This was a very difficult week with more mass shootings and the terrible beating and death of Tyre Nichols at the hands of Memphis Police

The special unit Scorpion, which stands for Street Crimes Operations to Restore Peace In Our Neighborhoods, is disbanded now, but I expect it was built on the myth that Black men, Black boys and Black neighborhoods require tougher policing than White, high resource (wealthy) neighborhoods, the kind of policing that grew stop-and-frisk and exercises in power, intimidation, harassment, fear and violence. It is all justified as stopping crime. It is ugly, described over and over in books on systemic racism and disparate treatment like White Space Black Hood: Opportunity Hoarding and Segregation in the Age of Inequality by Sheryll Cashin, A Colony in a Nation by Chris Hayes, Walking with the Devil: The Police Code of Silence 3^rd Edition by Michael W. Quinn and The Rage of Innocence: How America Criminalizes Black Youth by Kristin Henning.

Taking police away from traffic stops for minor infractions is in the talk show discussions again, along with how body cameras were supposed to stop police violence. Body cameras just give the public a record when and if they are released.

In the beating of Tyre Nichols, the police gave 71 confusing and conflicting commands in 13 minutes like yelling “on the ground” when Nichols was already pinned down on the ground, all apparently to create the narrative that Nichols was the aggressor and the police victims. It is sickening.

Berkeley Mayor Arreguin generated the concept of BerkDOT back in 2020. BerkDOT stands for a new Berkeley Department of Transportation, with the purpose of removing minor traffic violations away from policing as a method of addressingl biased policing. Months of meetings were devoted to creating BerkDOT, and then it stopped. California State law prevents implementation of BerkDOT, but that may change. 

I was never an enthusiast of BerkDOT as I felt it doesn’t get to the core of biased policing, but we shall see. It does take away one way of delivering policing by intimidation and force that is imbedded in systemic racism myths and the long ugly national history of using police as enforcers to keep people of color in their “place.” 

Governor Newsom declared that the climate emergency that gave us virtual meetings will end February 28, 2023, and President Biden set the date as May 11. The Berkeley City Council is going to stay hybrid (both in-person and virtual), but all commission meetings will be in-person starting March 1, 2023. Once we go back to in-person we really need more volunteers who are willing to attend commission meetings and fill us in. 

Thursday morning, I listened to podcast 123 with Dr. Osterholm https://www.cidrap.umn.edu/ and Thursday evening I listened to Dr. Lisa Hernandez, Health Officer for the City of Berkeley answer questions from Commissioner Andy Katz about COVID and masking as the Community Health Commission meeting was getting started. 

Dr. Hernandez said she still masked, but she did not take the opportunity to differentiate between a mask and a N95 securely fitting mask (respirator). Maybe there was an assumption that this was already known, or possibly for Dr. Hernandez there is little difference in which mask is used, so the generic term is adequate. 

This lack of differentiation in the protection performance of the various masks, treating all of them as the same, is a pet peeve with Dr. Osterholm. He is forever educating his listeners in masks, protection or the lack thereof. Dr. Osterholm reminded listeners that COVID is still very much with us, no matter how much we want it to be over. There are right now 550 deaths per day from COVID. 

Dr. Osterholm also gave the statistics on gun deaths, another series of tragedies. There are roughly 124 deaths per day in the U.S. from guns. In 2020, the most recent year accurate statistics are available, there were 45,222 deaths from guns, 43% murder, 54% suicide and 3% unintentional. The incidence of suicide by gun at a startling 54% of all gun deaths reminded me of the chapter on suicide in Jonathan M. Metzel’s 2019 book Dying of Whiteness: How the Politics of Racial Resentment is Killing America’s Heartland. 

The Community Health Commission meeting agenda was ajbout the annual workplan. After the introductory comments and the beginning of line-by-line review of the workplan, I left. 

I can’t say that after attending the January 24, 2023, Zero Waste Commission, I have any better understanding of the Zero Waste Strategic Plan, other than that two Zero Waste Commission Commissioners were named by the presenter, Ruth Abbe of Abbe & Associates, as key team members of the Strategic Plan. Commissioner Christienne de Tournay is Assistant Project Manager and Commissioner Steven Sherman is listed as Operations Analysis. From the presentation chart they are part of Abbe & Associates, who were responsible for the strategic plan. 

That brings another question. We need well informed commissioners to contribute to recommendations to City Council, but when is work or association a conflict of interest? Elected officials’ appointees are required to submit a Statement of Economic Interests (form 700) reporting investments, business entities/trusts, property (excludes residence), income, gifts, and travel payment from third parties. 

Attending as many City meetings as I do and watching commissioners over time, sometimes bias is subtle and sometimes I feel like it comes with a bullhorn. As important as that 700 form might be, membership in various organizations or association with groups and work as an employee or consultant looks to be the heavy weight on where decisions and recommendations to council land. 

