Harry Brill once said he wasn’t much interested in local politics, it was just about real estate. He was correct. Much of local politics is about real estate. And real estate is about so much more: where we live, yearn to live, can’t afford to live, racism, classism, profit, greed and poverty.

Developers and the real estate industry are significant contributors to election campaigns, either directly or indirectly through PACs (Political Action Committees) often called dark money. For small direct and PAC investments in local elections, the public can be influenced into electing industry friendly city councils, mayors and other officials and voting for or against ballot measures. Industry friendly mayors and council members can be swayed into industry friendly legislation, discounts and exemptions. And this background makes local, state and national politics so very interesting.

There is a lot to cover and a great number of council actions were not good news, so buckle up. 

The week started with a rather tame Agenda Committee on January 17, 2023. Both Mayor Arreguin and Councilmember Hahn were absent, leaving Councilmember Wengraf and alternate committee member Vice Mayor Bartlett holding down the fort. Little happened with the agenda for the January 31 council meeting. However, the public arrived on ZOOM to comment in opposition to former Councilmember Lori Droste’s proposals to limit public participation at City Council meetings. The Droste proposals, held over after she left the council, were in the “unscheduled list”, not officially up for discussion and action. With Arreguin and Hahn absent, it is unknown when the two items will be discussed: one on limiting public comment and the other on limiting legislation, so concerned citizens are on the hook to keep showing up. Both proposals are explained in the January 8 Activist’s Diary. https://www.berkeleydailyplanet.com/issue/2023-01-08/article/50141?headline=A-BERKELEY-ACTIVIST-S-DIARY-week-ending-January-8--Kelly-Hammargren ) 

The Tuesday evening regular City Council meeting and the Special City Council meeting on Wednesday are connected with big implications. 

This gets complicated fast, so I have broken out the basics for housing concepts, legislation and buzz words: RHNA, in-lieu mitigation fees, Nexus studies, AMI, inclusionary housing, AB 1505 - the Palmer Fix, SB 330, and the 2022 chart on affordable income levels. I will explain each separately in order to keep the account of what happened at City Council on January 17 and January 18 to a readable length, available for readers of this Diary and for anyone who needs it for the future. 

Tuesday evening Item-21 was Affordable Housing Requirements, amending Berkeley Municipal Code Section C 23.328. The purpose of this section of the BMC is described as to “promote Housing Element goals to develop affordable housing for households with incomes below the median…” https://berkeley.municipal.codes/BMC/23.328.010 

Item-21 changes how the in-lieu mitigation fee is calculated. Councilmember Robinson takes credit for suggesting changing the in-lieu mitigation fee from per unit to square footage as one of his first actions after being elected in 2018. It was a welcome suggestion, envisioning ending developers’ gaming the system by designing mixed-use buildings with four, five, even six bedroom units to maximize rent and minimize the in-lieu fee. With an in-lieu fee by square feet, there would be no need to exempt projects with fewer than five units and McMansions could also be charged a fee. 

The process to change the fee was long and protracted as it was handed off to the Street Level Advisors consulting group and wound its way through the City of Berkeley Planning Department, with stops at the Planning Commission on October 21, 2020, and May 5, 2021. Finally, on March 2, 2022, the Planning Commissioners approved the recommended fee schedule and sent it to the Berkeley City Council, where it arrived another 10 ½ months later for a City Council vote on Tuesday, January 17, with several options, including discounting the fee back to the 2020 level instead of 2022. 

So how did the City Council give Mayor Arreguin an eight to one vote, when 43% of the 8934 units assigned to Berkeley to build through the Regional Housing Needs Allocation (RHNA) are for very low income households (2446 units) and low income households (1408 units)? 

After closing the public comment (only six members of the public spoke), Mayor Arreguin called on Councilmember Hahn, even though Councilmember Harrison had her ZOOM hand up first. 

Hahn said that she supported the inclusion of all projects regardless of their size, and that there is no basis for adopting the lower 2020 fee level. The fact that developers frequently choose to pay the fee instead of providing inclusionary units indicates that the in-lieu fee may actually be too low. 

Then Arreguin called on himself, made his motion to accept a supplemental proposal from the Planning Department, choosing the discounted 2020 fee schedule and exempting projects under five units. 

Then Arreguin called on Councilmember Robinson who praised the motion. Councilmember Wengraf followed asking questions, ultimately settling behind Arreguin. Finally, Arreguin called on the patiently waiting Harrison who got into the meat of the proposed ordinance and the mayor’s motion. asking if the ordinance was supposed to change the in-lieu fee to square feet, then why was there an exemption for four unit buildings , instead of setting the exemption by size, square feet, which would reasonably be around 4000 square feet. 

Harrison asked what the reasoning was behind recommending reducing the in-lieu fee with a sliding scale fee starting at 11,999 square feet, and how those reduced fees were created. Was there any study to come up with the adjusted fees? Rick Jacobus, the Principal of Street Level Advisors (the consultant) and Steven Buckley, City of Berkeley Planning Manager, had no explanation, saying that a study had not been done for the sliding scale, but one would be done in the future, implying a new Nexus study. 

An 11,999 square foot project could be anywhere from 13 to over thirty units depending on whether the building is filled with two bedroom units with an average of 700 square feet or small studios at 350 square feet. Or that 11,999 square foot building could be a fourplex, triplex or duplex with luxury size units of over 3000 square feet each, as was suggested and rejected by members of the Planning Commission during a discussion on zoning. 

From all appearances, a deal had been made prior to the meeting. Arreguin bristled at the questioning and time after time Arreguin refused consideration of any changes to his motion. Arreguin even went so far as directing his comment at Harrison and stating, “For open government purposes, I think sticking with the proposal that’s in the packet and that’s public is probably the appropriate thing. If we’re reinventing this on the floor, I don’t know whether, you know, there are Brown Act implications, so I’m not going to accept that.” 

Arreguin’s statement that making modifications “from the floor” during a public city council meeting was a Brown Act violation is pretty shocking coming from someone who is forever making modifications “from the floor” when it suits him or more accurately suits those who have his ear. Modifications “from the floor” are common at City Council meetings as agenda action items are hashed out following public comment and council discussion. 

But maybe the “Brown Act implications” was a slip, hinting that there might have been serial meetings with councilmembers to line up behind an industry friendlier amendment. Serial meetings are a series of smaller private meetings by which a majority of the members of a legislative body like the Berkeley City Council commit to a decision or engage in collective deliberation, violating the Brown Act’s open meeting requirement. 

The mayor and his majority chose the fee based on net floor area with the theory that developers would be more generous with common space like mailrooms, laundry rooms, hallways, maybe even a common room, with a fee calculated only on the actual living/dwelling unit. It looks more like net floor area will bring smaller units which might be a good thing depending on your point of view. 

Mayor Arreguin’s Tuesday evening motion that passed with eight yes votes and one abstention from Councilmember Harrison discounted the in-lieu fee back to the 2020 using the net residential floor area with an in-lieu fee of $56.25 per square foot. The formula in the agenda packet placed the net floor area in-lieu fee of $56.25 per square foot as equivalent to $45 per square foot if gross residential square footage had been used instead. 

When I read through the old 2015 Berkeley Nexus study and calculated the gross square foot fee from the recommended $34,000 per unit fee, a fee that in 2015 gave the developers a 13.9% profit when a 10% to 12% profit was considered reasonable. That fee was $45 per square foot. 

The in-lieu mitigation fee essentially says to the developers, the investors in these multi-unit apartment and condominiums buildings, that you cannot build on Berkeley City land and profiteer without giving back to the community. Your new building carries with it an impact on the community. You can either include in your building 20% affordable housing units with 10% for low income households and 10% for very low income households, or you can pay the in-lieu mitigation fee to avoid having any lower income residents in the building or some combination of the fee and units. 

Berkeley is a microcosm of what is happening around the country and around the world. People who used to define themselves as middle class are priced out of housing, and people who fall into what they and we define as poor are on the street in tents, sleeping in cars, living in RVs, shelters or with nothing. Yes, some are mentally ill, but it is market rate (high-priced) housing and a dearth of affordable housing that keeps a stable place to live out of reach and places low income households in the precarious position where an unplanned financial emergency of even a few hundred dollars can mean the difference between being able to pay rent, buy food, pay for medications, or keep a car that is needed to keep the job to pay the bills running.  

For all the wealth in Berkeley, in the years 2016-2020 (that latest available record) twenty-two percent of children in Berkeley were on SNAP (Supplemental Nutrition Assistance Program) commonly known as food stamps. https://www.healthyalamedacounty.org/indicators/index/view?indicatorId=5749&localeId=132160 

When nearly every multi-unit building under construction or planned is housing for students, what happened Tuesday evening won’t get us housing for moderate income and low income households. To secure the maximum state density bonus with the fewest inclusionary affordable units, 10% very low income units are the ticket. When the eventual day comes that there is enough money in the Housing Trust Fund to build affordable housing, it is dominated by units for very low income households. Watch out for this in the BART station housing projects. 

Councilmember Kesarwani started her comments on Tuesday evening referencing the Laffer Curve. That is the theoretical relationship between the rates of taxes and the resulting levels of revenue. The Laffer Curve has been a GOP favorite, used as the justification that cutting taxes will spur so much economic growth that the new growth will offset the losses created by tax cuts. 

Kesarwani and I obviously went to different graduate programs. The business lectures I listened to for my MBA called the Laffer Curve the Laugher Curve meaning it was questionable nonsense, but obviously there are true believers. 

******** 

That takes care of Tuesday. Wednesday the City Council voted on the Housing Element. 

Kesarwani’s gift to the Housing Element, with co-sponsors Arreguin, Taplin and Humbert, was the supplemental agenda item designed to increase density and development along San Pablo Avenue and providing for “by right” demolition of single family homes if the house the developer wants to demolish has not been occupied by tenants in the last five years and it would be replaced by a middle income housing project that increases density. The middle housing projects are the duplexes, triplexes and fourplexes that the mayor and seven councilmembers (Kesarwani, Taplin, Bartlett, Hahn, Wengraf, Humbert) voted to exempt from any in-lieu fee on Tuesday evening.  

