearings
Tuesday, February 25, 2025 MINUTES Page 7

14. Inclusionary Housing Ordinance In-Lieu Fee; Amending Berkeley Municipal Code Chapter 23.328
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion:

1. Adopt a Resolution setting the Inclusionary Housing in-lieu fee at $56.25 per square foot of the Residential Unit Floor Area (RUFA) of a Housing Development Project; and
-Include a provision in the resolution to allow a project paying the full in-lieu fee instead of providing Affordable Units to deduct 5,000 square feet from the RUFA calculation in order to continue to exempt projects under 5,000 square feet in full and proportionally reduce the fee for projects above 5,000 square feet; and -Include a provision in the resolution dedicating 80% of very low-income Units for Section 8 and Shelter Plus Care voucher holders; and
-Include a provision in the resolution to adjust the fee biennially by the Construction Cost Index (CCI) starting on July 1, 2025; and

2. Adopt first reading of an Ordinance amending Berkeley Municipal Code (BMC) Chapter 23.328 (F) to remove the exemption for projects with 5,000 square feet or less of RUFA.

Financial Implications: See report
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5400 Public Testimony: The Mayor opened the public hearing. 7 speakers.

M/S/C (Humbert/Tregub) to close the public hearing.

Vote: All Ayes.

Action: M/S/C (Lunaparra/Kesarwani) to:

1. Adopt Resolution No. 71,674–N.S.

2. Adopt first reading of Ordinance No. 7,954–N.S. Second reading scheduled for March 11, 2025.

3. Refer to staff and the City Attorney’s Office an economic and legal analysis of extending the in-lieu fee to 2,500 - 5,000 square foot detached single-unit dwellings per one parcel and return with a recommendation to Council as part of the biennial adjustments report.

4. Conduct an economic feasibility study within three years of Middle Housing zoning amendments and in lieu fees.

Vote: All Ayes.

Recess 8:20 p.m. – 8:35 p.m.

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Action Calendar – Public Hearings
Tuesday, February 25, 2025 MINUTES Page 8

15. Zoning Ordinance Amendments to Title 23 of the Berkeley Municipal Code for Consistency with State Law Related to Electric Vehicle Charging and Technical Edits
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion, adopt the first reading of an Ordinance amending the following sections of the Zoning Ordinance to align the Berkeley Municipal Code (BMC) with state law related to electric vehicle charging, as well as additional non-substantive edits and corrections:
-23.106.020 Lot Coverage
-23.106.080 Building Separation
-23.202.020 Allowed Land Uses (Residential Districts)
-23.204.020 Allowed Land Uses (Commercial Districts)
-23.204.090 C-NS North Shattuck Commercial District
-23.204.100 C-SA South Area Commercial District
-23.204.130 C-DMU Downtown Mixed-Use District
-23.204.140 C-W West Berkeley Commercial District
-23.204.150 C-AC Adeline Corridor Commercial District
-23.206.020 Allowed Land Uses and Permit Requirements (Manufacturing Districts) -23.206.040 Use-Specific Regulations (Manufacturing Districts) -23.206.050 Protected Uses (Manufacturing)
-23.302.070 Use-Specific Regulations (Supplemental Use Regulations) -23.306.010 Purpose (Accessory Dwelling Units)
-23.306.030 Development Standards (Accessory Dwelling Units) -23.306.040 Permit Procedures (Accessory Dwelling Units) -23.310.020 General Requirements Excluding Incidental Beer and Wine -23.310.030 Alcohol Beverage Standards When Incidental to Food Service -23.322.030 Required Parking Spaces
-23.322.080 Parking Layout and Design
-23.334.030 Transportation Demand Management Program Requirements -23.502.020 Defined Terms (Glossary)
Financial Implications: None
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Public Testimony: The Mayor opened the public hearing. 0 speakers.

M/S/C (Tregub/Humbert) to close the public hearing.

Vote: All Ayes.

Action: M/S/C (Tregub/Humbert) to adopt first reading of Ordinance No. 7,955–N.S.

Second reading scheduled for March 11, 2025.

Vote: All Ayes.

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Information Reports
Tuesday, February 25, 2025 MINUTES Page 9

16. Community Health Assessment Report
From: City Manager
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5400 Action: Received and filed.

Public Comment – Items Not Listed on the Agenda - 5 speakers.

Adjournment
Action: M/S/C (Humbert/Taplin) to adjourn the meeting.

Vote: All Ayes.

Adjourned at 8:52 p.m.

I hereby certify that the foregoing is a true and correct record of the City Council regular meeting held on February 25, 2025.
________________________
Rose Thomsen, Deputy City Clerk
Communications
Civic Center

1. Bhima Sheridan

2. Rebecca Levenson

3. John Craner, Albert Chan, Martin Bourque, Ann Harlow, David Flores, and J.K.

Fowler

4. Samantha Johnston (2)

5. Rosemary Hardy

6. Megan Bates

7. Stacey Zolt Hara

8. Julie Elis (3)

9. Nicole Herron

10.Daniel Korson

11.Jeff Vincent

12.Michelle Mascarenhas

13.Jennifer Ito

14.Ken Lim

15.Nirav Bisarya

16.Abby Cook

17.Elise Proulx
Cesar Chavez Park

18.Jennifer Chinlund

19.Alexis

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Tuesday, February 25, 2025 MINUTES Page 10

20.Sherry Shannon

21.Catherine Mattison

22.Alexis Frasz

23.Camille Watts-Zagha

24.David Rice

25.Joyce Freedman

26.Lynda Vigil

27.Noah Guyunn

28.Molly Van Der Molen

29.Isabel Choi and Igor Ranitovic

30.Lesley Fernow

31.Whitney K. Taylor

32.Michael Ciarleglio

33.Micky Duxbury

34.Andrea Fernandes

35.Mason Scharf

36.Gillian Scharff

37.Kellie Gan

38.Lauren Kaneko-Jones

39.Steve Kemnitz

40.David Tepper

41.Hannah Meara

42.Maureen Fitzgerald

43.Jennifer Chou

44.Scott Willson

45.Tanya Johnson

46.Kathy Gee
Fire Concerns

47.Brent Blackaby

48.Rachel Bradley

49.George Tharisayi

50.Jacques Watteyne and Ellen Archilla

51.Ruth Langridge
8th and Harrison Encampment

52.Moni T. Law

53.Summer Brenner

54.Elana Auerbach

55.Yesica Prado on behalf of the Berkeley Homeless Union Treasury Department

56.Kellie Stoddart (2)
Draft Bicycle Plan

57.Jim McGrath (2)

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Tuesday, February 25, 2025 MINUTES Page 11

58.Charles Siegel

59.Wahid Amiri
Safety Concern

60.Carl Martineau
Berkeley Restaurant Week

61.Jeffrey Church
Flood Zone

62.Inetjalopy
Berkeley Properties

63.Eids TV
Community Mural

64.Angelina Record
Auditor Report

65.Steve Lipson
Middle Class

66.Tillymaui
Request for Targeted Strategic Action

67.Henry DeNero
MLK Safety Concern

68.Matthew Lewis
Chess Club

69.Jesse Sheehan
Round Park Letter

70.Andy Robson and the residents of Parkside Drive (2)
Planning Commission Meetings

71.Carol Denney
California Civilians

72.Director of Security
Letter

73.Eids TV
Cannabis Policies

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Tuesday, February 25, 2025 MINUTES Page 12

74.Alisa A. Padon, Aurush J. Soroosh, Lynn Silver, Kiara Gonzalez Garcia, and Ryan Whitacre on behalf of the Getting it Right from the Start Pedestrian Safety

75.Nadine Simons
Measure FF

76.Lisa Chow on behalf of Berkeleyans for Accessible Rights-of-Way Zone Zero Fines

77.Isabelle Gaston (2)
UC Berkeley Class

78.Eli and Nava Marmur
Middle East Conflict

79.Nanette Lashuay

80.Suzanna Loper
Escrow Deposit

81.Oren (2)
Council Meeting Concern

82.Ben Buettner
SSBPPE Commission

83.Roberto Terrones on behalf of the Sugar-Sweetened Beverage Product Panel of Experts Commission
Electric Scooters

84.Robert Byler

85.Steven Schuyler

86.Gregory Kalkanis
City Tree Planting

87.Stephen Rosenbaum
Golden Gate Fields Inquiry

88.Roger Hooks
Private Citizen

89.Jeff W. (2)
Ohlone Greenway

90.Clifford Fred

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Tuesday, February 25, 2025 MINUTES Page 13
Housing Concern

91.Bingo Fantasy Football (8)
Legal Education

92.Fatima Martos
Survey

93.John Craner
High Fire Area Workshops

94.Molly Brown
Forwards

95.Barbara Gilbert (2)

96.Russbumper (2)
Screenshots

97.Josh Atwood (2)
URL’s

98.Russbumper (3)
Public Toilets

99.Heike Helmer
2138 Kittredge St.
100. Fatema Crane
101. Carol A. Bagshawe
Supplemental Communications and Reports 1
Item #15: Zoning Ordinance Amendments to Title 23 of the Berkeley Municipal Code for Consistency with State Law Related to Electric Vehicle Charging and Technical Edits
102. James M. Lloyd on behalf of the California Housing Defense Fund (“CalHDF”) Supplemental Communications and Reports 2
 None
Supplemental Communications and Reports 3
Urgency Item: Additional 2025 Council Appointments
103. Urgency item submitted by Mayor Ishii
Item #13: Supporting the Free and Safe Passage of Whales, Sea Turtles, and other Marine Animals in the San Francisco Bay Area’s Coastal Waters and the State Of California’s Vision Zero Target of Zero Mortality for Whales and Sea Turtles

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Tuesday, February 25, 2025 MINUTES Page 14
104. Ben Grundy on behalf of the California Institute or Biodiversity, Center for Biological Diversity, Clean Earth 4 Kids, and the Natural Resources Defense Council 105. Fabiola Delgado on behalf of the Center for Biological Diversity supporters Item #14: Inclusionary Housing Ordinance In-Lieu Fee; Amending Berkeley Municipal Code Chapter 23.328
106. Presentation submitted by the Health, Housing, & Community Services Department
Item #15: Zoning Ordinance Amendments to Title 23 of the Berkeley Municipal Code for Consistency with State Law Related to Electric Vehicle Charging and Technical Edits 107. Presentation submitted by Robert Rivera on behalf of the Planning & Development Department
Miscellaneous
108. Steve Tracy

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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 25, 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 25, 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 $6,575,000 PROJECT Fund Source Amount
South Berkeley Bikeway and Bus
Stop Improvements
306
134
306
134
PROF SVCS – MISC. $3,740,000
T1 Phase 2 Bollard Conversion and
Infrastructure Improvement Project
511
501
616
127
133
134
$2,835,000
Total: $6,575,000

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

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Internal
Formal Bid Solicitations and Request for Proposals
Scheduled for Possible Issuance After Council
Approval on March 25, 2025 CONSENT CALENDAR March 25, 2025
construction; and $50,000 for services. If Council does not object to these items being sent out for bid or proposal within one week of them appearing on the agenda, and upon final notice to proceed from the requesting department, the IFB (Invitation for Bid) or RFP (Request for Proposal) may be released to the public and notices sent to the potential bidder/respondent list.

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

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

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

ALTERNATIVE ACTIONS CONSIDERED
None.

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

1. Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance a. South Berkeley Bikeway and Bus Stop Improvements
b. T1 Phase 2 Bollard Conversion and Infrastructure Improvement Project Note: Original of this attachment with live signature of authorizing personnel is on file in General Services.

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NEXT 30 DAYS
DATE SUBMITTED: MARCH 25, 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
25-11716-C South Berkeley
Bikeway and Bus
Stop Improvements
City Project Nos.:

PWTRBP2205 &
PWTRCS2202
2/20/2025 3/20/2025 Construction of Class 3 bikeway on
Fulton, Prince, Wheeler, and
Woolsey Streets connecting the
Southside neighborhood to the Ashby
BART station.  Intersection safety
improvements at MLK/Prince (PHB),
Adeline/Woolsey (RRFB),
Woolsey/Prince (RRFB),
Wheeler/Prince (traffic circle),
Fulton/Oregon (traffic circle),
Adeline/Russell (RRFB), and
Shattuck/Russell (PHB).  Bus stop
improvements at Shattuck/Ashby,
MLK/Prince, and Shatuck/Woolsey.
$3,740,000 (includes
10% constr.
contingency)
$1,800,000
$1,123,414
$540,000
$276,586
306-54-622-668-0000-000-
431-665110
(PWTRBP2205)
134-54-622-668-0000-000-
431-665110
(PWTRBP2205)
306-54-622-668-0000-000-
431-665110
(PWTRCS2202)
134-54-622-668-0000-000-
431-665110
(PWTRCS2202)
Public Works - Transportation Jesse Peoples
981-6449
Ken Jung
981-7028
25-11717-C T1 Phase 2 Bollard
Conversion and
Infrastructure
Improvement Project
4/15/2025 5/13/2025 Converting traffic bollards to green infrastructure. Improvement work on
various existing retaining walls,
sidewalk gap improvements, repair
of University bridge deck
$2,835,000 511-54-623-673-0000-000-
431-665110-
PWT1ST2202; $97,000
501-54-623-673-0000-000-
431-665110-
PWT1ST2202; $384,400
616-54-623-675-0000-000-
473-665120-
PWENRW2301 $240,000
127-54-623-673-0000-000-
431-665110-
PWT1ST2202; $200,000
133-54-623-673-0000-000-
431-665110-
PWT1ST2202; $135,227
134-54-623-673-0000-000-
431-665110-
PWT1ST2202; $1,644,154
149-54-623-674-0000-000-
431-665110-
PWT1ST2202; $134,219
Public Works/
Engineering
Terrence Salonga
981-6447
Ron Nevels
981-6439
Dept Total $2,835,000
TOTAL $6,575,000
1 of  1

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Public

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

CONSENT CALENDAR
March 25, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Kevin Fong, Director, Information Technology Subject: Contract No. 32000118 Amendment: NEXGEN Asset and Work Order Management Software Maintenance

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32000118 with NEXGEN Asset Management to provide additional funding for software maintenance and professional services, increasing the amount by $1,123,457, for a total not-to-exceed amount of $2,830,366 through June 30, 2029.

FISCAL IMPACTS OF RECOMMENDATION
Funding for FY 25 through FY 29 software maintenance are available in the Public Works and Parks, Recreation and Waterfront funds as itemized below. Any future expenditures are subject to Council approval of the proposed citywide budget and Annual Appropriations Ordinances.

