BE IT FURTHER RESOLVED that the City of Berkeley is committed to never forgetting the events of the Holocaust, actively working to combat antisemitism, racism, bigotry, and hatred in all forms, and promote human rights and dignity for all.
To: Honorable Mayor and Members of the City Council
From: Councilmembers Igor Tregub (Co-Author), Shoshana O’Keefe (Co-Author), Mark Humbert (Co-Author), and Mayor Adena Ishii (Co-Sponsor) Subject: Relinquishment of Council Office Budget Funds from General Funds and Grant of Such Funds to 2025 Virtual Holocaust Remembrance Day Program
RECOMMENDATION
Adopt a Resolution approving the expenditure of an amount not to exceed $500 per Councilmember from the D13 Discretionary Accounts of members of the Berkeley City Council, including $500 from Councilmember O’Keefe, $500 from Councilmember Tregub, $500 from Councilmember Humbert, and $500 from Mayor Ishii to support the City’s Annual Holocaust Remembrance Day program with funds relinquished to the City’s general fund.
The relinquishment of funds from Councilmembers O’Keefe, Tregub, Humbert and Mayor Ishii’s respective discretionary Council Office Budgets as well as any other members of the Berkeley City Council who would like to contribute, allows the City of Berkeley to invite the community to its 22nd Annual Holocaust Remembrance Day virtual program, created by the community with City Council support.
This year’s program will be held virtually on April 24, 2025.
BACKGROUND
The City of Berkeley’s Annual Holocaust Remembrance Day program has been supported by the City Council since its inception in 2002. The program has occurred annually, except in the year 2020 when the COVID-19 pandemic was declared without enough time to pivot to a virtual program. Berkeley’s Holocaust Remembrance Day has become a treasured event for Holocaust survivors, family members and the Bay Area community as the only secular, city-sponsored program in the region. The community program invites attendees to honor those who were
CONSENT CALENDAR
April 15, 2025 Igor Tregub, Councilmember District 4
Shoshana O’Keefe, Councilmember District 5
Mark Humbert, Councilmember District 8
Adena Ishii, Mayor
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murdered in the Holocaust as well as those who survived. With the dramatic rise of antisemitic and other hate incidents and hate crimes in our region and nation-wide, it is critical that we hear the firsthand stories of survivors of the Holocaust and reaffirm our resolve to never forget.
FISCAL IMPACTS
No General Fund impact. Up to $500 is available from contributing Councilmembers’ Council Office Budget discretionary accounts.
CONTACT
Councilmember Tregub, 510-981-7140, [email protected] Councilmember O’Keefe, 510-981-7150, [email protected] Councilmember Humbert, 510-981-7180, [email protected] Mayor Ishii, 510-981-7100, [email protected]
Attachments:
1. Resolution
RESOLUTION NO. ##,###-N.S.
AUTHORIZING THE EXPENDITURE OF SURPLUS FUNDS FROM THE OFFICE EXPENSE ACCOUNTS
OF THE MAYOR AND COUNCILMEMBERS FOR A GRANT TO PROVIDE PUBLIC SERVICES FOR A
MUNICIPAL PUBLIC PURPOSE
WHEREAS, Councilmembers O’Keefe, Tregub and Humbert have surplus funds in their D13 discretionary office expenditure account and will contribute $500, and invite the Mayor and other Councilmembers to join in contributing; and
WHEREAS, a California nonprofit tax-exempt corporation, The Jewish Community Center of the East Bay, serves as the fiscal sponsor of the Holocaust Remembrance Day program and will receive funds in an amount up to $500 per contributing Councilmember’s discretionary account; and
WHEREAS, the provision of such services would fulfill the municipal public purpose of providing a community program supporting Holocaust survivors, community recognition and education about the Holocaust and unity among Berkeley residents;
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Berkeley that funds relinquished by the Mayor and Councilmembers from their Council Office Budget, up to $500 per office, shall be granted to the Jewish Community Center of the East Bay to fund the City of Berkeley’s virtual 22nd Annual Holocaust Remembrance Day program on April 24, 2025.
Igor Tregub
Councilmember, District 4
CONSENT CALENDAR
April 15, 2025
To: Honorable Mayor and Members of the City Council
From: Councilmember Igor Tregub (Author), Councilmember Brent Blackaby (Co-Sponsor), Councilmember Cecilia Lunaparra (Co-Sponsor), Councilmember Terry Taplin (Co-Sponsor)
Subject: Resolution in Support of California Senate Bill 42 (Umberg, Allen) California Fair Elections Act of 2026 to Amend Sections 85300 and 85320 of the Government Code, relating to the Political Reform Act of 1974.
RECOMMENDATION
Adopt a resolution in support of California State Senate Bill 42 (Umberg, Allen) California Fair Elections Act of 2026 to Amend Sections 85300 and 85320 of the Government Code, relating to the Political Reform Act of 1974, which is moving through the legislature to appear on the California general election ballot on November 3rd, 2026; and distribute copies to the California Governor Gavin Newsom, Senator Jesse Arreguín, Assemblymember Buffy Wicks, California Senate President pro Tempore Mike McGuire, and California Assembly Speaker Robert Rivas to advocate for its passage.
CURRENT SITUATION AND ITS EFFECTS
The Political Reform Act, 2025 Edition, states that a public officer or candidate is generally prohibited from using public funds to seek elective office, unless a dedicated fund is established by the state or local government, and the fund is available to all
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qualified candidates regardless of incumbency or party, with established criteria for determining eligibility.1
Senate Bill 42 seeks to amend Sections 85300 and 85320 of the Government Code, relating to the Political Reform Act of 1974 to allow public officers or candidates to use public funds for seeking office with strict criteria and expenditure limits, prohibit the use of funds for legal defense or personal loans, establish more robust penalties for foreign interference in elections, and require voter approval in the 2026 general election.2 Senate Bill 42 will not establish public financing for campaigns or mandate that any government provide it. Instead, it more readily gives local and state governments the option to create laws that establish public campaign financing programs, while ensuring basic protections for fairness, accountability, and source of funds.
Berkeley is one of only five cities, alongside Long Beach, Los Angeles, Oakland, and San Francisco, that has passed a statue, ordinance, resolution, or charter to create a dedicated fund to extend public funds to candidates seeking elective office.3 Nearly 65% of Berkeley Voters in 2016 passed Measure X1 to establish a $500,000 annual fund to pay for the city's public campaign funding program for city council members and the mayor who follow certain restrictions and rules in gathering their campaign funding.4 In 2020, the City Council extended these funds to School Board Director, Rent Board Commissioner, and City Auditor candidates.5
FISCAL IMPACTS OF RECOMMENDATION
Limited staff time is required to communicate the City position to the State representatives.
ENVIRONMENTAL SUSTAINABILITY
There are no identifiable environmental effects or opportunities associated with the subject of this report.
CONTACT PERSON
Councilmember Igor Tregub, Council District 4, 510-981-7140 [email protected]
1 https://www.fppc.ca.gov/content/dam/fppc/NS-
Documents/LegalDiv/The%20Political%20Reform%20Act/2025/2025_Act.pdf 2 Senate Bill 42 https://legiscan.com/CA/text/SB42/id/3103934 3 Senate Bill 42 Fact Sheet, Senator Umberg
4 https://ballotpedia.org/Berkeley,_California,_Funding_for_Public_Campaign_Finance_Program,_Measure_X1_(No vember_2016)
https://berkeleyca.gov/sites/default/files/documents/FCPC%20Filing%20Manual%202024%20-%20FINAL.pdf
Amy Johnson, Legislative Aide, Council District 4
[email protected]
Attachments:
1. Resolution
2. Fact Sheet
RESOLUTION NO. ##,###N.S.
RESOLUTION IN SUPPORT OF CALIFORNIA SENATE BILL 42 CALIFORNIA FAIR ELECTIONS ACT OF 2026 TO AMEND SECTIONS 85300 AND 85320 OF THE GOVERNMENT CODE, RELATING TO THE POLITICAL REFORM ACT OF 1974 WHEREAS, Senate Bill 42 seeks to provide voters with the opportunity to decide, on the November 2026 ballot, whether to amend current restrictions on public financing of campaigns in California, while establishing basic requirements for public financing systems to ensure fairness, accountability, and transparency; and WHEREAS, Senate Bill 42 is supported by a broad coalition of civil rights organizations, voters, and legal experts, who recognize it as a critical step in addressing the influence of money in politics, and is sponsored by the California Clean Money Campaign and cosponsored by California Common Cause and the League of Women Voters of California, all dedicated to promoting transparency, accountability, and fairness in elections; and
WHEREAS, the current ban on public financing restricts local governments and the state from creating systems that amplify the voices of everyday voters, reduce the influence of wealthy donors, and empower diverse candidates to run for office and better represent their communities; and
WHEREAS, Senate Bill 42 would repeal the ban on public campaign financing, ensuring that no public funds would be used for education, transportation, or public safety purposes, while setting strict criteria for candidates, including restrictions on using funds for legal defense, fines, or repayment of personal loans; and WHEREAS, Senate Bill 42 does not mandate public financing, but gives local governments and the state the option to create such programs with necessary safeguards, promoting a fairer, more inclusive electoral process; and WHEREAS, Senate Bill 42 aligns with the growing desire among voters for changes to campaign finance systems, with significant support for public financing in charter cities and a strong push for reform across the state; and
WHEREAS, the passage of Senate Bill 42 would help strengthen California’s democratic processes by providing greater access to candidates from all backgrounds, ensuring public trust in the electoral system; and
WHEREAS, the City of Berkeley is one of the five municipalities that has established a public fund for more equitable elections; and
WHEREAS, 65% of Berkeley Voters in 2016 passed Measure X1 to establish a $500,000 annual fund to pay for the city's public campaign funding program for city
council members and the mayor who follow certain restrictions and rules in gathering their campaign funding; and
WHEREAS, in September of 2021, the City Council extended these funds to School Board Director, Rent Board Commissioner, and City Auditor candidates.
NOW, THEREFORE, BE IT RESOLVED, that the Berkeley City Council hereby declares its support for California State Senate Bill 42, which would allow voters to decide on repealing the ban on public financing of campaigns and provide a fair, accountable framework for future public financing programs; and BE IT FURTHER RESOLVED, that the Berkeley City Council directs the City Manager to distribute copies to the California Governor Gavin Newsom, Senator Jesse Arreguín, Assemblymember Buffy Wicks, California Senate President pro Tempore Mike McGuire, and California Assembly Speaker Robert Rivas to advocate for its passage.
PASSED AND ADOPTED by the City Council of Berkeley on this 15 day of April 2025, by the following vote:
SUMMARY
SB 42 will provide voters the opportunity to decide on a measure on the November 2026 ballot to remove the
current prohibition of public financing of campaigns in California while establishing basic requirements that
public financing systems and candidates using public
funding must follow to protect taxpayers and maximize
the benefit to voters.
BACKGROUND
In 2010, a 5-4 majority of the US Supreme Court ruled
in Citizens United v. FEC that corporations and outside groups can spend unlimited funds on elections, reversing longstanding federal campaign finance regulations that
limited the influence of big money in elections.
Five charter cities have active public financing systems that amplify the voices of everyday voters and provide
candidates with an alternative fundraising system to
relying on wealthy donors: Berkeley, Long Beach, Los
Angeles, Oakland, and San Francisco.
Unfortunately, such programs are prohibited in
California jurisdictions other than charter cities by the Political Reform Act of 1974 due to a provision enacted by Proposition 73 in 1988. In 2016, the legislature
passed, and Governor Jerry Brown signed, SB 1107
(Allen) that would have removed the ban, but the courts ruled the question must be put before the voters.
NEED FOR THE BILL
Voters are increasingly concerned about the problem of
money in politics, with only 20% in a recent poll saying they were satisfied with the nation’s campaign finance
laws. In a June 2024 poll conducted by the California
Clean Money Campaign, 84% of likely voters said we
need to change the way we finance election campaigns,
with 56% saying we need to make major changes.
Public campaign financing measures to address such
concerns are extremely popular and have been approved
overwhelmingly by voters in charter cities. 75% of
voters voted for Los Angeles’ Measure H in 2011, 65%
voted for Berkeley’s Measure X1 in 2016, and 74%
voted for Oakland’s Measure W in 2022. But voters and
candidates in counties, districts, general law cities, and the state currently cannot be given the same opportunity.
Public financing of campaigns would reduce the barriers of entry to run for public office – empowering everyday Californians to represent their communities and
diversifying the candidate pool.
SOLUTION
SB 42 will give voters the chance to address these issues and restore control to local governments and the state by placing the California Fair Elections Act on the 2026
ballot to repeal the ban on campaign public financing
while requiring that no public moneys be used that are
earmarked for education, transportation, or public safety.
The measure will require that voluntarily participating public funding candidates must abide by expenditure
limits and meet strict criteria to qualify such as requiring that candidates must receive small dollar contributions or vouchers from a specified number of adult residents.
It will bar the use of public funds to pay for legal
defense, fines, or repayments of personal loans to
candidates’ campaigns, and will specify that public
funding systems shall not discriminate based on party or according to whether a candidate is a challenger or an
incumbent.
SB 42 will not create public financing of campaigns or
require any government to offer public financing. It will simply remove the ban and allow local governments and
the state the option to enact laws that create programs for public financing of campaigns while requiring basic
protections for fairness, accountability, and where the money can come from.
SUPPORT
California Clean Money Campaign (sponsor)
California Common Cause (cosponsor)
League of Women Voters of California (cosponsor)
SB 42: California Fair Elections Act
FOR MORE INFORMATION
Walker Hershey
916-651-4034
[email protected]
CONSENT CALENDAR
April 15, 2025
To: Honorable Mayor and Members of the City Council
From: Councilmember Shoshana O’Keefe (Author) and Councilmember Mark Humbert (Co-Sponsor)
Subject: Budget Referral for Thousand Oaks Park Playground Update
RECOMMENDATION
Refer $80,000 to the June budget process (FY26 Mid-Biennial Update) for the completion of a new airplane themed play structure at Thousand Oaks Park, located at 1700-1780 Tacoma Avenue.
SUMMARY
On October 16, 2024, Berkeley resident Michael Seltzer - known to his friends and family as “Mikey” – passed away after a heroic battle with cancer. Mikey likely contracted cancer as a result of exposure to toxic chemicals while deployed, and was specifically recognized for his courage and sacrifice by Speaker Nancy Pelosi during the signing of the PACT Act.
A longtime resident of North Berkeley, Mikey graduated from Martin Luther King Jr. Middle School (then known as King Jr. High), Berkeley High, and UC Berkeley. Throughout his life, he stayed connected to his roots and community, raising his own family in Berkeley. His three children attended Thousand Oaks Elementary.
City of Berkeley (City) staff was recently approached by a former Berkeley resident and Michael’s best friend, Peter Kaes, who expressed interest in working with the Parks, Recreation and Waterfront (PRW) Department on a donation in his honor. An accomplished and decorated pilot, Mikey’s friends and family have proposed a fitting project in his honor – the creation of a new airplane themed play structure at Thousand Oaks Park.
BACKGROUND
Thousand Oaks Park is a community space that provides a safe and welcoming environment for students and families to enjoy outdoor activities. The park hosts a play structure for 5-12 year olds, sports fields, and picnic areas. The park area is owned by Berkeley Unified School District (BUSD) and operated and maintained by the City per the 2020 Joint Use Agreement. This 25 year agreement provides year round public access to the Park. Originally developed by BUSD in 1950, the current play structure was redesigned in the late 1990s by a group of volunteers from the Thousand Oaks Parks Society (TOPS) and improved by using City Measure Y Funds.
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This item would help fund approximately one-third of the creation of a new play structure modeled after an airplane that would be publicly accessible, serving students, families, and the greater Berkeley community.
Studies routinely show that play and playgrounds provide a wide range of benefits to children, and are an integral part of a child’s development. According to the International Journal of Behavior Nutrition and Physical Activity, “play is considered fundamental for a child’s development as play helps children develop social, academic, and personal competencies.”1 Parks like Thousand Oaks can support play-based learning, promote socialization, fuel creativity, and more. The addition of a less conventional play structure, such as an airplane, could lead to more imaginative play while also honoring a member of the Berkeley community.
Figure 1 by Groundworks Office (Pro bono)
1 Schipperijn, J., Madsen, C.D., Toftager, M. et al. The role of playgrounds in promoting children’s health – a scoping review. Int J Behav Nutr Phys Act 21, 72 (2024). https://doi.org/10.1186/s12966-024-01618-2
Figure 2 by Groundworks Office (Pro bono)
REVIEW OF EXISTING PLANS, PROGRAMS, POLICIES, AND LAWS
The City of Berkeley’s General Plan’s Open Space and Recreational Element outlines policy priorities for the City as it relates to open spaces and recreation, and states: “give highest priority to maintaining and improving the City’s existing network of open space and recreation facilities.”2
CONSULTATION/OUTREACH OVERVIEW AND RESULTS
Councilmember Shoshana O’Keefe discussed the project with PRW Director, Scott Ferris, and Park, Recreation and Waterfront Commissioner, Brennan Cox. The PRW Director expressed interest in completing such a project given that a significant donation will be possible.
FISCAL IMPACTS
The complete project, including planning, design and construction, is estimated to cost approximately $240,000. It is anticipated that the funding for this project will include this $80,000 referral, a donation of a similar dollar amount and FY26 Parks Tax Minor Maintenance allocation of $75,000.
CONTACT
Councilmember Shoshana O’Keefe, 510-981-7150
2 City of Berkeley. Open Space and Recreation Element - Introduction. April 23, 2002. https://berkeleyca.gov/sites/default/files/documents/08_Open%20Space%20and%20Recreation%20Elem ent-FINAL.pdf
1 To: Honorable Mayor and Members of the City Council
From: Councilmember Sophie Hahn (Author)
Subject: Study: Sabbatical Leave for City of Berkeley Employees
RECOMMENDATION
Refer to the City Manager study of a potential Sabbatical Leave policy for all City of Berkeley employees, modeled after the City’s existing agreements with several bargaining units.
Consult with labor partners and City employees to explore a variety of terms and options, and the costs/benefits of unpaid, partially paid, and paid Sabbatical Leaves. Report findings to Council, outlining possible options and their financial impacts as well as potential benefits to recruitment, morale, longevity of tenure, and wellbeing.
POLICY COMMITTEE RECOMMENDATION
On February 27, 2025, the Budget & Finance Policy Committee adopted the following action:
M/S/C (Ishii/Kesarwani) to send the item to Council with a negative recommendation. Vote: All Ayes.
SUMMARY STATEMENT
A nationwide municipal worker shortage threatens the ability of local governments to address the needs of their constituents and deliver services to the community. To address this shortage, exacerbated by a wave of Baby Boomer retirements, and the pandemic’s “great resignation,” the City of Berkeley is working to both retain long-time employees and attract new talent.
In an increasingly competitive job market, and with neighboring cities also vying for skilled workers, Berkeley must consider new and innovative approaches. While the City already utilizes traditional strategies such as digital marketing and recruitment campaigns, expanding the benefits available to employees can increase the City’s overall competitiveness and demonstrate appreciation for long-term employees.
Sabbatical leave is already included in Memorandums of Understanding (MOUs) between the City of Berkeley and SEIU Local 1021, representing Community Services and Part-Time Recreation Activity Leaders, and Local One, the Public Employees Union.
This item refers to the City Manager to evaluate options and consider the benefits and costs of adopting a Sabbatical Leave policy across the organization, including possible paid and partially paid sabbatical leaves, enabling long-term employees to enjoy periodic “work breaks” to pursue outside interests, spend time with family, travel, gain skills, or simply rest, recharge and refresh.
CONSENT CALENDAR
April 15, 2025
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2 BACKGROUND
Sabbaticals are periods of extended leave – paid or unpaid – traditionally granted to university professors and more recently to other workers for study, travel, or personal growth. Employees take their leaves with a commitment to return to work. The modern sabbatical originated in academia – Harvard University in 1880 became the first to offer its professors time off from teaching duties to conduct academic research. Since then, the sabbatical has become more commonplace in the modern work environment, with companies like Microsoft, Intel, Deloitte, McDonalds, AARP, and many more now offering sabbaticals to their employees.