Calling single family home zoning racist and exclusionary is how the real estate industry and true believers in density convince cities to change zoning and open historic minority home neighborhoods to development. Mayor Arreguin and the Berkeley City Council jumped on that bandwagon a year ago. On Wednesday night Arreguin made his nod to the real estate industry and California YIMBY, a developer-funded lobbying organization, parroting a triumphal claim of ending exclusionary zoning 

Never mind that single family zoning (R-1) in the historic Black neighborhood in South Berkeley around San Pablo Park is what protected those homes from demolition up until now. Berkeley eliminated that protection, ignoring that Black families, just like White families, like yards where their children can play and their own space where they can gather with family and friends. Now that will become just getting on the list to be first to reserve a picnic table if there is one at a park. 

Segregation through housing law has been way more complicated than single family zoning. It was covenants in contracts which prohibited the sale of property to any potential home owner who was other than white. It was refusing to rent to non-whites in White neighborhoods. It was redlining to define minority neighborhoods as high risk limiting bank loans, investment, resources, sinking housing values and keeping them low. Richard Rothstein lays it all out in his excellent book The Color of Law: A Forgotten History of How Our Government Segregated America. 

Redlining continues to impact housing and land value in Berkeley. It was because of the former redlining that I was able to afford the house I now live in. There was a lot I didn’t know in 1990, but lots of reading, discussions, listening and the Black Panther exhibit at the Oakland Museum of California brought it all home, with the map of redlining that put my house right in the redlined area on full display. 

Councilmembers Hahn, Harrison and Wengraf voted against by right demolition of single family homes and lost to the majority, so this proposal was folded into the Housing Element and the Final Environmental Impact Report (FEIR), which then passed with a unanimous vote. 

Tucked into that Housing Element and FEIR are plans to add 15,001 new housing units or 5,167 more units than the required 8,934 RHNA which many of us see as ridiculous in this city of 10.5 square miles, bounded on the west by water and the Hayward Fault, landslides and high fire hazard zones in the hills on the east side. Despite this foolishness, the council promised to attack zoning to increase density. And, we can expect where all that new building will land, on the land that costs the least in a tight market. 

Stay tuned. 

 

Pick Your Topic – here are the answers to what is:

• RHNA,
• Nexus Study,
• AMI
• In Lieu Fees
• Inclusionary Housing Requirements
• the Palmer Fix,
• Density Bonus,
• SB 330,
• Chart of Income Categories and Affordable Rents
• and
• where to go to stay current with pending California Housing Legislation.

  ---

  Regional Housing Need Allocation (RHNA) (pronounced ree na)
  
  Since 1969, California has required that all local governments plan to meet the housing needs of everyone in the community regardless of income. The state required process for determining how many housing units by levels of affordability, each community must plan to accommodate during the RHNA cycle is multi-layered.
  
  January 1, 2023 – December 31, 2031, is the sixth and current cycle. https://www.hcd.ca.gov/planning-and-community-development/regional-housing-needs-allocation 

  The California Department of Housing and Community Development (HCD) determines the total housing need based on projected job growth and distributes the housing allocations to regional councils of governments, which in turn break down and assign the allocation to communities. In the Bay Area the regional council of government is the Association of Bay Area Governments (ABAG).  

  The plan for accommodating the allocation is called the Housing Element ,which must be turned in by January 31, 2023. The Berkeley City Council approved the Housing Element on January 18, 2023. A Housing Element certified by HCD brings with it eligibility for numerous state and regional grants and funds.  

  Berkeley Mayor Jesse Arreguin is the current ABAG President. He was the Chair/President of the ABAG Committee that assigned to Berkeley, a city of 10.5 square miles, the 2023 – 2031 RHNA of 8,934 new units, of which 2446 are for very low income, 1408 are for low income, 1416 are for moderate income and 3664 for above moderate income, often called market rate housing.  

  Allocations to other bay area cities assigned by ABAG are found in this link on pages 24 – 27. https://abag.ca.gov/sites/default/files/documents/2021-05/ABAG_2023-2031_Draft_RHNA_Plan.pdf 

  It can be argued that the projections for how much new housing is needed are nothing more than a guess, and builders/developers and related industries have the most to gain by high RHNA numbers. A number of cities throughout California are suing the state over their RHNA allocations. Berkeley is not doing this. 

  The California State Auditor found many flaws in the RHNA allocations which is summarized in the article, Report Finds Housing Goals are Not Supported by the Evidence. https://voiceofoc.org/2022/04/california-state-auditor-releases-scathing-report-on-rhna-process-report-finds-housing-goals-are-not-supported-by-evidence/ 

  The Housing Element used to be an exercise that, other than providing a deep history of a community’s demographics, housing stock and potential building sites, could be set aside except for reporting out the results. Cities don’t actually build the housing. Cities just create or change zoning so the developers can build new multi-unit residential buildings to meet the assigned allocation. Accessory Dwelling Units (ADUs) and Junior ADUs (JADU) additions of new units to existing housing also count toward RHNA.  

  Part of the Housing Element is identifying potential sites for the assigned RHNA additional housing. Sites include vacant lots, parking lots, adding ADUs, JADUs to existing sites and replacing “underutilized” commercial or residential buildings with new larger multi-unit projects. One (and two) story grocery stores with parking lots have been deemed underutilized and designated as locations for buildings to be demolished and replaced.  

  Starting with the sixth cycle, communities that do not complete the Housing Element are subject to the state overriding any local zoning that limits construction of new big multi-unit buildings.  

  There is also risk to communities if they are not making progress toward RHNA by midway through the cycle. Builders/developers can override zoning and sue cities. The term “builders’ remedy” describes the situation in which RHNA is not being met and where a project that is 20% for lower income households or 100% affordable to moderate-income households cannot be denied.  

  The consultants who do the research and write Housing Elements come at an expensive cost. Even small communities can see that cost in the range of $300,000 and upwards. Berkeley has dedicated a much larger amount to the Housing Element for the sixth cycle.  

  The Nexus Study Explained with a Little History, or 

  How Are In-Lieu Mitigation Fees and Inclusionary Unit Requirements Established? 

  A Nexus study is how cities arrive at in-lieu fees and inclusionary unit percentages.  

  The last full Nexus study for Berkeley was completed in July 2015. The Nexus study consists of two parts: 

  1) for every 100 market rate units built, how many units need to be built to house the lower paid workers to provide the services for the higher income residents moving into those 100 market rate (high priced) units 

  and 

  2) what is the reasonable (feasible) rate for an in-lieu mitigation fee that still allows the investor to make 10% to 12% return (profit) on the cost of the project?  

  Consultants comb through recent project cost documents, review construction costs and estimate the number of workers needed for the increased housing to arrive at recommendations for the in-lieu mitigation fee to build the additional housing for the lower income workers.  

  The introduction to the 2015 Nexus study for the July 14, 2015, presentation to City Council (Arreguin and Wengraf were councilmembers) states, “The financing gap required to produce housing affordable to these new households earning 100% AMI or less resulted in a maximum impact fee of $84,392 for rental units and $96,294 for condominium units. Rather than charging the fee on a per unit basis, it is possible to translate this into square footage fee using the average unit sizes [900 sq ft] resulting in a fee of $112.24 per square feet for rental units and $97.98 per square foot for condominiums.”  

  The 2015 Nexus study recommended a $34,000 per unit fee (not $84,392) which would give the developers a 13.9% profit, not 10% to 12% profit. That 2015 $34,000 fee, if translated into gross residential square feet, would have equaled $45 per square foot.  

  Area Median Income and How It is Used Explained 

  The RHNA not only defines how much new housing must be built to accommodate an expanding population. It also contains a breakdown of how much of the housing should be assigned to each Housing and Urban Development (HUD) category of income.  

  The State of California Department of Housing and Community Development Division of Housing Policy Development (HCD) lists five categories of income limits: Acutely Low – under 15% of the Area Median Income (AMI); Extremely Low – under 30% of AMI; Very Low Income 30% - 50% of AMI; Low Income >30% AMI - 50% AMI; Low income - >50% AMI – 80% AMI; and Moderate Income >80% - 120% of AMI.  

  The Area Median Income (AMI) is the middle of the income data collected. not the average. One very high income earner could throw off an average. That is why the median is used. The 2022 AMI for Alameda County for a household of four is $142,800. The Housing Element for 2023 – 2031 approved by the Berkeley City Council on January 18, 2023, used the AMI for 2021, not 2022. The chart with this article of household incomes by category uses the 2022 HCD matrix as does the calculation of affordable monthly rents chart by income category.  

  The chart of the Median Income and break out by household size is updated every year in the spring. Here is the link to 2022 chart by county for California. https://www.hcd.ca.gov/docs/grants-and-funding/inc2k22.pdf 

  See the attached chart of income by category and how that translates into affordable rent. Affordable rent is set at a maximum of 30% of the household income including utilities.  

  The In-lieu Mitigation Fee 

  The RHNA lists four income categories for new housing purposes: very low income, low income, moderate income and above moderate income. For Berkeley the 2023 – 2031 RHNA is 8,934 new units, of which 2446 are for very low income, 1408 are for low income, 1416 are for moderate income and 3664 for above moderate income (often called market rate housing.)  

  If developers (the investors) only build market rate housing, communities will never make a dent in the supply of housing needed for lower income households. Through lawsuits and legislation, cities can charge a fee, the in-lieu mitigation fee, for the city to collect to build affordable housing at another location or to contribute to affordable housing projects.  

  The cost of building multi-unit projects is studied to arrive at an in-lieu fee that provides for a reasonable profit for the investors and contributes to filling the gap of the needed affordable housing in the community. The in-lieu mitigation fee, when properly established and balanced with inclusionary housing, affordable units in the building, is in theory the method to address the shortage of housing for the workers who are needed to provide the services to keep the residents of the new market rate buildings comfortable.  

  In Berkeley, the in-lieu mitigation fee goes into the City’s Housing Trust Fund, where over time it accumulates, and when supplemented with grants, incentives and exemptions eventually produces affordable housing like the Hope Center and Berkeley Way Bridge project.  