Software Maintenance:

Funding Source Budget Code
FY 2025 $185,220
Public Works
Department Tech Svcs
– Software Maint Fund
142-54-624-694-3018-000-426-612990-
601-54-625-714-0000-0000-472-612990-
611-54-621-654-0000-000-472-612990-
616-54-625-713-0000-000-472-612990-
673-54-624-692-0000-000-472-612990-
134-54-625-715-0000-000-431-612990-
$148,176
Parks Tax, PRW,
Software Maintenance
138-52-541-598-0000-000-461-613130 $37,044
FY 2026 $294,481

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Public
Contract No. 32000118 Amendment: NEXGEN CMMS/EAM CONSENT CALENDAR March 25, 2025

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Public Works
Department Tech Svcs
– Software Maint Fund
142-54-624-694-3018-000-426-612990-
601-54-625-714-0000-0000-472-612990-
611-54-621-654-0000-000-472-612990-
616-54-625-713-0000-000-472-612990-
673-54-624-692-0000-000-472-612990-
134-54-625-715-0000-000-431-612990-
$155,585
Parks Tax, PRW,
Software Maintenance
138-52-541-598-0000-000-461-613130 $38,896
Public Works –
Ongoing training,
support, and
Contractors Portal
142-54-624-694-3018-000-426-612990-
601-54-625-714-0000-0000-472-612990-
611-54-621-654-0000-000-472-612990-
616-54-625-713-0000-000-472-612990-
673-54-624-692-0000-000-472-612990-
134-54-625-715-0000-000-431-612990-
$100,000
FY 2027 $204,205
Public Works
Department Tech Svcs
– Software Maint Fund
142-54-624-694-3018-000-426-612990-
601-54-625-714-0000-0000-472-612990-
611-54-621-654-0000-000-472-612990-
616-54-625-713-0000-000-472-612990-
673-54-624-692-0000-000-472-612990-
134-54-625-715-0000-000-431-612990-
$163,364
Parks Tax, PRW,
Software Maintenance
138-52-541-598-0000-000-461-613130 $40,841
FY 2028 $214,415
Public Works
Department Tech Svcs
– Software Maint Fund
142-54-624-694-3018-000-426-612990-
601-54-625-714-0000-0000-472-612990-
$171,532

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Public
Contract No. 32000118 Amendment: NEXGEN CMMS/EAM CONSENT CALENDAR March 25, 2025

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611-54-621-654-0000-000-472-612990-
616-54-625-713-0000-000-472-612990-
673-54-624-692-0000-000-472-612990-
134-54-625-715-0000-000-431-612990-
Parks Tax, PRW,
Software Maintenance
138-52-541-598-0000-000-461-613130 $42,883
FY 2029 $225,136
Public Works
Department Tech Svcs
– Software Maint Fund
142-54-624-694-3018-000-426-612990-
601-54-625-714-0000-0000-472-612990-
611-54-621-654-0000-000-472-612990-
616-54-625-713-0000-000-472-612990-
673-54-624-692-0000-000-472-612990-
134-54-625-715-0000-000-431-612990-
$180.109
Parks Tax, PRW,
Software Maintenance
138-52-541-598-0000-000-461-613130 45,027
Total Software Maintenance $1,123,457

CURRENT SITUATION AND ITS EFFECTS
The departments of Public Works and Parks, Recreation and Waterfront use NEXGEN’s Asset and Work Order management system to perform all maintenance and asset management for the City. Implemented in 2021, NEXGEN streamlines the work order process, makes services more accessible, and replaces paper-based processes with workflow automation and mobile technology. City staff use custom reports to gain in-depth insights for informed decision making and leverage City specific end user guides to provide an improved user experience, efficient onboarding, and technical accuracy. The City continues to partner with the vendor to further enhance the system with high-quality guidelines and standards. The City seeks additional funding to pay for year 4 through year 8 software maintenance.

NEXGEN advances the City’s strategic goal to provide state-of-the-art, well-maintained infrastructure, amenities, and facilities.

BACKGROUND
The City’s previous work order and maintenance management systems (FUND$, Accela, and Verint) were antiquated and inadequate to perform proper maintenance of City assets

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Public
Contract No. 32000118 Amendment: NEXGEN CMMS/EAM CONSENT CALENDAR March 25, 2025

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and retrieve information needed to comply with mandated reporting requirements and internal performance measures. These systems were not well integrated, lacked digital field communications, and could not provide effective fiscal management and data analytics typically offered by a modern Computerized Maintenance Management System/Enterprise Asset Management (CMMS/EAM) system. The situation led to inefficiencies in business workflow, delayed community response times, and limited reporting and analysis required to manage City assets effectively.

On October 23, 2018, the City issued Request for Proposals (RFP) #19-11259-C for an improved CMMS/EAM System based upon business analysis completed by the Departments of Parks, Recreation and Waterfront, Public Works and Information Technology in partnership with ThirdWave Corporation.

The City received seven (7) responses to the CMMS/EAM System RFP by the December 18, 2018 deadline. A committee of 12+ staff from the Parks, Recreation & Waterfront, Public Works, and Information Technology departments conducted a comprehensive evaluation process that included proposal reviews, vendor demonstrations, and reference checks. Staff selected NEXGEN Asset Management as presenting the most comprehensive, user- responsive, and effective solution for the City’s current and future work order and asset management needs.

In 2019, with Council approval, the City entered into a contract agreement (No. 32000118) with NEXGEN Asset Management to provide the new work order and asset management software. In November 2021, the software went live.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
An improved system, with greater efficiency, lessens the number of trips field employees have to visit a site to address an issue which reduces greenhouse gas emissions associated with travel time. This reduces the City’s carbon footprint and supports the goals of the City’s Climate Action Plan. Further, the mobile application capability of the new CMMS/EAM system eliminates the use of paper previously used by virtually all field staff thus working towards the City’s goal of achieving zero waste to landfills.

RATIONALE FOR RECOMMENDATION
Software maintenance is required. Further, NexGen has provided prompt resolution for issues and requests and will continue to provide ongoing support and maintenance for the system.

ALTERNATIVE ACTIONS CONSIDERED
None. City staff do not recommend using this enterprise software without software support and maintenance.

CONTACT PERSON
Kevin Fong, Director, Information Technology, 510-981-6541

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Public
Contract No. 32000118 Amendment: NEXGEN CMMS/EAM CONSENT CALENDAR March 25, 2025

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Attachments:
1: Resolution

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

CONTRACT NO. 32000118 AMENDMENT: NEXGEN ASSET AND WORK ORDER

MANAGEMENT SOFTWARE MAINTENANCE
WHEREAS, the City of Berkeley has identified the need to improve the efficiency of its asset management and work order processes; and
WHEREAS, on October 23, 2018, the City of Berkeley issued Request for Proposal No. 19-11259-C for an improved computerized maintenance management system & enterprise asset management system and received seven bids; and WHEREAS, in response to the City’s Request for Proposal, NEXGEN Asset Management responded with a proposal that was rated as the highest response submitted by competing vendors; and
WHEREAS, on June 11, 2019, by Resolution No. 68,948 - N.S., the Council approved a contract (No. 32000118) with NEXGEN Asset Management for software hosting, implementation, maintenance and related services, for an amount not to exceed $1,017,509; and
WHEREAS, on January 31, 2023, by Resolution No. 70,677 - N.S., the Council approved a contract amendment (No. 32000118) with NEXGEN Asset Management for software maintenance and professional services related, for an amount not to exceed $1,706,909; and
WHEREAS, funding for this recommendation will be provided by the FY 2025, 2026, 2027, 2028, and 2029 Public Works, Parks, Recreation & Waterfront Software Maintenance and Parks Tax funds, and spending for this contract and related amendments in future fiscal years is subject to Council’s approval of the proposed city- wide budget and annual appropriation ordinances.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to amend Contract No. 32000118 with NEXGEN Asset Management for additional funding, increasing the amount by $1,123,457, for a total not- to-exceed amount of $2,830,366 for software maintenance through June 30, 2029.

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

CONSENT CALENDAR
March 25, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Scott Ferris, Director, Parks, Recreation & Waterfront Subject: Contracts: On-Call Landscape Architectural Services for Capital Improvement Projects

RECOMMENDATION
Adopt five Resolutions authorizing the City Manager to execute contracts and any amendments with the following firms for on-call landscape architectural services for capital improvement projects, for contract periods of May 1, 2025 through April 30, 2028:

1. Carducci & Associates, Inc., for an amount not to exceed $450,000.

2. Moore Iacofano Goltsman, Incorporated (MIG, Inc.), for an amount not to exceed $450,000.

3. PGAdesign, Inc., for an amount not to exceed $450,000.

4. Royston Hanamoto Alley & Abey (RHAA), for an amount not to exceed $450,000.

5. RRM Design Group, for an amount not to exceed $450,000.

FISCAL IMPACTS OF RECOMMENDATION
Initial funding for the on-call contracts is available in the Fiscal Year (FY) 2025 budget, as follows:

Parks Tax Fund: 138-52-545-000-0000-000-461-612320 $85,000 Measure T1 Fund: 511-52-545-000-0000-000-461-612320 $170,000 Funding for FY 2026 through FY 2029 is project-based, subject to appropriation in the capital improvement budget and will be identified as projects arise.

CURRENT SITUATION AND ITS EFFECTS
The City has used consultants in the past to design and manage projects to supplement City staff. These include situations where the nature of the work is specialized such as landscape architectural design, architectural design, electrical design, mechanical design, structural engineering, permitting, construction administration, inspections, and commissioning of systems. On-call consultants have also allowed the City to meet tight

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Contract: On-Call Landscape Architectural Services CONSENT CALENDAR for Capital Improvement Projects March 25, 2025

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schedules when short-term work needs to be performed. On-call contracts will provide design and consulting services when needed and not expose the City to the long-term burden of hiring additional staff and creating significant overhead.

BACKGROUND
Requests for Qualifications (RFQ) were issued on July 12, 2024 seeking qualified firms or individuals to provide on-call landscape architectural services for capital improvement projects. As of the due date of August 27, 2024, the City received fifteen proposals from landscape architectural firms. A panel of City staff reviewed the proposals and reviewed, evaluated, and ranked the firms according to the criteria in the RFQ. After evaluation by the review panel, Carducci & Associates, MIG, PGAdesign, RHAA, and RRM Design Group were selected as the best qualified to provide these services.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Consultants and City staff evaluate water and energy efficiency upgrade opportunities during the design of improvement and renovation projects. Improving City facilities and reducing water and energy consumption is consistent with the City’s Climate Action Plan goals.

RATIONALE FOR RECOMMENDATION
The teams assembled by Carducci & Associates, MIG, PGAdesign, RHAA, and RRM Design Group are highly qualified. They have particular expertise in site analysis, landscape design, community process, construction documentation, project management, and project support.

ALTERNATIVE ACTIONS CONSIDERED
None

CONTACT PERSON
Scott Ferris, Director, Parks, Recreation & Waterfront, 981-6711 Evelyn Chan, Supervising Civil Engineer, Public Works, 981-6430 Attachments:
1: Resolution for contract with Carducci & Associates, Inc. 2: Resolution for contract with MIG, Inc.
3: Resolution for contract with PGAdesign, Inc.
4: Resolution for contract with RHAA
5: Resolution for contract with RRM Design Group

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RESOLUTION NO.:-N.S.

CONTRACT: CARDUCCI & ASSOCIATES, INC. FOR ON-CALL LANDSCAPE

ARCHITECTURAL SERVICES FOR CAPITAL IMPROVEMENT PROJECTS WHEREAS, on July 12, 2024, the City released a Request for Qualifications (Specification No. 24-11667-C) seeking firms or individuals to provide on-call landscape architectural services for capital improvement projects; and WHEREAS, as of August 27, 2024, the City received fifteen submissions, which were reviewed and ranked according to the criteria in the Request for Qualifications; and WHEREAS, based on the results of the rating of the submission, Carducci & Associates, Inc. has been found to be fully qualified and responsive to the City’s request; and WHEREAS, funding will be identified and requested for appropriation as projects arise.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to approve a contract and any amendments with Carducci & Associates, Inc. for on-call landscape architectural services for capital improvement projects for the contract period of May 1, 2025 through April 30, 2028 in an amount not to exceed $450,000. A record signature copy of said contract and any amendments to be on file in the Office of the City Clerk.

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RESOLUTION NO.:-N.S.

CONTRACT: MOORE IACOFANO GOLTSMAN, INCORPORATED (MIG, INC.) FOR

ON-CALL LANDSCAPE ARCHITECTURAL SERVICES FOR CAPITAL IMPROVEMENT

PROJECTS
WHEREAS, on July 12, 2024, the City released a Request for Qualifications (Specification No. 24-11667-C) seeking firms or individuals to provide on-call landscape architectural services for capital improvement projects; and WHEREAS, as of August 27, 2024, the City received fifteen submissions, which were reviewed and ranked according to the criteria in the Request for Qualifications; and WHEREAS, based on the results of the rating of the submission, MIG, Inc. has been found to be fully qualified and responsive to the City’s request; and WHEREAS, funding will be identified and requested for appropriation as projects arise.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to approve a contract and any amendments with MIG, Inc. for on-call landscape architectural services for capital improvement projects for the contract period of May 1, 2025 through April 30, 2028 in an amount not to exceed $450,000. A record signature copy of said contract and any amendments to be on file in the Office of the City Clerk.

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RESOLUTION NO.:-N.S.

CONTRACT: PGADESIGN, INC. FOR ON-CALL LANDSCAPE ARCHITECTURAL

SERVICES FOR CAPITAL IMPROVEMENT PROJECTS
WHEREAS, on July 12, 2024, the City released a Request for Qualifications (Specification No. 24-11667-C) seeking firms or individuals to provide on-call landscape architectural services for capital improvement projects; and WHEREAS, as of August 27, 2024, the City received fifteen submissions, which were reviewed and ranked according to the criteria in the Request for Qualifications; and WHEREAS, based on the results of the rating of the submission, PGAdesign, Inc. has been found to be fully qualified and responsive to the City’s request; and WHEREAS, funding will be identified and requested for appropriation as projects arise.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to approve a contract and any amendments with PGAdesign, Inc. for on-call landscape architectural services for capital improvement projects for the contract period of May 1, 2025 through April 30, 2028 in an amount not to exceed $450,000. A record signature copy of said contract and any amendments to be on file in the Office of the City Clerk.

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RESOLUTION NO.:-N.S.

CONTRACT: ROYSTON HANAMOTO ALLEY & ABEY (RHAA) FOR ON-CALL

LANDSCAPE ARCHITECTURAL SERVICES FOR CAPITAL IMPROVEMENT

PROJECTS
WHEREAS, on July 12, 2024, the City released a Request for Qualifications (Specification No. 24-11667-C) seeking firms or individuals to provide on-call landscape architectural services for capital improvement projects; and WHEREAS, as of August 27, 2024, the City received fifteen submissions, which were reviewed and ranked according to the criteria in the Request for Qualifications; and WHEREAS, based on the results of the rating of the submission, RHAA has been found to be fully qualified and responsive to the City’s request; and WHEREAS, funding will be identified and requested for appropriation as projects arise.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to approve a contract and any amendments with RHAA for on-call landscape architectural services for capital improvement projects for the contract period of May 1, 2025 through April 30, 2028 in an amount not to exceed $450,000. A record signature copy of said contract and any amendments to be on file in the Office of the City Clerk.

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RESOLUTION NO.:-N.S.