Sabbaticals offer many benefits and can be an important asset in attracting labor, reducing burnout – a major driver of high turnover – and increasing productivity. They allow employees to recharge while offering opportunities for both personal and professional growth. A rigorous study of professionals across private, public, and nonprofit sectors who took sabbaticals, conducted by the Harvard Business Review, found that “people largely experienced significant, positive changes in their work and life” and that sabbaticals could be viewed as “relatively easy- to-implement, preventative investments.”1
According to a survey by the Society for Human Resource management, in 2019 only 11% of companies offered sabbaticals, and even less – just 5% offered paid sabbaticals.2 The rarity of sabbaticals makes it a competitive benefit and a way for companies – and cities – to be ahead of the curve. The Harvard Business Review found that sabbaticals, as a benefit, are growing exponentially and Adecco, the world’s largest Human Resources company, identified them as one of the top five workplace trends.3 Experts say this trend is driven by a shift in how work fits into our lives, with workers increasingly prioritizing work-life balance, and wellbeing.
According to the National League of Cities, between March 2020 and March 2022, local government employment declined by more than 300,000 workers – threatening municipalities’ abilities to perform essential functions and deliver critical services to residents.4 Action is needed to address this shortage and ensure appropriate levels of staff are secured, and talented staff with unique skills and experiences are retained.
While the City of Berkeley has employed many different strategies to attract new employees, it has struggled to fill vacancies in multiple agencies and departments. According to 2024 presentations before the Budget Committee, Berkeley’s Finance Department had a 25% 1 Schabram, K., Bloom, M., & DiDonna, D. (2023, February 23). Research: The Transformative Power of Sabbaticals.
Harvard Business Review. https://hbr.org/2023/02/research-the-transformative-power-of-sabbaticals 2 Sammer, J. (2023, December 21). Sabbaticals could be the solution to employee burnout. SHRM. https://www.shrm.org/topics-tools/news/benefits-compensation/sabbaticals-solution-to-employee-burnout 3 Hall, R. (2024, August 27). Workers prioritising employers that offer sabbaticals in work-life balance shift. The Guardian. https://www.theguardian.com/money/article/2024/aug/27/workers-prioritising-employers-that-offer- sabbaticals-in-work-life-balance-shift
4 Municipal Workforce Labor Shortage. National League of Cities. (2023, January 26). https://www.nlc.org/resource/improving-opportunities-and-boosting-economic-mobility/challenges/municipal- workforce-labor-shortage/
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3 vacancy rate.5 IT had an 18% vacancy rate.6 Health, Housing, and Community Service had an 18% vacancy rate.7 Many departments have utilized traditional means of recruitment including digital campaigns, landing page ads, and social media outreach. However, traditional methods have fallen short. To fill these vacancies, the City must become a more attractive employer to workers – and workers are changing.
Younger generations work differently, and they are more likely to value work-life balance and mental health. In a survey conducted by Handshake, 80% of undergrads expressed concern about burnout and almost 9 in 10 said work-life balance, mental health, and overall well-being are “very important” to them at work.8
In addition to appealing to young people, sabbaticals are a means of fostering talent, and workers who took sabbaticals “reported greater self-clarity and confidence in their managerial skills” and “those who filled in during the sabbatical-taker’s absence had their own experiences of self-discovery and were able to showcase hidden talents.”9 The Sabbatical Project, an organization researching the transformative power of sabbaticals, has found that sabbaticals can be a “peak-life experience,” providing a space for “transitions, healing, discovery, and growth.”10 Testimonials collected from sabbatical takers detail stories of spending time with loved ones, reconnecting with one’s culture and the natural world, taking up cooking, learning a new language and skill, healing one’s body and mind, and more. A full collection of testimonials from the Sabbatical Project can be found at thesabbaticalproject.org/stories.
REVIEW OF EXISTING PLANS, PROGRAMS, POLICIES, AND LAWS
Currently, two city employee unions have bargained for sabbatical leave – SEIU Local 1021 representing Community Services and Part-Time Recreation Activity Leaders as well as Local One, the Public Employees Union.
5 Finance Department. (2024, May 8). Proposed Budget Fiscal Years 2025 & 2026: Finance. [PowerPoint slides]. City of Berkeley. https://berkeleyca.gov/sites/default/files/legislative-body-meeting- attachments/Item%2003f%20Finance%20FY25-26%20Department%20Budget%20Presentation.pdf 6 Information Technology Department. (2024, May 8). Proposed Budget Fiscal Years 2025 & 2026: Information Technology. [PowerPoint slides]. City of Berkeley. https://berkeleyca.gov/sites/default/files/legislative-body-meeting- attachments/Item%2003e%20IT%20FY25-26_Department%20Budget%20Presentation.pdf 7 Department of Health, Housing, and Community Services. (2024, May 8). Proposed Budget Fiscal Years 2025 & 2026: Health, Housing and Community Services. [PowerPoint slides]. City of Berkeley. https://berkeleyca.gov/sites/default/files/legislative-body-meeting-attachments/Item%2003b%20HHCS%20FY25- 26%20Department%20Budget%20Presentation.pdf
8 How gen Z is changing the conversation around mental health at work. Handshake. (2024, May 21). https://joinhandshake.com/blog/network-trends/gen-z-mental-health-at-work/ 9 Schabram, K., Bloom, M., & DiDonna, D. (2023, February 23). Research: The Transformative Power of Sabbaticals.
Harvard Business Review. https://hbr.org/2023/02/research-the-transformative-power-of-sabbaticals 10 Schabram, K., Bloom, M., & DiDonna, D. Our research. The Sabbatical Project. (n.d.). https://thesabbaticalproject.org/research/
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4 PEU 24.10:11
After eight (8) consecutive years of employment with the City, an employee may apply for a sabbatical leave without pay for up to six (6) months. Such leave may be granted by the appropriate authority upon the recommendation of the employee’s department head but such leave shall not be unreasonably denied. There shall be no requirement that the employee exhaust paid leave balances prior to such sabbatical leave. Life and Health insurances shall be paid by the City for the duration of an approved Sabbatical Leave.
Every Sabbatical Leave shall require an employee commitment of two (2) years service following return from leave. In the event the full two year service commitment is not performed, the employee shall repay a pro rata amount of the life and health insurance premium paid by the City during the sabbatical leave based on the percentage of the two year service commitment not performed.
SEIU/CSU 1021 24.4:12
After eight (8) consecutive years of employment with the City, an employee may apply for a sabbatical leave without pay of up to six (6) months. Sabbatical leave is not intended to be used for the six-month period immediately prior to retirement. . . . There shall be no requirement that the employee exhaust paid leave balances prior to such sabbatical leave. Life and Health insurance shall be paid by the City for the duration of an approved Sabbatical Leave. For employees who fail to return to work at the expiration of the approved Sabbatical Leave or fail to return for the equivalent amount of time he or she was approved for Sabbatical Leave, such employee shall reimburse the City or the City may deduct the cost of the Health and Life Insurance premiums paid by the City on behalf of the employee from the employee’s payout of their accrued leave balance due at termination.
Berkeley’s Strategic Plan identifies the long-term goals and short-term priorities that the City government will focus on to benefit the Berkeley community. One of these key priorities includes attracting and retaining a talented and diverse City government workforce.13 The recommendations in this item support that key strategic goal. 11 City of Berkeley, Public Employees Union - Local One. (29 July, 2021). Memorandum of Understanding between City of Berkeley and Public Employees Union - Local One. https://berkeleyca.gov/sites/default/files/documents/PEULocal1MOU.pdf 12 City of Berkeley, Service Employees International Union Local 1021. (29 July, 2021). Memorandum Agreement between City of Berkeley and Service Employees International Union Local 1021. https://berkeleyca.gov/sites/default/files/documents/SEIU-CSU-Local1021-MOU.pdf 13 Strategic plan. City of Berkeley. (n.d.). https://berkeleyca.gov/your-government/our-work/strategic-plan
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5 ACTIONS/ALTERNATIVES CONSIDERED
The City has employed various traditional tactics to attract new talent. However, despite some success, most City departments continue to struggle with high vacancy rates. With fewer dedicated employees, the City will struggle to achieve its strategic goals, administer forward- thinking programs and initiatives, and serve the community.
RATIONALE FOR RECOMMENDATION
Our staff are the City of Berkeley’s greatest assets. Many employees are experts in their field and provide indispensable services. A report from the City Auditor titled “Staff Shortages: City Services Constrained by Staff Retention Challenges and Delayed Hiring,” recommended the City take additional steps to address employee dissatisfaction and detailed several key findings including:14
● Berkeley’s staff shortages constrained city services, but the City did not have a clear strategy to improve retention during our audit period. More employees left the City than were hired in each year of the audit period, contributing to the staff shortage. ● Employee dissatisfaction made it harder for the City to retain staff. Surveyed employees reported dissatisfaction with workloads, professional development opportunities, pay, and communication and support from city leadership.
IMPLEMENTATION, ADMINISTRATION, AND ENFORCEMENT
The City Manager should review studies and expert opinions about sabbatical policies and their potential structures, review the City’s two existing sabbatical leave policies, consult with labor and employees, and return to the City Council a report including the costs/benefits of adopting a policy for all City of Berkeley employees. Evaluation of satisfaction with the two existing policies can provide additional information. Additionally, before official adoption of any policy, the City Manager should study the fiscal impacts and feasibility of providing paid or partially paid sabbatical leave.
Because this referral is for a study, and no implementation will take place until further Council action, this referral does not include discussion of how a potential Sabbatical Leave policy could be implemented and administered.
ENVIRONMENTAL SUSTAINABILITY
N/A
14 Wong, J., Palmer, C., Mullin, E., Kuechle, K., & Miller, P. (2023, June 22). Staff Shortages: City Services Constrained by Staff Retenion Challenges and Delayed Hiring. Berkeley City Auditor. https://berkeleyca.gov/sites/default/files/documents/Staff%20Shortages%20-- %20City%20Services%20Constrained%20by%20Staff%20Retention%20Challenges%20and%20Delayed%20Hiring_
0.pdf
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6 FISCAL IMPACTS
Currently, the limited sabbatical leave options offered to certain City employees are partially benefitted, but unpaid. There are costs to the organization even when an unpaid Sabbatical Leave is taken, including extra work for colleagues, and the potential need for short term fill-in labor. This item asks the City Manager to evaluate the costs of adopting a city-wide paid, partially paid or unpaid sabbatical leave policy, and return to Council to report on the benefits and costs of such a policy
OUTCOMES AND EVALUATION
The City Manager should periodically consult with labor partners to learn why employees have or have not taken/considered taking advantage of the City’s Sabbatical Leave policy. A study of employees who have taken Sabbatical Leave should consider whether employees are reporting higher levels of satisfaction following their leave, and how it impacts their interest in staying with the City for the long term. The City Manager’s report should include some metrics to evaluate whether a policy that may be adopted successfully meets the policy’s goals.
CONTACT
Councilmember Sophie Hahn, (510) 981-7150
Berkeley City Councilmember
Mark Humbert, District 8
2180 Milvia Street, 5th Floor
Berkeley, CA 94704
[email protected]
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7180 E-Mail: [email protected]
CONSENT CALENDAR
April 15, 2025
To: Honorable Mayor and Members of the City Council
From: Councilmember Humbert (Author)
Subject: Music in the Elmwood Festival: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds
RECOMMENDATION
Adopt a Resolution approving the expenditure of an amount not to exceed $1,000 per Councilmember including $1,000 from Councilmember Humbert to the Elmwood Business Association for the Music in the Elmwood Festival on Sunday, May 4, 2025 with funds relinquished to the City’s General Fund for this purpose from the discretionary Council Office Budgets of Councilmember Humbert and any other Councilmembers who would like to contribute.
BACKGROUND
People are increasingly taking note of the Music in the Elmwood Festival, which is now in its second year and continues to grow in scale. Music festivals help build a strong economic bass for our business districts, and we hope to see a sharp increase in attendance. It’s hard to beat a free music event that’s fun for the whole family, and we want to support the Elmwood Business Association’s instrumental role in this event.
Neighborhood festivals like this are a cymbal of our community’s vitality. These funds will drum up financial support and ensure that Music in the Elmwood crescendos for years to come.
FINANCIAL IMPLICATIONS
No General Fund impact. $1,000 is available from Councilmember Humbert’s office budget discretionary account.
ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no identifiable environmental effects or opportunities associated with adopting this recommendation.
CONTACT PERSON
Councilmember Mark Humbert Council District 8 510-981-7180
21
RESOLUTION NO. ##,###-N.S.
MUSIC IN THE ELMWOOD FESTIVAL 2025
WHEREAS, people are increasingly taking note of the Music in the Elmwood Festival, which is now in its second year and continues to grow in scale; and WHEREAS, music festivals help build a strong economic bass for our business districts, and we hope to see a sharp increase in attendance; and
WHEREAS, it’s hard to beat a free music event that’s fun for the whole family, and we want to support the Elmwood Business Association’s instrumental role in this event; and WHEREAS, neighborhood festivals like this are a cymbal of our community’s vitality; and
WHEREAS, These funds will drum up financial support and ensure that Music in the Elmwood crescendos for years to come; and
WHEREAS, Councilmember has surplus funds in his office expenditure account, which would be key to the event; and
WHEREAS, the Elmwood Business Association is making a play for funds in the amount of $1,000 to help cover the costs of the festivities; and WHEREAS, working in concert for this event would serve the civic interests of community-building, supporting musicians, and trumpeting Berkeley’s cultural influence; NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that funds relinquished by the Councilmembers from their Council Office Budgets up to $1,000 per office shall be granted to the Elmwood Business Association for helping cover the costs of the Music in the Elmwood Festival.
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/
INFORMATION CALENDAR
April 15, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Scott Gilman, Director, Health, Housing, and Community Services Department
Subject: Age-Friendly Berkeley Update
INTRODUCTION
This report provides an update on the implementation of the City of Berkeley’s Age- Friendly Action Plan, and proposed budget increases to support the activities.
CURRENT SITUATION AND ITS EFFECTS
This report is in response to Action Item 21b from the October 29, 2024 regular City Council meeting, requesting Health, Housing and Community Service Aging Services submit a budget proposal for increased funding to support the implementation of the Age-Friendly Action Plan. The Age-Friendly Action Plan identified the following four (4) priority areas and goals1:
1. Housing and Economic Security: Develop a continuum of affordable, accessible housing options for older adults to age in their community regardless of their health or financial status.
2. Transportation and Mobility: Advance a network of public and private transportation (including transit, assistive devices, e-bikes and e-scooters and bicycling and walking) that equitably serves residents and connects them to services, social activities, and employment opportunities.
3. Health and Wellness: Develop a more integrated system of services and supports that is person-centered and ensures that all residents have the opportunity to engage in health promoting activities.
4. Social Participation and Civic Engagement: Enhance neighborhood cohesion and social connectedness of all Berkeley residents with community events and activities that are inclusive, affordable, and accessible. 1 https://berkeleyca.gov/your-government/our-work/adopted-plans/age-friendly-berkeley-action-plan
22
Age-Friendly Berkeley Update INFORMATION CALENDAR
April 15, 2025
In requesting the additional annual ongoing increase in staffing and operating costs, the Aging Services Division in the Health, Housing, and Community Services Department aims to address priority areas 3 and 4. As outlined in Attachment 1, HHCS has developed a budget proposal that consists of 7.9 FTE and approximately $1.3 million in annual ongoing costs for both staffing and operating costs. If the resources to fund this budget proposal were available, the Aging Services Division would be able to further enhance the well-being and independence of our older adults through the following programs and services:
Increase the number of days that meals are served at both Senior Centers:
meals are currently served 2 days a week at the North Berkeley Senior Center, and 3 days a week at the Judge Henry Ramsey Jr. South Berkeley Senior Center. The increase would total 300 additional meals per week. Expand Meals on Wheels capacity to reach additional clients, including those who require special diets (vegetarian, renal, and texture modified). According to the City’s 2023 annual survey, 14 out of 77 clients stated that they would prefer a full vegetarian and/or texture modified diet.
Increase outreach to reach seniors throughout the City by hosting community health fairs, tabling at various senior housing locations, health clinics and senior focus events.
Improve access to information about the options for social engagement through data collection and follow up.
Strengthen and support senior’s independence so that they can prolong their life and navigate the transitions of aging. By building strength within the communities, we are building independence and enhancing the quality of life for our seniors.
BACKGROUND
The City of Berkeley was accepted into the World Health Organization and AARP’s network of Age-Friendly Communities in November 2016. To become a member of the network, the City was required to complete an application that demonstrated Berkeley’s commitment to older adults. Through the City’s dedicated services to older adults, its robust non-profit sector, and innovative planning, the City demonstrated Berkeley’s commitment to the older adult community.
The City of Berkeley Age-Friendly Action Plan was finalized in 2018 through a collaborative public-private partnership that includes representatives from City of Berkeley Aging Services Division, Ashby Village, Center for Independent Living, and Lifelong Medical partner agencies. The aforementioned four priority areas were identified after compiling findings from a community survey, forum, focus groups, and interviews to inform the Action Plan.
Age-Friendly Berkeley Update INFORMATION CALENDAR
April 15, 2025
ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
In consideration for the environment, electronic copies of Berkeley’s Age-Friendly Action Plan are viewable and available for download online.
POSSIBLE FUTURE ACTION
Council may decide to identify and support new, innovative and/or expanded projects with Age-Friendly elements, in Berkeley, in the coming months and years.
FISCAL IMPACTS OF POSSIBLE FUTURE ACTION
The City’s Aging Services Division is a division in the Health, Housing, and Community Services Department, with 24 FTE staff and a budget of approximately $6 million (which includes a mix of federal, county, and City General Fund resources). In its current state, the Aging Services Division does not have the resources to address the needs of the City’s growing older adult population, which is expected to double within the next decade. Seniors between the ages of 65 to 74 are the fastest growing age group in the Berkeley, and now comprise 9.2% of the population, compared to 6.5% in 2010.2 Currently, the senior centers have a total of 14,000 registered members. Additional resources to support this budget proposal would ensure that older adults are able to continue to benefit from the services and programs that are currently available to them, and that contribute to their quality of life in the Berkeley community. The General Fund does not have the capacity to support the budget proposal outlined in this staff report without having to make tradeoffs and reallocate resources from existing programs and services. Because of this, the Health, Housing and Community Services Department is committed to identifying and applying for grants, when feasible.
CONTACT PERSON
Oanh Guise, Interim Aging Services Manager, HHCS, 510-981-5113 Attachments:
1: Age-Friendly Budget Proposal
2 City of Berkeley. City of Berkeley 2023-2031 Housing Element Update. Revised Draft, October 17, 2022. Pg. 24.
Public
Category FY26 FY27 FY28 FY29 FY30
Salary 571,444 594,301 618, 073 642, 796 668, 508 Benefits 393,751 409,502 425, 882 442, 917 460, 634 Total Personnel 965,195 1,003,803 1, 043,955 1, 085,713 1, 129,142 Operating - Ongoing 200,329 206,339 212, 529 218, 905 225, 472 Operating - One Time 135,000
Total Operating 335,329 206,339 212, 529 218, 905 225, 472 Total Budget Proposal 1,300,524 1,210,142 1, 256,484 1, 304,618 1, 354,614 Age-Friendly Budget Proposal
5 Years Projection
*Total Personnel cost based on negotiated COLA increase for FY26 & FY27 with 4% COLA increase for remaining years. Total ongoing operating cost based on projected 3% inflation per fiscal year.
Budget Proposal Goals: In requesting the additional increase in staffing and operating costs, we will be able to 1) increase the number of days meals to be served at both Senior Centers; 2) expand Meals on Wheels capacity to reach additional clients, expansion of special diets, including vegetarian, renal, and texture modified; and 3) increase outreach to reach seniors throughout all of the City of Berkeley and improve access to information about the options for social engagement. We aim to strengthen and support seniors' independence so that they can prolong their life and navigate the transitions of aging. By building strength within the communities, we are building independence and enhancing the quality of life for our seniors. Aging Services Division has challenges in aquiring the resources to be able to move forward and would need support to achieve this.