  The lower the fee, the more incentive there is for developers to choose paying the fee rather than providing inclusionary housing and the longer it takes to accumulate enough trust funds for the city to build housing or contribute to affordable units in other projects.  

  When the in-lieu fee is set too low, the developers opt to pay the fee and communities wait decades or may never see affordable housing projects.  

  Prior to April 1, 2023, Berkeley’s current in-lieu fee has been by per unit and not square feet. Whether a unit was a studio or a five bedroom mini-dorm or more, the fee was $46,185/unit if paid at the Certificate of Occupancy (when people can rent and move in) or $43,185/unit if paid when the building permit is issued.  

  On January 17, 2023, the Berkeley City Council voted to change the fee to be calculated per net square feet of the actual unit and to exempt any project with less than five units. Any “common” space such as mailrooms, hallways, shared gathering space will be excluded from the net square foot calculation. The second reading and vote for this amendment to Berkeley Municipal Code (BMC) 23.328 is February 14, 2023 (after the publication of this article – the content of this link will change accordingly). https://berkeleyca.gov/construction-development/permits-design-parameters/design-parameters/affordable-housing 

  Inclusionary Housing and AB1505 the Palmer Fix  

  The advantage of inclusionary affordable housing is that the affordable units arrive with the new multi-unit market rate buildings. There are not years or decades of waiting for funds to accumulate. Nor are there needs to find sites to build affordable housing projects.  

  Long term longitudinal studies show that when affordable housing is mixed in with market rate housing in high resource (wealthier) neighborhoods, young children have better outcomes in education, health and achieving a higher standard of living as adults. Setting the in-lieu mitigation fee at the maximum end of the range at least theoretically drives more inclusionary housing.  

  Cities can require inclusionary affordable housing. California Assembly Bill AB 1505, called the Palmer Fix, is the legislation that gave cities the right to require inclusionary affordable housing. http://costa-hawkins.com/wp-content/uploads/2018/02/Bill-Text-AB-1505-Land-use_-zoning-regulations_.pdf 

  Berkeley at the time of this writing does not require inclusionary affordable housing. Berkeley gives to the developer the option of paying the in-lieu mitigation fee or providing 20% affordable housing within the project, with 10% of the units set aside for low income households and 10% of the units set aside for very low income households. The developer can choose to provide a portion of affordable units and opt out of the rest by paying the in-lieu mitigation fee. When the calculation for the percentage of affordable units results in a “partial” unit, the in-lieu mitigation fee fills the gap.  

  Density Bonus to Incentivize Inclusionary Affordable Housing 

  Berkeley like most California cities has zoning code ordinances limiting the height and mass of buildings. Different commercial districts and neighborhoods have varying height and lot coverage limits.  

  The state density bonus incentivizes taller bigger projects through the density bonus. The state density bonus allows the developer to override the local zoning code and provide additional units and added height by providing onsite affordable units. The developer achieves the maximum density bonus with the fewest onsite affordable units through including very low income units. Fifteen percent very low income units results in a 50% density bonus.  

  Using the density bonus is how plans for 3000 Shattuck at Ashby are a 10-story building and 2190 Shattuck at Allston has grown to 25 stories.  

  The charts for the state density bonus are found about halfway through this legislative document Title 7 Chapter 4.3 [65915-65918] https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=65915 

  California Senate Bill SB 330 - The Housing Crisis Act of 2019 

  SB 330 is in effect until January 1, 2025 unless renewed and limits the number of public hearings to five to streamline approval for projects for residential units only, mixed-use developments with at least 2/3 of square footage designated for residential use or transitional or supportive housing that meet the following conditions:  

  “Housing for very low, low-, or moderate-income households” means that either (A) at least 20 percent of the total units shall be sold or rented to lower income households, as defined in Section 50079.5 of the Health and Safety Code, or (B) 100 percent of the units shall be sold or rented to persons and families of moderate income as defined in Section 50093 of the Health and Safety Code, or persons and families of middle income, as defined in Section 65008 of this code. Housing units targeted for lower income households shall be made available at a monthly housing cost that does not exceed 30 percent of 60 percent of area median income with adjustments for household size made in accordance with the adjustment factors on which the lower income eligibility limits are based. Housing units targeted for persons and families of moderate income shall be made available at a monthly housing cost that does not exceed 30 percent of 100 percent of area median income with adjustments for household size made in accordance with the adjustment factors on which the moderate-income eligibility limits are based.”  

  The full bill can be read at https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200SB330 

  Section 8 Vouchers and Housing Subsidies 

  There are a variety of housing subsidy programs to fill the gap between the maximum of 30% of household income dedicated to rent including utilities and what the property owner and property managers normally charge for rent.  

  When the households for those very low income units have section 8 vouchers, then the developer / current project owner has HUD/ federal subsidies to fill the gap between 30% of the household’s income and the Area Fair Market Rent. The Fair Market Rent isn’t the full market rate (luxury pricing), but it sweetens the deal.  

  https://www.huduser.gov/portal/datasets/fmr/fmrs/FY2023_code/2023summary_sa.odn 

  Waiting lists for affordable housing in Berkeley are so long they are closed. Subsidies and vouchers are not easy to get. Last summer, it was reported over 21,000 Berkeley residents applied for 2000 Section 8 Housing Vouchers. This leaves many many households struggling to find housing they can afford.  

  Where to Find Current Pending California Legislation on Housing 

  Livable California Community – Equity – Action https://www.livablecalifornia.org/ 

   

Last, night (January 25) , the Disaster and Fire Safety Commission, a commission of great importance that rarely gets much public attention, voted five yes (with two abstentions) to send a letter to City Council that originated with this statement read by Commissioner and former mayor Shirley Dean:

I move that the Disaster and Fire Safety Commission (DFSC) inform the City Manager and City Council that in consideration of major street changes to streets which have an existing designation as an Emergency Access and/or as an Evacuation Route or is in the process of being considered for such a designation be subject to analysis prior to commencing any planning process to implementing proposed major changes. Further, that major changes be defined as changes that would result in narrowing all or part of a street or other changes that go beyond ordinary repair and maintenance that would lessen the street’s functioning as an Emergency Access or Evacuation would be denied and an alternative to improve pedestrian and bicycle safety without lessening the Emergency Access and Evacuation Route designation be pursued.

You can read the full the full statement from Commissioner Dean with the references to the California Code of Regulations, Title 19, Division 1 in the Disaster and Fire Safety packet pages 9 – 11.  

https://berkeleyca.gov/sites/default/files/legislative-body-meeting-attachments/DFSC%20Agenda%20Packet%2023-01-25.pdf 

Fire Chief David Sprague said the system is broken, so the Fire Department will be engaging with a consulting service to analyze evacuation and emergency access routes for the entire city of Berkeley, and also that while he is a bicyclist with children who bicycle, emergency response time and emergency evacuation are of utmost importance. The Fire Department has not been part of the process since March 2021, before Sprague came on board as the new Fire Chief. 

Commissioner Degenkalb referenced a report from Los Angeles that since that city took up similar changes, the emergency response time increased three to four times and pedestrian and bicycle deaths increased. 

Commissioner Murphy, the new appointee of Councilmember Wengraf, reported that the Council’s planned Hopkins Corridor meeting for February 2 is now moved to April 16. 

Commissioner Raine, appointed by Councilmember Robinson, who voted against establishing a subcommittee on emergency access and evacuation routes and sending a letter to council, asked Chief Sprague if the Fire Department could use the bike lane with its curb for emergency vehicles since it was wide enough. 

Obviously, Raine had not heard Commissioner Kim Walton’s comment from last Thursday, January 19, when Walton said she had seen a person in a wheelchair using the bike lane, indicating that concerns from the disabled community could be resolved by adding them in their wheelchairs to bike lanes. 

This gives me a vision of a fire truck barreling down a bike lane, with a person in a wheelchair unable to get out of the way or panicked children frozen in place. 

Chief Sprague said he had never heard of such an idea. 

All this follows the January 19th Transportation and Infrastructure Commission meeting, with Farid Javandel, Transportation Division Manager as its staff secretary, which voted seven to two to approve the extension of Hopkins Corridor with Plan 3 from Gilman to Kains. The commission voted previously for the Hopkins Corridor Plan with protected bike lanes in the emergency access and evacuation route. 

On Wednesday, January 18^th, before the Transportation and Infrastructure Commission meeting, the Commission on Aging met at 1:30 pm and the Commission on Disability met at 3 pm specifically to address the Hopkins Corridor Plan, which was expected to be before Council on February 2, 2023. Of concern for both commissions was the impact on the Monterey Market and the businesses between California and McGee, the loss of 100 parking spaces and the impact on the elderly and disabled. 

Transportation Commission meeting attendee Sheridan Pauker asked if the city’s parking analysis included the impact on teachers and staff, and if the impact of delivery trucks was considered. These questions were never answered. Martin Hammer who identified as an architect and bicyclist, said, he liked the Ada Street bypass plan and the City’s plan created more problems than it solved. Many of the attendees liked the Ada bypass plan (and so do I) which was presented by Bryce Nesbit, newly appointed to the commission. https://savehopkins.org/ada-bypass/ 

Commissioner Ray Yep stated the obvious and then voted with the group for Plan 3 with the protected bicycle lanes, two lanes of traffic and parking removed for the bike lane. 

He said, “We have very strong opinions that are very different in my community and I think for the people in the Hopkins community. I don’t think we can move forward with a project where there’s a winner, and there’s a loser. Communities don’t work like that…” Yep went on to say that there are many streets in the city in need of repair and this project should be swapped out for another. 

Where people who need cars would park was only discussed as driveways not being long enough to park a car and not intrude on the sidewalk and small garages designed for another time. The discussion by the majority of commissioners revealed an assumption that with the bike lanes cars would either be unnecessary or kept in some other unnamed place. 

Commissioner Liza Luttzker stated, “Just like everybody can’t ride a bike, everybody can’t ride in or drive a car. Children can’t drive a car. And, in fact, you people with disabilities are much less likely to own and drive a car than anybody else, and there are many people who with disabilities who do need to drive a car, and there are also many people with disabilities who can’t drive a car and we need to plan for all of that. “ 

That’s when Commissioner Kim Walton said she had seen a wheelchair user in bike lanes. 