Attending the Zero Waste Commission, I often feel the “insider industry language” demonstrates little interest in communicating with the public, and commissioners have said as much. Of course, if Berkeley is to meet zero waste goals, and all of us, the residents, are part of meeting the goals, it seems to me there should be a high degree of interest in the effectiveness of communication with the public. 

The Mental Health Commission was Saturday and devoted to the workplan. I did not attend. 

As I wrote previously with all this water-soaked soil, now this is the perfect time to remove /pull 

up non-native plants and replace them with natives that will provide critical habitat. Per Doug 

Tallamy to support sustainable bird populations we need to strive for at least 70% native plants. 

Anything less won’t provide the insects birds need to feed their babies. 

I had planned to do this last year, but a fracture put that to an end. I am healed, so before making any more gardening mistakes, I contacted Erin Diehm who has turned her city yard into a delightful native plant paradise filled with birds, bees, butterflies and little crawly bugs that become baby bird food. I know of Diehm’s gardening talent through her volunteer work to help create and maintain pollinator gardens in our city parks. 

Here are Erin Diehm’s directions: 

Step 1) Pull out the larger non-native vegetation that needs to be removed or at least pull them out (or cut down) enough of it so that what is left can be sheet mulched. 

Step 2) To sheet mulch, completely cover the area with one or two layers of cardboard as 

the first layer and, then add 4 to 6 inches of mulch (more is better). There is free mulch by the 

community garden on Bancroft and at the Marina. The mulch and cardboard will kill the 

existing vegetation in the ground and make pulling out stragglers (which may sprout 

from the existing weed seed bank) easier in the future. Leave space about a foot or two between sheet mulch and tree trunks. 

Step 3) Make your list of plants. Go to https://calscape.org/ Everywhere there are pictures, descriptions of planting conditions and plants to attract butterflies and birds. There is a whole new section under design and inspiration, Bay Area Garden Planner. https://bayarea.calscape.org/ 

Step 4) Go shopping, Calscape has a map and list of native plant nurseries. 

Step 5) The perfect time to plant and break through the cardboard and mulch is just before a 

rain.  

As I spent an afternoon in my tiny yard on step 1, pulling out non-natives (wet ground helps) two things were on my mind. How can one person make so many gardening mistakes and how is it the green bin is not full yet? Of course, I wanted to jump to step three picking out my plants from Calscape and ran into some frustration that the plants I picked out weren’t available so I went back to the drawing board looking at Calscape and the list at the Watershed Nursery list of available plants. There are other native plant nurseries you can find by just pulling up the map in the website. 

We live in a society that is into instant gratification. I decided I need to rearrange my thinking. Creating habitat to provide food for native bees, butterflies and caterpillars takes a little time. A As in the Doug Tallamy talks, videos and books, plant it and they (nature) will come. And that is the reward for a little patience. 

Last words from Diehm: it is true that the sheet mulching will block native bees access to the soil (70% of native bees are ground nesting), but the cardboard and mulch will break down and blocking the weeds is a real time saver to creating a healthy habitat for nature to survive. For more information on sheet mulching, see the video posted by the Bringing back the Natives Garden Tour at https://www.youtube.com/watch?v=m0oCY59NsBc 

Last week the City Council actions ate up so much space I couldn’t get back to my award to David Trachtenberg for the project presented at the Zoning Adjustment Board with the fewest native plants. I did hear from him. 

David Trachtenberg emailed me that I was unfair, zzand he is a fan of Douglas Tallamy. I call out behavior to change behavior. At the Design Review Committee (DRC) the following week, Isaiah Stackhouse presented the project at 3000 Shattuck for Trachtenberg Architects. At the beginning of the presentation before a word was said from anyone, Stackhouse announced the plant palette was changed and would be 80% native plants. A big thank you comes from this corner. 

The DRC was not happy with the building design for 3000 Shattuck, though not much can be done to change that with state legislation like SB 330. This will be the first 10 story building in a neighborhood of one- and two-story houses. There are problems that need correction related to loading zones for this 166-unit building, that when full may house somewhere between 250 and 400 people depending on how many people share a unit. Included in that 166 are 17 very low-income units to take advantage of the state density bonus and bring the height to 10 floors. 

The other project of that evening was 3031 Adeline. Moshe Dinar is the architect and presented the building. It is seven stories with 64 units which Dinar stated would be 25% affordable. The project has a light feel to it with all the glass and that is exactly the problem. 3031 Adeline is a death trap for birds with floors of glass corner walls. Birds don’t see glass and will fly into it as to a bird’s eye the glass is open space to fly through. There are walls of glass to reflect sky and trees. There is a fix and that is to use bird safe glass with markings/etchings that birds see. 