CONTRACT: RRM DESIGN GROUP FOR ON-CALL LANDSCAPE ARCHITECTURAL

SERVICES FOR CAPITAL IMPROVEMENT PROJECTS
WHEREAS, on July 12, 2024, the City released a Request for Qualifications (Specification No. 24-11667-C) seeking firms or individuals to provide on-call landscape architectural services for capital improvement projects; and WHEREAS, as of August 27, 2024, the City received fifteen submissions, which were reviewed and ranked according to the criteria in the Request for Qualifications; and WHEREAS, based on the results of the rating of the submission, RRM Design Group has been found to be fully qualified and responsive to the City’s request; and WHEREAS, funding will be identified and requested for appropriation as projects arise.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to approve a contract and any amendments with RRM Design Group for on-call landscape architectural services for capital improvement projects for the contract period of May 1, 2025 through April 30, 2028 in an amount not to exceed $450,000. A record signature copy of said contract and any amendments to be on file in the Office of the City Clerk.

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

CONSENT CALENDAR
March 25, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Scott Ferris, Director, Parks, Recreation, & Waterfront Department Subject: Adopt a Mitigated Negative Declaration for the Tom Bates Regional Sports Complex Restroom and Community Space
Project

RECOMMENDATION
Adopt a Resolution adopting the Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Plan (MMRP) for the Tom Bates Regional Sports Complex Restroom and Community Space Project.

FISCAL IMPACTS OF RECOMMENDATION
There are no direct fiscal impacts associated with the adoption of mitigated negative declaration environmental documents. The Mitigated Negative Declaration for the Tom Bates Regional Sports Complex Restroom and Community Space Project was prepared by TranSystems, Inc. under contract number 32000263. Funding for the engineering and environmental consulting services from TranSystems, Inc. was appropriated in FY 2023 Measure T1, Phase 2 (Fund 511).

CURRENT SITUATION AND ITS EFFECTS
In August of 2022, the City retained TranSystems, Inc. to prepare the Initial Study / Mitigated Negative Declaration (IS/MND) and Mitigation Monitoring and Reporting Plan (MMRP) environmental documents to assess the environmental impacts of the proposed restrooms and community space improvements at the Tom Bates Regional Sports Complex facility as required by the California Environmental Quality Act (CEQA).

The MND determined that the project will have less than significant environmental impacts if mitigation measures identified in the MND are implemented. The specific mitigation measures are shown in the attached Final Initial Study / Mitigated Negative Declaration and Mitigation Monitoring and Reporting Plan.

On November 6, 2024, the Draft MND was distributed to the State Clearinghouse, all regulatory agencies having jurisdiction over the Project, interested stakeholders and members of the public for the required 30-day public review period ending on December 7, 2024, as required by CEQA. On November 13, 2024, the MND was presented at the regular meeting of the Parks, Recreation and Waterfront Commission. During the 30- day public review period, a total of 42 written comment letters from both agencies and members of the public were received. The Draft MND published on State Clearinghouse

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Adopt MND for the Tom Bates RSC Restroom and Community Space Project CONSENT CALENDAR March 25, 2025

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website along with the Notice of Intent (NOI) and the Notice of Completion (NOC) and can be accessed through the following link: https://ceqanet.opr.ca.gov/2024110156.

On November 6, 2024, the City also recorded the Draft IS/MND at the Alameda County Clerk-Recorder’s Office, located at 1106 Madison St, Oakland, CA 94607.

BACKGROUND
The Tom Bates Regional Sports Complex, located at 400 Gilman Street was completed in 2008, and is one of the most highly used public sports complexes in the region. The master plan for the Tom Bates Fields includes a fieldhouse and restroom; however, these elements have not been constructed-to-date due to insufficient funding, and therefore the City currently provides portable toilets at the facility. In 2019, the City completed the conceptual plan for the new fieldhouse and restroom in collaboration with the field user groups and the five Joint Powers Agreement cities (Albany, Berkeley, El Cerrito, Emeryville, and Richmond), using Measure T1 infrastructure bond funding. The project will also convert the vacant north field into a youth soccer field, with a plaza and stairway entrance, and six pickleball courts. In August of 2022, the City retained TranSystems, Inc. to prepare final design including construction documents, and prepare applicable permitting and CEQA environmental documents.

The total Project budget estimate is approximately $8 Million, which includes planning, design, permitting, environmental review, and construction. The Project is being funded by Measure T1 Phase 2, General Fund and Parks Tax. The City currently anticipates beginning construction in the Fall of 2025, with a goal to complete construction by end of 2026.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The Mitigated Negative Declaration for the proposed project contains a comprehensive environmental assessment of the project. The assessment determined that the Project will have a less-than significant impact on the environment if the City implements specific mitigation measures. The Mitigation, Monitoring and Reporting Plan includes detailed roles, responsibilities, and methods for implementing and documenting compliance with the mitigation measures.

RATIONALE FOR RECOMMENDATION
The adoption of the Mitigated Negative Declaration for the proposed Tom Bates Regional Sports Complex Restroom and Community Space Project will allow the City to move into the bidding phase of the Project in May, 2025. The approval of project and award of construction contract will take place at a Council Meeting in July, 2025.

ALTERNATIVE ACTIONS CONSIDERED
None

CONTACT PERSON
Scott Ferris, Director, 510-981-6700
Nelson Lam, Supervising Civil Engineer, PRW,981-6395
Jesus Espinoza, Associate Civil Engineer, PRW, 981-6708

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Adopt MND for the Tom Bates RSC Restroom and Community Space Project CONSENT CALENDAR March 25, 2025

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Attachments:
1: Resolution
Exhibit A: Final CEQA Initial Study / Mitigated Negative Declaration and Mitigation Monitoring and Reporting Plan for Tom Bates Regional Sports Complex and Community Space

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

ADOPTING MITIGATED NEGATIVE DECLARATION (MND) AND MITIGATION

MONITORING AND REPORTING PLAN (MMRP) FOR THE TOM BATES REGIONAL

SPORTS COMPLEX RESTROOM AND COMMUNITY SPACE PROJECT
WHEREAS, the Tom Bates Regional Sports Complex, located at 400 Gilman Street was completed in 2008, and is one of the most highly used public sports complexes in the region; and
WHEREAS, the master plan for the Tom Bates Fields includes a fieldhouse and restroom; however, these elements have not been constructed to-date due to insufficient funding, and the City currently provides portable toilets at the facility; and WHEREAS, in 2019, the City completed the conceptual plan for a new fieldhouse and restroom in collaboration with the field user groups and the five Joint Powers Agreement cities (Albany, Berkeley, El Cerrito, Emeryville, and Richmond); and WHEREAS, the project will also convert the vacant north field into a youth soccer field, with a plaza and stairway entrance, and six pickleball courts, and WHEREAS, the City retained Transystems, Inc. to prepare an Initial Study / Mitigated Negative Declaration environmental documents and associated Mitigation Monitoring and Reporting Plan to assess the environmental impacts of the proposed Tom Bates Regional Sports Complex Restroom and Community Space Project as required by the California Environmental Quality Act (CEQA); and
WHEREAS, on November 6, 2024, the City issued a Notice of Intent to Adopt a Mitigated Negative Declaration; and
WHEREAS, on November 6, 2024, the IS/MND was distributed to responsible agencies and the public for review and comment for a 30-day period that ended December 7, 2024; and
WHEREAS, the MND concluded that significant environmental effects on Biological Resources, Cultural Resources, and Hazards & Hazardous Materials would be avoided or reduced to less-than-significant levels by implementation of mitigations measures identified in the IS/MND; and
WHEREAS, on November 13, 2024, the MND was presented at the regular meeting of the Parks, Recreation and Waterfront Commission to receive staff’s presentation and public testimony, and to consider the information in the IS/MND and written and oral comments; and

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WHEREAS, following the close of the public comment period on the IS/MND, the City received 42 letters and emails containing comments on the Draft IS/MND; and WHEREAS, the City has received and responded to comments from the public and regulatory agencies and made text revisions to the Draft Initial Study / Mitigated Negative Declaration to clarify, amplify or make insignificant modifications to the IS/MND and recirculation of the IS/MND is not required; and WHEREAS, the City Council has independently reviewed and considered the IS/MND together with the comments and the responses to those comment prior to adopting the MND and taking action on the Project; and
WHEREAS, the comments received by the City do not require major revisions to the IS/MND due to new or substantially more severe significant effects on the environment; and
NOW THEREFORE, BE IT RESOLVED that the Council of the City of Berkeley adopts the Tom Bates Regional Sports Complex Restroom and Community Space Project Final Initial Study / Mitigated Negative Declaration and the Mitigation Monitoring and Reporting Plan (Exhibit A) in accordance with the California Environmental Quality Act (CEQA).

Exhibits
A: Final CEQA Initial Study / Mitigated Negative Declaration and Mitigation Monitoring and Reporting Plan for Tom Bates Regional Sports Complex and Community Space. 1883539.2

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City of Berkeley
Parks, Recreation & Waterfront
Final CEQA Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and Reporting Plan for Tom Bates Regional Sports Complex Restroom and Community Space
#SCH 2024110156
Prepared for:

City of Berkeley Parks, Recreation & Waterfront
19 47 Center Street, 5th Flo
or
Berkeley, California 94704
Prepared by:

TranSystems
2000 Center Street, St 303
Berkeley, California 94704
March 2025
Exhibit A

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INTRODUCTION
The City of Berkeley Parks, Recreation & Waterfront proposes a series of improvements to the existing Tom Bates Regional Sports Complex. These enhancements include the construction of a new Community Space Facility featuring restrooms, a multi-use room, and a storage area; the development of a soccer field for players under the age of 8 (U8); the addition of eight pickleball courts with bleachers for two of the courts; a reconfigured parking lot to increase capacity, including the addition of electric vehicle (EV) charging stations and a temporary lot during construction; new bicycle racks and lockers; accessible walkways in compliance with the Americans with Disabilities Act (ADA); stormwater bioretention features; landscaped areas; new electric service; and a sanitary sewer lift station.

As part of the development process, it is essential to assess and address any potential environmental impacts associated with the project in accordance with CEQA guidelines. This environmental review ensures the project complies with applicable state and local environmental regulations, minimizing adverse effects on the environment and public health. This document evaluates the potential environmental impacts of the project, outlines necessary mitigation measures, and dem onstrates the
project's compliance with CEQA standards, ensuring its responsible and sustainable advancement.

A Draft Initial Study (IS)/Mitigated Negative Declaration (MND) was prepared by the City of Berkeley and made available to the public for comments. This Final Initial Study/Mitigated Negative Declaration (IS/MND) and Mitigation Monitoring and Reporting Plan (MMRP) includes the Draft IS/MND, appendices, written comments, responses to comments, and text revisions. The City of Berkeley serves as the CEQA lead agency for the Tom Bates RSC Project.

COMMENTS RECEIVED ON THE DRAFT MITIGATED NEGATIVE DECLARATION As required by CEQA guidelines, the Draft IS/MND, was made available to the public and 16 regulatory agencies for review and comment during a 30-day period between November 7, 2024, and December 7, 2024. The City notified the public via email and posted signs at the park, requesting comments on the Draft IS/MND, which was published on the State Clearinghouse website. Five copies of the draft IS/MND were also made available for public comments at Alameda County Clerk-Records’s Office on November 6, 2024 for 30 days.

Although Public Hearing is not required per CEQA Section 15202 (a), on November 13, 2024, the City held a public hearing during the City of Berkeley Parks, Recreation, and Waterfront commissioners meeting, where the Draft IS/MND was presented to both the Commissioners and the public, providing an opportunity for comments on the Draft IS/MND. A presentation summarizing the Tom Bates RSC Project and the Draft IS/MND was provided at the meeting and City staff and consultants were available to answer questions reg
arding the CEQA document. No verbal public comments were received in relation to the Draft IS/MND during the public hearing, except for those made by Erin Diehm, Commissioner - City of Berkeley Parks, Recreation and Waterfront. 1

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RESPONSE TO COMMENTS
This section presents a list of public agencies and individuals who provided comments on the Draft IS/MND, along with their corresponding comment letters and the associated responses. The comments have been numbered, and there is a response for each comment from the three agency comment letters received, as well as a standard response for the individuals’ comments in the next section. • Comment L
etter S1 - Yusheng Luo, Branch Chief, Local Development Review, California Department of Transportation (Caltrans)
• Comment Letter L1 - David J. Rehnstrom, Manager of Water Distribution Planning - E ast Bay
Municipal Utility District (EBMUD)
• Comment Letter L2 - Erin Diehm, Commissioner - City of Berkeley Parks, Recreation and Waterfront
• Comment Letter I1 – April Gilber - Individual
• Comment Letter I2 - Bryon Sutherland – Individual
• Comment Letter I3 - Carmen Padrón – Individual
• Comment Letter I4 - Carol Moyer – Individual
• Comment Letter I5 - Catherine Cassel – Individual
• Comment Letter I6 - Christie Look – Individual
• Comment Letter I7 – Collenn Whitney – Individual
• Comment Letter I8 - Dana Tillson – Individual
• Comment Letter I9 – Debbie DeVoe – Individual
• Comment Letter I10 - Dominic Valerian – Individual
• Comment Letter I11 – Gadi Meir – Individual
• Comment Letter I12 – Holly Wing – Individual
• Comment Letter I13 – Inette Dishler – Individual
• Comment Letter I14 - Jeannette Hilgert – Individual
• Comment Letter I15 - Jenny Lu Foo – Individual
• Comment Letter I16 - Jill Shinkle – Individual
• Comment Letter I17 – Jim French – Individual
• Comment Letter I18 - Jimmy T Tran – Individual
• Comment Letter I19 – John Poppleton – Individual
• Comment Letter I20 – Joyce Kanyuk – Individual
• Comment Letter I21 – Kai Shen – Individual
• Comment Letter I22 – Karen Gee – Individual
• Comment Letter I23 – Kevin Rose Williams – Individual • Comment Letter I24 – Kyle Muro – I
ndividual
• Comment Letter I25 – Laura Leaverton – Individual
• Comment Letter I26 – Lauren Quock – Individual
• Comment Letter I27 – Lesley Turner – Individual
• Comment Letter I28 – Lori Lee – Individual
• Comment Letter I29 – Lovell Jarvis – Individual
• Comment Letter I30 – Margaret Ostrander – Individual
• Comment Letter I31 – Marguerite Lee – Individual
• Comment Letter I32 – Mei Griebenow - Individual
• Comment Letter I33 – Molly Reno – Individual
• Comment Letter I34 – Nicole Naffaa – Individual
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• Comment Letter I35 – Nina Broeddeker – Individual
• Comment Letter I36 – Paul Gee – Individual
• Comment Letter I37 – Terry Robinson Kochi – Individual • Comment Letter I38 – Tiger Whittermore – Individual
• Comment Letter I39 – Wayne Huber – Individual
• Comment Letter I40 – William Florian– Individual
• Public Hearing Oral Comment PH1 – Brennan Cox, Commissioner - City of Berkeley Parks, Recreation and Waterfront
• Public Hearing Oral Comment PH2– Bill Powning - Individual • Public Hearing Oral Comment PH3 - Kathy Teraskin - Individual • Public Hearing Oral Comment PH4 - Kelly Hammargren - Individual • Public Hearing Oral Comment PH5 - Ted Steen – Individual The following pages include comments received on the Draft IS/MND in their entirety and the associated responses.
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State Agency
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DISTRICT 4

OFFICE OF REGIONAL AND COMMUNITY PLANNING
P.O. BOX 23660, MS–10D | OAKLAND, CA 94623-0660
www.dot.ca.gov
December 6, 2024 SCH #: 2024110156
GTS #: 04-ALA-2024-00873
GTS ID: 34574
Co/Rt/Pm: ALA/80/6.594
Jesus Espinoza, Associate Civil Engineer
City of Berkeley Planning Department
1947 Center St
reet, 3rd Floor
Berkeley, CA 94704
Re: Tom Bates Regional Sports Complex Restroom and Community Space Project ─ Mitigated Negative Declaration (MND)
Dear Jesus Espinoza:

T
hank you for including the California Department of Transportation (Caltrans) in the environmental review process for the Tom Bates Reg
ional Sports Complex Restroom
and Community Space Project. The Local Development Review (LDR) Program reviews land use projects and plans to ensure consistency with our mission and state planning priorities. The following comments are based on our review of the November 2024 MND.