After the vote, at the end of the very long night at 12:44 am, Machai Freeman, who depends on a wheelchair, countered Lutzker and the commission, saying that their assumptions on the disabled were wrong. Freeman stated she worked hard to acquire a car to be independent and hires drivers. 

None of the discussion at the Transportation and Infrastructure Commission devoted much attention to emergency access and evacuation routes. Transportation Division Manager Farid Javandel could be seen with an enormous grin on his face at the close of the commission meeting with the passage of the Hopkins Corridor Plan. I imagine today he is busy CYA as yet another problem with all this remodeling of city streets is revealed. Remember wthe Milvia bike lane when it was discovered that the turning radius for large trucks and emergency vehicles was not taken into account and sections had to be redone? 

This is not over. 

With all the enthusiasm for protected bike lanes with curbs, someone asked that if the City directs drivers to drive over curbs into the bike lane to get out of the way of emergency vehicles, who pays for the damage to the cars when drivers follow City directions? Again, what about who might be in the bike lane? 

As for the two who abstained at the Disaster and Fire Safety Commission, that was Weldon Bradstreet, appointed by Commissioner Terry Taplin, District 2, 12/08/2020, and Harrison Raine, appointed by Robinson, District 7, 12/02/2022.The two who voted no to approving the Hopkins Street Plan at the Transportation and Infrastructure Commission were Rick Raffanti, appointed by Harrison, District 4, 01/18/2023 and Bryce Nesbitt appointed by Hahn, District 5, 01/18/2023 

And, thank you Margot Smith, for your laser focus on emergency access and evacuation routes. https://berkeleyca.gov/sites/default/files/documents/Berkeley-Emergency-Access-Evacuation-Routes-06-2011.pdf 

The Hopkins neighborhood is organized and can be contacted and supported through https://savehopkins.org/

Brittany Spears, bipolar and an incredible performer, is formerly under conservatorship by her family. She was a great breadwinner for them until she was able to get out of conservatorship. She is one of the few exceptions to the guideline I'm about to offer.

A person who suffers from a chronic psychiatric condition should not rely on a job to be able to survive. You need Social Security to cover you in the inevitable times that you can't work. Your income and housing should be provided by the government on the basis that you may not at always be able to earn a living. Do not take this as an insult. Do not take this as shooting down your ambitions/and/or aspirations. A psychiatric illness is a factual circumstance, and it is not something that someone merely imagined.

A psychiatric condition, while it may not always make you unable to work, can put you at risk. Partly you must face discrimination. Many employers could be uninformed concerning people with a mental disability. You also face the slowing down effect of many psychiatric medications, and this could impede your work. There is not a reliable method of getting around this. Antipsychotics are designed to slow the brain, and that's how they work to alleviate symptoms. It is the equivalent of using a sledgehammer to kill a bug. But that's where neuroscience currently is. If you drink a bunch of caffeinated beverages to counter the antipsychotic, you're at risk of nullifying the effects of your medication and this is an unwise risk. 

There is nothing wrong with wanting more for yourself. It stinks that disabled people have to live on the measly entitlements the government gives us. However, if you have had more than one episode of severe psychosis, mania, or depression, you should realize this can happen to you again. And it can take years to recover from this. And a complete recovery is not certain. In my past, when I've had repeat episodes of psychosis, I lost considerable ground in what I'm able to do. The condition of severe psychosis is not easy on one's brain condition. 

In the forementioned, I'm not talking about intelligence. If you are an intelligent person, it is possible that you always will be. However, the brain is responsible for many other things aside from intelligence. And the ability to handle full-time employment may not always be within reach. This is very unfair, but this is how human biology responds to a brain condition of this kind. It doesn't mean that what you experience has any less value. Yet, it takes a lot of stamina, brainpower, motivation, determination, energy, and health, to be capable of handling a full-time professional job. And if your higher education has been interrupted by psychiatric illness, it is another mark against you, albeit one that you didn't create. 

I do most things better than a typical non-disabled person. Yet because of the sum of physical and mental problems I have, it is not realistic for me to try to handle full-time work or being a full-time student. I'm also older. I am at the age in which people are starting to look what they'll do when they retire. People my age usually have investments to fall back on. They may have adult sons and daughters who can come to their aid. I have none of this. And I am not as resilient or as adaptable as I once was. Change is not easy for me to handle. 

I have seen numerous mentally ill people get jobs, and in some instances, the net result was relapse. There are several possible contributing factors. Some mentally ill people who succeed in a job mistakenly believe that because they can work, they aren't ill any longer and don't need to continue medication and other treatment. 

In other instances, the person is too far overextended by the job or by their anxiousness about the job. Another possible factor is losing the job, and this could be for any reason. When the job is lost, it can take considerable time for benefits to come back. Meanwhile, the person is left without having enough money to live on. 

And there are other instances in which a job can cause a relapse. It matters that you remain within reasonable limits. If the job has more hours than you can reasonably handle, if the job is too stressful, or if the supervisor expects too much, these are all reasons to possibly back off. While you could end up with a less than stellar employment record, you'll at least stay out of the hospital; a worthwhile tradeoff. 

For numerous people, mental illness diagnosis or not, self-esteem is closely connected to one's job. However, if you are disabled, you probably want to rethink the process that gives you your self-esteem. There exists an infinitude of ways to like yourself. You can like yourself for any reason including "another day and I put in a good effort". 

Ideally, if you have a severe mental condition, housing, income, and medical care should be provided by the government in a fully reliable manner. If you work, it should be as a supplement to your government entitlements. The extra money should go very far toward enhancing your quality of life. The work activity should be something you enjoy. 

The Hopkins Corridor Plan promoted by biking extremists who have captured key City officials, departments, and politicians has caused a huge increase in the civic awareness of many normally placid residents who usually don't pay much attention to City politics and ordinarily defer to the “progressive” municipal agenda. Many of these placid, law-abiding, taxpaying, well-meaning residents live near and/or love the Hopkins commercial area and its surrounding neighborhood. Hopkins is an organic thriving local gem in a city beset by neighborhood and commercial decline and large lifeless development projects. 

The bike zealot's Hopkins plan would add two way mostly-impregnable bike lanes along the Hopkins corridor, eliminate over 100 parking spaces needed for the homes and services of elderly and disabled residents and for elderly/disabled shoppers, and seriously impair the emergency disaster services and evacuation uses of the Corridor. Without accessible street parking, property values and desirability of the affected and nearby homes would fall drastically, and developers would steadily take over and redevelop the area into an unrecognizable and undesirable highrise format. 

There are other options, such as the Ada Bypass bike plan, that would actually meet most biking needs. But the bike lobby has declared all-out war and simply wants to win at all costs. Judging from recent sightings, the bike zealots are overwhelmingly young, able-bodied, and of white ethnicity.  

This Hopkins dispute has blossomed into a major political issue. Many of our politicians are feverishly maneuvering behind-the-scenes for various future posts in City, county and state government. But their hopes and plans are seriously threatened by a big Hopkins brouhaha. Councilmembers Kesawarni and Hahn have angered many constituents with their miscalculations and mistakes on the Hopkins Corridor, and Kesawarni, as an incumbent, didn't win by much in her recent re-election, and voting machine Ranked Choice Voting errors likely would further decrease her margin. Councilmembers Taplin and Robinson are unmovable bike lobby acolytes. Harrison and Mayor Arreguin want to but probably cannot please everyone, while Bartlett will be checking the wind's direction. Councilmember Wengraf has been the most cautious, sane, and sensible on this issue, but is reportedly retiring from office when her term is up. And rumor has it that there are at least a few Council aspirants for the next Berkeley mayoral election. In the November 2022 election, the bond measure unanimously favored by the entire City Council (Measure L) failed in a City that normally passes every new property-based tax or fee, and I surmise that it was opposed by many voters angry about the Hopkins plan.  

The last thing our ambitious politicians want is a lawsuit or public fracas over the Hopkins Corridor. But this is exactly what is happening. More people are seeing and questioning the way our city has addressed the Hopkins plan and kowtowed to bike zealots, resulting in more questions being raised about other questionable City actions, of which there are very many. 

I for one am hoping this critical civic lens continues. Previously, Berkeley property taxpayers have gone along with our City's high property taxation and some very questionable social programs in exchange for a progressive agenda that still maintains a modicum of social peace and vibrant local neighborhoods. I've thought of this as the Berkeley covenant. 

This covenant is being broken in many ways and the Hopkins Corridor matter is the most current and egregious. 

Worth Noting:

After last week we could use a break and it looks like we will get it with a light meeting schedule for the coming week and nothing until Tuesday.

• Tuesday: The Zero Waste Commission meets at 6 pm and will hear an update and presentation on the Zero Waste Strategic Plan
• Wednesday: The Disaster and Fire Safety Commission at 7 pm is the go to meeting of the week. On the agenda are the emergency access evacuation routes, the engineering study for the dispatch center and the fire department master plan. The Commission on Labor meets at 7 pm and will hear a presentation on the City Workforce Agreement.
• Thursday: The Mental Health Commission meeting schedule is the fourth Thursday of the month. No meeting is posted yet. Check after Monday.