Public*Filled positions = Salary & benefit calculated at current costs *New positions - Salary (step 3) & benefit rate calculated at suggested 60% Position Position
Type Description Justification Unit Current
FTE
Requested
FTE Salary Benefits Total
Meal Site Coordinator Filled
Increase current
position from .5FTE to
1.0FTE
To increase the number of meal service days from 2 to 4, addressing food insecurity among seniors. This allows for better oversight of meal preparation and service, ensuring higher standards and safety.
NBSC 0.50 1.00 30,343 24,972 55,315 Senior Service Assistant New New 1.0 FTE
Increase in workload to coordinate services and resources for the older adult community.
The work of Senior Service Assistants could aid in making activities more accessible; and when widely advertised, would help residents, particularly isolated seniors, participate.
Additionally, the work of Senior Service Assistants also enhances social connectedness of Center participants with events and activities that are engaging, health promoting, inclusive, affordable, and accessible.
NBSC - 1.00 74,762 44,857 119,620 Senior Service Assistant Filled
Increase current
position from .8FTE to
1.0FTE
Increase in workload to coordinate services and resources for the older adult community.
The work of Senior Service Assistants could aid in making activities more accessible; and when widely advertised, would help residents, particularly isolated seniors, participate.
Additionally, the work of Senior Service Assistants also enhances social connectedness of Center participants with events and activities that are engaging, health promoting, inclusive, affordable, and accessible.
SBSC 0.80 1.00 14,952 17,276 32,228 Senior Service Assistant New New 1.0 FTE
Increase in workload to coordinate services and resources for the older adult community.
The work of Senior Service Assistants could aid in making activities more accessible; and when widely advertised, would help residents, particularly isolated seniors, participate.
Additionally, the work of Senior Service Assistants also enhances social connectedness of Center participants with events and activities that are engaging, health promoting, inclusive, affordable, and accessible.
SBSC - 1.00 74,762 44,857 119,620 Meal Site Coordinator Filled
Increase current
position from .5FTE to
1.0FTE
To increase the number of meal service days from 3 to 4, addressing food insecurity among seniors. This allows for better oversight of meal preparation and service, ensuring higher standards and safety.
SBSC 0.50 1.00 33,836 27,847 61,682 Senior Service Assistant New New 1.0 FTE
To provide administrative support for SSU. This position will monitor the SSU main phone line and email box to assist in the growing population need for information, assistance, and referrals. This position will also assist the division with data collection for various programs.
They also perform localized outreach to identify senior center members in need of programs and services. There is a need to increase resources to maintains on-going follow- up with older adults by establishing an information and referral system; providing basic supportive counseling; faciliating navigation between agencies serving older adults; and assessing service programs for the aging.
SSU - 1.00 74,762 44,857 119,620 Additional Funding Request
Age-Friendly Budget
Proposal
Public*Filled positions = Salary & benefit calculated at current costs *New positions - Salary (step 3) & benefit rate calculated at suggested 60% Age-Friendly Budget
Proposal
Senior Service Assistant New N ew 1.0 FTE
To meet the growing need for transportation services in the City of Berkeley by providing a level of administrative and customer service support that is required to manage an expanding program. This position will also support additional outreach efforts to inform more seniors about available resources, plan and execute community engagement events and workshops, and coordinate field trips that promote socialization and active living among seniors. This position will also take on duties pertaining to the taxi windows and BRSD applications. Some of these duties are currently being taken on by other staff for immediate support.
Transportation - 1.00 74,762 44,857 119,620 M
ini Bus Driver New New 1.0 FTE
Focus on providing fixed bus route to local senior residences so that more seniors can come to the centers and engage in center activities. This would also help to provide coverage for field trips when other mini bus drivers are on leave or call out, reducing cancellation.
Transportation - 1.00 65,281 39,169 104,450 Seniors Nutrition
Program Supervisor Filled
Increase current
position from .8FTE to
1.0FTE
To maintain pandemic growth and accommodate further growth of the home-delivered meals program requires additional client management, including successfully maintaining contract requirements of direct client encounters.
Meals on Wheels 0.80 1.00 24,126 21,556 45,682 Senior Service Assistant Filled Increase from .75FTE to
1.0FTE
To support client intakes, communications, home visits and phone checks, and added staff and volunteer communication regarding clients. Meals on Wheels 0.75 1.00 19,642 22,485 42,126 Mealsite Coordinator New Hourly NTE 19 to .75FTE
Currently this position is staffed using an hourly staff NTE 19 which provides challenges with retention and taking on additional duties. Having a permanent .75FTE Mealsite Coordinator would support client intakes, communications, home visits and phone checks, and added staff and volunteer communication regarding clients.
Meals on Wheels - 0.75 37,177 22,306 59,483 Nutritionist Filled
Increase current
position from .5FTE to
1.0FTE
To ensure all training, education, client data entry, and contract compliance requirements are met for both home-delivered and congregate meal programs. Expansion of special diets, including vegetarian, renal, and texture modified requires more menu planning and interaction with the caterer.
Meals on Wheels 0.50 1.00 47,038 38,712 85,750 TOTAL
PERSONNEL
3.85 11.75 571, 444 393,751 965,195
Public*Filled positions = Salary & benefit calculated at current costs *New positions - Salary (step 3) & benefit rate calculated at suggested 60% Age-Friendly Budget
Proposal
Operating
Budget Category Amount Location Description Request Type Hourly Wages 110,144 A dmin $27.87 (step 3, NTE 19)/annually = $27,536 x 4 = $110,144; additional aides to support service delivery given increased planned number of days meals are to be served. Ongoing Contractor: Nutrition
Solutions 79,185 Admin
Supplemental amount to increase current contract with Nutrition Solutions to provide additional days of meals at both senior centers and Meals on Wheels.
NBSC: $8.46/meal x 60/day x 2 additional days/week = $52,790/annually SBSC: $8.46/meal x 60/day x 1 additional day/week = $26,395 Ongoing
Field Supplies 8,000 Admin Purchase of outreach promotional materials to be used for outreach activities. Ongoing Printing 2,000 Admin Printing of outreach materials (pamphlets, flyers, etc.) Ongoing Software 1,000 Admin Two Canva annual subcriptions to create outreach materials for SSA to share. Ongoing Total Operating
(ongoing) 200,329
Equipment 10,000 Admin Computer Monitors upgrade for both SBSC & NBSC locations ($200/each x 50) One-time Consultant: Media 25,000 A dmin Outreach Materials: Hiring a consultant to redesign logo, pamphlet, and update outreach materials to better promote current services and share of information One-time
Mini Shuttle Bus 100,000 Transportation
Aging Services currently has two mini buses. With an addition of a new mini bus driver, another purchase of a mini bus is needed to provide additional transportation and field trips.
One-time
Total Operating (One
Time) 135,000
Total Operating 335,329
Total Age-Friendly
Budget Proposal
Request
1,300,524
Public
(T) MNGR OF AGING SERVICES
SENIOR CITZEN CNTR DIR (1.0)SENIOR CITIZEN CNTR DIR (1.0)MENTAL HEALTH CLNIC SUP (1.0) SENIORS NUTRN PROG SUP (.8) TRANSPORATION SVCS COORD (1.0) ASST MGMT ANALYST (1.0)
BEHAVIORAL HLTH CLIN I (1.0)
MEALSITE COORDINATOR (.5) MEALSITE COORDINATOR (H)
MINI BUS DRIVER (1.0)
OFFICE SPEC II (1.0)
MEALSITE COORDINATOR (.5)
SENIOR SERVICE ASSIT (1.0)
SENIOR SERVICE ASSIT (1.0)
BEHAVIORAL HLTH CLIN II (1.0)
COMM SERVICE SPEC I (1.0)
SOCIAL SERVICES SPEC (1.0)
SOCIAL SERVICECS SPEC (1.0)
SOCIAL SERVICES SPEC (1.0)
OFFICE SPEC II (1.0)
SENIOR SERVICE ASSIT (1.0)
SENIOR SERVICE ASSIT (.8)
NUTRITIONIST (.5)
SENIOR SERVICE ASSIT (.75)
SENIOR SERVICE ASSIT (1.0)
MINI BUS DRIVER (1.0)
Public
Increase in current FTE
New Position
(T) MNGR OF AGING
SERVICES
SENIOR CITZEN CNTR DIR SENIOR CITIZEN CNTR DIR MENTAL HEALTH CLNIC SUP (1.0) SENIORS NUTRN PROG SUP TRANSPORATION SVCS COORD (1.0) ASST MGMT ANALYST (1.0)
MEALSITE COORDINATOR
(.75FTE)
OFFICE SPEC II (1.0)
BEHAVIORAL HLTH CLIN I (1.0)
MEALSITE COORDINATOR
(1.0)
SENIOR SERVICE ASSIT (1.0)
SENIOR SERVICE ASSIT (1.0)
BEHAVIORAL HLTH CLIN II (1.0)
COMM SERVICE SPEC I (1.0)
SOCIAL SERVICES SPEC (1.0)
SOCIAL SERVICECS SPEC (1.0)
SOCIAL SERVICES SPEC (1.0)
OFFICE SPEC II (1.0)
SENIOR SERVICE ASSIT (1.0)
SENIOR SERVICE ASSIT (1.0)
NUTRITIONIST (1.0)
SENIOR SERVICE ASSIT
(1.0FTE)
SENIOR SERVICE ASSIT
(1.0)
MINI BUS DRIVER (1.0)
Increase
position
from .5FTE
to 1.0FTE
Mini Bus Driver (1.0)
*NEW
MINI BUS DRIVER (1.0)
Increase
position
from .5FTE
to 1.0FTE
Senior Service Assistant (1.0)
*NEWMEALSITE COORDINATOR
(1.0)
Increase
position
from .8FTE
to 1.0FTE
Increase
position
from .5FTE
to 1.0FTE
Increase
position
from .75 to
1.0 FTE
Increase
position
from .8FTE
to 1.0FTE
Increase
position
from
Hourly NTE
19 to
.75FTE
Senior Service Assistant (1.0)
*NEW
Senior Service Assistant
(1.0)
Senior Service Assistant
(1.0)
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/
INFORMATION CALENDAR
April 15, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Jordan Klein, Director, Department of Planning and Development Subject: Climate Action Plan and Resilience Update
SUMMARY
The annual Climate Action Plan and Resilience Update is an opportunity to recognize Berkeley’s local action and accomplishments, and renew commitments towards reaching its ambitious climate goals. This update coincides with Earth Day, a national celebration to raise awareness and encourage continued action to protect the environment and combat climate change, a cause particularly in need of local leadership in the face of reduced federal support.
The City of Berkeley is a long-time climate leader and must remain steadfast to reach its net zero carbon and Fossil Fuel Free City commitments by 2045, despite setbacks like the repeal of Berkeley’s Prohibition of Natural Gas Infrastructure in New Buildings (2024). Berkeley was one of the first cities to adopt a Climate Action Plan (2009), followed by the Resilience Strategy (2016) to advance preparedness and equity to adapt to a changing climate. After declaring a Climate Emergency in 2018, the City Council adopted its current climate goals and created the Climate Equity Fund and Just Transition Pilot program, to provide building and transportation electrification opportunities for income-qualified residents.
The Berkeley Existing Buildings Electrification Strategy (2021) and Berkeley Electric Mobility Roadmap (2020) guide implementation of some of the recent climate action and resilience program efforts highlighted in this report. The work profiled occurs across city divisions, and in collaboration with the community, to reduce greenhouse gas (GHG) emissions and advance equity. These actions help to create healthier, safer and more resilient homes, infrastructure, parks, and other community assets for current residents and future generations. Based on the best currently available data from 2023, the Berkeley community has reduced overall GHG emissions by 41% since 2000, despite a population increase of 16%.
23
Climate Action Plan and Resilience Update INFORMATION CALENDAR April 15, 2025
Climate action and resilience program efforts are divided into these five sections of this report:
Buildings & Infrastructure
Transportation
Waste
Community Engagement
Adaptation & Resilience
Work is ongoing, as part of the Prepared, Safe, and Healthy Berkeley project1, to develop new equitable, community-identified metrics to measure and report Berkeley’s progress in advancing climate resilience strategies. GHG emission reductions remain critical and urgent; this report highlights key existing and planned efforts designed to continue reductions in GHG emissions and advance preparedness for climate change impacts, developed in partnership with community and centered on its needs.
Continued advancement in meeting climate goals will require additional resources to fund projects and programs, particularly for low income and other marginalized communities. Given the federal landscape and uncertainty for both climate and equity support, opportunities for local, regional, state, and philanthropic funding will be key.
CURRENT SITUATION AND ITS EFFECTS
Berkeley’s progress on climate action and the annual community-wide greenhouse gas (GHG) emissions inventory advance the City’s Strategic Plan goal to be a global leader in addressing climate change, advancing environmental justice, and protecting the environment.
Using the most recently available data, City staff annually calculate community GHG emissions to understand which sectors and fuels contribute the most emissions in Berkeley, track progress toward climate goals, provide data that can be used for prioritizing programs and policies, and meet Berkeley’s commitment to the Global Covenant of Mayors. Based on 2023 data, GHG emissions declined 41%2 since the 2000 baseline and 12% since the 2021 data provided in the last report to City Council.
See Figure 1 for more information.
1City of Berkeley Prepared, Safe, and Healthy Berkeley project: https://berkeleyca.gov/construction- development/land-use-development/general-plan-and-area-plans/prepared-safe-and-healthy 2 GHG inventory methodology for the transportation sector changed in 2018 so it is challenging to definitively state the decrease in emissions. For more information on methodology, please see Attachment 1: 2023 Annual Greenhouse Gas Inventory
Climate Action Plan and Resilience Update INFORMATION CALENDAR April 15, 2025
Figure 1: Berkeley GHG Emissions Inventories including Sectors (2000-2023) As Figure 2 illustrates, transportation was the largest source of 2023 GHG emissions, accounting for 58% (249,028 mtCO2e), followed by the building sector, accounting for 39% (168,453 mtCO2e).
Figure 2: 2023 Berkeley GHG Emissions Inventory, by Sector and Fuel For more information on the inventory, see Attachment 1: 2023 Annual Greenhouse Gas Inventory.
Climate Action Plan and Resilience Update INFORMATION CALENDAR April 15, 2025
Key accomplishments and examples of recent climate action and resilience program implementation efforts, particularly since December 2023 when this report was last updated for City Council, are described below. Equitable climate action and resilience efforts elevate voices and priorities of communities who have been marginalized to ensure that policies and programs benefit those most impacted by climate change.
BUILDINGS & INFRASTRUCTRE
The City is working with the Berkeley community to reduce energy use, promote cleaner energy, and equitably transition all buildings and infrastructure to clean electricity, in order to meet the goals of becoming a net zero carbon and Fossil Fuel Free City by 2045. Program implementation includes new building and equitable community decarbonization initiatives, and municipal decarbonization projects to reduce GHG emissions from buildings while improving safety, comfort and health.
NEW BUILDING DECARBONIZATION
In July 2019, the City Council adopted the first ordinance in the nation to prohibit the installation of natural gas infrastructure in newly constructed buildings. Berkeley’s Natural Gas Prohibition was in place from January 2020 to January 2024. The ordinance was repealed on June 4, 2024 following a Ninth Circuit Court of Appeals ruling that the ordinance was preempted by the federal Energy Policy and Conservation Act.
Since January 2024, new construction in Berkeley has been subject to the energy use and appliance requirements of the State’s 2022 Energy and Green Building (CALGreen) Codes, which allow for the use of natural gas. Some new developments have continued to pursue all-electric designs, potentially to qualify for CA Environmental Quality Act (CEQA) GHG streamlining under the Bay Area Air District’s 2022 CEQA Air Quality Guidelines, to save money on utility connection expenses or insurance costs, or for other project objectives. Building without natural gas appliances improves indoor air quality and safety by removing the potential for natural gas leaks and the harmful pollutants that arise from burning gas in stoves and other appliances. Removing natural gas from buildings will ultimately allow for the strategic decommissioning of natural gas distribution infrastructure and the associated leakage of methane, the main component of natural gas, a potent GHG.
Climate Action Plan and Resilience Update INFORMATION CALENDAR April 15, 2025
The City should continue to evaluate and consider new opportunities for electrification in new buildings. In addition, the City has adopted local amendments to CALGreen that require low carbon concrete as well as EV charging and Construction & Demolition debris diversion requirements which exceed the State’s requirements.
EQUITABLE BUILDING DECARBONIZATION
Highlights from programs to equitably decarbonize and upgrade existing homes of lower income residents include the Climate Equity Fund, Bay Area Residential Decarbonization High Road Training Partnership, Just Transition Pilot, Home Electrification Equity Project, and Air District Indoor Appliances Implementation Working Group.
Equity Guardrails
The City’s equitable building decarbonization work is guided by the Berkeley’s Existing Buildings Electrification Strategy3 (2021), that includes a set of “Equity Guardrails” which serve as minimum requirements that must be met in order to
advance a policy, program or project. These guardrails were developed from targeted outreach with resilient communities that have been marginalized, to better understand and elevate their priorities and needs. While the guardrails were developed in the context of building decarbonization, the Planning & Development Department’s Office of Energy and Sustainable Development (OESD) applies these guardrails to all of its work. They include:
Maximize Access to Health, Safety & Mobility Benefits Maximize Access to Economic Benefits
Maximize Ease of Participation
Promote Housing Affordability & Anti-Displacement
3 City of Berkeley Existing Buildings Electrification Strategy: https://berkeleyca.gov/your-government/our- work/adopted-plans/berkeley-existing-buildings-electrification-strategy
Climate Action Plan and Resilience Update INFORMATION CALENDAR April 15, 2025
Climate Equity Fund – Homes
In 2021, City Council provided funding for building decarbonization improvements for low-to-moderate income residents’ homes. Three agencies were awarded a total of $250,000 to provide building electrification upgrades to increase resilience, support occupant health and reduce GHG emissions. As of February 2025, this ongoing project has supported the following building electrification upgrades:
Casa Joaquin Murrieta: Greenlining Institute’s student housing, for 40 low- income, first-generation UC Berkeley students of color. Upgrades include a ducted heat pump system with new high efficiency air handlers and a new central heat pump water heater.
Walnut House Cooperative: 22-unit limited-equity cooperative multifamily building. Upgrades include a new central heat pump water heater to replace an old, gas boiler.
Single-family, income-qualified home: Upgrades include heat pump HVAC system and smart thermostats.
Casa Joaquin Murrieta heat pumps
Bay Area High Road Training Partnership for Good, Green Jobs The City of Berkeley is a partner in Rising Sun Center for Opportunity’s Bay Area Residential Building Decarbonization High Road Training Partnership (HRTP). The HRTP is working to create high-quality, clean energy jobs in the residential building decarbonization sector that are accessible to women, people of color and other underrepresented groups. The partnership comprises local governments, workforce and training nonprofits, labor unions, contractors and regional agencies from across the Bay
Climate Action Plan and Resilience Update INFORMATION CALENDAR April 15, 2025
Area. Together the HRTP developed labor standards and policy recommendations for public agencies that promote equity, job quality, and job access, and published several papers and guides in 2024 available on Rising Sun’s website4.
Just Transition Pilot Program
To ensure that income qualified residents and construction workers benefit from the transition off fossil fuels, City Council approved a resolution to develop a Just Transition Pilot Program (2022) with a budget of $1,500,000. This program aggregates electrification and resilience installations for low-to-moderate income households (at or below 120% of the Area Median Income) and requires that upgrades be completed by pre-qualified contractors who meet minimum labor standards, to ensure that residential electrification construction work also provides equitable benefits to workers. Through a competitive process the City selected Rebuilding Together East Bay Network as the program implementor. Building on the work of the HRTP, the team is working to finalize the labor standards, develop a pipeline of income-qualified homes, provide support and training to contractors, and release a request for proposals for contractors to participate.
The program is slated to complete implementation by the end of 2025.