Please note this correspondence does not indicate an official position by Caltrans on this project and is for informational purposes only.

Project Understanding
The proposed project would construct a new community space facility with restrooms, multi-use room and storage room; new youth soccer field, eight pickleball courts; reconfigured parking lot with electric vehicle charging stations and temporary lot during construction; bicycle racks and lockers, walkways; stormwater bioretention features, landscaped areas; new electric service and a sanitary sewer lift station. The project site is adjacent to the Interstate (I)-80 corridor.

Climate Change/Sea Level Rise
Please keep Caltrans informed about the various climate stressors and ongoing adaptation and resilience initiatives as they are developed and implemented at this project location. Caltrans is interested in engaging in multi-agency and regional S1-A
S1-B
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collaboration, to find multi-benefit solutions that protect vulnerable shorelines, communities, infrastructure, and the environment.

Using the Bay Area Conservation and Development Commission (BCDC)'s Adapting to Rising Tides data, the project location is identified as vulnerable to flooding at a Total Water Level of 4 feet above Mean Higher-High Water (MHHW). This includes contributions from sea level rise, storm surge, and king tides, exceeding 2050 projections by 2 feet. We encourage incorporating adaptation measures to address the rising water table and align with the city or subregion’s Regional Shoreline Adaptation Plan (RSAP), as required under SB 272.

Caltrans actively collaborates with regional partners to address climate vulnerabilities and would like to remain updated on any potential adaptation measures or initiatives at this location and will greatly appreciate being included in ongoing local efforts as this project develops. Caltrans prioritizes working with regional and local partners to strategize and adopt effective adaptation measures for the transportation system in the area.

For any questions or concerns, please feel free to contact the Caltrans Bay Area Climate Change Planning Coordinators at [email protected].

Project Coordination
The proposed project is adjacent to Alameda County Transportation Commission (ACTC)’s I-80 Gilman Interchange Improvement Project, which includes the Gilman Street Pedestrian Overcrossing Project and Gilman Street Roundabouts Project. The Gilman Street Roundabouts Project is in active construction and should be completed in Spring 2025. The plantings surrounding the double roundabouts will be maintained by the contractor for 3 years so it may overlap with the City’s project. The City of Berkeley is also expected to sign a quitclaim deed for a portion of Gilman Street that has been taken into the State Highway System for the ACTC project.

East Bay Regional Parks District (EBRPD) has initiated their North Basin Strip Project adjacent to and just south of the Gilman soccer fields (link). Please coordinate with EBRPD, as there is utility relocation/accommodation work from that project that may impact the service connections proposed for the sports complex improvements. Also of note, there is a transfer of 1-acre of property that was acquired from EBRPD by ACTC that is still awaiting transfer from ACTC to Caltrans.

Construction-Related Impacts
Project work that requires movement of oversized or excessive load vehicles on State roadways requires a transportation permit that is issued by Caltrans. To apply, please visit Caltrans Transportation Permits (link).

S1-C
S1-D
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Prior to construction, coordination may be required with Caltrans to develop a Transportation Management Plan (TMP) to reduce construction traffic impacts to the State Transportation Network (STN).

Equitable Access
If any Caltrans facilities are impacted by the project, those facilities must meet American Disabilities Act (ADA) Standards after project completion. As well, the project must maintain bicycle and pedestrian access during construction. These access considerations support Caltrans’ equity mission to provide a safe, sustainable, and equitable transportation network for all users.

Encroachment Permit
Please be advised that any permanent work or temporary traffic control that encr
oaches onto Caltrans’ ROW requires a Caltrans-issued encroachment permit. A portion of Gilman Street and the West Frontage Road is within Caltrans Rig ht-Of-Way
(ROW). Any access openings within the State ROW will have to go under Caltrans review.

The Office of Encroachment Permit requires 100% complete design plans and supporting documents to review and circulate the permit application package. The

review and approval of encroachment projects is managed through the Encroachment Permits Office Process (EPOP) or the Project Delivery Quality Management Assessment Process (QMAP), depending on project scope, complexity, and completeness of the application. Please use the following resources to determine the appropriate review process:
- TR-0416 Applicant’s Checklist (link)
- Flowchart, Figure 1.2 in Chapter 100 – The Permit Function, Caltrans Encroachment Permit Manual (link)
The permit approval may take 30 days to 6 months or more depending on the project scope, size, complexity, completeness, compliance with policies and quality of the permit package submitted. Projects requiring exceptions to design standards or external agency approvals may need more time to process.

To obtain more information and download the permit application, please visit Caltrans Encroachment Permits (link). When the applicant is ready to pursue a Caltrans encroachment permit, please contact [email protected] to initiate the process.

Thank you again for including Caltrans in the environmental review process. Should you have any questions regarding this letter, please contact Melissa Hernandez, Associate Transportation Planner via [email protected].

S1-E
S1-F
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For future early coordination opportunities or project referrals, please visit Caltrans LDR website (link) or contact [email protected].

Sincerely,

YUNSHENG LUO
Branch Chief, Local Development Review
Office of Regional and Community Planning
c: State Clearinghouse
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Letter #S1 Response: California Department of Transportation (Caltrans) A letter from Caltrans was submitted to the City on December 6, 2024. Below are the responses to the comments provided:

Response S1-A: Comment noted. No revisions to the Draft IS/MND are necessary in response to this comment.

Response S1-B: Comment noted. The City will coordinate with Caltrans as necessary. No revisions to the Draft IS/MND are necessary in response to this comment.

Response S1-C: Comment noted. The City will coordinate with the agencies as necessary. No revisions to the Draft IS/MND are necessary in response to this comment.

Response S1-D: Comment noted. The City will coordinate with Caltrans as necessary. No revisions to the Draft IS/MND are necessary in response to this comment.

Response S1-E: Comment noted. No Caltrans facilities are anticipated to be impacted by the project. No revisions to the Draft IS/MND are necessary in response to this comment.

Response S1-F: Since no portion of the project falls within State right-of-way, an encroachment permit will not be necessary. No revisions to the Draft IS/MND are necessary in response to this comment.
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Local Agencies
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�D EASTBAY
<._/_.:, MUNICIPAL UTILITY DISTRICT
December 4, 2024
Jesus Espinoza, Associate Civil Engineer
City of Berkeley
Parks, Recreation and Waterfront
1947 Center Street, 5th Floor
Berkeley, CA 94 704
Re: Notice oflntent to a Adopt an Initial Study/Mitigated Negative Declaration for the Tom Bates Regional Sports Complex Restroom and Community Space Project, Berkeley
Dear Mr. Espinoza:

East Bay Municipal Utility District (EBMUD) appreciates the opportunity to comment on the Initial Study/Mitigated Negative Declaration (IS/MND) for the Tom Bates Regional Sports Complex Restroom and Community Space Project located in the City of Berkeley (City).

EBMUD has the following comments.

WATER SERVICE
EB MUD' s Central Pressure Zone, with a service elevation between O and 100 feet, will serve the proposed development. Separate structures on a single parcel require separate water services. EBMUD will need to evaluate whether the existing water meters serving the existing park can be used to serve the project. When the development plans are finalized, the City should contact EBMUD's New Business Office and request a water service estimate to determine costs and conditions for providing water service to the project. Engineering and installation of water services require substantial lead time, which should be provided for in the City's development schedule.

EBMUD's Standard Site Assessment Report and the project's IS/MND indicate the potential for contaminated soils or groundwater to be present within the project site boundaries. The City should be aware thatEBMUD will not install piping or services in contaminated soil or groundwater (if groundwater is present at any time during the year at the depth piping is to be installed) that must be handled as a hazardous waste or that may be hazardous to the health and safety of construction and maintenance personnel wearing Level D personal protective equipment. Nor will EBMUD install piping or services in areas where groundwater contaminant concentrations exceed specified limits for discharge to the sanitary sewer system and sewage treatment plants. The City must submit copies to EBMUD of all known information regarding soil and groundwater quality within or adjacent to the project boundary and a legally sufficient, complete, and specific written remediation plan establishing the methodology, planning and design of all necessary systems for the removal, treatment, and disposal of contaminated soil and groundwater. 375 ELEVENTH STREET . OAKLAND . CA 94607-4240 . TOLL FREE 1-866-40-EBMUD L1-A
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L1-A
L1-B
12

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L1-B
L1-C
L1-D
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L1-D
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Letter #L1 Response: East Bay Municipal Utility District (EBMUD) A letter from EBMUD was submitted to the City on December 4, 2024. The responses to the comments are provided below:

Response L1-A: There are currently no structures on the project parcel, however potable water service is in place. The existing water service infrastructure was originally installed to support a future restroom building. The new community center is rep lacing the previously assumed restroom use and therefore, no additional water service is required.

As discussed on pages 108-111 in the Hazard and Hazardous Materials section, the area has a known history of co
ntamination, including TPH-d, metals (primarily lead, arsenic, and mercury), and methane.

Elevated concentrations of combustible gases, mainly methane, were detected beneath the northern section of the project site. However, in December 2003, the San Francisco Bay Regional Water Quality Control Board determined that the site investigations had been completed.

In March 2024, an Environmental Screening was conducted by Haley & Aldrich for the project site to preliminarily evaluate the presence of constituents of concern. The purpose of the screening was to plan for soil disposal. A total of seven borings were drilled (SB-01 through SB-07). Based on the soil screening results, disposal of most of the on-site soil is expected to be acceptable for disposal at a Class II or III landfill as non-hazardous waste. Soils coll ected from areas close to SB-01 and SB-03 could be classified as non-RCRA California hazardous waste, due to lead Soluble Threshold Limit Concentration (STLCs) results. Depending on analytical results for soil excavated during construction, disposal at a Class I landfill may be required.

No revisions to the Draft IS/MND are necessary in response to this comment.

Response L1-B: The City will ensure any ne w wastewater collection systems, including sewer lateral lines, for the project are constructed to prevent I/I to the maximum extent feasible while meeting all requirements contained in the Regional Private Sewer Lateral Ordinance and applicable municipal codes or Satellite Agency ordinances. The new building will have a new lateral and will be constructed of fusion welded High-Density Polyethylene (HDPE) to prevent I/I. No revisions to the Draft IS/MND are necessary in response to this comment.

Response L1-C: The site is set up with separate meters and downstream plumbing for both domestic and non-potable water. Therefore, the site can easily connect recycled water once it is available. No revisions to the Draft IS/MND are necessary in response to this comment.

Response L1-D: The landscape and irrigation system has been designed to comply with the Assembly Bill 325, "Model Water Efficient Landscape Ordinance," (Division 2, Title 23, California Code of Regulations, Chapter 2.7, Sections 490 through 495). No revisions to the Draft IS/MND are necessary in response to this comment.
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Letter #L2 Response: Erin Diehm, Commissioner - City of Berkeley Parks, Recreation and Waterfront
On November 13, 2024, the City held a public hearing during the City of Berkeley Parks, Recreation, and Waterfront meeting, where the draft IS/MND was presented to both the Commissioners and the public, providing an opportunity for comments on the draft IS/MND. The Commissioner Erin Diehm provided comments related to lighting, noise and biological resources. The responses to the comments are provided below:

Response L2-A: The Project does not propose to add additional lighting to the existing facilities nor to the new pickleball courts and soccer fields. The Project does include for safety purposes wall-mounted lighting to illuminate the area around the community space facility and one additional light pole to illuminate the ADA
-compliant switchback ramp. New exterior lights will use fixtures approved by the International Dark-Sky Association and consistent with the City’s Condition of Approval (COA ) - Exterior
Lighting. This condition requires that all exterior lighting to be energy efficient where feasible and shielded and directed downward and inward into the facility and away from property lines to prevent excessive glare beyond the subject property.

While the Project does include minor additional lighting, the specific types have been chosen so that the project would not create a new source of substantial light or glare which would adversely affect day or nighttime views in the area nor negative biological impacts. Color temperature can be specified per the comment.

No revisions to the Draft IS/MND are necessary in
response to this comment.

Response L2-B: Noise generated from pickleball activities varies depending on the location, duration and intensity or use, and measurements can differ depending on the time of day, weather conditions, and proximity to the source. In addition, noise attenuation decreases sig nificantly over distance with the
proposed new courts located 680 feet from existing commercial uses (and 1,000 ft from residential uses), and in a location where the existing I
-80 interstate presents a consistently high noise generator (freeway noise measurements typically range between 60-70 dBA) between the proposed courts and existing commercial and residential land uses.

Speaking noises from recreational users are expected to be similar to those from recreational users at the existing fields within the RSC. The Project would not install any types of loudspeakers that would amplify speech or music for sporting events.

Given the significant distance of the proposed new pickleball courts from sensitive receptors coupled with the existing and consistent noise levels from the interstate, it is not anticipated that the additional noise generated by the proposed pickleball courts users will cause a significant increase in noise from existing conditions.

No revisions to the Draft IS/MND are necessary in
response to this comment.

Response L2-C:
• Burrowing Owl (Athene cunicularia)
o As of October 2024, California Department of Fish and Wildlife (CDFW) has designated the burrowing owl as a candidate for potential listing as a protected species under the CESA. During the review period, candidate species receive the same protections as fully 17

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listed species under CESA. Any potential take will require an Incidental Take Permit (ITP), which will be coordinated with the CDFW if potential for Take is identified during surveys. Any other mitigation will be acquired at the direction of CDFW. During the public hearing on November 13, 2024, the City informed the public about the new regulatory changes and explained how the updated process will be followed, as required by CDFW. Revisions have been made to this report to address these changes, which a re shown as underlined text in the following section, below on page 62 titled TEXT REVISION TO THE DRAFT IS/MND, as well as in the Biological Resources and Mandatory Findings Significance sections.
o Project commitments include pre-construction surveys and coordination with CDFW as necessary.
• White-tai
led Kite (Elanus leucurus)
o White-tailed kites are known to be present near the Biological Study Area (BSA), having been documented at the McLaughlin Eastshore State Park and Cesar Chavez Park. o The BSA does not contain any suitable nesting habitat. o A limited amount of foraging area is located within the BSA. However, more contiguous foraging acreage is located in Eastshore State Park and Cesar Chavez State Park or along the shoreline.
o Coordination for any ITP or additional mitigation will occur, if directed by CDFW. o No revisions to the Draft IS/MND are necessary in response to this comment. • Large Marble Butterfly (Euchloe ausonides)
o This species does not have federal or state designation. There is a subspecies native to Washington State that has federal status. That subspecies does not occupy this area.