The January 31, 2023 City Council Regular Meeting is available for public comment. Use the link and choose the html option or see the agenda listed at the end of the calendar. A special council meeting on T1 funding is anticipated for 4 pm on January 31, but that meeting is not yet confirmed or posted.

https://berkeleyca.gov/your-government/city-council/city-council-agendas

Check the City website for late announcements and meetings posted on short notice at: https://berkeleyca.gov/

BERKELEY PUBLIC MEETINGS AND SPECIAL EVENTS 

Sunday, January 22, 2023 – No city meetings listed 

Monday, January 23, 2023 - No city meetings listed 

Tuesday, January 24, 2023 

ZERO WASTE COMMISSION at 6 pm 

Videoconference: https://us02web.zoom.us/s/82587046286 

Teleconference: 1-669-900-9128 Meeting ID: 825 8704 6286 

AGENDA: 6. Staff updates on Zero Waste Rates, Zero Waste Strategic Plan, SB 1383 Implementation, Zero Waste Division staffing changes, Discussion/Action: 1. Abbe & Associates presentation on Zero Waste Strategic Plan, 2. 50 Years Proclamation of the ZW Commission. 

https://berkeleyca.gov/your-government/boards-commissions/zero-waste-commission 

Wednesday, January 25, 2023 

COMMISSION on LABOR at 7 pm 

Videoconference: https://us06web.zoom.us/j/85399338378 

Teleconference: 1-669-900-6833 Meeting ID: 853 9933 8378 

AGENDA: 2. Presentation by commission secretary on City of Berkeley Workforce Agreement (CWA) outcomes FY 2020 to the present. 

https://berkeleyca.gov/your-government/boards-commissions/commission-labor 

DISASTER and FIRE SAFETY COMMISSION at 7 pm 

Videoconference: https://cityofberkeley-info.zoomgov.com/j/1619573531 

Teleconference: 1-669-900-9128 Meeting ID: 161 957 3531 

AGENDA: 4. Emergency Access Evacuation Routes, 5. FY2024 FF Budget update, 6. (CWPP) Community Wildfire Protection Plan Core meeting update, 7. Federal Engineering Dispatch Study including staffing, facilities, training and software for Dispatch Center, 8 Fire Dept Master Plan. 

https://berkeleyca.gov/your-government/boards-commissions/disaster-and-fire-safety-commission 

Thursday, January 26, 2023 

 

MENTAL HEALTH COMMISSION is scheduled to meet the 4th Thursday of the month but no agenda or meeting notice is posted. Check after Monday for a meeting notice and agenda. 

https://berkeleyca.gov/your-government/boards-commissions/mental-health-commission 

Friday, January 27, 2023 - No city meetings listed 

Saturday, January 28, 2023 - No city meetings listed 

Sunday, January 29, 2023 - No city meetings listed 

++++++++++++++++ 

 

Agenda for January 31, 2023, CITY COUNCIL Regular Meeting at 6 pm 

Videoconference: https://cityofberkeley-info.zoomgov.com/j/1610761302 

Teleconference: 1-669-254-5252 or 1-833-568-8864 (toll free) Meeting ID: 161b076 1302 

https://berkeleyca.gov/your-government/city-council/city-council-agendas 

AGENDA RECESS ITEMS on CONSENT:  

1. CM (City Manager) - Amend contract 32200036 modify sole source contract and any amendments with Berkeley Convention and Visitors Bureau, d.b.a. Visit Berkeley to distribute 1/12 of annual Berkeley Transient Occupancy Tax funds to support tourism marketing and promotion for 7/1/2020 – 6/30/2023
2. Louis BPD – Amend contract 100692-3 add $500,000 total $2,000,000 with Serological Research Institute for DNA testing Services, length of contract does not change, expires 6/30/2025,

AGENDA on CONSENT:  

3. Ferris - 15-year Lease agreement with Bay Area Hispano Institute for Advancement to use 1718 8th Street in James Kenny Park 3/1/2023 – 2/1/2038
4. City Attorney - Review and ratify local COVID-19 Emergency
5. City Attorney - Continue directing Legislative Bodies to meet via Videoconference and Teleconference
6. Finance - Formal bid solicitations $33,541,532
7. Sprague Fire - Grant application: Funding up to $5,000,000 from CA Dept of Forestry and Fire Protection (Cal Fire) to be used to develop and deliver public education materials explaining the inspection process, defensible space, assist residents in need of financial assistance to remove vegetation to meet state and local codes, enhance chipper program and fund 3rd party administrator
8. Warhuus – Amend Contract 32000202 – add $576,616 total $3,400,640 and extend 1 yr with Berkeley Food & Housing Project for Rental Subsidy for Russell Street Residence
9. Human resources – Contract $250,000 2/1/2023 – 7/31/2023 with Apple One Employment Services for Temporary Staffing Services
10. IT – Amend contract 32000118-1 add $689,400 total $1,706.909 with Nexgen Asset and Work Order Management Software Maintenance and Professional Services and add 2 years
11. IT – Increase spending authority by $186,610 total $422,915 with AHEAD,Inc using CA Dept of General Services for purchase of additional Varonis software licenses 1/31/2023 – 12/21/2023
12. Ferris – Amend contract 32200183 add $90,000 total $1,100,000 with Western Water Features Inc for electrical renovations at King Swim Center
13. Ferris – Contract $2,483,865 (includes 15% contingency $323,982) with CA Constructores for Grove Park Field and Playground Renovation Project
14. Planning – Amend Contract 32000020 add $1,000,000 total $2,000,000 with Rincon Consultants, Inc for on-call review of land use permit applications and environmental review
15. Garland – Contract $1,490,427 (includes 10% contingency $135,493) with Kolos Engineering, Inc for urgent sewer repair
16. Garland – Contract $4,417,421 (includes 10% contingency $401,584) with Bay Pacific Pipeline for Sanitary Sewer Rehabilitation Project (Hearst, Scenic Ave, Euclid, LeConte, Arch, Cedar, LaLoma, LeRoy, Piedmont, Kelsey, Palm Ct, Russell, and Backline Avalon, Belrose, University Alvarado, Roble Road
17. Item removed - Garland – Authorize Funding Agreement with AC Transit for $1,036,000 additional funding for Quick-Build Durant Transit Lane Project
18. Garland – Contract $1,663,900 with DBA Ray’s Electric for MLK Jr Way Vision Zero Quick Build Project
19. Garland – Contract $4,444,006 (includes 10% contingency $404,001) for Sanitary Sewer Rehabilitation Parnassus Rd, et al. Project
20. Robinson, co-sponsors Harrison, Bartlett, Hahn - Parking/Towing Fines & Fees Reform – Adopt Ordinance amending BMC 14.72.080 reduces burden of parking and towing fines on indigent persons making up to 50% AMI and allows eligibility for RPP (residential parking permits) even with outstanding tickets and fines and budget request for $383,512 for ongoing management of the program

AGENDA on ACTION: 

21. ZAB Appeal 2065 Kittredge Use Permit #ZP2021-0193, demolishes portions of City Landmark including Shattuck Cinemas to construct 8-story 187 units (including 4 live-work units and 9 very low income units) with 4993 sq ft commercial space and 43 parking spaces
22. Arreguin – Request allocation of Early Action Planning Grants (REAP) for Higher Impact Transformative Activities
23. Bartlett – Qualified positive recommendation from Budget & Finance Committee – Outcomes Based Funding, Pay-For-Success and Social Impact Bonds refer to city attorney for guidance (will be moved to consent at meeting)
24. Hahn – Amend Council Rules and Procedure to allow policy committee track items with budget referrals to be referred to the Budget and Finance Committee & one subject matter policy committee

INFORMATION REPORTS: 

25. Updated Sanctuary City Contracting Compliance Report for FY 2021.

+++++++++++++++++++ 

LAND USE CALENDAR:* 

Public Hearings 

2065 Kittredge (construct 8-story mixed-use building) 1/31/2023 

1262 Francisco (add 40 sq ft and 2nd story balcony) 2/28/2023 

Remanded to ZAB or LPC 

1205 Peralta – Conversion of an existing garage 

 

WORK SESSIONS & SPECIAL MEETINGS: 

January 31 – Measure T1 funding at 4 pm 

February 2 – Hopkins Corridor Plan at 6 pm  

February 21 - Local Pandemic/Endemic Update Report, Housing Preference Policy 

February 28 – Zero Waste 5-Year Rate Schedule at 4 pm 

March 7 - Berkeley Marina Area Specific Plan 

March 14 – Annual Crime Report at 4 pm 

March 21 - Civic Arts Grantmaking Process & Capital Grant Program at 4 pm, Civic Center Vision Project at 4 pm 

May 16 - Fire Facilities Study Report 5/16/2023 

Unscheduled Presentations: 

Climate Action Plan and Resilience Update 

City Policies for Managing Parking Around BART Stations 

+++++++++++++ 

Kelly Hammargren’s summary on what happened the preceding week can be found in the Berkeley Daily Planet under Activist’s Diary at: www.berkeleydailyplanet.com. 

This meeting list is also posted at: https://www.sustainableberkeleycoalition.com/whats-ahead.html 

If you would like to receive the Activist’s Calendar as soon as it is completed send an email to kellyhammargren@gmail.com. 

If you wish to stop receiving the weekly calendar of city meetings please forward the email you received to kellyhammargren@gmail.com with the request to be removed from the email list. 

________ 

 

* The Land Use Calendar / Notice of Decision (NOD) and Use Permits with the End of the Appeal Period webpages with easy to find listing of building projects in the appeal period has been removed as another casualty of the conversion to the new City of Berkeley website. 

Here is the old website link (no longer functional), Please ask for it to be restored. 

https://www.cityofberkeley.info/planning_and_development/land_use_division/current_zoning_applications_in_appeal_period.aspx 

 

Worth Noting:  

After last week we could use a break and it looks like we will get it with a light meeting schedule for the coming week and nothing until Tuesday. 

• Tuesday: The Zero Waste Commission meets at 6 pm and will hear an update and presentation on the Zero Waste Strategic Plan
• Wednesday: The Disaster and Fire Safety Commission at 7 pm is the go to meeting of the week. On the agenda are the emergency access evacuation routes, the engineering study for the dispatch center and the fire department master plan. The Commission on Labor meets at 7 pm and will hear a presentation on the City Workforce Agreement.
• Thursday: The Mental Health Commission meeting schedule is the fourth Thursday of the month. No meeting is posted yet. Check after Monday.