Home Electrification Equity Project
Berkeley participated in a two-year grant program awarded by ICLEI and funded by Google.org to advance electrification in income-qualified homes. The team was led by Habitat for Humanity East Bay/Silicon Valley and also included the cities of Fremont, Hayward and Oakland, as well as partners GRID Alternatives, Rebuilding Together East Bay Network, and Cal State East Bay. The project team created tools to assist cities in 4 Rising Sun Center for Opportunity High Roads Training Partnership: https://risingsunopp.org/policy/
Climate Action Plan and Resilience Update INFORMATION CALENDAR April 15, 2025
scaling electrification for low-income residents, conducted contractor trainings, and installed direct improvements in three Berkeley income-qualified homes which received one or more of the following: energy audits, solar + storage installation, electrical upgrades, and new electric appliances.
Berkeley home that received electrification upgrades through the Home Electrification Equity Project
Bay Area Air District Indoor Appliances Implementation Working Group To improve indoor air quality, the Bay Area Air District adopted amendments to Rule 9-4 and Rule 9-6 in March 2023 which establish zero-nitrogen oxide (NOx) emissions standards for gas furnaces and water heaters.5 These rules phase in requirements, beginning in 2027, that will ultimately only allow zero NOx appliances, such as heat pumps, to be sold and installed in the Bay Area for new water heaters and furnaces.
City staff are participating in the Bay Area Air District Indoor Appliances Working Group to identify and address implementation issues including technical and workforce readiness of the market and equitable transition to compliant appliances.
BUILDING EMISSIONS SAVING ORDINANCE
The goal of Berkeley’s Building Emissions Saving Ordinance (BESO) is to reduce both energy costs and GHG emissions in Berkeley’s existing buildings. BESO consists of a Time of Sale Program and a Large Building Program.
5 Bay Area Air District Zero NOx rules: https://www.baaqmd.gov/rules-and-compliance/rule- development/building-appliances
Climate Action Plan and Resilience Update INFORMATION CALENDAR April 15, 2025
BESO Time of Sale Program Highlights
The BESO Time of Sale Program (for buildings under 25,000 square feet) requires building owners to complete and publicly report comprehensive assessments of their building’s energy performance and opportunities for improvement prior to listing a building for sale.
Successes of the BESO Time of Sale Program include:
96% compliance in 2024, an increase of 24 percentage points from the 2020 compliance rate (72%)
Launched a Home Energy Score assessment focused on electrification 4,356 energy assessments completed as of February 2025 3,519 Home Energy Scores6 completed as of February 2025, with an average score of 4.5 out of 10
87 homes completed qualifying energy efficiency or electrification upgrades in lieu of energy assessments to satisfy BESO requirements as of February 2025 New BESO Time of Sale Energy Upgrade Requirements
In December 2020, Berkeley City Council amended BESO to further align the program with the City’s electrification and community resilience goals. The amendment included direction to staff to develop energy upgrade requirements for future Council consideration. In early 2023, staff assembled a Technical Advisory Committee (TAC) of building decarbonization experts from local, state, and federal organizations, including PG&E, Ava, California Energy Commission, the Berkeley Lab, Building Decarbonization Coalition, and contractors and architects, to advise on potential requirements at time of sale. Throughout 2023 and 2024, staff worked with the TAC, Bridge Association of Realtors, the Berkeley Rent Board, the Environment and Climate Commission, and the City Council Land Use, Housing, and Economic Development Policy Committee to develop a policy proposal. In February 2025, Council adopted the proposed amendments to BESO, including flexible energy upgrade requirements for small residential buildings, which will go into effect in 2026.
BESO Large Building Program
The BESO Large Building Program (buildings over 25,000 square feet) requires annual energy benchmarking reports and energy assessments on a five-year recurring cycle for large multifamily and commercial buildings.
Successes of the BESO Large Building Program include:
342 energy benchmarks submitted in 2024, achieving 62% compliance 6 Developed by the US Department of Energy and its national laboratories, the Home Energy Score provides home owners, buyers, and renters directly comparable and credible information about a home’s energy use. Each Home Energy Score is shown on a simple one-to-ten scale, where a ten represents the most efficient homes. More information can be found at:
https://www.energy.gov/eere/buildings/articles/home-energy-score.
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130 large building energy assessments completed as of February 2025 Launched a benchmark scorecard to help building owners understand their buildings’ energy performance, with 312 scorecards distributed as of February 2025
Building Performance Standards Large Building Program
Building performance standards (BPS) establish building-level requirements, such as minimum GHG emissions reduction standards, by a specified date. These standards are generally applied to larger buildings, including multi-family residential and commercial buildings, to have the highest impact on the largest energy users. The size and type of building covered could expand over time. The U.S. Department of Energy awarded Berkeley and San Francisco a $19.9 million grant in 2024 – approximately $5.7 million of which will go to Berkeley – to develop BPS requirements that lead to the emissions reductions in the cities’ large buildings. Pending release of funds by the federal administration, this grant will allow the first stage of BPS development to begin in 2025.
BUILDING DECARBONIZATION INCENTIVE PROGRAMS
Berkeley property owners have started transitioning their gas, water, and HVAC systems to electric heat pumps. Heat pumps utilize clean electricity, are highly efficient compared to their gas counterparts, reduce building GHG emissions, and provide a variety of other benefits including increased comfort and better indoor air quality.
Property owners have taken advantage of several incentive programs7 for heat pump water heaters (HPWH) and heat pump HVAC systems (HP HVAC), including TECH Clean California and BayREN.
TECH Clean California is a statewide initiative, funded by California taxpayers and utility ratepayers, to accelerate the adoption of clean space and water heating technology across California in order to help meet the state goal of being carbon-neutral by 2045. Since its launch in 2022 through November 2024:
o 93 Berkeley homes installed HPWHs qualifying for TECH Clean California rebates totaling $291,300 in savings
o 371 Berkeley homes installed HP HVACs qualifying for TECH Clean California rebates totaling $689,000 in savings
7 For more information on rebates and incentives for electrification, please see The Switch Is On (https://switchison.org/) and the City of Berkeley’s Building Electrification (https://berkeleyca.gov/construction-development/green-building/building-electrification) and Financing Green Building Improvements (https://berkeleyca.gov/construction-development/green-building/financing- green-building-improvements) webpages.
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BayREN Home+ offered a variety of rebates for single family homes for heat pumps, insulation, duct sealing and replacement, and induction cooking appliances. Between 2019 and the conclusion of the BayREN Home+ program on October 18, 2024, a total of 1,751 of these measures were completed. BayREN Multifamily: Between 2014-2024, a total of 1,195 Berkeley units received a variety of energy and water saving upgrades, including electrification measures. This program now includes additional incentives for buildings that are located in communities experiencing health, heat or housing burdens.
The federal Inflation Reduction Act (IRA) of 2022 created programs to support clean energy retrofits. The California Energy Commission (CEC) was awarded $590 million from the U.S. Department of Energy to launch three IRA programs: Home Efficiency Rebates (HOMES), Home Electrification and Appliance Rebates (HEERA), and Training for Residential Energy Contractors (CA-TREC).8 These programs will provide rebates for whole home energy upgrades, reduce the cost of replacing old appliances in income-qualified homes, and support the training of contractors to install and maintain energy equipment.
CLEAN ENERGY TRANSITION
As more buildings transition off fossil fuels, the City is ensuring that its electricity comes from clean, renewable sources through participation in Ava Community Energy (Ava; formerly known by the name East Bay Community Energy or EBCE).
In 2016, Berkeley City Council voted to join Ava. In 2019, Berkeley City Council voted to switch municipal facilities to Ava’s Renewable 100 (R100) electricity service, sourced from 100% wind and solar facilities. In 2021, City Council then voted to set R100 as the default service for residential (starting in March 2022) and commercial (starting in October 2022) customers. As of February 2025, 88% of Berkeley accounts are receiving R100 electricity service.
Berkeley Customers by Sector
Total
Accounts Renewable 100 Bright Choice
Residential (excluding CARE) 43,633 93% 7%
Residential (CARE) 5,719 41% 59%
Non-Residential 4,986 95% 5%
All Accounts 54,338 88% 12%
8 For more information on the California Energy Commission’s IRA programs, please see https://www.energy.ca.gov/programs-and-topics/programs/inflation-reduction-act-residential-energy- rebate-programs
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MUNICIPAL BUILDING DECARBONIZATION
City staff are working on energy efficient upgrades to municipal facilities and infrastructure including park and street lighting, traffic signals, pools, and irrigation pumps. Facility and infrastructure upgrades, in particular street light conversions (from high pressure sodium to LEDs) and building lighting conversions (first to fluorescents and more recently to LEDs), have significantly reduced electricity consumption and utility bill costs for the City. In 2024, the City began using a new software platform, Energy Manager, and started receiving PG&E bills for municipal facilities electronically.
This now allows for review and detailed analysis, and when completed later in 2025, will also link to the City’s ERMA system for payment.
Recently completed municipal energy projects include:
Building Lighting Upgrades to LED: The following sites have had high- efficiency lighting installed to reduce energy costs and ensure lighting quality for building occupants:
Site Year Upgraded Annual kWh Saved
Fire Station #4 2022 9,500
Fire Station #7 2022 26,000
Emergency Services Warehouse 2023 8,800
Telegraph/Channing Garage 2023 67,000
Oxford Garage 2023 27,800
1947 Center St. 2024 164,500
Main Library Phase I 2024 150,000
Total 453,600
The energy savings from these lighting upgrades result in about $185,000 in annual cost savings for the City. Additional lighting upgrades are planned for Fire Stations #2, #5, and #6, Civic Center, and South Berkeley Senior Center, as well as Main Library, Phase II.
Most of these lighting upgrades are financed using PG&E’s On-Bill Financing program, with no up-front cost to the City. PG&E’s On-Bill Financing pays the contractor directly and allows the City to repay the loan through monthly utility bill savings.
Heat Pump Water Heaters: Installed in 2023 at no cost to the City through the ratepayer funded PG&E Government & K-12 Energy Efficiency Program:
o Main Library
o North Branch Library
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o South Branch Library
o Corporation Yard Green Room
o Corporation Yard Ratcliff Building
o Fire Station #3
o Fire Station #6
o Marina Restroom
o Harrison House
o Women’s Daytime Drop-In Center
Kitchen Electrification:
o South Berkeley Senior Center (2023)
o North Berkeley Senior Center9 (2025)
Building Envelope Improvements:
o North Berkeley Senior Center: insulated windows and doors, roof insulation, draft sealing (completed in 2023)
Rising Utility Costs & Electrification
In recent years, both commercial and residential PG&E electricity rates have increased significantly. In 2024, households experienced almost a 13% bill increase10. The high cost of electricity underscores the importance of energy efficiency and building envelope upgrades to reduce overall energy usage, as well as solar and battery installations to offset grid electricity and higher time-of-use pricing. While replacing gas systems with efficient all-electric heat pump HVAC and water heaters shifts the utility cost from gas to electricity, these additional energy efficiency upgrades can minimize electricity bill costs.
Additionally, all-electric equipment improves indoor air quality and comfort, reduces GHG emissions, and increases safety.
Staff is working with member organizations such as the Local Government Sustainability Energy Coalition and Green Cities California to understand the causes and potential opportunities for issues such as electricity affordability and interconnection timelines.
Municipal Solar + Storage
The City, alongside several other cities, is partnering with Ava to procure and install solar + storage systems at critical municipal facilities to provide increased energy resilience and clean back-up power. The proposed solar and battery installations are planned for the Corporation Yard and Live Oak Recreation Center. Construction is 9 Completion of the North Berkeley Senior Center kitchen electrification project is anticipated in 2025, combined with major wiring upgrades to the site.
10 Ava Community Energy: https://avaenergy.org/insight/pge-rate-increases-explained/
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expected to start in 2025, but may also be impacted by the federal pause on funding and new tariffs.
TRANSPORTATION
The City strives to advance opportunities for people to safely walk, bike, take public transit, and electrify mobility options. As transportation is the largest source of Berkeley’s GHG emissions, this work advances City climate goals. Additionally, it also improves public health and helps achieve Vision Zero to eliminate traffic deaths and serious injuries.
The City has taken a leadership role in facilitating transit-oriented development, including zoning reform as well as the Ashby and North Berkeley BART Station development projects, to create housing opportunities in proximity to transit, jobs, and other amenities. This provision of new housing for Berkeley’s growing population near transit hubs and corridors minimizes private automobile travel and its associated GHG emissions and other air pollutants.
ACTIVE TRANSPORTATION
The Public Works Transportation Division leads the City’s efforts to increase access and improve safety to a variety of mobility options beyond the automobile. In 2023, 34% of the trips taken within Berkeley utilized sustainable modes of transportation (walking, biking, and public transit). Highlights of recent efforts include improving pedestrian safety and bus accessibility.
Southside Complete Streets
In 2024, Public Works finished building the Southside Complete Streets project, a transformative project that makes the neighborhood south of the UC Berkeley campus a more walkable, bikeable, scooter-friendly, and bus accessible area. The project included:
Pedestrian safety improvements: wider sidewalks, corner curb extensions (bulb outs), pedestrian refuges and safer signals
Bicycle safety improvements: two-way protected bike lanes (cycle tracks); bike boxes at intersections, and dedicated bike traffic signals AC Transit support: dedicated bus lines with upgraded bus stops with boarding islands
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Southside improvements make it
safer to walk, bike, scooter and bus
Martin Luther King Jr. Way Vision Zero Quick Build
In 2024, Public Works completed the Quick Build project on Martin Luther King Jr. Way (MLK Way), from Dwight Way to Russell Street, adding longer pedestrian street crossings and improvements to slow drivers, making walking safer in an area that sees thousands of walking trips every day. This half mile stretch of MLK Way serves community destinations like Berkeley High School, Washington Elementary School, Tim Moellering Field, Grove Park, the Berkeley Public Library's south branch and Ashby BART.
MLK Vision Zero Quick Build crosswalk improvements
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ELECTRIC MOBILITY
The Berkeley Electric Mobility Roadmap (2020)11 identifies goals, strategies, and actions to create a fossil fuel free transportation system. The Roadmap supports the City’s ongoing efforts to increase walking, biking, and public transportation, and helps to ensure equitable access to the benefits of clean transportation.
In March 2023, the City hired an Electric Mobility Coordinator to support Roadmap implementation; the Coordinator convenes an interdepartmental Electric Mobility Working Group that meets biweekly.
The projects highlighted below reflect progress in achieving the four Electric Mobility Roadmap Goals:
1. Ensure Equity in Access to Electric Mobility
2. Improve Alternatives to Driving
3. Achieve Zero Net Carbon
4. Demonstrate City Leadership
Ensure Equity in Access to Electric Mobility — Maximize electric mobility benefits in underserved communities:
Berkeley Electric Bike Equity Project (BEEP): Local non-profit Waterside Workshops, with assistance from GRID Alternatives, developed and implemented BEEP using $250,000 from the Climate Equity Fund. This electric bike (e-bike) program for income-qualified Berkeley households also included a youth education and workforce development program to service e-bikes and provide job training opportunities. With additional support from a UC Berkeley Chancellor’s Grant, BEEP provided safety training and distributed 56 e-bikes to program recipients. Unlike other incentive programs that primarily seek to reduce the cost of e-bike ownership, BEEP employed a unique model that provided significant, ongoing support to participants throughout the one-year pilot (BEEP concluded in September 2024). Some program highlights include:
o 134 Berkeley residents benefited from the program including 114 residents using the e-bikes in the 56 BEEP households and 20 Waterside Workshops interns who assembled and maintained the e-bikes. 11 City of Berkeley Electric Mobility Roadmap: https://berkeleyca.gov/your-government/our-work/adopted- plans/berkeley-electric-mobility-roadmap
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o E-bike access led to transportation mode shifts for the majority of BEEP participants. 77% reported a decrease in use of a car or motor vehicle and 51% reported a decrease in use of ride hailing (i.e., Lyft, Uber, etc.). o 69% of participants reported budget savings on transportation costs.
Participants saved an average of $150 per year on fuel alone when replacing car miles with e-bike miles and avoided nearly $900 in total car ownership costs on average.
“I hope this pilot continues – to say it has been life changing to receive access to something I would not have been otherwise able to afford and that has been so transformative is an understatement.” (LeeAnn, BEEP participant)
Please see the BEEP Final Report for more information12. “I now ride my e-bike. I even will take longer
routes just to get more riding in and enjoy
the outdoors.” – Sherry
I no longer depend on public transportation
or ride sharing. I use the e-bike for all of my
travels.” – Julio
12 City of Berkeley, Berkeley Electric Bike Equity Project Final Report:
https://berkeleyca.gov/sites/default/files/documents/BEEP%20Data%20Analysis%20Summary%20Report %20February%202025-reduced.pdf
Climate Action Plan and Resilience Update INFORMATION CALENDAR April 15, 2025
Improve Alternatives to Driving — Shift trips to walking, biking, and shared electric modes:
Electric Micromobility: City Council adopted a resolution (2021) to establish a shared electric micromobility permit program for operators (currently Veoride and Lime) to provide Berkeley residents and visitors with sustainable commute options using electric scooters and e-bikes. To ensure equitable access to the electric scooters and e-bikes, at least 50% must be deployed in designated equity priority areas, and operators are required to provide both income-qualified programs and accessible options, such as sit scooters. In May 2023, the City approved two shared mobility operators to provide 400 stand-scooters and 400 seated-scooters in Berkeley.
o In 2024 a total of 241,508 trips, representing 210,265 total miles, were ridden on shared electric scooters and bicycles, an increase of 8% more trips than in 2023.
o Since the program launched in 2022 a total of 655,762 trips, representing 602,590 total miles, were taken on shared electric scooters and bicycles. Electric Bicycle Share Expansion: In 2025, through a partnership with the Metropolitan Transportation Commission (MTC), the Bay Wheels13 bike share program (operated by Lyft) will be adding 221 e-bikes and 11 new docking stations to the existing fleet of 200 e-bikes in Berkeley. Supporting the City’s transportation equity goals, the Bay Wheels Bike Share14 for All program provides discounted memberships for income qualified residents. Berkeley Pier-Ferry Project: The City has been working with the Water Emergency Transportation Authority (WETA) on a plan to reconstruct the currently closed Berkeley Pier at the Berkeley Marina and add ferry service, specifically all-electric ferry service for travel between Berkeley and San Francisco. WETA has more than $150 million in local, state and federal funding to begin working on their rapid-electric emission-free ferry program. Identification of more funds, needed for the pier-ferry construction phase, as well as public process and drafting of the CEQA document are planned for 2025.
Achieve Zero Net Carbon — Eliminate emissions from private vehicles:
Electric Vehicle Charging: The City continues to promote the use of electric vehicles (EVs) and facilitate the installation of EV charging stations by offering streamlined permitting, educating property owners about EV charging and grant opportunities, and providing EV charging on municipal property. Based on field 13 Metropolitan Transportation Commission Bay Wheels: https://mtc.ca.gov/operations/traveler- services/bay-wheels-bike-share-program
14 Lyft Bay Wheels Bikeshare for All: https://www.lyft.com/bikes/bay-wheels/bike-share-for-all
Climate Action Plan and Resilience Update INFORMATION CALENDAR April 15, 2025
verification in October 2023, there are currently 129 publicly available EV charging ports in Berkeley (Level 2 and Direct Current Fast Chargers, or DCFC) in addition to at least 75 EV charging ports installed by businesses for their employees, or at multifamily apartment buildings. The City is partnering with Ava to develop public DCFC Hubs at two locations in Berkeley. In addition, local amendments to the 2022 CALGreen require levels of EV charging in new buildings in Berkeley which exceed state requirements.
Clean Vehicle Adoption Rate: Berkeley has a high all-electric and plug-in hybrid vehicle adoption rate. In 2023, 11.4% of all vehicles registered in Berkeley were all-electric, plug-in hybrid, and fuel cell vehicles compared to 5.2% statewide. See Figure 3 for a year-to-year comparison of Berkeley’s clean vehicle registrations.