This species is not currently considered a federal “proposed” species, which would provide federal protection and guidance.
o There is no regulatory mechanism to address this species. o No revisions to the Draft IS/MND are necessary in response to this comment. • Western Bumble Bee (Bombus occidentalis)
o This species' status is currently under review under the Endangered Species Act (ESA), and species under ESA review does not automatically receive protections under the Endangered Species Act (ESA) until it is officially listed as endangered or threatened. o The western bumblebee has three primary habitat requirements: suitable nesting sites for colonies, access to nectar and pollen from floral resources throughout the colony's active period, and appropriate overwintering sites for queens. Larger, contiguous areas of potential habitat are found at McLaughlin Eastshore State Seashore and Cesar Chavez Park. As a habitat generalist, the species can thrive in a variety of environments, meaning any open space could potentially serve as a habitat. Therefore, it cannot be ruled out that this species may inhabit the area in question. o No revisions to the Draft IS/MND are necessary in response to this comment. 18

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Individuals
19

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1 Espinoza, Jesus
From: April Gilbert <[email protected]>
Sent: Wednesday, November 13, 2024 9:57 AM
To: Espinoza, Jesus
Subject: Yay for pickleball courts in Berkeley!!!
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.

Hello Mr. Espinoza,
I am a Berkeley native, a Berkeley resi
dent, and an avid pickleball player, having been a tennis player earlier in my life. I play twice a week at the Cedar Rose courts and strongly support more pickleball courts in Berkeley as Cedar Rose is becoming more crowded by the month.

Please do build new pickleball courts at the Tom Bates cent er but be aware that wind is a huge issue so please also maintain the Cedar Rose courts which are also much closer to my home in Berkeley's Elmwood.

Thank you,
April Gilbert
2512 Russell Street
I1
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1 Espinoza, Jesus
From: Bryon Sutherland <[email protected]>
Sent: Thursday, November 14, 2024 2:02 PM
To: Espinoza, Jesus
Subject: ☑ Pickleball & Soccer at Tom Bates
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.

Hi Jesus,
Just wanted to express my support for Pickleball courts, additional Soccer fields & restaurooms at Tom Bates.

Thanks,
Bryon Sutherland, Berkeley Resident.

I2
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1 Espinoza, Jesus
From: Carmen Padron <[email protected]>
Sent: Wednesday, November 13, 2024 11:13 AM
To: Espinoza, Jesus
Subject: Support for Pickleball Courts and other improvements at Tom Bates Sports Complex 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.

Hi Mr. Espinoza,
My name is Carmen Padrón, and I have lived in Berkeley for over 15 years. I want to voice my support for adding pickleball courts to the Tom Bates Sports Complex, the proposed new soccer field, and the bathroom.

Expanding our recreational facilities would greatly benefit our city by providing more opportunities for exercise and community engagement. The only PB options in the town, Cedar-Rose and the James Kenney Court, are far from meeting our residents' growing interest in pickleball, especially senior citizens who shouldn't have to wait two hours to play one game.

Finally, as a "soccer mom," I see the potential for these courts to serve a variety of activities and foster community connection, especially now that improvements have been made to the nearby intersection, making it easier to access the complex.

Thank you for this initiative to increase our community's recreational offerings. I am looking forward to playing in there.

Best regards,
Carmen Padrón
I3
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1 Espinoza, Jesus
From: Carol Moyer <[email protected]>
Sent: Sunday, November 10, 2024 3:22 PM
To: Espinoza, Jesus
Subject: Pickleball at Tom Bates Sports Complex
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.

Dear Mr. Espinosa,
I support the addition of pickleball courts at the Tom Bates Sports Complex.

Pickleball has provided an opportunity for me and other seniors to maintain good health and a social community while having fun. Additional courts would allow for more people to participate.

Thank you,
Carol Moyer
I4
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1 Espinoza, Jesus
From: CATHERINE CASSEL <[email protected]>
Sent: Sunday, November 10, 2024 3:04 PM
To: Espinoza, Jesus
Subject: Tom Bates Sports Complex
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.

As a long‐time Berkeley resident, I support the addition of pickleball courts at the Tom Bates Sports Complex in Berkeley.

This incredibly popular and fast‐growing sport is enjoyed by all ages and provides a wonderful, healthy way to socialize and strengthen our community.

Thank you for your attention,
Catherine Cassel
I5
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1 Espinoza, Jesus
From: Christie Look <[email protected]>
Sent: Sunday, November 10, 2024 3:40 PM
To: Espinoza, Jesus
Subject: So excited! Pickleball courts!
Importance: High
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.

So excited and looking forward to playing on REAL, dedicated pickleball courts! I play 2-3x/wk (great to keep us retirees in healthy shape) and dedicated courts means better quality play! "Calls" are easy and accurate! Balls don't roll off into the far corner of a tennis court. Court surfaces won't be all cracked and make balls bounce crazily! Four players at once per court versus the typical 2/person at a time tennis courts.

Oh goody - can't wait!
Thank you!!!
Christie Look
59 Harborview Dr.

Richmond 94804
510-453-0319
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From: Colleen W <[email protected]>
Sent: Wednesday, November 13, 2024 10:08 AM
To: Espinoza, Jesus
Subject: Tom Bates Sports Complex Pickleball
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.

Mr. Espinoza,
I am a Berkeley resident. I play pickleball for both exercise and social contact regularly, but I have to travel (mostly by car) to El Cerrito, Richmond, Albany or Oakland most of the time. There are very few courts in Berkeley, and they are often booked up far in advance. Moreover, the tension between the residents near the Cedar‐Rose courts and the players there has led to restricted hours, exacerbating the problem.

Additional courts in Berkeley would be very benefi
cial for me and for the fast‐growing Berkeley pickleball community. I strongly support the addition of pickleball courts to the Tom Bates Sports Complex.

Best,
Colleen Whitney
1335 Kains Ave., Berkeley
I7
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From: Dana Tillson <[email protected]>
Sent: Sunday, November 10, 2024 10:11 PM
To: Espinoza, Jesus
Subject: Tom Bates Fields updates
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.

Hello, Jesus,
As a 40 resident of Berkeley, the propos
al to add 8 pickleball courts and an additional youth soccer field, along with LONG OVER DUE bathrooms to Tom Bates Fields would dramatically increase the quality of life for our residence.

Yes please!
Thank you.

Dana Tillson
1953 Yosemite Rd, Berkeley, CA 94707
I8
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From: Debbie DeVoe <[email protected]>
Sent: Sunday, November 10, 2024 5:26 PM
To: Espinoza, Jesus
Subject: Add pickleball courts at Tom Bates
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.

Dear Mr. Espinoza,
im writing you as a Berkeley resident asking you to support the addition of pickleball courts at the Tom Bates Sports Complex. Pickleball is incredibly popular and there is too long of waittimes at all of the courts in town. Please also consider more on the south side of town as well! Thank you.

Debbie DeVoe
2737 Forest Ave, Apt 301
Berkeley, CA 94705
[email protected]
I9
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From: Dominic Valerian <[email protected]>
Sent: Monday, November 11, 2024 8:46 AM
To: Espinoza, Jesus
Subject: Support for Tim Bates Pickleball
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.

As a Berkeley resident, I support the addition of pickleball courts at the Tom Bates Sports Complex becaus e it is often
hard to find open courts to play on. The Cedar Rose courts are nice but the three reservable courts are usually booked during prime hours, the single open play court isn't conducive to balanced games, there are problems with neighbors, and the hours are limi
ted (closed Mondays and after dark).

I hope the new courts will have good lights for night time play. The lighting at the James Kenney pickleball court is inadequate but the new Ocean View courts in Albany are well lit. Wind mitigation is also critical as pickle ball doesn't work with significant wind and that part of the waterfront is very windy. Without effective wind mitigation, the courts will be unplayable much of the time.

Thanks,
Dominic Valerian
1123 Camelia St, Berkeley, CA 94702
I10
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From: [email protected]
Sent: Sunday, November 10, 2024 5:30 PM
To: [email protected]; Espinoza, Jesus
Subject: Re: [Oakland Pickleball] Update on new Pickleball Courts in Berkeley 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.

Hi Jesus.

I support 100% adding more Pickleball courts in Piedmont. It is fabulous. It is very social and very community oriented. It is amazing exercise for all ages especially seniors. And it is a tremendous asset for the community. I fully support it.

Gadi at 43 Park way in Piedmont.

Gadi Meir
On Sunday, November 10, 2024 at 02:56:21 PM PST, 'Cathy Taruskin' via Oakland Pickleball <[email protected]> wrote:

The Berkeley Parks Dept. has been working on plans to add 8 pickleball courts to the Tom Bates Sports Complex at the west end of Gilman St. The project will also add bathrooms and a youth soccer field. One of the many steps in the process is an environmental review (CEQA). A public hearing is scheduled at the Parks Commission meeting on Wed 11/13, 7pm at the Frances Albrier Community Center auditorium, 2800 Park St in Berkeley. Here is the agenda:
https://berkeleyca.gov/sites/default/files/legislative-body-meeting- agendas/PRW%20Agenda%202024-11-13.pdf
Pickleball and soccer enthusiasts are encouraged to attend to show support for the project in case there is some opposition to it for whatever reason. You are welcome to attend and speak if you’d like, or write to the commission to show your support.

WHY WRITE? Since Cathy Taruskin's original presentation to the Berkeley Parks and Rec Commission in 2019 asking for pickleball courts in Berkeley, 156 members of our group have written to the Berkeley City Council and to the Parks Department on various occasions to request pickleball courts in Berkeley, to defend Cedar Rose pickleball, and to request additional courts in Berkeley. These letters have been successful on all three counts and this show of support is what has led to the inclusion of Pickleball in the Tom Bates Project. But the City hasn't heard from us as a group in years, and we need to remind them that we are still here, that the community has grown exponentially and that the need for more courts is even greater. Even if you think you'll never play at the new Tom Bates pickleball courts, their existence will certainly help offset the overflow of players at other nearby courts and make wait times shorter for all of us. Just a simple one-line message to I11
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From: Holly Wing <[email protected]>
Sent: Tuesday, November 12, 2024 8:23 AM
To: Espinoza, Jesus
Subject: Adding more pickleball courts in Berkeley
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.

Dear Jesus Espinoza,
I am writing regarding the proposed pickle ball courts to be added to Tom Bates sports complex.

As a Berkeley resident, I support the addition of pickleball courts at the Tom Bates Sports Complex because it will provided much needed additional space for Berkeley community members to play this fun and healthy sport. I started playing just over 1 year ago and have since improved my fitness and developed new community connections. I love how this sport is available to people from almost any age group and better still, brings us together! Berkeley high students, college students, middle aged working people like me, and retirees all play together. It is such a warm and welcoming sport and it needs more space in Berkeley.

Thank you for making it more available
Sincerely,
Holly Wing
Sent from my iPhone
I12
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From: Inette Dishler <[email protected]>
Sent: Wednesday, November 13, 2024 4:26 PM
To: Espinoza, Jesus
Subject: Berkeley Pickleball
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.

As a Berkeley resident, and pickleball enthusiast, I support the addition of more pickleball courts in Berkeley. The interest in the sport keeps growing and it's g
etting harder and harder to get court time.

This addition to courts can include the Tom Bates Sports Complex, as long as there is a wind mitigation strategy. Wind is the enemy of pickleball, and playing so close to th
e Bay is problematic. There would also have to be more parking, as the Tom Bates facilities stay very busy and crowded.

I also hope you're looking to add courts to other parks in Berkeley, or at least to stripe more tennis courts for dual purpose use.

My favorite place to play is Cedar Rose, because they are dedicate d courts, and you can reserve them, and I don't have
to drive to them, making it an environmentally friendly option! I do constantly ask people there to be respectful of the neighbors by limiting noise and using the quieter balls! Thanks for helping us pi
ckleball players get good exercise and stay healthy!
Sincerely,
Inette Dishler
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From: Silvertrek <[email protected]>
Sent: Wednesday, November 13, 2024 1:54 PM
To: Espinoza, Jesus
Subject: Yes to Tom Bates Sports Complex and Pickleball 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.

Hi Mr. Espinoza,
I’m a resident of Berkeley (1809 Curtis St) and I’m very excited about the possibility of additional pickleball courts at the Tom Bates Sports Complex. I started playing pickleball seven months ago and it has been a wonderful opportunity to exercise and make new friends.

The courts at Cedar Rose are great but they are often full. I hope that the courts at the Tom Bates Sports Complex would encourage other Berkeley residents to enjoy this sport and build community.

Thank you,
Jeannette Hilgert
I14
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From: Jenny Lu Foo <[email protected]>
Sent: Sunday, November 10, 2024 3:27 PM
To: Espinoza, Jesus
Subject: Tom Bates Pickleball Courts
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.

Hello,
I support the addition of pickleball courts at the Tom Bates Sports Complex.

Thank you
I15
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From: Jill Shinkle <[email protected]>
Sent: Thursday, November 14, 2024 12:19 PM
To: Espinoza, Jesus
Subject: please support new pickleball courts at the Tom Bates Complex 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.

Dear Mr. Espinoza,
Additional pickleball courts are definitely needed in Berkeley.

Current players desire to increase access to this healthy and easy‐to‐learn sport for additional members of the community. We particularly think that these new courts will enable youth and younger adult players to become involved in the game. Thank you so much for supporting th ese courts and increasing healthy opportunities to play.
‐‐
Jill Shinkle
(510) 332‐1761
I16
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From: Jim French <[email protected]>
Sent: Sunday, November 10, 2024 3:48 PM
To: Espinoza, Jesus
Subject: Pickleball courts at Bates Sports Complex
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.

As a 5th generation Berkeley resident (my kids, were 6th generation Berkeley residents, and also BHS graduates), I support the addition of pickleball courts at the Tom Bates Sports Complex. I live in Berkeley but mostly play pickleball now in crowded courts in Albany, El Cerrito, and Richmond, because that’s where I can get on courts. More pickleball courts in Berkeley will benefit the fitness and social lives of many, including me.

Thanks for your consideration.
‐‐Ji
m French
Thousand Oaks neighborhood resident
Sent from my phone.
========
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From: Jimmy T Tran <[email protected]>
Sent: Sunday, December 1, 2024 12:55 PM
To: Espinoza, Jesus
Subject: Support for Pickleball Courts at the Tom Bates Sports Complex 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.