 

The January 31, 2023 City Council Regular Meeting is available for public comment. Use the link and choose the html option or see the agenda listed at the end of the calendar. A special council meeting on T1 funding is anticipated for 4 pm on January 31, but that meeting is not yet confirmed or posted. 

https://berkeleyca.gov/your-government/city-council/city-council-agendas 

Check the City website for late announcements and meetings posted on short notice at: https://berkeleyca.gov/ 

BERKELEY PUBLIC MEETINGS AND SPECIAL EVENTS 

Sunday, January 22, 2023 – No city meetings listed 

Monday, January 23, 2023 - No city meetings listed 

Tuesday, January 24, 2023 

ZERO WASTE COMMISSION at 6 pm 

Videoconference: https://us02web.zoom.us/s/82587046286 

Teleconference: 1-669-900-9128 Meeting ID: 825 8704 6286 

AGENDA: 6. Staff updates on Zero Waste Rates, Zero Waste Strategic Plan, SB 1383 Implementation, Zero Waste Division staffing changes, Discussion/Action: 1. Abbe & Associates presentation on Zero Waste Strategic Plan, 2. 50 Years Proclamation of the ZW Commission. 

https://berkeleyca.gov/your-government/boards-commissions/zero-waste-commission 

Wednesday, January 25, 2023 

COMMISSION on LABOR at 7 pm 

Videoconference: https://us06web.zoom.us/j/85399338378 

Teleconference: 1-669-900-6833 Meeting ID: 853 9933 8378 

AGENDA: 2. Presentation by commission secretary on City of Berkeley Workforce Agreement (CWA) outcomes FY 2020 to the present. 

https://berkeleyca.gov/your-government/boards-commissions/commission-labor 

DISASTER and FIRE SAFETY COMMISSION at 7 pm 

Videoconference: https://cityofberkeley-info.zoomgov.com/j/1619573531 

Teleconference: 1-669-900-9128 Meeting ID: 161 957 3531 

AGENDA: 4. Emergency Access Evacuation Routes, 5. FY2024 FF Budget update, 6. (CWPP) Community Wildfire Protection Plan Core meeting update, 7. Federal Engineering Dispatch Study including staffing, facilities, training and software for Dispatch Center, 8 Fire Dept Master Plan. 

https://berkeleyca.gov/your-government/boards-commissions/disaster-and-fire-safety-commission 

Thursday, January 26, 2023 

 

MENTAL HEALTH COMMISSION is scheduled to meet the 4th Thursday of the month but no agenda or meeting notice is posted. Check after Monday for a meeting notice and agenda. 

https://berkeleyca.gov/your-government/boards-commissions/mental-health-commission 

Friday, January 27, 2023 - No city meetings listed 

Saturday, January 28, 2023 - No city meetings listed 

Sunday, January 29, 2023 - No city meetings listed 

++++++++++++++++ 

 

Agenda for January 31, 2023, CITY COUNCIL Regular Meeting at 6 pm 

Videoconference: https://cityofberkeley-info.zoomgov.com/j/1610761302 

Teleconference: 1-669-254-5252 or 1-833-568-8864 (toll free) Meeting ID: 161b076 1302 

https://berkeleyca.gov/your-government/city-council/city-council-agendas 

AGENDA RECESS ITEMS on CONSENT:  

1. CM (City Manager) - Amend contract 32200036 modify sole source contract and any amendments with Berkeley Convention and Visitors Bureau, d.b.a. Visit Berkeley to distribute 1/12 of annual Berkeley Transient Occupancy Tax funds to support tourism marketing and promotion for 7/1/2020 – 6/30/2023
2. Louis BPD – Amend contract 100692-3 add $500,000 total $2,000,000 with Serological Research Institute for DNA testing Services, length of contract does not change, expires 6/30/2025,

AGENDA on CONSENT:  

3. Ferris - 15-year Lease agreement with Bay Area Hispano Institute for Advancement to use 1718 8th Street in James Kenny Park 3/1/2023 – 2/1/2038
4. City Attorney - Review and ratify local COVID-19 Emergency
5. City Attorney - Continue directing Legislative Bodies to meet via Videoconference and Teleconference
6. Finance - Formal bid solicitations $33,541,532
7. Sprague Fire - Grant application: Funding up to $5,000,000 from CA Dept of Forestry and Fire Protection (Cal Fire) to be used to develop and deliver public education materials explaining the inspection process, defensible space, assist residents in need of financial assistance to remove vegetation to meet state and local codes, enhance chipper program and fund 3rd party administrator
8. Warhuus – Amend Contract 32000202 – add $576,616 total $3,400,640 and extend 1 yr with Berkeley Food & Housing Project for Rental Subsidy for Russell Street Residence
9. Human resources – Contract $250,000 2/1/2023 – 7/31/2023 with Apple One Employment Services for Temporary Staffing Services
10. IT – Amend contract 32000118-1 add $689,400 total $1,706.909 with Nexgen Asset and Work Order Management Software Maintenance and Professional Services and add 2 years
11. IT – Increase spending authority by $186,610 total $422,915 with AHEAD,Inc using CA Dept of General Services for purchase of additional Varonis software licenses 1/31/2023 – 12/21/2023
12. Ferris – Amend contract 32200183 add $90,000 total $1,100,000 with Western Water Features Inc for electrical renovations at King Swim Center
13. Ferris – Contract $2,483,865 (includes 15% contingency $323,982) with CA Constructores for Grove Park Field and Playground Renovation Project
14. Planning – Amend Contract 32000020 add $1,000,000 total $2,000,000 with Rincon Consultants, Inc for on-call review of land use permit applications and environmental review
15. Garland – Contract $1,490,427 (includes 10% contingency $135,493) with Kolos Engineering, Inc for urgent sewer repair
16. Garland – Contract $4,417,421 (includes 10% contingency $401,584) with Bay Pacific Pipeline for Sanitary Sewer Rehabilitation Project (Hearst, Scenic Ave, Euclid, LeConte, Arch, Cedar, LaLoma, LeRoy, Piedmont, Kelsey, Palm Ct, Russell, and Backline Avalon, Belrose, University Alvarado, Roble Road
17. Item removed - Garland – Authorize Funding Agreement with AC Transit for $1,036,000 additional funding for Quick-Build Durant Transit Lane Project
18. Garland – Contract $1,663,900 with DBA Ray’s Electric for MLK Jr Way Vision Zero Quick Build Project
19. Garland – Contract $4,444,006 (includes 10% contingency $404,001) for Sanitary Sewer Rehabilitation Parnassus Rd, et al. Project
20. Robinson, co-sponsors Harrison, Bartlett, Hahn - Parking/Towing Fines & Fees Reform – Adopt Ordinance amending BMC 14.72.080 reduces burden of parking and towing fines on indigent persons making up to 50% AMI and allows eligibility for RPP (residential parking permits) even with outstanding tickets and fines and budget request for $383,512 for ongoing management of the program

AGENDA on ACTION: 

21. ZAB Appeal 2065 Kittredge Use Permit #ZP2021-0193, demolishes portions of City Landmark including Shattuck Cinemas to construct 8-story 187 units (including 4 live-work units and 9 very low income units) with 4993 sq ft commercial space and 43 parking spaces
22. Arreguin – Request allocation of Early Action Planning Grants (REAP) for Higher Impact Transformative Activities
23. Bartlett – Qualified positive recommendation from Budget & Finance Committee – Outcomes Based Funding, Pay-For-Success and Social Impact Bonds refer to city attorney for guidance (will be moved to consent at meeting)
24. Hahn – Amend Council Rules and Procedure to allow policy committee track items with budget referrals to be referred to the Budget and Finance Committee & one subject matter policy committee

INFORMATION REPORTS: 

25. Updated Sanctuary City Contracting Compliance Report for FY 2021.

+++++++++++++++++++ 

LAND USE CALENDAR:* 

Public Hearings 

2065 Kittredge (construct 8-story mixed-use building) 1/31/2023 

1262 Francisco (add 40 sq ft and 2nd story balcony) 2/28/2023 

Remanded to ZAB or LPC 

1205 Peralta – Conversion of an existing garage 

 

WORK SESSIONS & SPECIAL MEETINGS: 

January 31 – Measure T1 funding at 4 pm 

February 2 – Hopkins Corridor Plan at 6 pm  

February 21 - Local Pandemic/Endemic Update Report, Housing Preference Policy 

February 28 – Zero Waste 5-Year Rate Schedule at 4 pm 

March 7 - Berkeley Marina Area Specific Plan 

March 14 – Annual Crime Report at 4 pm 

March 21 - Civic Arts Grantmaking Process & Capital Grant Program at 4 pm, Civic Center Vision Project at 4 pm 

May 16 - Fire Facilities Study Report 5/16/2023 

Unscheduled Presentations: 

Climate Action Plan and Resilience Update 

City Policies for Managing Parking Around BART Stations 

+++++++++++++ 

Kelly Hammargren’s summary on what happened the preceding week can be found in the Berkeley Daily Planet under Activist’s Diary at: www.berkeleydailyplanet.com. 

This meeting list is also posted at: https://www.sustainableberkeleycoalition.com/whats-ahead.html 

If you would like to receive the Activist’s Calendar as soon as it is completed send an email to kellyhammargren@gmail.com. 

If you wish to stop receiving the weekly calendar of city meetings please forward the email you received to kellyhammargren@gmail.com with the request to be removed from the email list. 

________ 

 

* The Land Use Calendar / Notice of Decision (NOD) and Use Permits with the End of the Appeal Period webpages with easy to find listing of building projects in the appeal period has been removed as another casualty of the conversion to the new City of Berkeley website. 

Here is the old website link (no longer functional), Please ask for it to be restored. 

https://www.cityofberkeley.info/planning_and_development/land_use_division/current_zoning_applications_in_appeal_period.aspx 

 

Worth Noting:  

After last week we could use a break and it looks like we will get it with a light meeting schedule for the coming week and nothing until Tuesday. 

• Tuesday: The Zero Waste Commission meets at 6 pm and will hear an update and presentation on the Zero Waste Strategic Plan
• Wednesday: The Disaster and Fire Safety Commission at 7 pm is the go to meeting of the week. On the agenda are the emergency access evacuation routes, the engineering study for the dispatch center and the fire department master plan. The Commission on Labor meets at 7 pm and will hear a presentation on the City Workforce Agreement.
• Thursday: The Mental Health Commission meeting schedule is the fourth Thursday of the month. No meeting is posted yet. Check after Monday.