Figure 3: Clean Vehicle Adoption Rate by Year
Demonstrate City Leadership — Lead by example and guide the electric mobility transition:
Electrification of City Fleet: Staff worked with Ava to conduct a municipal fleet electrification assessment, including a plan for EV deployment and associated charging infrastructure through 2030. The City is currently working to add EV charging for fleet vehicles at the Corporation Yard and has continued to increase
Climate Action Plan and Resilience Update INFORMATION CALENDAR April 15, 2025
the number of EVs in the municipal fleet to meet City goals and comply with the State of California’s Advanced Clean Fleets regulation. As of March 5, 2025, the City’s municipal fleet has 578 total vehicles, including heavy equipment and bicycles, with these electric models:
Electric Vehicle Type Number in
Fleet
Electric Equipment Type Number in
Fleet
Sedan 34 Tractor 1
Pickup Truck 10 Forklift 1
SUV 8 Lift 2
Low-speed Utility Vehicle 5 Electric Harbor Boat 1
Three-wheeled Scooter 2 Total 5
Electric Bicycle 10
Total 69
WASTE
The City of Berkeley’s Public Works Zero Waste Division leads multiple cross- departmental efforts to reduce waste, increase recycling and composting, and support food recovery at City facilities and in the community. Highlights include:
Zero Waste Strategic Plan
The Zero Waste Strategic Plan, currently being finalized, will establish a framework and roadmap for reaching Berkeley’s goal of sending zero waste to landfills. It will provide recommendations for policies, programs, and infrastructure with an implementation timeline and estimated expenses.
This Plan will integrate with the Transfer Station Replacement. The two concepts in the Transfer Station Replacement Feasibility Study are currently being assessed for feasibility of construction while continuously operating the Transfer Station, including necessary CEQA review. Ultimately, the replacement facility will serve as a state-of-the- art zero waste facility to transfer garbage, sorted recyclables, compost, and other materials, to help achieve the City’s goal of zero landfilled waste.
Senate Bill 1383
California State Senate Bill 1383 (2016) is designed to reduce short-lived climate pollutants and requires 75% organic waste reduction by 2025 and a 20% increase in
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recovery of edible food that is currently disposed by 2025. Local jurisdictions have significant, new requirements to implement additional waste reduction programs and enhanced reporting and enforcement protocols to comply with the state legislation. SB 1383 implementation started January 1, 2022. Key highlights include:
Berkeley has 153 Edible Food Generators (i.e., restaurants and grocery stores) to donate excess edible food and eight food recovery organizations In 2023 (most recent available data), 425,286 pounds of edible food was recovered by food recovery organizations
Single Use Disposable (SUDs)
The City’s Single Use Foodware and Litter Reduction Ordinance, also known as SUDs, (Berkeley Municipal Code, Chapter 11.64) requires businesses selling prepared food for both on-site dining and take out to follow guidelines to reduce their usage of single-use disposables, including providing reusable foodware, color coded recycling and compost bins, and compostable take-out containers. Key highlights include:
In fiscal year 2024, staff inspected 648 restaurants, and found that 175 or 27% were in compliance, providing reusables for on-site dining. The City is hosting three California Climate Action Corps fellows who are conducting outreach to local food-serving businesses, offering free technical assistance and up to $300 to purchase reusable foodware containers or up to $2,500 toward the rental or purchase of a dishwasher.
Construction & Demolition Debris Diversion
The City requires all nonresidential construction projects and residential projects over a certain value to reuse or recycle construction and demolition debris at a rate that exceeds State requirements (Berkeley Municipal Code, Chapter 19.37). Through increased collaboration between Zero Waste and the Planning and Development Department, Zero Waste staff now participate in the New Construction Plan Check process to help architects and contractors understand and comply with Zero Waste requirements before breaking ground on new developments and renovations. 2025 and Beyond
The Zero Waste Division is currently utilizing Cal Recycle grant funding, and seeking additional support through BayREN, to renovate the teaching kitchen at 1007 University (currently occupied by Berkeley Fire Department Emergency Medical Services) in order to increase capacity to recover and distribute excess food as well as provide shared capacity for dishwashing reusable foodware.
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COMMUNITY ENGAGEMENT
Community engagement and outreach, including programs, training and events, provides resources to residents, businesses and municipal employees to advance the City’s climate and resilience goals. The City strives to engage a broad cross section of the community, and through equitable programs focuses on resilient communities who that have been marginalized and are most impacted by climate change. Various community engagement efforts are highlighted below.
Climate Equity Fund – Community Engagement
Through the Council-funded Climate Equity Pilot (2021), the Ecology Center was awarded $100,000 to develop and convene a Climate Equity Collaborative (CEC) of about a dozen community organizations serving Berkeley’s marginalized communities.
Working with the CEC partners, the Ecology Center provided climate change education at community events and distributed resilience measures such as Clipper cards, induction cooktops and air filters to income-qualified residents. The Ecology Center also provided stipends to community ambassadors to support program implementation.
Work will conclude in 2025.
Chef Camille demonstrating induction cooking at Climate Equity funded Healthy Black Families Induction Giveaway
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California Climate Action Corps
The City is hosting four full-time California Climate Action Corps fellows for the 2024-25 program year, at no cost to the City. The California Climate Action Corps is an AmeriCorps program specifically focused on community engagement in the areas of urban greening, wildfire resilience, and organic waste and edible food recovery. One fellow is serving in the Urban Forestry Division to support tree planting efforts, with a focus on increasing tree canopy more equitably throughout the City. Three fellows are serving in the Zero Waste Division to support SB 1383 implementation, including training City staff on proper sorting, hosting information tables at community events, and conducting outreach to Berkeley restaurants to increase food waste collection and food recovery efforts. Additionally, the Zero Waste climate fellows are providing technical support to restaurants to ensure compliance with Berkeley’s Single Use Disposables ordinance.
East Bay Green Home Tours
Since 2021, the City has hosted virtual East Bay Green Home Tours15 showcasing various efforts of local residents to save water and energy, increase resilience to drought and heat, electrify their appliances, and reduce the carbon footprint of their homes. Hundreds of people attend the event each year, and the online videos of the event continue to receive thousands of views. In 2024, in addition to a virtual tour, the event added in-person tours at 13 homes, with 853 home visits. “I loved being able to visit these homes and see what others have done to make their homes better. I learned a ton and was so inspired.” (2024 East Bay Green Home Tour attendee) OESD staff greet visitors at a Berkeley home
on the 2024 East Bay Green Home Tour
Berkeley Climate Action Coalition volunteer
and OESD staff offer resources at the 2024
East Bay Green Home Tour
15 East Bay Green Home Tour: https://www.eastbaygreenhome.com/
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Ride Electric
On October 19, 2024, OESD hosted the 7th Annual Ride Electric in conjunction with the City’s Harvest Festival. The event offers electric bike and scooter test rides through the City’s shared electric mobility providers and local bicycle retailers, a municipal fleet electric vehicle showcase, and multiple resources to income-qualified residents to help electrify their ride. Adaptive vehicles were added to the lineup this year.
Families test riding electric bikes at Ride Electric
Business Outreach
The Office of Economic Development (OED) leads efforts to help businesses reduce their carbon footprint. Through its quarterly newsletters, presentations, one-to-one meetings with business owners, and outreach to local Business Districts, OED promotes grants, programs and other resources that help businesses upgrade their buildings, operate with environmental responsibility, and comply with City sustainability policies. OED also has a partnership with the Alameda County Green Business program which has enrolled 141 Berkeley businesses in the program and has supported 79 Berkeley businesses to achieve the statewide recognized green business certification.
Municipal Employee Sustainability & Zero Waste Training Starting in 2024, OESD, in partnership with the Zero Waste Division, began delivering bi-weekly training to new employees presenting on Berkeley’s climate and environmental leadership and resources to green the office. The training also includes an interactive activity to increase recycling and composting at City facilities. Additionally, staff delivered sustainability and zero waste trainings to current employees during staff meetings and special department events. As of February 2025, 712 employees have participated in these trainings.
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Kala Art Institute Municipal Artist-In-Residence
The Planning and Development Department participated in the Kala Art Institute’s Print Public Municipal Artist in Residence Program, an arts-integrated approach to urban planning and community activation. Through the program, artists worked with City departments as cultural strategists to help approach challenges such as climate justice and neighborhood revitalization in new ways that lift up voices that are less often heard.
This past year, artist Cheryl Derricotte partnered on the Climate Equity Pilot and artist Marcel Pardo Ariza partnered on the San Pablo Area Plan. Their culminating art show, titled “Roadwork,” was on display at Kala from October 24, 2024 – February 14, 2025.
Kala staff, City staff, and artists at “Roadwork” show by Cheryl Derricotte (third from left) and Marcel Pardo Ariza (fifth from left) Berkeley Electric Bike Equity Project (BEEP) participants engaging in Group Bookmaking Art with Cheryl Derricotte
Climate Action Plan and Resilience Update INFORMATION CALENDAR April 15, 2025
ADAPTATION & RESILIENCE
The City strives to strengthen and prepare the community for shocks and stresses, including adapting to the impacts of climate change. The City’s resilience efforts, as outlined in the 2016 Resilience Strategy, include the following goals:
1. Build a connected and prepared community
2. Accelerate access to reliable and clean energy
3. Adapt to the changing climate
4. Advance racial equity
5. Excel at working together within City government to better serve the community
6. Build regional resilience
Many City departments are coordinating and leading efforts to enhance resilience and help Berkeley adapt to a changing climate, including Planning, Public Works, Parks Recreation and Waterfront, Health, Housing and Community Services, and Fire. A summary of programs is provided below.
Climate Action Plan and Resilience Update INFORMATION CALENDAR April 15, 2025
Prepared, Safe and Healthy Berkeley Project
The City of Berkeley received $497,042 in funding from the State of California’s Adaptation Planning Grant Program to help update the General Plan Disaster Preparedness & Safety Element, create a new Environmental Justice Element, and develop community-driven climate and resilience metrics. The Ecology Center, the City’s community partner in this project, is leading equity-driven engagement with a Community Advisory Committee comprised of organizations serving resilient communities that have been marginalized and impacted first and hardest by climate change. In February 2024, the project team began hosting community events to gather input and ideas on how the City can create policies that better prepare Berkeley for natural disasters and climate change and reduce exposure to pollution. The outreach and development of these General Plan updates are anticipated to be completed in 2026.
Local Hazard Mitigation Plan (LHMP)
The Local Hazard Mitigation Plan (LHMP) is the main document that houses the City’s climate adaptation work. The LHMP outlines the natural disasters and hazards that can occur in Berkeley and the actions the City is taking to reduce risk. It also lists actions that residents can take to reduce personal risk and help the City’s collective mitigation efforts. The 2024 LHMP was approved by the California Office of Emergency Services and Federal Emergency Management Agency. The LHMP was presented to the City Council at the March 18, 2025 City Council meeting.
Extreme Heat Planning
An extreme heat day is when temperatures reach the 98th percentile of historic maximum temperature. In Berkeley, an extreme heat day is a day above 88.3 degrees Fahrenheit. The City developed extreme heat protocols for municipal response operations and a page on the City website dedicated to heat wave safety16. Staff continue to evaluate city infrastructure and community needs and are integrating best practices from other jurisdictions. The City is also participating in a regional group coordinated with UC Berkeley, the Berkeley Lab, and several Bay Area jurisdictions, to share and plan around extreme heat.
Wildfire Smoke
The Bay Area has experienced multiple days and periods of unhealthy air quality due to wildfire smoke in recent years. These events can coincide with heat waves, high fire risks, and/or Public Safety Power Shutoffs. To better address the threat of wildfire smoke, in 2019 the City of Berkeley participated in a grant led by Alameda County to create a communications protocol for responding to wildfire smoke and other air quality conditions. In addition, in 2023 the Office of Emergency Services secured 28 air cleaners from a Bay Area Air District grant. These air cleaners were distributed to public 16 City of Berkeley Heat Wave Safety: https://berkeleyca.gov/safety-health/disaster-preparedness/heat- wave-safety
Climate Action Plan and Resilience Update INFORMATION CALENDAR April 15, 2025
facing sites including libraries and community centers for use when air quality is poor.
The City is also working to advance emergency and resilience planning for extreme heat and high air quality index (AQI) events, including coordination with cities around North America, and local collaboration and outreach with community partners serving communities who have been marginalized.
Sea Level Rise
In 2019 the City initiated the Waterfront Specific Plan project to develop a long-term vision for achieving a financially self-sustainable publicly owned Waterfront. The team conducted an extensive community outreach process and a draft Sea Level Rise Study for the Berkeley Waterfront. Preliminary findings indicate that three locations at the Berkeley Waterfront may experience periodic flooding by 2050 during a 100-year storm and King tide.
Groundwater Rise
Shallow groundwater in coastal communities will rise as sea levels rise, increasing the risk of flooding communities from below. The City participated in a project funded by a 2020–2022 California Resilience Challenge grant, led by the San Francisco Estuary Institute Aquatic Science Center. The final report17 provides groundwater mapping for existing and future conditions, suggestions on how to use this dataset for planning purposes, recommendations for additional modeling and assessments, and potential next steps. The City built upon this work by evaluating the impact of shallow groundwater rise and sea level rise on toxic materials stored underground, through an analysis conducted as part of the Prepared, Safe & Healthy Berkeley Project.
Tree Canopy Equity
The City of Berkeley has a vibrant urban forest made up of approximately 38,000 street, park and median trees, managed and maintained by the Urban Forestry Division of the Parks, Recreation & Waterfront Department. Current tree inventories and canopy coverage data illustrate fewer trees are located in the West and South Berkeley, neighborhoods which also have higher populations of lower-income and historically marginalized communities. To address tree equity, over 1,000 trees were planted in Aquatic Park in 2024. In addition, the City plans to plant another 1,000 trees in West and South Berkeley neighborhoods over the next year. Funds have been secured through the California Natural Resources Agency’s Urban Greening Grant ($726,000) and an Environmental Enhancement and Mitigation Grant ($576,000).
In addition, the City was awarded a federal Urban and Community Forestry grant from the Inflation Reduction Act for $1,000,000 to hire staff and continue tree planting work over the next three years. This project aims to eliminate the past barriers to growing new street trees by promoting tree planting opportunities, engaging with communities 17 San Francisco Estuary Institute: Shallow Groundwater Response to Sea Level Rise:
https://www.sfei.org/projects/shallow-groundwater-response-sea-level-rise
Climate Action Plan and Resilience Update INFORMATION CALENDAR April 15, 2025
and gathering specific tree planting requests in areas with low tree counts, purchasing and planting drought tolerant trees and then providing the three years of watering investment to establish these trees. These new trees will help to provide shade, cooling, storm water benefits, and beautification in neighborhoods that have been historically underserved.
Pollinator Gardens
Pollinator gardens support bees and other insects and provide habitat and food for birds, reptiles and amphibians. Pollinator gardens also conserve water and sequester carbon from the atmosphere, while providing access to natural spaces in urban environments. Since 2020 several Berkeley parks and medians have been renovated in collaboration with the community to create space for native pollinator gardens and corridors. Pollinator gardens have been installed in the following locations:
- Cesar Chavez Park - John Hinkle Park - 63rd St Community Garden - Charlie Dorr Mini Park - King School Park - University Ave & Marina Blvd - Cragmont Park - Ohlone Park roundabout
- George Florence Park - Prince Street Mini Park - Berkeley Marina Sportsman - Haskell Mable Park - Remillard Park Bait Shop (225 University) - James Kenney Park (2) - Strawberry Creek Park planter beds Volunteers installing the pollinator garden
at San Pablo Park in 2021
Thriving pollinator garden
at San Pablo Park today
Below is a list of recent pollinator garden installations:
Grove Park Pollinator Garden (2024)
Grove Park Collaborative Garden (Food, Faith, & Justice, McGee Baptist Church) (2024)
Climate Action Plan and Resilience Update INFORMATION CALENDAR April 15, 2025
Aquatic Park: 8,413 new native plants and grasses installed on Bolivar Dr. between Addison and Bancroft (2024)
University Avenue median: added 76 new native plants and grasses to replace contractor damage and beautify new Berkeley Waterfront median sign (2025) Bay Area Climate Adaptation Network (BayCAN)
Berkeley is a founding member and participates in the Executive Committee of the Bay Area Climate Adaptation Network (BayCAN), a network of local government staff helping coordinate an effective and equitable response to the impacts of climate change. BayCAN works to share best practices, develop opportunities for collaboration and program implementation, and secure funding and resources for equitable climate adaptation.
BACKGROUND
The City of Berkeley is a long-time climate leader. Berkeley was one of the first cities to adopt a Climate Action Plan (2009), followed by the Resilience Strategy (2016) to advance preparedness and equity to adapt to a changing climate.
In recognition of the climate crisis, the City adopted additional climate goals to bolster the Climate Action Plan target of reducing greenhouse gas emissions 80% below 2000 levels by 2050. Berkeley’s recent goals include:
Fossil Fuel Free Berkeley (2018): City Council adopted a Climate Emergency Declaration and a goal of becoming a Fossil Fuel Free City Race to Zero (2021): City Council adopted a resolution for the Cities Race to Zero Campaign to establish a 2030 emission reduction target that reflects Berkeley’s fair share of the 50% global reduction in carbon dioxide equivalent CO2e, committing to reduce emissions 60.5% from 2018 levels by 2030. This resolution also committed Berkeley to achieving zero net carbon emissions by 2045.
ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The City’s Climate Action Plan, Resilience Strategy, Local Hazard Mitigation Plan, and Strategic Plan all contribute to advancing the community towards a clean and resilient energy future that successfully meets Berkeley’s climate goals. The City is actively working to advance a just transition to becoming a fossil fuel free City, through projects such as the $1.5 million Just Transition Pilot Program and the Bay Area High Road Training Partnership.
POSSIBLE FUTURE ACTION
This report provides the City Council an overview of climate implementation efforts across multiple City departments and highlights projects that are in collaboration with the community, and an update on GHG emission trends. The Climate Equity Fund and
Climate Action Plan and Resilience Update INFORMATION CALENDAR April 15, 2025
Just Transition Program are examples of pilot programs that could be expanded, with additional funding, to increase equitable GHG emissions reductions. In the face of federal uncertainties, some funded programs, such as BESO’s Building Performance Standards Large Building Program, may need new sources of support.
FISCAL IMPACTS OF POSSIBLE FUTURE ACTION
Mitigation of Berkeley’s GHG emissions and adapting to the impacts of climate change are interrelated. Current investment to reduce community-wide emissions and enhance equitable climate adaptation and resilience, such as the Climate Equity Fund Pilot projects and the Just Transition Pilot, will help reduce the costs of addressing the impacts of climate change in the future.
Staff are closely monitoring the applicability and availability of regional, state, federal, and foundation funding to support the transition away from fossil fuels and other opportunities to advance clean energy and climate resilience goals. However, while Berkeley does have communities who have been marginalized, the City often does not qualify for state and federal funding that prioritizes disproportionately burdened communities as defined by CalEnviroScreen.18 Moreover, the federal administration is freezing clean energy, equity, and climate related funding and programs, placing the onus of funding on municipalities and regional agencies. Continued advancement to meet climate goals will require additional resources to fund projects and programs, particularly for low income and other marginalized communities.
CONTACT PERSON
Sarah Moore, Manager, Office of Energy & Sustainable Development, 510-981-7494 Rebecca Milliken, Community Services Specialist II, Office of Energy & Sustainable Development, 510-981-7021
Ammon Reagan, Community Services Specialist II, Office of Energy & Sustainable Development, 510-981-7416
Attachment:
1: Berkeley Greenhouse Gas Inventory (2022 and 2023)
18 CalEnviroScreen 4.0: https://oehha.ca.gov/calenviroscreen/report/calenviroscreen-40
1 ATTACHMENT 1: BERKELEY GREENHOUSE GAS INVENTORY (2022 and 2023) Based on the best currently available data from 2023, the Berkeley community has reduced overall greenhouse gas (GHG) emissions by 41% since 2000. There are three important considerations:
Berkeley’s emission reduction and fossil fuel free goals were set in the context of a growing population, so the 2023 emissions reductions were achieved with a 16% increase in population from the 2000 baseline.