Dear Mr. Jesus Espinoza,
As a Berkeley resident, I support the addition of pickleball courts at the Tom Bates Sports Complex becaus e it will
provide more available courts which would help with creating more access to all local residents. Personally, Pickleball brought me out of the Pandemic and back into the community, and other than the Golden State Warriors is one of the remaining activities that all East Bay residents
can get agree on and get behind. Please continue to help us bring the community together. Thank you.

Jimmy T Tran
STEM Makerspace Teacher @ Longfellow Middle
I18
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From: John Poppleton <[email protected]>
Sent: Tuesday, November 12, 2024 7:25 AM
To: Espinoza, Jesus
Subject: Pickleball
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.

There is a vibrant community of Pickleball players in Berkeley with too few courts available. I am wri ting to urge the city
council to keep the Cedar Rose courts so that these are available in addition to the new courts at the Tom Bates Sports Complex.
_________________________________________________
John Poppleton
Personal mobile: 250-241-1011
Work mobile: 925-683-3673
I19
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From: Joyce Kanyuk <[email protected]>
Sent: Sunday, November 10, 2024 8:31 PM
To: Espinoza, Jesus
Subject: Pickleball
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.

As a Berkeley resident I strongly support adding pickleball courts to theTomBates Sports Complex.

Thank you
Joyce Kanyuk
I20
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1 Espinoza, Jesus
From: Kai Shen <[email protected]>
Sent: Sunday, November 10, 2024 3:36 PM
To: Espinoza, Jesus
Subject: Pickleball courts
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.

Hello, I’m writing in support of having pickleball courts at the Tom Bates center. There is a huge pickleball community and need for courts in the area.

Thank you!
Kai Shen
I21
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From: Karen Gee <[email protected]>
Sent: Tuesday, November 12, 2024 3:44 PM
To: Espinoza, Jesus
Subject: Pickleball courts at Tom Bates Sports Complex
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.

I am writing to support building pickleball courts in the plan for new facilities at the Tom Bates Sports Complex. The courts will support the fastest growing sports in the U.S. and help ease overcrowding at the few courts currently in Berkeley. I am an Oakland resident, and players from Berkeley are having to use Oakland pickleball courts because there is insufficient court space in Berkeley. Locating courts at the Tom Bates Sports Complex will also accommodate pickleball in an area that is away from residential housing that might be disturbed by noise if the courts were built in residential areas.

Thank you for considering the courts.

Karen Gee
I22
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From: Kevin RoseWilliams <[email protected]>
Sent: Wednesday, November 13, 2024 7:27 PM
To: Espinoza, Jesus
Subject: New Pickleball and Soccer facilities at Tom Bates Sports Complex 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.

Jesus,
As a long time resident of Berkeley I’d like to let you know that I whole‐heartedly support the further development of the Tom Bates Sports complex to include 8 pickleball courts, a small soccer field, and a fully developed toilet facility.

I coached yo
uth soccer at Albany Berkeley Soccer Club from 1995 to 2010 and always appreciated whatever field, or scrap of grass, we could use in order to develop the players and reach our goals; every extra field will help the current coaches and players.

I have been playing pi
ckleball since the pandemic, I love playing at Cedar/Rose Park, but it is often so booked‐up it is unavailable.

There have been many times that I have had to travel to El Cerrito, Albany, Richmond or North Oakland to find a court to play on, we really nee
d a lot more more courts here in Berkeley.

As you’ve probably heard ten thousand times already, wind affects the game of pickleball a lot; please invest time and effort in coming up with a plan that shields the courts from the worst of the afternoon winds that we can expect down at the side of the Bay.
thanks
Kevin Rose‐Williams
P.S. the court
s at Cedar/Rose Park are very popular, especially for local residents who arrive on foot and by bicycle, please do everything you can to keep them open, even after the ne w complex of courts is open down by the Bay.

I23
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From: Kyle Muro <[email protected]>
Sent: Monday, November 11, 2024 12:55 PM
To: Espinoza, Jesus
Subject: Berkeley Pickleball Courts
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.

As a Berkeley resident I support the addition of pickleball courts at the Tom Bates Sports Complex becaus e of how much
I and others use the Cedar Rose pickleball courts.

Please include lights to play at night at the Tom Bates complex and wind mitigation so that the courts are usable! I think it is a great location to have night pickleball for the wi nter when the sun is setting at 5 pm like it is now. There are no neighbors to be disturbed so it should be feasible for players to go until 10 PM at night and have time to play after they finish their work day.

Thank you!
Kyle Muro
1502 Francisco St, Berkeley, CA 94703
559‐
707‐8088
I24
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From: laura leaverton <[email protected]>
Sent: Friday, November 15, 2024 9:35 PM
To: Espinoza, Jesus
Subject: Tom Bates Pickleball Courts
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.

Hello,
I’m a Berkeley resident for 22+years, and would like to express my support for additional pick leball courts in Berkeley. I
understand a plan includes them at the Tom Bates fields. I currently play at Bushrod, because it has the greatest capacity. There are many players competing for limited court space. I hope you will add new courts soon! Thanks,
Laura Leaverton
1910 Sacramento St, Berkeley, CA 94702
510‐847
‐6365
I25
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From: Lauren <[email protected]>
Sent: Wednesday, November 13, 2024 7:07 PM
To: Espinoza, Jesus
Subject: In support of Pickleball courts at Tom Bates Sports Complex 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.

Dear Mr. Espinoza,
My name is Laur
en Quock and I live in North Berkeley and have been a Berkeley resident for 20 years. I am writing to voice my support for pickleball courts at the Tom Bates Sports Complex. I recently started playing pickleball and love how accessible the sport is for people of various ages and fitness levels. I currently drive 30 minutes to Oakland to play pickleball. Ha
ving pickleball courts closer to my house would mean that I could play more frequently and stay more active.

Thank you!
Sincerely,
Lauren Quock
I26
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From: Lesley Turner <[email protected]>
Sent: Wednesday, November 13, 2024 1:25 PM
To: Espinoza, Jesus
Subject: New pickleball courts!
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.

Hello Mr Espinosa,
As a resident of Berkeley i want to register my support for th e proposed pickleball courts! I began the sport two years ago and am an a id enthusiast!! I often have to wait to play at the Richmond ones so i am all for more having more!! Thank you so much!
Margaret Lesley Turner
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From: LORI LEE <[email protected]>
Sent: Sunday, November 10, 2024 7:28 PM
To: Espinoza, Jesus
Subject: Pickleball
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.

Dear Mr. Espinoza‐
I have been a resident of Berkeley on and off since attending CAL in 1992. I now own a home since 2010. I love pickleball and it has saved my mental and physical health especially since the pandemic. I go to Oakland and Richmond to play. I find it a bit harder to access Cedar Rose. But I would really enjoy having a court closer to me on the West end. I hope you will consider making some more courts in our City and suppor t public courts for all to enjoy also night lights so we can play at night.

Thanks
~Lori Lee
2330 10th Street
I28
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From: Lovell S Jarvis <[email protected]>
Sent: Monday, November 11, 2024 7:31 PM
To: Espinoza, Jesus
Subject: I support the addition of pickleball courts at the Tom Bates Sports Complex and also retention of the Cedar-Rose pickleball courts
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.

Dear Jesus,
I strongly support the construction of pickleball courts at the Tom Bates Sports Complex.  Pickleball is a rapidly growi ng
sport in Berkeley, played by children and a wide age‐range of adults.  It’s a place where pickleball players have fun, get beneficial exercise, and build community.  I’ve been playing at the Cedar‐Rose Courts for three and a half years with a large co‐
ed group that now numbers 19 players.  Each week, on Tuesdays and Thursdays, we rent two courts for two hours each and take turns, mixing up teams, laughing, lamenting our failures, celebrating our successes, and becoming better and better friends.  I’ve never played
sports with such an enjoyable group of people – and very few of the group even knew each other before coming to the courts.

The courts are packed most of the time. More are needed – so adding courts at the Tom Bates Sporting Complex is an investment that will allow many additional players to start playing – and they wi ll. The game is really enjoyable and very
accessible athletically.

Also, please do retain the Cedar‐Rose courts. They’re also needed.

Thanks to the City Council for its consideration.

Lovell (Tu) Jarvis
670 Creston Road
Berkeley, CA 94708
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From: Margaret Ostrander <[email protected]>
Sent: Monday, November 11, 2024 12:13 AM
To: Espinoza, Jesus
Cc: Margaret Ostrander
Subject: Yes to Pickleball at the Tom Bates Sports Complex 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.

Hello!
I am writing with enthusiasm and hope! The addition of pickleball courts to the Tom Bates Spo rts Complex will bring joy
to the community, provide exercise opportunity to those of all levels/ages, and the opportunity create positive relationships.

Stories like mine are not unusual — but do require our cities and parks departments to provide the infrastructure to make pickleball accessible to all. Here’s my story:

When I arrived in the Bay Area (just a year ago!), pickleball became the primary way for me to connect to my new commu
nity. What a surprise!! I had never played an organized sport or had an exercise routine.

I went to Bushrod Park in Oakland, a city‐run park, where I’ve played pickleball ever since. I didn’t know anyone in the area. I soon came to know that the pickleball community loves to have fun, creates intentional space for new players, and are simply kind.

Pickleball has made me a much healthier person, with the following impacts on my life:

1. Decreased anxiety, depression and other mental health symptoms

2. Increased range of motion and reduced pain I my arm, which is affected by breast cancer surgery. (Lymphadema)

3. Increased strenuous exercise, with more time outdoors

5. Increased healthy social relationships

6. Affordable & accessible self-care and motivator.

Thank you for considering this letter of support for
pickleball courts at Tom Bates.

Do not hesitate to reach out if there are any questions via email or cell 612‐559‐7623.

Sincerely,
Margaret Ostrander
Margaret Ostrander
Pronouns: she/her
+1 612 559 7623
LinkedIn.com/in/margaretostrander
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From: Marguerite Lee <[email protected]>
Sent: Sunday, November 10, 2024 3:44 PM
To: Espinoza, Jesus
Subject: Pickleball Courts at Tom Bates
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.

I live in Berkeley and I support the construction of more pickleball courts at the Tom Bates Sports Complex. If approved, wind mitigation should be part of the construction planning process.

Thank you,
Marguerite Lee
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From: Mei G <[email protected]>
Sent: Monday, November 11, 2024 2:11 PM
To: Espinoza, Jesus
Subject: pickleball courts in Berkeley
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.

I have lived and worked in Berkeley (I’m currently a homeowner) for almost 45 years. I want to add my support for the addition of pickleball courts at the Tom Bates Sports Complex and any additional locations in Berkeley. I encourage the City to mitigate as much as possible the wind issues that are prevalent along the Bay as it makes it very challenging if not almost impossible to play with a “wiffle-like” plastic ball. I play pickleball 4-6 times a week and it has been a lifesaver in my retirement with significant physical, social, mental benefits.

Thank you for your kind consideration.

Mei Griebenow
2100 block of California Street
Berkeley, CA 94703
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From: Molly Reno <[email protected]>
Sent: Sunday, November 10, 2024 5:13 PM
To: Espinoza, Jesus
Subject: Tom Bates Pickleball Courts
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.

Hi,
As a Berkeley resident, I appreciate the existing pickleball courts and hope more courts are added at Tom Bates facility.

Thanks for considering my input.

Molly
Molly H. Re
no
Pronouns: she/her
Sent from my iPhone
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From: Nicole Naffaa <[email protected]>
Sent: Wednesday, November 13, 2024 10:44 AM
To: Espinoza, Jesus
Subject: Support for Pickleball Courts
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.

Dear Me Espinoza,
As a Berkeley resident, I would like to register my strong support for the a ddition of pickleball courts at the Tom Bates
Sports Complex.
thank you,
Nicole Naffaa
‐‐
Nicole Naffaa
(she/her/hers)
(510) 684‐0277
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From: NINA BOEDDEKER <[email protected]>
Sent: Wednesday, November 13, 2024 9:27 PM
To: Espinoza, Jesus
Cc: Taplin, Terry
Subject: More Pickleball courts for Berkeley please!
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.

Dear Jesus, and dear Terry,
I am writing to support the idea of building more Pickleball courts in Berkeley, as well as preserving and maintaining the existing courts at Cedar Rose park.

I am a longterm reside
nt of Berkeley, but until a few years ago I had never ventured into any of the Sports facilities that our city has to offer. However, when a friend introduced me to Pickleball about 4 years ago I was instantly hooked.

I have been playing mostly at Cedar Rose park since then. I am part of a group that meets there regularly, and it has become an im
portant part of my community and social network. We play, we laugh, we get lots of exercise, and I am always meeting new people.

The sport is so accessible, very beginner‐friendly, and the e quipment needed is inexpensive. No wonder it’s been the fastest growing sport across the nation!
With all that said, please prioritize building more courts! Just imagine that on the size of one tennis court one could have 4 pickleball courts with a total of 16 play ers at a time! May thanks for your work and your consideration,
Nina Boeddeker
2319 Curtis St
Berkeley
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From: Paul Gee <[email protected]>
Sent: Sunday, November 10, 2024 3:16 PM
To: Espinoza, Jesus
Subject: Tom Bates Sports Complex - Pickleball
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.

Hi Jesus,
I want to express my full support for the plan to improve the Tom Bates Sports Complex to support the large and rapidly growing pickleball community.

I have been playing pickleball for the last two years and appreciate when I can find a good community and courts to support our game.

Thanks for all you do,
Paul Gee
510-502-8465
Berkeley resident
I36
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1 Espinoza, Jesus
From: Terry Robinson-Kochi <[email protected]>
Sent: Sunday, November 10, 2024 5:40 PM
To: Espinoza, Jesus
Subject: Tom Bates Sports Complex
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.

As a Berkeley resident, I support the addition of pickleball courts at the Tom Bates Sports Complex because our town needs more courts in response to the growing numbers of pickleball players.

Thank you,
Terry Robinson-Kochi
Terry
.·´¯`·.. <º))))><`·.¸¸.·´¯`·.¸.·´¯`·...¸<º))))><
¸.·´¯`·.¸., . .·´¯`·..¸¸.·´><((((º>¸¸.·´¯`·..¸¸.·´><((((º> I37
56

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1 Espinoza, Jesus
From: Tiger Whittemore <[email protected]>
Sent: Wednesday, November 13, 2024 7:01 PM
To: Espinoza, Jesus
Subject: Pickleball at the Gilman Sports Complex
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.

Please support the proposed 8 pickleball courts at the Gilman Sports Complex.

While the wind will be a small issue for Pickleball, the location is the very best for no possible concerns for the potential noise issues that impact nearby residences in other locations.

Thanks for your consideration!
‐‐Tiger Whittemore
510‐612‐2001
I38
57

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1 Espinoza, Jesus
From: [email protected]
Sent: Sunday, November 10, 2024 10:15 PM
To: Espinoza, Jesus
Subject: Pickleball
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.

Dear Mr. Espinoza :

I'm a long term resident of Berkeley . I play piclkebaaa twice a week in Oakland.

I would appreciate it if you could do what you can to establish piclkleball courts at the Tom Bates field.