 

The January 31, 2023 City Council Regular Meeting is available for public comment. Use the link and choose the html option or see the agenda listed at the end of the calendar. A special council meeting on T1 funding is anticipated for 4 pm on January 31, but that meeting is not yet confirmed or posted. 

https://berkeleyca.gov/your-government/city-council/city-council-agendas 

Check the City website for late announcements and meetings posted on short notice at: https://berkeleyca.gov/ 

BERKELEY PUBLIC MEETINGS AND SPECIAL EVENTS 

Sunday, January 22, 2023 – No city meetings listed 

Monday, January 23, 2023 - No city meetings listed 

Tuesday, January 24, 2023 

ZERO WASTE COMMISSION at 6 pm 

Videoconference: https://us02web.zoom.us/s/82587046286 

Teleconference: 1-669-900-9128 Meeting ID: 825 8704 6286 

AGENDA: 6. Staff updates on Zero Waste Rates, Zero Waste Strategic Plan, SB 1383 Implementation, Zero Waste Division staffing changes, Discussion/Action: 1. Abbe & Associates presentation on Zero Waste Strategic Plan, 2. 50 Years Proclamation of the ZW Commission. 

https://berkeleyca.gov/your-government/boards-commissions/zero-waste-commission 

Wednesday, January 25, 2023 

COMMISSION on LABOR at 7 pm 

Videoconference: https://us06web.zoom.us/j/85399338378 

Teleconference: 1-669-900-6833 Meeting ID: 853 9933 8378 

AGENDA: 2. Presentation by commission secretary on City of Berkeley Workforce Agreement (CWA) outcomes FY 2020 to the present. 

https://berkeleyca.gov/your-government/boards-commissions/commission-labor 

DISASTER and FIRE SAFETY COMMISSION at 7 pm 

Videoconference: https://cityofberkeley-info.zoomgov.com/j/1619573531 

Teleconference: 1-669-900-9128 Meeting ID: 161 957 3531 

AGENDA: 4. Emergency Access Evacuation Routes, 5. FY2024 FF Budget update, 6. (CWPP) Community Wildfire Protection Plan Core meeting update, 7. Federal Engineering Dispatch Study including staffing, facilities, training and software for Dispatch Center, 8 Fire Dept Master Plan. 

https://berkeleyca.gov/your-government/boards-commissions/disaster-and-fire-safety-commission 

Thursday, January 26, 2023 

 

MENTAL HEALTH COMMISSION is scheduled to meet the 4th Thursday of the month but no agenda or meeting notice is posted. Check after Monday for a meeting notice and agenda. 

https://berkeleyca.gov/your-government/boards-commissions/mental-health-commission 

Friday, January 27, 2023 - No city meetings listed 

Saturday, January 28, 2023 - No city meetings listed 

Sunday, January 29, 2023 - No city meetings listed 

++++++++++++++++ 

 

Agenda for January 31, 2023, CITY COUNCIL Regular Meeting at 6 pm 

Videoconference: https://cityofberkeley-info.zoomgov.com/j/1610761302 

Teleconference: 1-669-254-5252 or 1-833-568-8864 (toll free) Meeting ID: 161b076 1302 

https://berkeleyca.gov/your-government/city-council/city-council-agendas 

AGENDA RECESS ITEMS on CONSENT:  

1. CM (City Manager) - Amend contract 32200036 modify sole source contract and any amendments with Berkeley Convention and Visitors Bureau, d.b.a. Visit Berkeley to distribute 1/12 of annual Berkeley Transient Occupancy Tax funds to support tourism marketing and promotion for 7/1/2020 – 6/30/2023
2. Louis BPD – Amend contract 100692-3 add $500,000 total $2,000,000 with Serological Research Institute for DNA testing Services, length of contract does not change, expires 6/30/2025,

AGENDA on CONSENT:  

3. Ferris - 15-year Lease agreement with Bay Area Hispano Institute for Advancement to use 1718 8th Street in James Kenny Park 3/1/2023 – 2/1/2038
4. City Attorney - Review and ratify local COVID-19 Emergency
5. City Attorney - Continue directing Legislative Bodies to meet via Videoconference and Teleconference
6. Finance - Formal bid solicitations $33,541,532
7. Sprague Fire - Grant application: Funding up to $5,000,000 from CA Dept of Forestry and Fire Protection (Cal Fire) to be used to develop and deliver public education materials explaining the inspection process, defensible space, assist residents in need of financial assistance to remove vegetation to meet state and local codes, enhance chipper program and fund 3rd party administrator
8. Warhuus – Amend Contract 32000202 – add $576,616 total $3,400,640 and extend 1 yr with Berkeley Food & Housing Project for Rental Subsidy for Russell Street Residence
9. Human resources – Contract $250,000 2/1/2023 – 7/31/2023 with Apple One Employment Services for Temporary Staffing Services
10. IT – Amend contract 32000118-1 add $689,400 total $1,706.909 with Nexgen Asset and Work Order Management Software Maintenance and Professional Services and add 2 years
11. IT – Increase spending authority by $186,610 total $422,915 with AHEAD,Inc using CA Dept of General Services for purchase of additional Varonis software licenses 1/31/2023 – 12/21/2023
12. Ferris – Amend contract 32200183 add $90,000 total $1,100,000 with Western Water Features Inc for electrical renovations at King Swim Center
13. Ferris – Contract $2,483,865 (includes 15% contingency $323,982) with CA Constructores for Grove Park Field and Playground Renovation Project
14. Planning – Amend Contract 32000020 add $1,000,000 total $2,000,000 with Rincon Consultants, Inc for on-call review of land use permit applications and environmental review
15. Garland – Contract $1,490,427 (includes 10% contingency $135,493) with Kolos Engineering, Inc for urgent sewer repair
16. Garland – Contract $4,417,421 (includes 10% contingency $401,584) with Bay Pacific Pipeline for Sanitary Sewer Rehabilitation Project (Hearst, Scenic Ave, Euclid, LeConte, Arch, Cedar, LaLoma, LeRoy, Piedmont, Kelsey, Palm Ct, Russell, and Backline Avalon, Belrose, University Alvarado, Roble Road
17. Item removed - Garland – Authorize Funding Agreement with AC Transit for $1,036,000 additional funding for Quick-Build Durant Transit Lane Project
18. Garland – Contract $1,663,900 with DBA Ray’s Electric for MLK Jr Way Vision Zero Quick Build Project
19. Garland – Contract $4,444,006 (includes 10% contingency $404,001) for Sanitary Sewer Rehabilitation Parnassus Rd, et al. Project
20. Robinson, co-sponsors Harrison, Bartlett, Hahn - Parking/Towing Fines & Fees Reform – Adopt Ordinance amending BMC 14.72.080 reduces burden of parking and towing fines on indigent persons making up to 50% AMI and allows eligibility for RPP (residential parking permits) even with outstanding tickets and fines and budget request for $383,512 for ongoing management of the program

AGENDA on ACTION: 

21. ZAB Appeal 2065 Kittredge Use Permit #ZP2021-0193, demolishes portions of City Landmark including Shattuck Cinemas to construct 8-story 187 units (including 4 live-work units and 9 very low income units) with 4993 sq ft commercial space and 43 parking spaces
22. Arreguin – Request allocation of Early Action Planning Grants (REAP) for Higher Impact Transformative Activities
23. Bartlett – Qualified positive recommendation from Budget & Finance Committee – Outcomes Based Funding, Pay-For-Success and Social Impact Bonds refer to city attorney for guidance (will be moved to consent at meeting)
24. Hahn – Amend Council Rules and Procedure to allow policy committee track items with budget referrals to be referred to the Budget and Finance Committee & one subject matter policy committee

INFORMATION REPORTS: 

25. Updated Sanctuary City Contracting Compliance Report for FY 2021.

+++++++++++++++++++ 

LAND USE CALENDAR:* 

Public Hearings 

2065 Kittredge (construct 8-story mixed-use building) 1/31/2023 

1262 Francisco (add 40 sq ft and 2nd story balcony) 2/28/2023 

Remanded to ZAB or LPC 

1205 Peralta – Conversion of an existing garage 

 

WORK SESSIONS & SPECIAL MEETINGS: 

January 31 – Measure T1 funding at 4 pm 

February 2 – Hopkins Corridor Plan at 6 pm  

February 21 - Local Pandemic/Endemic Update Report, Housing Preference Policy 

February 28 – Zero Waste 5-Year Rate Schedule at 4 pm 

March 7 - Berkeley Marina Area Specific Plan 

March 14 – Annual Crime Report at 4 pm 

March 21 - Civic Arts Grantmaking Process & Capital Grant Program at 4 pm, Civic Center Vision Project at 4 pm 

May 16 - Fire Facilities Study Report 5/16/2023 

Unscheduled Presentations: 

Climate Action Plan and Resilience Update 

City Policies for Managing Parking Around BART Stations 

+++++++++++++ 

Kelly Hammargren’s summary on what happened the preceding week can be found in the Berkeley Daily Planet under Activist’s Diary at: www.berkeleydailyplanet.com. 

This meeting list is also posted at: https://www.sustainableberkeleycoalition.com/whats-ahead.html 

If you would like to receive the Activist’s Calendar as soon as it is completed send an email to kellyhammargren@gmail.com. 

If you wish to stop receiving the weekly calendar of city meetings please forward the email you received to kellyhammargren@gmail.com with the request to be removed from the email list. 

________ 

 

* The Land Use Calendar / Notice of Decision (NOD) and Use Permits with the End of the Appeal Period webpages with easy to find listing of building projects in the appeal period has been removed as another casualty of the conversion to the new City of Berkeley website. 

Here is the old website link (no longer functional), Please ask for it to be restored. 

https://www.cityofberkeley.info/planning_and_development/land_use_division/current_zoning_applications_in_appeal_period.aspx 

 

Worth Noting:  

After last week we could use a break and it looks like we will get it with a light meeting schedule for the coming week and nothing until Tuesday. 