UC Berkeley and the Berkeley Lab are not included in Berkeley’s GHG emissions inventory because their campuses are outside of the City’s jurisdiction. However, both institutions track their own emissions reduction goals and are engaged community partners in addressing climate change. Learn more about these efforts online.19
The transportation emissions methodology changed starting in 2018. Prior to 2018, the Bay Area’s Metropolitan Transportation Commission (MTC), Travel Model One, was used to calculate transportation sector emissions; but that model could not account for changes to yearly commuting patterns or impacts from events like the COVID-19 pandemic. Starting in 2018, transportation data emissions are calculated through Google’s Environmental Insights Explorer (EIE) which estimates vehicle miles based on aggregated and anonymized location history data.
To note, the last greenhouse gas inventory reported to Council in 2023 utilized Google EIE data and used national data to estimate the total miles traveled and fuel efficiency by each fuel category (gasoline, diesel, electricity, etc.). This year, staff was able to use local data for Alameda County for the fuel category breakdown. Alameda County data can account for local fuel efficiencies and electric vehicle adoption rates which are above the national average. Due to the change to local data for the fuel category breakdown, the updated emissions inventories for 2018-2021 are lower than what was reported to Council in 2023.
Since the last update to Council in 2023, staff completed the 2022 and 2023 greenhouse gas inventories. Berkeley’s community-wide GHG emissions totaled 455,412 metric tons of carbon dioxide equivalent (mtCO2e) in 2022 and 432,806 mtCO2e in 2023.
19 UC Berkeley 2024 Sustainability Report https://sustainabilityreport.ucop.edu/2024/locations/uc- berkeley/ and the Berkeley Lab 2024 Sustainability Report https://sustainabilityreport.ucop.edu/2024/locations/lawrence-berkeley-national-lab/
2 Figure 1 is a pie chart of the 2023 community-wide GHG emissions inventory broken down by sector and fuel. The majority of Berkeley’s GHG emissions continue to come from the transportation and building sectors.
The transportation sector was the largest source of 2023 GHG emissions, accounting for 58% (249,028 mtCO2e)20 and includes vehicles, BART, AC Transit, Amtrak and maritime vessels. The building sector was the second largest source of emissions in 2023 and accounted for 39% (168,453 mtCO2e)21 of community-wide emissions. Energy usage data for Berkeley buildings, provided by Ava and PG&E, is broken down into residential and commercial (including industrial) buildings — for both electricity use and natural gas (gas) combustion.
Emissions from municipal energy use accounts for 0.4% (1,516 mtCO2e)22 of the 2023 community-wide GHG emissions. Municipal energy consumption includes city buildings and other uses like streetlights and traffic signals. The remaining 3% (13,808 mtCO2e)23 of Berkeley’s community-wide GHG emissions come from landfilled solid waste, water consumption, and wastewater treatment.
Figure 1: 2023 Berkeley GHG Emissions Inventory, by Sector and Fuel 20 The transportation sector accounted for 55% (252,377 mtCO2e) in 2022 21 The building sector accounted for 41% (187,662 mtCO2e) in 2022. 22 Emissions from municipal energy use accounted for 0.3% (1,293 mtCO2e) in 2022. 23 Landfilled solid waste, water consumption, and wastewater treatment accounted for 3% (14,080 mtCO2e) in 2022.
3 To identify and quantify reductions achieved, the most current community emissions from 2023 are compared to the Climate Action Plan (CAP) baseline year of 2000. A historic summary of Berkeley’s annual emissions inventories from 2000 to 2023 is provided in Figure 224.
Figure 2: Berkeley GHG Emissions Inventories including Sectors (2000-2023) Community-wide GHG emissions in 2023 decreased 41% from the 2000 baseline. As mentioned, due to the change in methodology in calculating transportation sector emissions there is a significant drop in emissions in 2018. From 2018 to 2023, community-wide emissions decreased by 15%. Berkeley’s original CAP goal of reducing GHG emissions by 80% from 2000 levels by 2050 was superseded by a commitment by the Berkeley City Council on May 11, 2021, to become net zero carbon emissions by 2045 or sooner, requiring an additional 59% reduction of GHG emissions over the next 20 years.
Building Sector Emissions
Overall GHG emissions from Berkeley’s building sector decreased by 10% from 2022 to 2023 and are 53% below 2000 levels. Total community-wide electricity usage has decreased by 36% since 2000. Total community-wide natural gas usage decreased by 6% from 2021 to 2022 and increased by 4% from 2022 to 2023. Community-wide natural gas usage remains 24% below 2000 levels.
24 Due to data access issues, the City was not provided with energy use data in 2015 and 2016, so building energy usage was estimated using assumptions and is represented with shaded coloring. No inventory was calculated for 2017, so that year of data is omitted.
4 Impacts to Berkeley’s Building sector emissions:
Transition to Ava Renewable 100 – Starting in 2022, all Berkeley customers were automatically opted-up into Ava’s Renewable 100. This transition yielded a 62% decrease in emissions from city-wide electricity usage in 2023 from 2022 as many residents and businesses transitioned to Ava’s Renewable 100 plan. Ava Bright Choice Electricity Emission Factor – The emission factor for Ava’s default electricity product, Bright Choice, remains significantly higher than PG&E’s base product, but has decreased 37% since 2020. The Bright Choice product accounts for 12% of Berkeley’s 2023 community-wide electricity consumption. Ava is committed to providing 100% emissions-free Bright Choice by 2030.
Transportation Sector Emissions
Overall GHG emissions from Berkeley’s transportation decreased 14% from 2018, the most recent GHG inventory using the new methodology for on-road vehicles. Emissions from on-road vehicles are calculated using total miles traveled provided by Google Environmental Insights Explorer25. While total miles traveled by on-road vehicles decreased by approximately 37 million miles (roughly 6%) in 2023 compared to 2018, emissions from on-road vehicles decreased by approximately 40,000 metric tons of CO2e (roughly 14%). The decrease in emissions outpaced the reduction in miles traveled due to the increase of plug-in hybrid and electric vehicles.
Landfill Solid Waste Emissions
Total community-wide landfill solid waste and overall emissions from the waste sector decreased by 2% in 2023 compared to 2022, placing current waste sector emissions 47% below the 2000 baseline.
25 Google Environmental Insights Explorer: https://insights.sustainability.google/
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/
INFORMATION CALENDAR
April 15, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Jordan Klein, Director, Planning and Development Department Subject: Notice of Decision: 21 Mosswood Road/#LMIN2024-0007
INTRODUCTION
The attached Notice of Decision (NOD) for the Landmarks Designation is presented to the Mayor and City Council pursuant to Berkeley Municipal Code/Landmarks Preservation Ordinance Section 3.24.160, which requires that “a copy of the Notice of Decision shall be filed with the City Clerk and the City Clerk shall present said copy to the City Council at its next regular meeting.”
CURRENT SITUATION AND ITS EFFECTS
The Landmark Preservation Commission (LPC/Commission) has designated the subject property as a City Landmark.
BACKGROUND
Berkeley Municipal Code Section 3.24.300 provides that the City Council is the hearing body for any appeal to review any action of the Commission in granting or denying designation status. The code also provides that the City Council may file its own appeal to review the decision on its merits. An individual Council member may file such an appeal, without prejudice, by providing a written statement clearly and concisely setting forth the grounds upon which the appeal is based. Alternatively, the Council as a whole may vote to appeal the decision; to do so, this Information Item must be moved to the Action calendar and a motion must pass to appeal the LPC decision. Either form of Council appeal or a public appeal must be presented to the City Clerk within 15 days from the mailing of the NOD, i.e. by April 15, 2025. Council review of any appeal by any party stays all proceedings in the matter until the appeal is resolved.
ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Landmark designation provides opportunities for the adaptive re-use and rehabilitation of historic resources within the City. The rehabilitation of these resources, rather than their removal, achieves construction and demolition waste diversion, and promotes investment in existing urban centers.
24
Notice of Decision: 21 Mosswood Road/#LMIN2024-0007 INFORMATION CALENDAR April 15, 2025
POSSIBLE FUTURE ACTION
The Council may choose to certify or appeal the decision to grant designation status, setting the matter for public hearing at a future date.
FISCAL IMPACTS OF POSSIBLE FUTURE ACTION
There are no known fiscal impacts associated with this designation action.
CONTACT PERSON
Anne Hersch, Land Use Planning Manager, Planning and Development, 510-981-7410 Attachments:
1: Notice of Decision – #LMIN2024-0007/21 Mosswood Road
Attachment 1, part 1
L A N D M A R K S
P R E S E R V A T I O N
C O M M I S S I O N
N o t i c e o f D e c i s i o n
DATE OF BOARD DECISION: March 6, 2025
DATE NOTICE MAILED: March 31, 2025
APPEAL PERIOD EXPIRATION: April 15, 2025
EFFECTIVE DATE (Barring Appeal or Certification): April 16, 20251 21 Mosswood Road – The Mouser-Parsons House
Landmark application #LMIN2024-0007 for the consideration of City Landmark or Structure of Merit designation status for a residential property constructed in ca. 1888 (APN 055-1862-005-00)
The Landmarks Preservation Commission of the City of Berkeley, after conducting a public hearing, APPROVED the granted the following designation: City Landmark o Applicant/Property Owners: Laura Veit and Isaac Warshauer 21 Mosswood Road
Berkeley, CA
ZONING DISTRICT: Environmental Safety-Residential District (ES-R) ENVIRONMENTAL REVIEW STATUS: Categorically exempt from further environmental review pursuant to CEQA Guidelines Section 15061.(b)(3) Review for Exemptions.
The application materials for this project is available online at:
https://berkeleyca.gov/construction-development/land-use-development/zoning-projects or https://permits.cityofberkeley.info/CitizenAccess/Default.aspx 1 Pursuant to BMC Chapter 3.24, the City Council may “certify” any decision of the LPC for review, which has the same effect as an appeal. In most cases, the Council must certify the LPC decision during the 14-day appeal period. However, pursuant to BMC Section 1.04.070, if any portion of the appeal period falls within a Council recess, the deadline for Council certification is suspended until the first Council meeting after the recess, plus the number of days of the appeal period that occurred during the recess, minus one day. If there is no appeal or certification, the Permit becomes effective the day after the certification deadline has passed.
LANDMARKS PRESERVATION COMMISSION
NOTICE OF DECISION
#LMIN2024-0007
21 Mosswood Road
March 31, 2025
FINDINGS AND CONDITIONS OF APPROVAL AND APPLICATION MATERIALS ARE
ATTACHED TO THIS NOTICE
COMMISSION VOTE: 8-0-0-0 (Note: one vacancy)
YES: CRANDALL, ENCHILL, FINACOM, LEUSCHNER, MONTGOMERY, ORBUCH,
PLESE, SCHWARTZ
NO: NONE
ABSTAIN: NONE
ABSENT: NONE
TO APPEAL THIS DECISION (see Section 3.24.300 of the Berkeley Municipal Code):
To appeal a decision of the Landmarks Preservation Commission to the City Council you must:
1. Submit a letter clearly and concisely setting forth the grounds for the appeal to the City Clerk, located at 2180 Milvia Street, 1st Floor, Berkeley. The City Clerk’s telephone number is (510) 981-6900.
a. Pursuant to BMC Section 3.24.300.A, an appeal may be taken to the City Council by the application of the owners of the property or their authorized agents, or by the application of at least fifty residents of the City aggrieved or affected by any determination of the commission made under the provisions of Chapter 3.24.
2. Submit the required fee (checks and money orders must be payable to ‘City of Berkeley’):
a. The basic fee for persons other than the applicant is $1,500. This fee may be reduced to $500 if the appeal is signed by persons who lease or own at least 50 percent of the parcels or dwelling units within 300 feet of the project site, or at least 25 such persons (not including dependent children), whichever is less. Signatures collected per the filing requirement in BMC Section 3.24.300.A may be counted towards qualifying for the reduced fee, so long as the signers are qualified. The individual filing the appeal must clearly denote which signatures are to be counted towards qualifying for the reduced fee.
b. The fee for appeals of affordable housing projects (defined as projects which provide 50 percent or more affordable units for households earning 80% or less of Area Median Income) is $500, which may not be reduced.
c. The fee for all appeals by Applicants is $6,000.
3. The appeal must be received prior to 5:00 p.m. on the "APPEAL PERIOD EXPIRATION" date shown above (if the close of the appeal period falls on a weekend or holiday, then the appeal period expires the following business day).
LANDMARKS PRESERVATION COMMISSION
NOTICE OF DECISION
#LMIN2024-0007
21 Mosswood Road
March 31, 2025
If no appeal is received, the landmark permit will be final on the first business day following expiration of the appeal period.
NOTICE CONCERNING YOUR LEGAL RIGHTS:
If you object to this decision, the following requirements and restrictions apply:
1. If you challenge this decision in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Landmarks Preservation Commission at, or prior to, the public hearing.
2. You must appeal to the City Council within fifteen (15) days after the Notice of Decision of the action of the Landmarks Preservation Commission is mailed. It is your obligation to notify the Land Use Planning Division in writing of your desire to receive a Notice of Decision when it is completed.
3. Pursuant to Code of Civil Procedure Section 1094.6(b) and Government Code Section 65009(c)(1), no lawsuit challenging a City Council decision, as defined by Code of Civil Procedure Section 1094.6(e), regarding a use permit, variance or other permit may be filed more than ninety (90) days after the date the decision becomes final, as defined in Code of Civil Procedure Section 1094.6(b). Any lawsuit not filed within that ninety (90) day period will be barred.
4. Pursuant to Government Code Section 66020(d)(1), notice is hereby given to the applicant that the 90-day protest period for any fees, dedications, reservations, or other exactions included in any permit approval begins upon final action by the City, and that any challenge must be filed within this 90-day period.
5. If you believe that this decision or any condition attached to it denies you any reasonable economic use of the subject property, was not sufficiently related to a legitimate public purpose, was not sufficiently proportional to any impact of the project, or for any other reason constitutes a “taking” of property for public use without just compensation under the California or United States Constitutions, your appeal of this decision must include the following information:
A. That this belief is a basis of your appeal.
B. Why you believe that the decision or condition constitutes a "taking" of property as set forth above.
C. All evidence and argument in support of your belief that the decision or condition constitutes a “taking” as set forth above.
If you do not do so, you will waive any legal right to claim that your property has been taken, both before the City Council and in court.
LANDMARKS PRESERVATION COMMISSION
NOTICE OF DECISION
#LMIN2024-0007
21 Mosswood Road
March 31, 2025
PUBLIC COMMENT:
Communications to Berkeley boards, commissions or committees are public record and will become part of the City’s electronic records, which are accessible through the City’s website.
Please note: e-mail addresses, names, addresses, and other contact information are not required, but if included in any communication to a City board, commission or committee, will become part of the public record. If you do not want your e-mail address or any other contact information to be made public, you may deliver communications via U.S. Postal Service or in person to the secretary of the relevant board, commission or committee. If you do not want your contact information included in the public record, please do not include that information in your communication. Please contact the secretary to the relevant board, commission or committee for further information.
FURTHER INFORMATION:
Questions about the project should be directed to the Commission Secretary at (510) 981-7410 or [email protected]. All project application materials may be viewed at the Permit Service Center (Zoning counter), 1947 Center Street, 3rd Fl., during regular business hours.
ATTACHMENTS:
1. Findings for Approval
2. Application Materials
ATTEST:
Fatema Crane, Secretary
Landmarks Preservation Commission
cc: City Clerk
Laura Veit and Isaac Warshauer, 21 Mosswood Road, Berkeley, CA
A t t a c h m e n t 1, Part 2
Findings for Designation
MARCH 06, 2025
21 Mosswood Road – The Mouser-Parsons Residence
Landmark application #LMIN2024-0007 for the consideration of City Landmark or Structure of Merit designation status for a residential property constructed in 1888 (055-1862-005-00)
PROJECT DESCRIPTION
City Landmark designation of the property at 21 Mosswood Road
CEQA FINDINGS
1. The project is found to be exempt from the provisions of the California Environmental Quality Act (CEQA, Public Resources Code §21000, et seq.) pursuant to Section 15061.b.3 of the CEQA Guidelines (activities that can be seen with certainty to have no significant effect on the environment).
LANDMARK PRESERVATION ORIDNANCE FINDINGS
1. Pursuant to Berkeley Municipal Code (BMC) Section 3.24.110.A.2 of the Landmarks Preservation Ordinance (LPO), the Landmarks Preservation Commission of the City of Berkeley (Commission) finds that the property at 21 Mosswood Road meets the architectural value criterion for City Landmark as a good example of the First Bay Tradition style of architecture. The residence was originally constructed in 1888 as a clapboard farmhouse, on what is now Panoramic Hill, and in 1910 relocated to a nearby site, before it was remodeled in the First Bay Tradition style by architect John Hudson Thomas. The period of significance begins with the remodeling of the residence in 1910 and ends circa the 1920s, when the period of popularity of the First Bay Tradition style concluded. Features that convey its historic significance include, but are not limited to, the residence’s integration into its steep hillside setting, asymmetrical wing-and-gable form, unpainted wood-shingle exterior cladding, original casement windows, and hexagonal bay and oriel windows. The existing detached garage, including but not limited to its unpainted wood shingle exterior and perforated tile gable vents, also contributes to the property’s significance.
2. Pursuant to BMC Section 3.24.110.A.5, the Commission finds that the subject property is eligible for local register listing because it satisfies the provision that properties which are listed in the National Register of Historic Places are eligible for local listing.
The property at 21 Mosswood Road is a contributing resource to the National Register-listed Panoramic Hill historic district.
FINDINGS for DESIGNATION 21 Mosswood Road
FEATURES TO BE PRESERVED
This designation shall apply to the subject property and the following distinguishing features of the shall be preserved, and missing features shall be restored to the extent possible:
Property
• Setting on a wooded hillside among shingled structures of a similar scale • Concrete retaining wall and concrete steps along Mosswood Road • Brick patio at south entrance
• Giant sequoia (Sequoiadendron giganteum) at southeast corner of property – only as feasible
Main Residence
• General Architectural Features
o Steeply gabled roofline with minimal roof overhang
o 2- 3 story massing completely clad in unpainted wood shingles o Distinctive “doubled” arrangement of shingles, resulting in a larger shingle exposure
o Asymmetrical/informal arrangement of windows based on interior needs. o Wood casement windows (generally with undivided lites) painted at exterior with no jamb and head trim.
o Painted trim at roof rake at gable ends
• South Elevation
o Hipped front porch, including: a. Metal roof with integrated gutter., b.
Attenuated ogee cornice, c. Widely spaced dentils, d. Heavy arched brackets.
o Painted wood front door with full height glazing. Glazing consists of nine lites of unequal size separated with wood muntins
o Fixed window at front porch flanked by casements. Casement glazing consists of six lites separated with wood muntins (Figure 25). o Bay window on second floor, including a. Metal roof, b. Redwood gutter, c. Four-lite painted wood casements with wood muntins,
o Mulled French casements with bow pediment header at first floor study. o Mulled French casements with undivided lites at the second story 12 o 1/1 sash windows at first floor kitchen
o Redwood gutter.
• West Elevation
o Mulled French casements with undivided lights
o Corner bay window at the first floor living room, including: a. metal roof with integrated gutter, b. Large fixed window flanked by 21-lite leaded glass casements
• North Elevation
o Interlocking arrangement of projecting architectural elements o Cantilevered roof deck/former sleeping porch, including: a. Shingled parapet, b. Wood soffit, c. Glazed French doors, each with glazing of 9 unequal lites
o Corner bay window at the living room tucked under the roof deck
21 Mosswood Road – Mouser-Parsons House FINDINGS for DESIGNATION March 6, 2025 Page 3 of 3
cantilever, including: a. Large fixed window flanked by 21-lite leaded glass casements, b. Angled casement with undivided lite o L arge fixed window at living room
o Bay window at first floor dining room: including: a. Metal roof with integrated gutter, b. Large fixed window at the central face, c. Flanking casement with undivided light, d. Flanking half-glazed door (to adjacent balcony
o Balcony spanning between dining room and living room bay windows, including the shingled parapet,
o Wood casement windows at second floor
o Redwood gutter
• East Elevation
o Large fixed window at first floor dining room
o Wood casement windows at second floor
o 1/1 sash windows at first floor kitchen
o Fully glazed door with 9 unequal lites at laundry addition (Figure 12). o Redwood gutter
Detached Garage
• Rectangular plan
• Unpainted wood shingles throughout exterior walls
• Green glazed perforated Chinese tiles at gable vents
• Wood supporting piers
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2 3
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1: OVERALL
COMPOSITION
B: Elevations Noting Locations of Features
Supplemental Information 21 Mosswood Road Landmark Application B-3
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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
INFORMATION CALENDAR
April 15, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Jordan Klein, Director, Planning and Development Department Subject: Notice of Decision: 2138 Cedar Street/#LMSAP2024-0008
INTRODUCTION
The attached Landmarks Preservation Commission Notice of Decision (NOD) is presented to the Mayor and City Council pursuant to Berkeley Municipal Code/Landmarks Preservation Ordinance Section 3.24.240.A, which requires that “a copy of the Notice of Decision shall be filed with the City Clerk and the City Clerk shall present said copy to the City Council at its next regular meeting.”