Sincerely,
Wayne Huber
1185 Sterling Avenue
I39
58

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1 Espinoza, Jesus
From: William Florian <[email protected]>
Sent: Sunday, November 10, 2024 4:42 PM
To: Espinoza, Jesus
Subject: Pickleball in Berkeley
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.

I play Pickleball in Berkeley. I support the addition of pickleball courts at the Tom Bates Sports Complex because there are so many players and there will be hundreds more every year. It will be great to have this additional place to play.

Warmly
William
707‐548‐2187 cell
[email protected]
www.thosewerethedays.org
I40
59

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Letter #I1-I40 Response:

The Draft IS/MND was made available to the public for comments between November 7, 2024 and December 7, 2024. The City has notified the public via email and posted signs at the park, requesting comments on the Draft IS/MND, which has been published on the State Clearinghouse website. Five copies of the draft IS/MND were also made available for public comments at Alameda County Clerk- Records’s Office on November 6, 2024. A total of 40 individuals submitted their support via email. Below is the standard response to the comments received.

Response I1-I40: Standard Response
The City appreciates and acknowledges the positive feedback from all those who voiced their support in their comments. No revisions to the Draft IS/MND are necessary in response to those comments. 60

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Public Hearing Oral Comments
Although Public Hearing is not required per CEQA Section 15202 (a), on November 13, 2024, the City held a public hearing during the City of Berkeley Parks, Recreation, and Waterfront commissioners meeting, where the Draft IS/MND was presented to both the Commissioners and the public, providing an opportunity for comments on the Draft IS/MND. A presentation summarizing the Tom Bates RSC Project and the Draft IS/MND was provided at the meeting and City staff and consultants were available to answer questions regarding the CEQA document. The comments below were provided orally during the meeting.

Public Hearing Oral Comments PH1: Brennan Cox, Commissioner – City of Berkeley Parks, Recreation and Waterfront
The commissioner suggested that the pickleball courts be clustered on one side of the site, with benches placed centrally and was concerned about the location of the pick-up/drop-off area being close to the ADA parking stalls. Additionally, they questioned about the location of the bioswale.

Public Hearing Oral Comments PH2: Bill Powning
The individual thanked the City for advancing the project and being receptive to the community.

Public Hearing Oral Comments PH3: Kathy Teraskin
The individual thanked the City for advancing the project and being receptive to the community.

Public Hearing Oral Comments PH4: Kelly Hammargren
The individual expressed concerns about the noise generated by the pickleball courts and the wind screening used, suggesting that it should be designed to be bird-friendly.

Public Hearing Oral Comments PH5: Ted Steen
The individual recommended the use of synthetic turf for the new soccer field, the removal of two pickleball courts to make the soccer field larger. Additionally, they requested improved lighting in the parking lot and enhanced lighting for the new soccer field.

Public Hearing Oral Comments Response #PH1-PH4 Response:

Response PH1-PH5: Please see Standard Response in the previous section. No revisions to the Draft IS/MND are necessary in response to those comments.

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TEXT REVISION TO THE DRAFT IS/MND
This section includes revisions to the Draft IS/MND by errata as allowed by CEQA. The revisions reflect new information that merely clarifies, amplified, or makes minor modifications based on information gathered since the publication of the Draft IS/MND. New text is underlined to indicate additions, and deletions are shown with strikeout for clarity. The changes are organized according to the section and page order in the Final Initial Study Mitigated Negative Declaration (IS/MND) and Mitigation Monitoring and Reporting Plan. Following the publication of the Draft IS/MND, some text updates were made the text:

Description of project
• Pages 74-76 - Description of Project section, is modified as follows:

The phases were to be built as funding became available. In 2008, the City installed a lighting system for the two soccer fields, grass fields, and an irrigation system. In 2011, the City completed the baseball field and part of the second parking lot. The City is currently proposing to develop the remainder of Phase 2, which includes three natural turf fields, a tot lot, a field house, and additional upgrades, as described in this section. The project site is owned by the East Bay Regional Park District (EBRPD) and managed under a sublease by the City. The project is sponsored by the City which is serving as the lead agency for the land use approvals under the terms of a Joint Exercise of Powers Agreement executed in 2003 by the cities of Berkeley, Emeryville, Albany, Richmond, and El Cerrito calling for the collaborative development of sports fields for regional use.

room and storage room; new soccer field for players under the age of 8 (U8), eight pickleball courts and bleachers for two of the courts; reconfigured parking lot to add more stalls and electric vehicle (EV) charging stations and temporary lot during construction; bicycle racks and lockers and walkways that are compliant with the Americans with Disability Act (ADA); stormwater bioretention features and landscaped areas; new electric service and a sanitary sewer lift station. The project components are discussed in more detail below. The City will ensure the implementation of the commitments outlined implement the commitments listed in Attachment 2 – Commitment list for design, construction, and operation as part of the Project and will continue to implement best practices for site maintenance. This will include the ongoing adoption of best practices aimed at minimizing environmental impacts and promoting sustainability throughout the project's lifecycle and site maintenance. 62

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Construction is anticipated to commence in April August 2025 and last approximately six months. The construction workdays and hours would be Monday to Friday inclusive, 7:00 AM to 5:00 PM local time.

Work at the site on weekends or holidays will not be permitted unless the construction contractor requests otherwise from City in writing at least 48 hours in advance and City approves in its sole discretion.

Community Space Facility
The 1,408 square foot community space facility is a prefabricated concrete masonry building comprised of four transportable modules constructed and fabricated in Minden, Nevada, about 200 miles from the site. A mobile crane would lower the building modules into place on the project site. The facility would include a multi-use room for light storage and meetings, five gender neutral restrooms three of which will be ADA compliant, a storage room, and drinking fountains. Concrete piles to support the Community Space Facility would be cast in auger and drilled into 25-foot-deep holes. Pile driving would not occur.

The area surrounding the proposed community space facility would include security gates and fencing, access stairs, an ADA-compliant switchback ramp, and retaining wall to accommodate the approximately 6-foot change in elevation. Wall-mo
unted lighting would illuminate the area around the community space facility. In addition, one light pole and light would illuminate the ADA-compliant switchback ramp.

All lighting would use fixtures approved by the International Dark-Sky Association.

The building will be Leadership in Energy and Environmental Design (LEED) certified as per the U.S.

Green Building Council Certified Level LEED Building Design and Construction Version 4.1 (2023). The project is designed for LEED certification. If the LEED designation is not awarded, the design would still meet the requirements of the California State Green Building Code (CALGreen) by following the CALGreen Code Compliance Checklist (Non-Residential).

The facility will contain a new sanitary sewer lift station and force main, electrical, communications, and potable water service. The Project also includes the expansion of the existing post-construction stormwater treatment bioswale and a new bioretention basin, compliant with the Clean Water Program C.3 Stormwater Technical Guidance (2023), to accommodate the proposed site improvements.

Pickleball Courts
Eight pickleball courts will be installed featuring a concrete or asphalt surface. Six courts will measure approximately 30 x 64 feet, and two courts will measure approximately 34 x 64 feet. Excavations will be to a depth of up to two feet. All will have corresponding court striping and nets. The two larger courts will have a bleacher installed to the west of the courts. No new lighting for the courts is proposed as part of the project.

U8 Soccer Field
A U8 soccer field will be constructed to accommodate youth soccer leagues. In addition, adult users may utilize the field for practices. Excavations will be to a depth of up to two feet. The field will be comprised of natural grass. Full irrigation will be included. The field will have security gates and fencing where required. No additional lighting for the field is proposed as part of the project. 63

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Parking
Parking facility improvements are included as part of the Project. The existing parking lot will be reconfigured, increasing parking spaces from 94 to 125, and improved by adding 13 active and 25 ready EV charging stations. The number of proposed charging sta tions meets CALGreen Code 5.106.5.3.3 and
City of Berkeley Municipal Code 19.37.040: 10 percent of the parking spaces will be wired, and 20 percent of the parking spaces will have the infrastructure for future EV charging stations. ADA-compliant walkways will be provided connecting the parking lot and community space facility. The Project also includes optimization measures for traffic circulation to be able to accommodate the additional parking stalls.

During construction, the existing paved area to the west of the RSC will be striped and utilized as a temporary parking lot with capacity for up to 94 automobile parking stalls, including four ADA stalls. This will also include widening the access driveway to accommodate traffic circulation and the inclusion of an ADA-compliant walkway.

The design of the parking facilities includes pedestrian and bike access to the Bay Trail extension which is part of the Gilman Street project (Caltrans, 2019).

The Project includes new bicycle parking. Bicycle parking capacity will increase from the existing approximately eight bicycle rack spaces to include up to 18 bike lockers.

Additional parking is currently available at the unpaved parking lot (Figure 1) with approximately 70 stalls, including 3 ADA-compliant stalls. An existing paved road bordering the west side of the grass field provides access from this lot to the south end of the Project.

Utilities
The Project will include improvements to on-site drainage through the creation of a new three tw o-foot
deep bioretention basins and enhancement of the existing bioswale. The storm drain connection will be constructed at a maximum depth of about six feet.

The project will include a connection to potable water, a new sanitary sewer lift station, force main and sanitary sewer gravity pipe., communication and potable water. The lift station foundation will be 13 feet deep. Connections to water and sanitary sewer will be made to existing infrastructure that is already located onsite within the park boundaries. The capacity of the existing water and sewer infrastructure on site utilities is adequate to serve the new park uses. The storm drain connection will be constructed at a depth of six feet.

A new electric service and transformer will be required from Pacific Gas & Electric Company (PG&E) to provide sufficient capacity for the EV charging stations and the new Community Space Facility. This
connection will be made at the existing PG&E power pole switch located on City property at the northeast corner of the RSC and will run underground along the north side of the existing soccer fields, then south to the new Community Space Facility through the existing parking lot. The electrical service will be designed to accommodate a planned 1000-amp service. Of those, 200 amps of electrical capacity are designated for use by the proposed Community Space Facility, with the remaining 800 amps dedicated to electric car vehicle charging stations in the parking lot. A new communications service from AT&T and sanitary sewer lift station will also be required to serve the new Community Space Facility.

The point of connection will be an AT&T handhole located within the sidewalk on Gilman Street near the northeast corner of the RSC site.
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Biological Resources
Following the publication of the Draft IS/MND, the City became aware that in October 2024, the California Department of Fish and Wildlife (CDFW) designated the burrowing owl as a candidate species for potential listing under the California Endangered Species Act (CESA). During the review period, candidate species receive the same protections as fully listed species under CESA. As a result, an Incidental Take Permit (ITP) would be required if take is identified during surveys, and coordination with CDFW will take place.

It is important to clarify that the Draft IS/MND already anticipated potential impacts to burrowing owls an
d included mitigation measure BIO-1 to reduce these impacts. The inclusion of coordination with CDFW regarding the ITP does not change the conclusions of the analysis and/or the significance findings in the Draft IS/MND for the project site; rather, it strengthens the mitigation measures for potential impacts on burrowing owls.

After reviewing all comments received on the Draft IS/MND and incorporating new information regarding the change in the burrowing owl's status under CESA into the document, the lead agency has determined that these changes do not necessitate recirculation of the Draft IS/MND.

Pe
r Section 15073.5(c) of the CEQA Guidelines, recirculation is not required under the following circumstances:
(1) Mitigation measures are replaced with equally or more effective measures, pursuant to Section 15074.1.
(2) New project revisions are added in response to written or verbal comments on the project’s effects identified in the proposed negative declaration, provided these revisions do not result in new significant effects.
(3) Measures or conditions of project approval are added after circulation of the negative declaration that are not required by CEQA, do not create new significant environmental effects, and are not necessary to mitigate an avoidable significant effect. (4) New information added to the negative declaration merely clarifies, amplifies, or makes insignificant modifications to the original declaration.

Recirculation of the Draft IS/MND is not required when mitigation measures are replaced with equally or more effective measures, as outlined in Section 15074.1 of CEQA Guidelines. As mentioned above, the inclusion of additional coordination with CDFW strengthens the mitigation measures for potential impacts on burrowing owls. Additionally, during the public hearing on November 13, 2024, the City informed the public about the new regulatory changes and explained how the updated process will be followed, as required by CDFW. Revisions made to this report to address these changes meets these criteria.
65

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• Pages 89-94 – Section IV. Biological Resources is modified as follows:
a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife and Game or U.S.

Fish and Wildlife Servi
ce?
Less Than Significant Impact with Mitigation Incorporated:

Short-term Construction-Related Impacts
Short-term construction-related effects would result from the presence and movement of construction equipment, construction fencing, and additional lighting sources provided on the Project site, which could affect or destroy habitat, or otherwise “take” protected plant or animal species. As identified in Attachment 3, the BSA does not contain habitat to support any of the special-sta tus plant species known
to occur in the larger vicinity. The Project would therefore not result in impacts to any special-status plant species. No avoidance, mitigation, or minimization measures are proposed for special status plant species.

As identified in Attachment 3, no special status animal species, other than the burrowing owl, has any likelihood of use of habitat within the BSA. While they would likely avoid the construction area, it is feasible that special status bird species may fly through the BSA; however, they are unlikely to interact with construction equipment during this brief pass-through. The burrowing owl has a low likelihood of presence in the BSA based on analysis of habitat presence but has been observed in the general area in the past, such as at Tom Bates RSC and Cesar Chavez Park (City of Berkeley, 2005; Golden Gate Bird Alliance, 2023). Impacts to burrowing owls would be significant. To avoid significant impacts to the burrowing owl, mitigation measure BIO-1 would be implemented:
• BIO-1 - Burrowing Owl Survey Protocol and Mitigation: Prior to ground disturbing activity, a pre- construction survey for burrowing owls shall be completed by a qualified biologist according to Burrowing Owl Survey Protocol and Mitigation Guidelines and the California Department of Fish and Wildlife (CDFW) protocol identified in the Staff Report on Burrowing Owl Mitigation prior to disturbance of non-native annual grassland areas occupied by ground squirrels (Attachment 4, CDFW, 2012). After the survey is complete, the qualified biologist shall prepare a report that includes but is not limited to: Description of the proposed project or proposed activity, including the proposed project start and end dates, as well as a description of disturbances or other activities occurring on-site or nearby. The survey report will be provided to the City’s Planning Department for review and approval. If any occupied burrows are identified during the breeding season, buffer areas will be established around them and protected until the nesting activities are complete. Any occupied burrow identified outside the nesting season (June-July) will have a one-way gate installed to allow burrowing owls to leave the site. Any identification of burrowing owls will be coordinated with the CDFW. The phases listed below shall be completed by the qualified biologist:
o Phase I: Habitat assessment
o Phase II: Burrow survey
o Phase III: Burrowing owl surveys, census, and mapping o Phase IV: Resource summary, written report
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As of October 2024, CDFW has designated the burrowing owl as a candidate for potential listing as a protected species under the California Endangered Species Act (CESA). During the review period, candidate species receive the same protections as fully listed species under CESA. Any potential take will require an Incidental Take Permit (ITP), which will be coordinated with the California Department of Fish and Wildlife (CDFW) if potential for Take is identified during surveys. Any mitigation will be acquired at the direction of CDFW.