• Tuesday: The Zero Waste Commission meets at 6 pm and will hear an update and presentation on the Zero Waste Strategic Plan
• Wednesday: The Disaster and Fire Safety Commission at 7 pm is the go to meeting of the week. On the agenda are the emergency access evacuation routes, the engineering study for the dispatch center and the fire department master plan. The Commission on Labor meets at 7 pm and will hear a presentation on the City Workforce Agreement.
• Thursday: The Mental Health Commission meeting schedule is the fourth Thursday of the month. No meeting is posted yet. Check after Monday.

 

The January 31, 2023 City Council Regular Meeting is available for public comment. Use the link and choose the html option or see the agenda listed at the end of the calendar. A special council meeting on T1 funding is anticipated for 4 pm on January 31, but that meeting is not yet confirmed or posted. 

https://berkeleyca.gov/your-government/city-council/city-council-agendas 

Check the City website for late announcements and meetings posted on short notice at: https://berkeleyca.gov/ 

BERKELEY PUBLIC MEETINGS AND SPECIAL EVENTS 

Sunday, January 22, 2023 – No city meetings listed 

Monday, January 23, 2023 - No city meetings listed 

Tuesday, January 24, 2023 

ZERO WASTE COMMISSION at 6 pm 

Videoconference: https://us02web.zoom.us/s/82587046286 

Teleconference: 1-669-900-9128 Meeting ID: 825 8704 6286 

AGENDA: 6. Staff updates on Zero Waste Rates, Zero Waste Strategic Plan, SB 1383 Implementation, Zero Waste Division staffing changes, Discussion/Action: 1. Abbe & Associates presentation on Zero Waste Strategic Plan, 2. 50 Years Proclamation of the ZW Commission. 

https://berkeleyca.gov/your-government/boards-commissions/zero-waste-commission 

Wednesday, January 25, 2023 

COMMISSION on LABOR at 7 pm 

Videoconference: https://us06web.zoom.us/j/85399338378 

Teleconference: 1-669-900-6833 Meeting ID: 853 9933 8378 

AGENDA: 2. Presentation by commission secretary on City of Berkeley Workforce Agreement (CWA) outcomes FY 2020 to the present. 

https://berkeleyca.gov/your-government/boards-commissions/commission-labor 

DISASTER and FIRE SAFETY COMMISSION at 7 pm 

Videoconference: https://cityofberkeley-info.zoomgov.com/j/1619573531 

Teleconference: 1-669-900-9128 Meeting ID: 161 957 3531 

AGENDA: 4. Emergency Access Evacuation Routes, 5. FY2024 FF Budget update, 6. (CWPP) Community Wildfire Protection Plan Core meeting update, 7. Federal Engineering Dispatch Study including staffing, facilities, training and software for Dispatch Center, 8 Fire Dept Master Plan. 

https://berkeleyca.gov/your-government/boards-commissions/disaster-and-fire-safety-commission 

Thursday, January 26, 2023 

 

MENTAL HEALTH COMMISSION is scheduled to meet the 4th Thursday of the month but no agenda or meeting notice is posted. Check after Monday for a meeting notice and agenda. 

https://berkeleyca.gov/your-government/boards-commissions/mental-health-commission 

Friday, January 27, 2023 - No city meetings listed 

Saturday, January 28, 2023 - No city meetings listed 

Sunday, January 29, 2023 - No city meetings listed 

++++++++++++++++ 

 

Agenda for January 31, 2023, CITY COUNCIL Regular Meeting at 6 pm 

Videoconference: https://cityofberkeley-info.zoomgov.com/j/1610761302 

Teleconference: 1-669-254-5252 or 1-833-568-8864 (toll free) Meeting ID: 161b076 1302 

https://berkeleyca.gov/your-government/city-council/city-council-agendas 

AGENDA RECESS ITEMS on CONSENT:  

1. CM (City Manager) - Amend contract 32200036 modify sole source contract and any amendments with Berkeley Convention and Visitors Bureau, d.b.a. Visit Berkeley to distribute 1/12 of annual Berkeley Transient Occupancy Tax funds to support tourism marketing and promotion for 7/1/2020 – 6/30/2023
2. Louis BPD – Amend contract 100692-3 add $500,000 total $2,000,000 with Serological Research Institute for DNA testing Services, length of contract does not change, expires 6/30/2025,

AGENDA on CONSENT:  

3. Ferris - 15-year Lease agreement with Bay Area Hispano Institute for Advancement to use 1718 8th Street in James Kenny Park 3/1/2023 – 2/1/2038
4. City Attorney - Review and ratify local COVID-19 Emergency
5. City Attorney - Continue directing Legislative Bodies to meet via Videoconference and Teleconference
6. Finance - Formal bid solicitations $33,541,532
7. Sprague Fire - Grant application: Funding up to $5,000,000 from CA Dept of Forestry and Fire Protection (Cal Fire) to be used to develop and deliver public education materials explaining the inspection process, defensible space, assist residents in need of financial assistance to remove vegetation to meet state and local codes, enhance chipper program and fund 3rd party administrator
8. Warhuus – Amend Contract 32000202 – add $576,616 total $3,400,640 and extend 1 yr with Berkeley Food & Housing Project for Rental Subsidy for Russell Street Residence
9. Human resources – Contract $250,000 2/1/2023 – 7/31/2023 with Apple One Employment Services for Temporary Staffing Services
10. IT – Amend contract 32000118-1 add $689,400 total $1,706.909 with Nexgen Asset and Work Order Management Software Maintenance and Professional Services and add 2 years
11. IT – Increase spending authority by $186,610 total $422,915 with AHEAD,Inc using CA Dept of General Services for purchase of additional Varonis software licenses 1/31/2023 – 12/21/2023
12. Ferris – Amend contract 32200183 add $90,000 total $1,100,000 with Western Water Features Inc for electrical renovations at King Swim Center
13. Ferris – Contract $2,483,865 (includes 15% contingency $323,982) with CA Constructores for Grove Park Field and Playground Renovation Project
14. Planning – Amend Contract 32000020 add $1,000,000 total $2,000,000 with Rincon Consultants, Inc for on-call review of land use permit applications and environmental review
15. Garland – Contract $1,490,427 (includes 10% contingency $135,493) with Kolos Engineering, Inc for urgent sewer repair
16. Garland – Contract $4,417,421 (includes 10% contingency $401,584) with Bay Pacific Pipeline for Sanitary Sewer Rehabilitation Project (Hearst, Scenic Ave, Euclid, LeConte, Arch, Cedar, LaLoma, LeRoy, Piedmont, Kelsey, Palm Ct, Russell, and Backline Avalon, Belrose, University Alvarado, Roble Road
17. Item removed - Garland – Authorize Funding Agreement with AC Transit for $1,036,000 additional funding for Quick-Build Durant Transit Lane Project
18. Garland – Contract $1,663,900 with DBA Ray’s Electric for MLK Jr Way Vision Zero Quick Build Project
19. Garland – Contract $4,444,006 (includes 10% contingency $404,001) for Sanitary Sewer Rehabilitation Parnassus Rd, et al. Project
20. Robinson, co-sponsors Harrison, Bartlett, Hahn - Parking/Towing Fines & Fees Reform – Adopt Ordinance amending BMC 14.72.080 reduces burden of parking and towing fines on indigent persons making up to 50% AMI and allows eligibility for RPP (residential parking permits) even with outstanding tickets and fines and budget request for $383,512 for ongoing management of the program

AGENDA on ACTION: 

21. ZAB Appeal 2065 Kittredge Use Permit #ZP2021-0193, demolishes portions of City Landmark including Shattuck Cinemas to construct 8-story 187 units (including 4 live-work units and 9 very low income units) with 4993 sq ft commercial space and 43 parking spaces
22. Arreguin – Request allocation of Early Action Planning Grants (REAP) for Higher Impact Transformative Activities
23. Bartlett – Qualified positive recommendation from Budget & Finance Committee – Outcomes Based Funding, Pay-For-Success and Social Impact Bonds refer to city attorney for guidance (will be moved to consent at meeting)
24. Hahn – Amend Council Rules and Procedure to allow policy committee track items with budget referrals to be referred to the Budget and Finance Committee & one subject matter policy committee

INFORMATION REPORTS: 

25. Updated Sanctuary City Contracting Compliance Report for FY 2021.

+++++++++++++++++++ 

LAND USE CALENDAR:* 

Public Hearings 

2065 Kittredge (construct 8-story mixed-use building) 1/31/2023 

1262 Francisco (add 40 sq ft and 2nd story balcony) 2/28/2023 

Remanded to ZAB or LPC 

1205 Peralta – Conversion of an existing garage 

 

WORK SESSIONS & SPECIAL MEETINGS: 

January 31 – Measure T1 funding at 4 pm 

February 2 – Hopkins Corridor Plan at 6 pm  

February 21 - Local Pandemic/Endemic Update Report, Housing Preference Policy 

February 28 – Zero Waste 5-Year Rate Schedule at 4 pm 

March 7 - Berkeley Marina Area Specific Plan 

March 14 – Annual Crime Report at 4 pm 

March 21 - Civic Arts Grantmaking Process & Capital Grant Program at 4 pm, Civic Center Vision Project at 4 pm 

May 16 - Fire Facilities Study Report 5/16/2023 

Unscheduled Presentations: 

Climate Action Plan and Resilience Update 

City Policies for Managing Parking Around BART Stations 

+++++++++++++ 

Kelly Hammargren’s summary on what happened the preceding week can be found in the Berkeley Daily Planet under Activist’s Diary at: www.berkeleydailyplanet.com. 

This meeting list is also posted at: https://www.sustainableberkeleycoalition.com/whats-ahead.html 

If you would like to receive the Activist’s Calendar as soon as it is completed send an email to kellyhammargren@gmail.com. 

If you wish to stop receiving the weekly calendar of city meetings please forward the email you received to kellyhammargren@gmail.com with the request to be removed from the email list. 

________ 

 

* The Land Use Calendar / Notice of Decision (NOD) and Use Permits with the End of the Appeal Period webpages with easy to find listing of building projects in the appeal period has been removed as another casualty of the conversion to the new City of Berkeley website. 

Here is the old website link (no longer functional), Please ask for it to be restored. 

https://www.cityofberkeley.info/planning_and_development/land_use_division/current_zoning_applications_in_appeal_period.aspx