CURRENT SITUATION AND ITS EFFECTS
The Landmark Preservation Commission (LPC/Commission) has approved a Structural Alteration Permit (SAP) for the subject City Landmark property. This action is subject to a 15-day appeal period, which began on April 1, 2025.
BACKGROUND
Berkeley Municipal Code Section 3.24.300 allows City Council to review any action of the Landmarks Preservation Commission in granting or denying a Structural Alteration Permit. For Council to review the decision on its merits, Council must appeal the Notice of Decision. To do so, a Council member must move this Information Item to Action and then move to set the matter for hearing on its own. Such action must be taken within 15 days of the mailing of the Notice of Decision, or by April 15, 2025. Such certification to Council shall stay all proceedings in the same manner as the filing of an appeal.
If the Council chooses to appeal the action of the Commission, then a public hearing will be set. The Council must then rule on the designation within 30 days of closing the hearing, otherwise the decision of the Commission is automatically deemed affirmed.
Unless the Council wishes to review the determination of the Commission and make its own decision, the attached NOD is deemed received and filed.
25
Notice of Decision: 2138 Cedar Street/#LMSAP2024-0008 INFORMATION CALENDAR April 15, 2025
ENVIRONMENTAL SUSTAINABILITY & CLIMATE IMPACTS
Landmark designation and discretionary alteration reviews by staff and LPC provide opportunities for the adaptive re-use and rehabilitation of historic resources within the City. The rehabilitation of these resources, rather than their removal, achieves construction and demolition waste diversion, and promotes investment in existing urban centers.
POSSIBLE FUTURE ACTION
The Council may choose to appeal the decision, in which case it would conduct a public hearing at a future date.
FISCAL IMPACTS OF POSSIBLE FUTURE ACTION
There are no known fiscal impacts associated with this action.
CONTACT PERSON
Anne Hersch, Land Use Planning Manager, Planning and Development, 510-981-7413 Attachments:
1: Notice of Decision – #LMSAP2024-0008/2138 Cedar Street
Attachment 1, part 1
L A N D M A R K S
P R E S E R V A T I O N
C O M M I S S I O N
N o t i c e o f D e c i s i o n
DATE OF BOARD DECISION: March 6, 2025
DATE NOTICE MAILED: March 31, 2025
APPEAL PERIOD EXPIRATION: April 15, 2025
EFFECTIVE DATE (Barring Appeal or Certification): April 16, 20251 2138 Cedar Street – North Grace Church
Structural Alteration Permit (#LMSAP2024-0008) to complete landscape improvements at City Landmark property.
The Landmarks Preservation Commission of the City of Berkeley, after conducting a public hearing, APPROVED the Structural Alteration Permit request. Property Owner: Christ Church East Bay
2138 Cedar Street
Berkeley, CA 94709
Project Applicant: Eron Ferreira
Kylor Construction, Inc.
2115 San Miguel Drive
Walnut Creek, CA 94596
ZONING DISTRICT: Restricted Multi-family Residential (R-2A) 1 Pursuant to BMC Chapter 3.24, the City Council may “certify” any decision of the LPC for review, which has the same effect as an appeal. In most cases, the Council must certify the LPC decision during the 14-day appeal period. However, pursuant to BMC Section 1.04.070, if any portion of the appeal period falls within a Council recess, the deadline for Council certification is suspended until the first Council meeting after the recess, plus the number of days of the appeal period that occurred during the recess, minus one day. If there is no appeal or certification, the Use Permit becomes effective the day after the certification deadline has passed.
LANDMARKS PRESERVATION COMMISSION
NOTICE OF DECISION
#LMSAP2024-0008
2138 Cedar Street
Mailed: March 31, 2025
ENVIRONMENTAL REVIEW STATUS: The project is categorically exempt from further environmental review in accordance with CEQA Guidelines Section 15331 for Historical Resource Restoration/Rehabilitation.
The application materials for this project is available online at:
https://berkeleyca.gov/construction-development/land-use-development/zoning-projects or https://permits.cityofberkeley.info/CitizenAccess/Default.aspx
FINDINGS AND CONDITIONS OF APPROVAL AND APPROVED PLANS ARE ATTACHED
TO THIS NOTICE
COMMISSION VOTE: 8-0-0-0 (Note: one vacancy)
YES: CRANDALL, ENCHILL, FINACOM, LEUSCHNER, MONTGOMERY, ORBSUCH,
PLESE, SCHWARTZ
NO: NONE
ABSTAIN: NONE
ABSENT: NONE
TO APPEAL THIS DECISION (see Section 3.24.300 of the Berkeley Municipal Code):
To appeal a decision of the Landmarks Preservation Commission to the City Council you must:
1. Submit a letter clearly and concisely setting forth the grounds for the appeal to the City Clerk, located at 2180 Milvia Street, 1st Floor, Berkeley. The City Clerk’s telephone number is (510) 981-6900.
a. Pursuant to BMC Section 3.24.300.A, an appeal may be taken to the City Council by the application of the owners of the property or their authorized agents, or by the application of at least fifty residents of the City aggrieved or affected by any determination of the commission made under the provisions of Chapter 3.24.
2. Submit the required fee (checks and money orders must be payable to ‘City of Berkeley’):
a. The basic fee for persons other than the applicant is $1,500. This fee may be reduced to $500 if the appeal is signed by persons who lease or own at least 50 percent of the parcels or dwelling units within 300 feet of the project site, or at least 25 such persons (not including dependent children), whichever is less. Signatures collected per the filing requirement in BMC Section 3.24.300.A may be counted
LANDMARKS PRESERVATION COMMISSION
NOTICE OF DECISION
#LMSAP2024-0008
2138 Cedar Street
Mailed: March 31, 2025
towards qualifying for the reduced fee, so long as the signers are qualified. The individual filing the appeal must clearly denote which signatures are to be counted towards qualifying for the reduced fee.
b. The fee for appeals of affordable housing projects (defined as projects which provide 50 percent or more affordable units for households earning 80% or less of Area Median Income) is $500, which may not be reduced.
c. The fee for all appeals by Applicants is $6,000.
3. The appeal must be received prior to 5:00 p.m. on the "APPEAL PERIOD EXPIRATION" date shown above (if the close of the appeal period falls on a weekend or holiday, then the appeal period expires the following business day).
If no appeal is received, the Structural Alteration Permit will be final on the first business day following expiration of the appeal period.
NOTICE CONCERNING YOUR LEGAL RIGHTS:
If you object to this decision, the following requirements and restrictions apply:
1. If you challenge this decision in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Landmarks Preservation Commission at, or prior to, the public hearing.
2. You must appeal to the City Council within fifteen (15) days after the Notice of Decision of the action of the Landmarks Preservation Commission is mailed. It is your obligation to notify the Land Use Planning Division in writing of your desire to receive a Notice of Decision when it is completed.
3. Pursuant to Code of Civil Procedure Section 1094.6(b) and Government Code Section 65009(c)(1), no lawsuit challenging a City Council decision, as defined by Code of Civil Procedure Section 1094.6(e), regarding a use permit, variance or other permit may be filed more than ninety (90) days after the date the decision becomes final, as defined in Code of Civil Procedure Section 1094.6(b). Any lawsuit not filed within that ninety (90) day period will be barred.
4. Pursuant to Government Code Section 66020(d)(1), notice is hereby given to the applicant that the 90-day protest period for any fees, dedications, reservations, or other exactions included in any permit approval begins upon final action by the City, and that any challenge must be filed within this 90-day period.
5. If you believe that this decision or any condition attached to it denies you any reasonable economic use of the subject property, was not sufficiently related to a legitimate public purpose, was not sufficiently proportional to any impact of the project, or for any other reason constitutes a “taking” of property for public use without just compensation under the California or United States Constitutions, your appeal of this decision must include the following information:
A. That this belief is a basis of your appeal.
LANDMARKS PRESERVATION COMMISSION
NOTICE OF DECISION
#LMSAP2024-0008
2138 Cedar Street
Mailed: March 31, 2025
B. Why you believe that the decision or condition constitutes a "taking" of property as set forth above.
C. All evidence and argument in support of your belief that the decision or condition constitutes a “taking” as set forth above.
If you do not do so, you will waive any legal right to claim that your property has been taken, both before the City Council and in court.
PUBLIC COMMENT:
Communications to Berkeley boards, commissions or committees are public record and will become part of the City’s electronic records, which are accessible through the City’s website.
Please note: e-mail addresses, names, addresses, and other contact information are not required, but if included in any communication to a City board, commission or committee, will become part of the public record. If you do not want your e-mail address or any other contact information to be made public, you may deliver communications via U.S. Postal Service or in person to the secretary of the relevant board, commission or committee. If you do not want your contact information included in the public record, please do not include that information in your communication. Please contact the secretary to the relevant board, commission or committee for further information.
FURTHER INFORMATION:
Questions about the project should be directed to the Commission Secretary at (510) 981-7410 or [email protected]. All project application materials may be viewed at the Permit Service Center (Zoning counter), 1947 Center Street, 3rd Fl., during regular business hours.
ATTACHMENTS:
1. Findings and Conditions
2. Project Plans and Materials Information
ATTEST:
Fatema Crane, Secretary
Landmarks Preservation Commission
cc: City Clerk
Eron Ferreira, Kylor Construction, Inc., 2115 San Miguel Drive, Walnut Creek, CA 94596 Christ Church East Bay, 2138 Cedar Street, Berkeley, CA 94709
A t t a c h m e n t 1 , P a r t 2
Findings and Conditions
MARCH 6, 2025
2138 Cedar Street –
Grace North Church
Structural Alteration Permit #LMSAP2025-0002
PROJECT DESCRIPTION
Structural Alteration Permit to complete landscape improvements at City Landmark property.
CEQA FINDINGS REQUIRED UNDER CEQA
1. The discretionary design review for this project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA, Public Resources Code §21000, et seq. and California Code of Regulations, §15000, et seq.) pursuant to Section 15331 of the CEQA Guidelines (“Historic Resource Restoration/Rehabilitation”). Furthermore, none of the exceptions in CEQA Guidelines Section 15300.2 apply, as follows: (a) the site is not located in an environmentally sensitive area, (b) there are no cumulative impacts, (c) there are no significant effects, (d) the project is not located near a scenic highway, and (e) the project site is not located on a hazardous waste site pursuant to Government Code Section 65962.5.
FINDINGS RELATED TO THE SECRETARY OF THE INTERIOR’S STANDARDS Regarding the Secretary of the Interior’s Standards (SOI) for Rehabilitation, the Landmarks Preservation Commission of the City of Berkeley makes the following findings:
1. The proposed project does not require a change of use.
2. The project will retain the historic character of the property and will avoid removal of distinctive materials and the alteration of features that characterize t he property.
3. The new har
dscape and landscape features will not resemble or replicate designs from the property’s historic Craftsman period. These new features are contemporary and will not result in a false sense of historical development.
4. Changes to the property that may have acquired significance in their own right are not affected by this project. T
he area of proposed work in the northside yard setback has not been found to exhibit historical significance.
5. Distinctive materials, features, finishes, and
construction techniques, or examples of
craftsmanship that characterize this property, such as Craftsman building design of the church, will be substantially retained and preserved with this limited-scope project.
FINDINGS AND CONDITIONS 2138 Cedar Street – Structural Alteration Permit #LMSAP2025-0002
6. As conditioned herein, if deteriorated historic features will be affected by this request, then they would be repaired or replaced to match the materials, design, and finishes of the original items.
7. The applicant does not propose chemical or physical treatments. However, standard conditions of Structural Alteration Permit approval would require any chemical or physical treatments to be undertaken using the gentlest means possible.
8. The project does not have the potential to affect any archaeological resources because the applicant proposes a limited scope of excavation.
9. The proposed new work is designed with complimentary, high-quality materials in simplified, contemporary style employing colors and finishes that harmonize with the historic design elements of the building. Owing to these aspects, new work will be sufficiently differentiated from the historic design.
10. If the proposed improvements were removed in the future, they would not permanently impair the integrity or essential form of the subject building.
FINDINGS REQUIRED UNDER LANDMARKS PRESERVATION ORDINANCE
1. As required by Section 3.24.260 of the Landmarks Preservation Ordinance, the Commission finds that the proposed work is appropriate for and consistent with the purposes of the Ordinance, and will preserve the characteristics and features specified in the designation for this property. Specifically:
A. T
he proposed project will not adversely affect the architectural design of the City Landmark Grace North Church property. The proposal consists of landscape and ADA improvements that would not alter the main church building that was designed by renown B
erkeley architect James L. Plachek. The area of work has been found to poses design significance.
B. The special character of the subject property may lie in its Craftsman building design.
This project would not adversely affect these qualities because it is limited to exterior site improvements which are confided to a limited area of the property.
2138 Cedar Street – Structural Alteration Permit #LMSAP2025-0002 FINDINGS & CONDITIONS March 6, 2025 Page 3 of 7
STANDARD CONDITIONS
The following conditions, as well as all other applicable provisions of the Landmarks Preservation Ordinance, apply to this Permit:
1. Conditions Shall be Printed on Plans
The conditions of this Permit shall be printed on the second sheet of each plan set submitted for a building permit pursuant to this Permit, under the title ‘Structural Alteration Permit Conditions’. Additional sheets may also be used if the second sheet is not of sufficient size to list all of the conditions. The sheet(s) containing the conditions shall be of the same size as those sheets containing the construction drawings; 8-1/2” by 11” sheets are not acceptable.
2. Plans and Representations Become Conditions
Except as specified herein, the site plan, floor plans, building elevations and/or any additional information or representations, whether oral or written, indicating the proposed structure or manner of operation submitted with an application or during the approval process are deemed conditions of approval.
3. S ubject to All Applicable Laws and Regulations
The approved use and/or construction is subject to, and shall comply with, all applicable City Ordinances and laws and regulations of other governmental agencies.
Prior to construction, the applicant shall identify and secure all applicable permits from the Zoning Adjustments Board or Zoning Officer, Building and Safety Division, Public Works Department and other affected City divisions and departments.
4. Exercise and Lapse of Permits
A. A permit for the construction of a building or structure is deemed exercised when a valid City building permit, if required, is issued, and construction has lawfully commenced.
B. A permit may be declared lapsed and of no further force and effect if it is not exercised within one year of its issuance, except that permits for construction or alteration of structures or buildings may not be declared lapsed if the permittee has:
(1) applied for a building permit; or, (2) made substantial good faith efforts to obtain a building permit and begin construction, even if a building permit has not been issued and/or construction has not begun.
5. Indemnification Agreement
The permittee agrees as a condition of approval of this application to indemnify, protect, defend with counsel selected by the City, and hold harmless, the City, and any agency or instrumentality thereof, and its elected and appointed officials, officers, employees and agents, from and against any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses of whatever nature, including reasonable attorney’s fees and disbursements
FINDINGS AND CONDITIONS 2138 Cedar Street – Structural Alteration Permit #LMSAP2025-0002
(collectively, “Claims”) arising out of or in any way relating to the approval of this application, any actions taken by the City related to this entitlement, or any environmental review conducted under the California Environmental Quality Act, Public Resources Code Section 210000 et seq., for this entitlement and related actions. The indemnification shall include any Claims that may be asserted by any person or entity, including the permittee, arising out of or in connection with the approval of this application, whether or not there is concurrent, passive or active negligence on the part of the City, and any agency or instrumentality thereof, and its elected and appointed officials, officers, employees and agents. The permittee’s duty to defend the City shall not apply in those instances when the permittee has asserted the Claims, although the permittee shall still have a duty to indemnify, protect and hold harmless the City. (City Attorney).
6. Halt Work/Unanticipated Discovery of Tribal Cultural Resources In the event that cultural resources of Native American origin are identified during construction, all work within 50 feet of the discovery shall be redirected. The project applicant and project construction contractor shall notify the City Planning Department within 24 hours. The City will again contact any tribes who have requested consultation under AB 52, as well as contact a qualified archaeologist, to evaluate the resources and situation and provide recommendations. If it is determined that the resource is a tribal cultural resource and thus significant under CEQA, a mitigation plan shall be prepared and implemented in accordance with State guidelines and in consultation with Native American groups. If the resource cannot be avoided, additional measures to avoid or reduce impacts to the resource and to address tribal concerns may be required.
7. Archaeological Resources
(Ongoing throughout demolition, grading, and/or construction)
Pursuant to CEQA Guidelines Section 15064.5(f), “provisions for historical or unique archaeological resources accidentally discovered during construction” should be instituted. Therefore:
A. In the event that any prehistoric or historic subsurface cultural resources are discovered during ground disturbing activities, all work within 50 feet of the resources shall be halted and the project applicant and/or lead agency shall consult with a qualified archaeologist, historian or paleontologist to assess the significance of the find.
B. If any find is determined to be significant, representatives of the project proponent and/or lead agency and the qualified professional would meet to determine the appropriate avoidance measures or other appropriate measure, with the ultimate determination to be made by the City All significant cultural materials recovered shall be subject to scientific analysis, professional museum curation, and/or a report prepared by the qualified professional according to current professional standards.
C. In considering any suggested measure proposed by the qualified professional, the project applicant shall determine whether avoidance is necessary or feasible in light of factors such a s the uniqueness of the find, project design, costs, and other considerations.
2138 Cedar Street – Structural Alteration Permit #LMSAP2025-0002 FINDINGS & CONDITIONS March 6, 2025 Page 5 of 7
D. If avoidance is unnecessary or infeasible, other appropriate measures (e.g., data recovery) shall be instituted. Work may proceed on other parts of the project site while mitigation measures for cultural resources is carried out.
E. If significant materials are recovered, the qualified professional shall prepare a report on the findings for submittal to the Northwest Information Center.
8. Human Remains (Ongoing throughout demolition, grading, and/or construction)
In the event that human skeletal remains are uncovered at the project site during ground- disturbing activities, all work shall immediately halt and the Alameda County Coroner shall be contacted to evaluate the remains, and following the procedures and protocols pursuant to CEQA Guidelines Section 15064.5 (e)(1). If the County Coroner determines that the remains are Native American, the City shall contact the California Native American Heritage Commission (NAHC), pursuant to Health and Safety Code Section 7050.5(c), and all excavation and site preparation activities shall cease within a 50-foot radius of the find until appropriate arrangements are made. If the agencies determine that avoidance is not feasible, then an alternative plan shall be prepared with specific steps and timeframe required to resume construction activities. Monitoring, data recovery, determination of significance and avoidance measures (if applicable) shall be completed expeditiously.
9. Paleontological Resources (Ongoing throughout demolition, grading, and/or construction)
In the event of an unanticipated discovery of a paleontological resource during construction, excavations within 50 feet of the find shall be temporarily halted or diverted until the discovery is examined by a qualified paleontologist (per Society of Vertebrate Paleontology standards [SVP 1995,1996]). The qualified paleontologist shall document the discovery as needed, evaluate the potential resource, and assess the significance of the find. The paleontologist shall notify the appropriate agencies to determine procedures that would be followed before construction is allowed to resume at the location of the find.
If the City determines that avoidance is not feasible, the paleontologist shall prepare an excavation plan for mitigating the effect of the project on the qualities that make the resource important, and such plan shall be implemented. The plan shall be submitted to the City for review and approval.