The City will consult with the CDFW Bay Delta Region and submit the required documentation, including this Initial Study Mitigated Negative Declaration, as directed by CDFW.

In addition to construction controls, the project shall comply with the City’s COA - Avoid Disturbance of Nesting Birds to prevent disturbance of nesting birds and initial site disturbance activities, including vegetation and concrete removal, shall be prohibited during the general avian nesting season (February 1 to August 31), if feasible.

If nesting season avoidance is not feasible, the applicant shall retain a qualified biologist to conduct a preconstruction nesting bird survey to determine the presence/absence, location, and activity status of any active nests on or adjacent to the project site. The extent of the survey buffer area surrounding the site shall be established by the qualified biologist to ensure that direct and indirect effects to nesting birds are avoided.

The proposed project could result in a potential impact to burrowing owls. However, with required adherence to California Department of Fish and Wildlife requirements, existing regulations, and implementation of Mitigation Measure BIO-1, the impact would be less than significant.

To avoid the destruction of active nests and to protect the reproductive success of birds protected by the Migratory Bird Treaty Act and the California Fish and Game Code, nesting bird surveys shall be performed not more than 14 days prior to scheduled vegetation and concrete removal. In the event that active nests are discovered, a suitable buffer (typically a minimum buffer of 50 feet for passerines 250 feet for raptors) shall be established around such active nests and no construction shall be allowed inside the buffer areas until a qualified biologist has determined that the nest is no longer active (e.g., the nestlings have fledged and are no longer reliant on the nest).

No ground-disturbing activities shall occur within this buffer until the qualified biologist has confirmed that breeding/nesting is completed, and the young have fledged the nest. Nesting bird surveys are not required for construction activities occurring between August 31 and January 31.

Wildfire
• Page 132 – Section XX Wildfire is modified as follows:

No Impact: Th
e Project site is located in a developed urban area and is not located in or near a state responsibility area or lands classified as very high fire hazard severity zones. The Project would have no impact with respect to Wildfire.

The implementation of the proposed project would not interfere with any adopted emergency response or evacuation plans, nor would it increase wildfire risks. It would not require the installation or maintenance of infrastructure that could heighten fire hazards, nor would it expose people or structures to significant risks, including flooding, landslides, or downslopes caused by runoff, post-fire slope instability, or drainage changes, particularly in areas designated as state responsibility zones or classified as very high fire hazard severity zones. While the project includes the installation of a new electric service line and transformer, it will be constructed in full compliance with local and state regulations concerning power lines, related infrastructure, and fire suppression requirements. As the Project 67

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involves no installation of new infrastructure, it does not include the construction or modification of roads, fuel breaks, emergency water sources, power lines, or other utilities. Additionally, there will be no maintenance or alteration of existing infrastructure that could influence fire safety. Therefore, there would be no impact.

Mandatory Findings of Significance
• Page 134 – Section XXI. Mandatory Findings of Significance is modified as follows:
a) Does the project have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, substantially reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? Less Than Significant Impact with Mitigation Incorporated: The p roposed Project could affect
burrowing owls or their habitat. Impacts to burrowing owls would be significant. As of October 2024, the California Department of Fish and Wildlife (CDFW) has designated the burrowing owl as a candidate for potential listing as a protected species under the California Endangered Species Act (CESA). During the review period, candidate species receive the same protections as fully listed species under CESA. In addition to Mitigation Measure BIO-1, and to ensure compliance with the new regulation, any potential take of the burrowing owl will require an Incidental Take Permit (ITP). If take potential is identified during surveys, coordination with CDFW will be required, and mitigation will be implemented as directed by CDFW. The City will coordinate with CDFW – 3 Bay Delta Region.

To avoid significant impacts to the burrowing owl, mitigation measure BIO-1 would be implemented:
• BIO-1 - Burrowing Owl Survey Protocol and Mitigation: Prior to ground disturbing activity, a pre- construction survey for burrowing owls shall be completed by a qualified biologist according to Burrowing Owl Survey Protocol and Mitigation Guidelines and the California Department of Fish and Wildlife (CDFW) protocol identified in the Staff Report on Burrowing Owl Mitigation prior to disturbance of non-native annual grassland areas occupied by ground squirrels (Attachment 4, CDFW, 2012). After the survey is complete, the qualified biologist shall prepare a report that includes but is not limited to: Description of the proposed project or proposed activity, including the proposed project start and end dates, as well as a description of disturbances or other activities occurring on-site or nearby. The survey report will be provided to the City’s Planning Department for review and approval. If any occupied burrows are identified during the breeding season, buffer areas will be established around the burrow and protected until the nesting activities are completed. Any occupied burrow identified outside the nesting season (June-July) will have a one-way gate installed to allow burrowing owls to leave the site. Any identification of burrowing owls will be coordinated with the CDFW. The phases listed below shall be completed by the qualified biologist:
o Phase I: Habitat assessment
o Phase II: Burrow survey
o Phase III: Burrowing owl surveys, census, and mapping o Phase IV: Resource summary, written report
In addition to construction controls, the project shall comply with the City’s COA - Avoid Disturbance of Nesting Birds to prevent disturbance of nesting birds and initial site disturbance activities, including 68

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vegetation and concrete removal, shall be prohibited during the general avian nesting season (February 1 to August 31), if feasible.

In 1989, the Legislature amended CEQA to require that public agencies adopting feasible mitigation measures outlined in Environmental Impact Reports (EIRs) and negative declarations also implement a mitigation monitoring and reporting program. This program is designed to ensure compliance with any project modifications mandated by the public agency to reduce or avoid significant environmental impacts. A Mitigation Monitoring and Reporting Plan (MMRP) has been developed for the project (Attachment 5).

Attachment 2: Commitment List
• Attachment 2: Commitment List – Biological Resources Section is modified as follows:

Resource
Are
a Commitment Responsible
Party Before During After
Verification
of
Compliance
Date
Biological
Resources
BIO-1: Burrowing Owl Survey Protocol and
Mitigation: Prior to ground disturbing activity, a pre- construction survey for burrowing owls shall be
completed by a qualified biologist according to
Burrowing Owl Survey Protocol and Mitigation
Guidelines and the California Department of Fish and
Wildlife (CDFW) protocol identified in the Staff
Report on Burrowing Owl Mitigation prior to
disturbance of non-native annual grassland areas
occupied by ground squirrels (Attachment 4, CDFW,
2012). After the survey is complete, the qualified
biologist shall prepare a report that includes but is
not limited to: Description of the proposed project or
proposed activity, including the proposed project
start and end dates, as well as a description of
disturbances or other activities occurring on-site or
nearby. The survey report will be provided to the
City’s Planning Department for review and approval.

If any occupied burrows are identified during the
breeding season, buffer areas will be established
Contractor X Verified by:
69

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Resource
Area Commitment Responsible
Party Before During After
Verification
of
Compliance
Date
around the burrow and protected until the nesting
activities are completed. Any occupied burrow
identified outside the nesting season (June-July) will
have a one-way gate installed to allow burrowing
owls to leave the site. Any identification of
burrowing owls will be coordinated with the CDFW.

The phases listed below shall be completed by the
qualified biologist:

Phase I: Habitat assessment
Phase II: Burrow survey
Phase III: Burrowing owl surveys, census, and
mapping
Phase IV: Resource summary, written report
Incidental Take Permit (ITP): Any potential take will
require an Incidental Take Permit (ITP), which will be
coordinated with the CDFW if potential for Take is
identified during surveys. Any other mitigation will
be acquired at the direction of CDFW.

Attachment 5: Mitigation Monitoring and Reporting Plan (MMRP) • Attachment 5: Mitigation Monitoring and Reporting Plan (MMRP) is modified as follows:

Mitig ation
Measure Mit
igation Activities Implemented
by
Monitored
by Before During After
Verification
of
Compliance
date:

BIO-1
BIO-1 - Burrowing Owl Survey
Protocol and Mitigation: In order to
avoid any impacts to Burrowing Owl,
a pre-construction survey for
burrowing owls will be completed by
a qualified biologist according to
Burrowing Owl Survey Protocol and
Mitigation Guidelines and the CDFW
protocol identified in the Staff Report
on Burrowing Owl Mitigation prior to
disturbance of non-native annual
grassland areas occupied by ground
squirrels (Attachment 4, CDFW,
2012). After the survey is complete,
the qualified biologist will develop a
report that includes but is not limited
to: Description of the proposed
project or proposed activity, including
Contractor City of
Berkeley X
Verified by:

Date:
70

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Mitigation
Measure Mit
igation Activities Implemented
by
Monitored
by Before During After
Verification
of
Compliance
date:
the proposed project start and end
dates, as well as a description of
disturbances or other activities
occurring on-site or nearby. The
survey report will be provided to the
City’s Planning Department for
review and approval. If any occupied
burrows are identified during the
breeding season, buffer areas will be
established around the burrow and
protected until the nesting activities
are completed. Any occupied burrow
identified outside the nesting season
(June-July) will have a one-way gate
installed to allow burrowing owls to
leave the site. Any identification of
burrowing owls will be coordinated
with the California Department of
Fish and Wildlife. The Steps below
would be followed:

Phase I: Habitat assessment
Phase II: Burrow survey
Phase III: Burrowing owl surveys,
census, and mapping
Phase IV: Resource summary, written
report.

Incidental Take Permit (ITP): Any
potential take will require an
Incidental Take Permit, which will be
coordinated with the CDFW if
potential for Take is identified during
surveys. Any other mitigation will be
acquired at the direction of CDFW.
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INITIAL STUDY

1. Project title: Tom Bates Regional Sports Complex Restroom and Community Space

2. Lead agency name and address: C
ity of Berkeley - Parks, Recreation & Waterfront
2180 Milvia St, 3rd Floor, Berkeley, CA 94704

3. Contact person and phone number:

Jesus Espinoza
Em
ail: [email protected]
Phone number: (510) 981-6708

4. Project location: 400-408 Gilman St, Berkeley, County of Alameda, CA 94710

5. Project sponsor's name and address: City of Berkeley; Parks, Recreation & Waterfront, 1947 Center St 5th Floor, Berkeley, CA 94704

6. General plan designation: W
aterfront/Marina

7. Zoning: Specific Plan

8. Surrounding land uses and setting:

The Tom Bates RSC encompasses approximately 20 acres; the proposed Project is planned for app
roximately 3.69 acres (Figure 1) of the total area. The project site is located along the City of Berkeley shoreline. A geotechnical investigation conducted at the project site in November 2022 by CE&G (2023) revealed subsurface soil conditions that were generally consistent with regional geological mapping. The findings identified three primary soil types: artificial fill, young bay mud, and older alluvium.

The project site is bounded by Gilman Street to the north, West Frontage Road, and Interstate 80/Interstate 580 (I-80/I-580) to the east, McLaughlin Eastshore State Park to the south, and the San Francisco Bay to the west.

In
proximity to the Tom Bates Regional Sports Complex (RSC), west of I-80/I-580, there are various recreational and entertainment venues. These include the recently closed Golden Gate Fields Racetrack located to the north of Gilman Street, McLaughlin Eastshore State Park situated just south of the complex, and the Berkeley Marina to the southwest/west of the project. The Bay Trail runs along the north and east perimeter of the McLaughlin Eastshore State Park.

To the west of the project site, the San Francisco Bay watershed spans an area of 4,600 square miles, with the San Francisco Bay covering 1,600 square miles, constituting the largest Pacific estuary in the Americas (EPA, 2023). The area located directly east of I-80/I-580 is zoned for manufacturing uses. 73

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9. Description of project:

The City adopted an Initial Study/Mitigated Negative Declaration (IS/MND) and Mitigation Monitoring and Reporting Plan (MMRP) on October 18, 2005 for a General Plan/Waterfront Specific Plan Amendment, Zoning Ordinance Amendment and Gilman Street Playing Fields Project. The Gilman Street Playing Fields are now known as the Tom Bates RSC. The IS/MND described the project in two phases:
• Phase I – construct two artificial turf soccer fields, Gilman Street parking lot, basic drainage, and utility systems
• Phase II – construct three natural turf fields for softball and hardball, irrigation, a second parking lot, tot lot, a field house and lighting system
The phases were to be built as funding became available. In 2008, the City installed a lighting system for the two soccer fields, grass fields, and an irrigation system. In 2011, the City completed the baseball field and part of the second parking lot. The City is currently proposing to develop the remainder of Phase 2, which includes three natural turf fields, a tot lot, a field house, and additional upgrades, as described in this section. The project site is owned by the East Bay Regional Park District (EBRPD) and managed under a sublease by the City. The project is sponsored by the City which is serving as the lead agency for the land use approvals under the terms of a Joint Exercise of Powers Agreement executed in 2003 by the cities of Berkeley, Emeryville, Albany, Richmond, and El Cerrito calling for the collaborative development of sports fields for regional use.

The City proposes implementing various new elements to the existing Tom Bates RSC (Project). Figure 1 (all figures are in Attachment 1) shows the Project location and existing layout. Figure 2 shows the proposed conceptual layout which includes a new Community Space Facility with restrooms, multi-use room and storage room; new soccer field for players under the age of 8 (U8), eight pickleball courts and bleachers for two of the courts; reconfigured parking lot to add more stalls and electric vehicle (EV) charging stations and temporary lot during construction; bicycle racks and lockers and walkways that are compliant with the Americans with Disability Act (ADA); stormwater bioretention features and landscaped areas; new electric service and a sanitary sewer lift station. The project components are discussed in more detail below. The City will ensure the implementation of the commitments outlined in Attachment 2 – Commitment list for design, construction, and operation. This will include the ongoing adoption of best practices aimed at minimizing environmental impacts and promoting sustainability throughout the project's lifecycle.

Construction is anticipated to commence in August 2025 and last approximately six months. The construction workdays and hours would be Monday to Friday inclusive, 7:00 AM to 5:00 PM local time.

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6-foot change in elevation. Wall-mounted lighting would illuminate the area around the community space facility. In addition, one light pole and light would illuminate the ADA-compliant switchback ramp.

All lighting would use fixtures approved by the International Dark-Sky Association.

The building will be Leadership in Energy and Environmental Design (LEED) certified as per the U.S.

Parking
Parking facility improvements are included as part of the Project. The existing parking lot will be reconfigured, increasing parking spaces from 94 to 125, and improved by adding 13 active and 25 ready EV charging stations. The number of proposed charging stations meets CALGreen Code 5.106.5.3.3 and City of Berkeley Municipal Code 19.37.040: 10 percent of the parking spaces will be wired, and 20 percent of the parking spaces will have the infrastructure for future EV charging stations. ADA-compliant walkways will be provided connecting the parking lot and community space facility. The Project also includes optimization measures for traffic circulation to be able to accommodate the additional parking stalls.

The design of the parking facilities includes pedestrian and bike access to the Bay Trail extension which is part of the Gilman Street project (Caltrans, 2019).

The Project includes new bicycle parking. Bicycle parking capacity will increase from the existing approximately eight bicycle rack spaces to include up to 18 bike lockers.

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Berkeley City CouncilMarch 25, 2025

Berkeley City Council
March 25, 2025