ADDITIONAL CONDITIONS
The following additional conditions are attached to this Permit:
10. N o changes can be made to these approved plans without prior approval.
11. CITY PERMITS. This Structural Alteration Permit (SAP) approval is contingent upon approval of the any requisite Zoning Permit and Public Work Permit for the project scope.
12. PL
ANS COMPLIANCE. C
onstruction and building permit plans shall substantially conform to the Structural Alteration Permit (SAP) project plans received December 19, 2024
FINDINGS AND CONDITIONS 2138 Cedar Street – Structural Alteration Permit #LMSAP2025-0002
13. REPAIR AND REPLACEMENT OF CHARACTER-DEFINING FEATURES.
Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old or historic feature in design, color, texture, and, where possible, materials. Replacement of missing features shall be substantiated by documentary and physical evidence.
14. C
hemical or physical treatments, if appropriate, shall be undertaken using the gentlest means possible. Treatments that cause damage to historic materials shall not be used.
15. DETAILS. Prior to Landmarks plan checker sign-of
f of the Building Permit set of
drawings, the applicant shall submit hardscape details for review and approval by the Landmarks plan checker.
16. LIGHTING. Prior to Landmarks plan checker sign-off of the Building Permit set of drawings, the applicant shall submit lighting details showing all existing and proposed site and building lighting. Exterior lighting, including for signage, shall be downcast and not cause glare on the public right-of-way and adjacent parcels.
17. LANDSCAPE PLANS. Prior to Landmarks plan checker sign-off of the Building Permit set of drawings, the applicant shall submit a Landscape Plan including the number, location, and species of all proposed plantings, and which existing plantings shall be removed. The applicant shall provide irrigation for all landscaped areas or provide drought tolerant plant palette. This shall be called out on Landscape Building Permit drawings.
18. LANDSCAPE IRRIGATION. The applicant shall provide irrigation for all landscaped areas; automatic irrigation and drainage facilities shall be adequate to assure healthy growing conditions for plants. This shall be called out on Landscape building permit drawings.
19. CURB CUTS. All curbs and curb cuts shall be constructed per the standards and specifications of the Public Works Department. Curb cuts no longer utilized shall be restored per the Public Works Department specifications.
20. The applicant shall be responsible for identifying and securing all applicable permits from the Building and Safety Division and all other affected City divisions/departments prior to the start of work.
21. The applicant is responsible for complying with all the above conditions. Failure to comply with any condition could result in construction work being stopped, issuance of citations, as well as further review by the Landmarks staff, which may modify or impose additional conditions, or revoke approval.
22. All Building Permit drawings and subsequent construction shall substantially conform to the approved plans as outlined in Condition #1. Any modifications must be reviewed by the Landmarks plan checker to determine whether the modification requires approval.
2138 Cedar Street – Structural Alteration Permit #LMSAP2025-0002 FINDINGS & CONDITIONS March 6, 2025 Page 7 of 7
23. The applicant shall hold harmless, defend, and indemnify the City and its officers, agents, and employees against any and all liability, damages, claims, demands, judgments or other losses (including without limitation, attorney’s fees, expert witness and consultant fees and other litigation expenses), referendum or initiative relating to, resulting from or caused by, or alleged to have resulted from, or caused by, any action or approval associated with the project. The indemnity includes without limitation, any legal or administrative challenge, referendum or initiative filed or prosecuted to overturn, set aside, stay or otherwise rescind any or all approvals granted in connection with the Project, any environmental determination made for the project and granting any permit issued in accordance with the project. This indemnity includes, without limitation, payment of all direct and indirect costs associated with any action specified herein. Direct and indirect costs shall include, without limitation, any attorney’s fees, expert witness and consultant fees, court costs, and other litigation fees. City shall have the right to select counsel to represent the City at Applicant’s expense in the defense of any action specified in this condition of approval. City shall take reasonable steps to promptly notify the Applicant of any claim, demand, or legal actions that may create a claim for indemnification under these conditions of approval.
Attachment 1, Part 3
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/
INFORMATION CALENDAR
April 15, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Jordan Klein, Director, Planning and Development Department Subject: Notice of Decision: 2231 McKinley Avenue/#LMIN2024-0005
INTRODUCTION
The attached Notice of Decision (NOD) for the Landmarks Designation is presented to the Mayor and City Council pursuant to Berkeley Municipal Code/Landmarks Preservation Ordinance Section 3.24.160, which requires that “a copy of the Notice of Decision shall be filed with the City Clerk and the City Clerk shall present said copy to the City Council at its next regular meeting.”
CURRENT SITUATION AND ITS EFFECTS
The Landmark Preservation Commission (LPC/Commission) has designated the subject property as a City Landmark.
BACKGROUND
Berkeley Municipal Code Section 3.24.300 provides that the City Council is the hearing body for any appeal to review any action of the Commission in granting or denying designation status. The code also provides that the City Council may file its own appeal to review the decision on its merits. An individual Council member may file such an appeal, without prejudice, by providing a written statement clearly and concisely setting forth the grounds upon which the appeal is based. Alternatively, the Council as a whole may vote to appeal the decision; to do so, this Information Item must be moved to the Action calendar and a motion must pass to appeal the LPC decision. Either form of Council appeal or a public appeal must be presented to the City Clerk within 15 days from the mailing of the NOD, i.e., by April 15, 2025. Council review of any appeal by any party stays all proceedings in the matter until the appeal is resolved.
ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Landmark designation provides opportunities for the adaptive re-use and rehabilitation of historic resources within the City. The rehabilitation of these resources, rather than their removal, achieves construction and demolition waste diversion, and promotes investment in existing urban centers.
26
Notice of Decision: 2231 McKinley Avenue/#LMIN2024-0005 INFORMATION CALENDAR April 15, 2025
POSSIBLE FUTURE ACTION
The Council may choose to certify or appeal the decision to grant designation status, setting the matter for public hearing at a future date.
FISCAL IMPACTS OF POSSIBLE FUTURE ACTION
There are no known fiscal impacts associated with this designation action.
CONTACT PERSON
Anne Hersch, Land Use Planning Manager, Planning and Development, 510-981-7410 Attachments:
1: Notice of Decision – #LMIN2024-0005/2231 McKinley Avenue
Attachment 1, part 1
L A N D M A R K S
P R E S E R V A T I O N
C O M M I S S I O N
N o t i c e o f D e c i s i o n
DATE OF BOARD DECISION: March 6, 2025
DATE NOTICE MAILED: March 31, 2025
APPEAL PERIOD EXPIRATION: April 15, 2025
EFFECTIVE DATE (Barring Appeal or Certification): April 16, 20251 2231 McKinley Avenue – Chan-Lee Residence
Landmark application #LMIN2024-0005 for the consideration of City Landmark or Structure of Merit designation status for a residential property constructed in 1903 (APN 057-2018-023-00)
The Landmarks Preservation Commission of the City of Berkeley, after conducting a public hearing, APPROVED the granted the following designation: City Landmark Applicant/Property Owners: Christopher Heine & Wilhelmina Marxer 2231 McKinley Avenue
Berkeley, CA 94703
ZONING DISTRICT: Restricted Two-Family Residential (R-2) ENVIRONMENTAL REVIEW STATUS: Categorically exempt from further environmental review pursuant to CEQA Guidelines Section 15061.(b)(3) Review for Exemptions.
The application materials for this project is available online at:
https://berkeleyca.gov/construction-development/land-use-development/zoning-projects or https://permits.cityofberkeley.info/CitizenAccess/Default.aspx 1 Pursuant to BMC Chapter 3.24, the City Council may “certify” any decision of the LPC for review, which has the same effect as an appeal. In most cases, the Council must certify the LPC decision during the 14-day appeal period. However, pursuant to BMC Section 1.04.070, if any portion of the appeal period falls within a Council recess, the deadline for Council certification is suspended until the first Council meeting after the recess, plus the number of days of the appeal period that occurred during the recess, minus one day. If there is no appeal or certification, the Permit becomes effective the day after the certification deadline has passed.
LANDMARKS PRESERVATION COMMISSION
NOTICE OF DECISION
#LMIN2024-0005
2231 McKinley Avenue
March 31, 2025
FINDINGS AND CONDITIONS OF APPROVAL AND APPLICATION MATERIALS ARE
ATTACHED TO THIS NOTICE
COMMISSION VOTE: 8-0-0-0 (Note: one vacancy)
YES: CRANDALL, ENCHILL, FINACOM, LEUSCHNER, MONTGOMERY, ORBUCH,
PLESE, SCHWARTZ
NO: NONE
ABSTAIN: NONE
ABSENT: NONE
TO APPEAL THIS DECISION (see Section 3.24.300 of the Berkeley Municipal Code):
To appeal a decision of the Landmarks Preservation Commission to the City Council you must:
1. Submit a letter clearly and concisely setting forth the grounds for the appeal to the City Clerk, located at 2180 Milvia Street, 1st Floor, Berkeley. The City Clerk’s telephone number is (510) 981-6900.
a. Pursuant to BMC Section 3.24.300.A, an appeal may be taken to the City Council by the application of the owners of the property or their authorized agents, or by the application of at least fifty residents of the City aggrieved or affected by any determination of the commission made under the provisions of Chapter 3.24.
2. Submit the required fee (checks and money orders must be payable to ‘City of Berkeley’):
a. The basic fee for persons other than the applicant is $1,500. This fee may be reduced to $500 if the appeal is signed by persons who lease or own at least 50 percent of the parcels or dwelling units within 300 feet of the project site, or at least 25 such persons (not including dependent children), whichever is less. Signatures collected per the filing requirement in BMC Section 3.24.300.A may be counted towards qualifying for the reduced fee, so long as the signers are qualified. The individual filing the appeal must clearly denote which signatures are to be counted towards qualifying for the reduced fee.
b. The fee for appeals of affordable housing projects (defined as projects which provide 50 percent or more affordable units for households earning 80% or less of Area Median Income) is $500, which may not be reduced.
c. The fee for all appeals by Applicants is $6,000.
3. The appeal must be received prior to 5:00 p.m. on the "APPEAL PERIOD EXPIRATION" date shown above (if the close of the appeal period falls on a weekend or holiday, then the appeal period expires the following business day).
LANDMARKS PRESERVATION COMMISSION
NOTICE OF DECISION
#LMIN2024-0005
2231 McKinley Avenue
March 31, 2025
If no appeal is received, the landmark permit will be final on the first business day following expiration of the appeal period.
NOTICE CONCERNING YOUR LEGAL RIGHTS:
If you object to this decision, the following requirements and restrictions apply:
1. If you challenge this decision in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Landmarks Preservation Commission at, or prior to, the public hearing.
2. You must appeal to the City Council within fifteen (15) days after the Notice of Decision of the action of the Landmarks Preservation Commission is mailed. It is your obligation to notify the Land Use Planning Division in writing of your desire to receive a Notice of Decision when it is completed.
3. Pursuant to Code of Civil Procedure Section 1094.6(b) and Government Code Section 65009(c)(1), no lawsuit challenging a City Council decision, as defined by Code of Civil Procedure Section 1094.6(e), regarding a use permit, variance or other permit may be filed more than ninety (90) days after the date the decision becomes final, as defined in Code of Civil Procedure Section 1094.6(b). Any lawsuit not filed within that ninety (90) day period will be barred.
4. Pursuant to Government Code Section 66020(d)(1), notice is hereby given to the applicant that the 90-day protest period for any fees, dedications, reservations, or other exactions included in any permit approval begins upon final action by the City, and that any challenge must be filed within this 90-day period.
5. If you believe that this decision or any condition attached to it denies you any reasonable economic use of the subject property, was not sufficiently related to a legitimate public purpose, was not sufficiently proportional to any impact of the project, or for any other reason constitutes a “taking” of property for public use without just compensation under the California or United States Constitutions, your appeal of this decision must include the following information:
A. That this belief is a basis of your appeal.
B. Why you believe that the decision or condition constitutes a "taking" of property as set forth above.
C. All evidence and argument in support of your belief that the decision or condition constitutes a “taking” as set forth above.
If you do not do so, you will waive any legal right to claim that your property has been taken, both before the City Council and in court.
LANDMARKS PRESERVATION COMMISSION
NOTICE OF DECISION
#LMIN2024-0005
2231 McKinley Avenue
March 31, 2025
PUBLIC COMMENT:
Communications to Berkeley boards, commissions or committees are public record and will become part of the City’s electronic records, which are accessible through the City’s website.
Please note: e-mail addresses, names, addresses, and other contact information are not required, but if included in any communication to a City board, commission or committee, will become part of the public record. If you do not want your e-mail address or any other contact information to be made public, you may deliver communications via U.S. Postal Service or in person to the secretary of the relevant board, commission or committee. If you do not want your contact information included in the public record, please do not include that information in your communication. Please contact the secretary to the relevant board, commission or committee for further information.
FURTHER INFORMATION:
Questions about the project should be directed to the Commission Secretary at (510) 981-7410 or [email protected]. All project application materials may be viewed at the Permit Service Center (Zoning counter), 1947 Center Street, 3rd Fl., during regular business hours.
ATTACHMENTS:
1. Findings for Approval
2. Application Materials
ATTEST:
Fatema Crane, Secretary
Landmarks Preservation Commission
cc: City Clerk
Christopher Heine & Wilhelmina Marxer, 2231 McKinley Avenue, Berkeley CA 94703
A t t a c h m e n t 1 , P a r t 2
Findings for Designation
MARCH 06, 2025
2231 McKinley Avenue – The Chan-Lee Residence
Landmark application #LMIN2024-005 for the consideration of City Landmark or Structure of Merit designation status for a residential property constructed in 1903-04 (APN: 057-2018-023-00)
PROJECT DESCRIPTION
City Landmark designation of the property at 2231 McKinley Avenue
CEQA FINDINGS
1. The project is found to be exempt from the provisions of the California Environmental Quality Act (CEQA, Public Resources Code §21000, et seq.) pursuant to Section 15061.b.3 of the CEQA Guidelines (activities that can be seen with certainty to have no significant effect on the environment).
LANDMARK PRESERVATION ORIDNANCE FINDINGS
1. Pursuant to Berkeley Municipal Code (BMC) Section 3.24.110.A.1.(b) of the Landmarks Preservation Ordinance (LPO), the Landmarks Preservation Commission of the City of Berkeley (Commission) finds that the property at 2231 McKinley Avenue meet the historic value criterion for City Landmark designation associated with the challenges Asian Americans, particularly of Chinese ancestry faced during the period before the end of the Chinese Exclusion Act in 1943 and the later passage of the Fair Housing Act in 1968. Purchased by the Chan-Lee family in 1923 in a predominately white neighborhood, their occupation, including alterations made to the house to personalize it and to accommodate their multi-generational household embodies the history of housing challenges for Chinese and Chinese Americans in Berkeley. The period of significance begins with the Chan-Lee family purchase of the residence in 1923 and ends in 1968, when the family moved away from the property. Its historic materials like its rear cottage, exterior wood shingle exterior, and turreted bay window convey its historic significance, which is further expressed in changes made to the property to accommodate the Chan-Lee family including the main residence’s two- story addition and the distinctive keyhole entry.
FINDINGS for DESIGNATION 2231 McKinley Avenue
FEATURES TO BE PRESERVED
This designation shall apply to the subject property and the following distinguishing features of the shall be preserved, and missing features shall be restored to the extent possible:
Property
• Location at the east side of McKinley Avenue.
• Setting in a neighborhood adjacent to Berkeley’s Civic Center, comprised largely of single-family residences.
• Spatial relationship between main residence and rear cottage.
Main Residence
• Primary elevation (west) elevation on McKinley Avenue. • Front gable roof with prow and angled window.
• Deep bracketed eaves.
• Exterior wood-shingle finish.
• Splayed turreted bay window.
• Half width porch with distinctive keyhole entry.
• Original wood windows.
• Decorative leaded glass windows.
• Hipped-roof dormers at south elevation.
• Bay window with dentil detail at south elevation.
• Shed roof dormer at north elevation.
• Two-story rear addition.
• Steel casement windows at two-story addition.
Cottage
• Location at northwest corner of property, separated from the main residence. • One-story massing.
• Dormer window above main entry.
• Original wood windows.
• Wood shingle exterior with decorative cut details at base that continue for the first third of the exterior.
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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/
INFORMATION CALENDAR
April 15, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Jordan Klein, Director, Planning and Development Department Subject: Notice of Decision: 2425 Durant Avenue/#LMIN2024-0008
INTRODUCTION
The attached Notice of Decision (NOD) for the Landmarks Designation is presented to the Mayor and City Council pursuant to Berkeley Municipal Code/Landmarks Preservation Ordinance Section 3.24.160, which requires that “a copy of the Notice of Decision shall be filed with the City Clerk and the City Clerk shall present said copy to the City Council at its next regular meeting.”
CURRENT SITUATION AND ITS EFFECTS
The Landmark Preservation Commission (LPC/Commission) has designated the subject property as a City Landmark. Pursuant to Government Code section 65913.10, because there is a vested preliminary application for a housing development project on the subject property, the Landmark designation will apply only to the property, not to the housing project.
BACKGROUND
Berkeley Municipal Code Section 3.24.300 provides that the City Council is the hearing body for any appeal to review any action of the Commission in granting or denying designation status. The code also provides that the City Council may file its own appeal to review the decision on its merits. An individual Council member may file such an appeal, without prejudice, by providing a written statement clearly and concisely setting forth the grounds upon which the appeal is based. Alternatively, the Council as a whole may vote to appeal the decision; to do so, this Information Item must be moved to the Action calendar and a motion must pass to appeal the LPC decision. Either form of Council appeal or a public appeal must be presented to the City Clerk within 15 days from the mailing of the NOD, i.e. by April 15, 2025. Council review of any appeal by any party stays all proceedings in the matter until the appeal is resolved.
ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Landmark designation provides opportunities for the adaptive re-use and rehabilitation of historic resources within the City. The rehabilitation of these resources, rather than
27
Notice of Decision: 2425 Durant Avenue/#LMIN2024-0008 INFORMATION CALENDAR April 15, 2025
their removal, achieves construction and demolition waste diversion, and promotes investment in existing urban centers.
POSSIBLE FUTURE ACTION
The Council may choose to certify or appeal the decision to grant designation status, setting the matter for public hearing at a future date.
FISCAL IMPACTS OF POSSIBLE FUTURE ACTION
There are no known fiscal impacts associated with this designation action.
CONTACT PERSON
Anne Hersch, Land Use Planning Manager, Planning and Development, 510-981-7410 Attachments:
1: Notice of Decision – #LMIN2024-0008/2425 Durant Avenue
Attachment 1, Part 1
L A N D M A R K S
P R E S E R V A T I O N
C O M M I S S I O N
N o t i c e o f D e c i s i o n
DATE OF BOARD DECISION: March 6, 2025
DATE NOTICE MAILED: March 31, 2025
APPEAL PERIOD EXPIRATION: April 15, 2024
EFFECTIVE DATE (Barring Appeal or Certification): April 16, 20251 2425 Durant Avenue – Laura Tull Property
Landmark application #LMIN2024-0008 for the consideration of City Landmark or Structure of Merit designation status for a residential property constructed in 1886 and 1905-1906 (APN 055-1878-007-01) The Landmarks Preservation Commission of the City of Berkeley, after conducting a public hearing, APPROVED the granted the following designation:
City Landmark designation
o Applicant: Anthony Bruce, Berkeley Architectural Heritage Association P.O. Box 1137
Berkeley, CA 94701
o Property Owner: 2425 Durant Avenue LLC
P.O. Box 9541
Berkeley, CA 94709
ZONING DISTRICT: Residential Mixed Use (R-SMU)
1 Pursuant to BMC Chapter 3.24, the City Council may “certify” any decision of the LPC for review, which has the same effect as an appeal. In most cases, the Council must certify the LPC decision during the 14-day appeal period. However, pursuant to BMC Section 1.04.070, if any portion of the appeal period falls within a Council recess, the deadline for Council certification is suspended until the first Council meeting after the recess, plus the number of days of the appeal period that occurred during the recess, minus one day. If there is no appeal or certification, the Permit becomes effective the day after the certification deadline has passed.