After speaking about these issues, bird safe glass and downward directed lighting, month after month, it is a mystery about why these hazardous designs are not addressed before they arrive at the Design Review Committee or the Zoning Adjustment Board. We had the same problem with corner windows at 1773 Oxford, represented by Mark Rhoades and Yes Duffy Architects. 

From what I’ve seen by attending meetings month after month, year after year, doing the right thing doesn’t just happen by being asked and making recommendations. It requires pressure and strong ordinances. 

Berkeley has a chance here to be a real leader in the bird safe ordinance, as this city was with banning natural gas in new construction, something other cities have picked up. Gas stoves are now a national discussion. 

There is construction all over the downtown and none of these projects is going up with bird safe glass, and it isn’t because the developers have not heard about bird safe glass. I was present at those meetings where projects were reviewed and approved. The absence of bird safe glass is because it is not required. There should be no excuse for not requiring new building projects to be 100% bird safe glass based on the model from the American Bird Conservancy. https://abcbirds.org/glass-collisions/model-ordinance/ 

Small projects, like the window replacements I am planning when the weather warms up, are an easy fix. As I learned from Glenn Philips, Golden Gate Audubon Executive Director, all I need to do is order the windows with screens on the outside. Double hung windows that open at the top and the bottom with a full screen are perfect. 

Casement windows that roll out and have screens on the inside are the dangerous model for birds. Applying film can fix those windows.  

I first heard of the book How to Stand up to a Dictator: The Fight of Our Future on November 30, 2022 on The Late Show with Stephen Colbert with guest Maria Ressa. https://www.youtube.com/watch?v=xpWevZ5yQz8 

Ressa writes of her initial excitement and vision of opportunities in Facebook and social media. Then reality sets in and the book gets into the meat of how social media algorithms, bots, fake accounts and bloggers trash journalists and fill the space with lies, misinformation and disinformation. She gives warnings and advice in her urgent plea for integrity, vigilance and transparency. 

The Philippines has the highest percentage of Facebook users in the world. As Ressa writes, Facebook carries oversize influence to the detriment of democracy. 

META/Facebook, not to be outdone by Twitter, announced it is going to let Trump back on the Platform. Alex Wagner in her show on January 25 covered the perils well. https://www.msnbc.com/alex-wagner-tonight/watch/facebook-ignores-risk-of-trump-inciting-violence-with-lifting-of-ban-161821253720 

One Child's Magnetic Words

After two years of pandemic cloistering, we left the country for a Caribbean holiday visit with extended family in Trinidad. After over-indulging on Indian delicacies (dhal puri, aloo pie, pholourie, callaloo, roti, and doubles), we shared precious time with some lively and precocious Trini kids.

We gave 7-year-old Ethan a Christmas gift — a puzzle box containing more than 200 words printed on small, magnetized metal chips. He immediately went to work, separating them all for display on a dining table. Then he raced to the nearest refrigerator and began assembling his first two statements on the fridge's metal flank.

When he returned to the table to start assembling another string of words, I strolled over to the kitchen and was astonished to read what he had posted. His messages read:

"Kind things innovate you more than harder times. They improvise sweet."

And: "She can only have my joyful beautiful heart."

All the News That's Fit to Drip

During December's storm-fest of atmospheric rivers, the plastic bags intended to keep our morning Chronicles dry failed big-time. You could tell how intense each storm was by counting the number of wet pages inside.

When we returned, it was clear that one of the dampest days had been December 31. That day's edition of the Chron was so waterlogged that we had to hang the paper's saggy sheets on a clothesline to dry. Which lead to another surprise: it turns out that the ink in our "journal of record" is water-soluble! Details in a front-page story about Trump's tax troubles were lost to the ages: the ink had simply vanished, washed-away by the deluge. 

Shell-shocked at TJ's 

I recently tried to transcend the global egg-shortage by scrambling over to the local Trader Joe's at 8AM in order to be one of the first through the door. 

I rushed to the egg section (which has regularly been laid bare by the time I make my typical afternoon shopping run). But this time I was rewarded with the sight of a goodly number of egg cartons, including a dozen on the bottom shelf that appeared to be selling for the "low price" of $3.29. 

Looking over my shoulder, I asked a passing TJ employee if the eggs were really selling at the posted price. He confirmed the price then gently grabbed one of the two egg cartridges I was cradling in my arms. 

"But you can only have one," he informed me. 

I followed his index finger as he pointed upwards to a prominent sign high atop the egg display. It read: "1 Carton per Visit. Due to National Egg Shortage." And then (this being Trader Joe's) the sign concluded with the hopeful note: "Until supply is bok to normal." 

That's "bok" as in "bwak!" (for those who don't speak Chicken.) 

The Mass Killers Whose Names Are Never Uttered 

For two days in January, mass-shootings in California claimed the lives of at least 18 innocent victims. 

And then, the familiar parade of grieving. As with each and every mass killing in the US, the police and media gathered to share post-mortem details on the incident. The number of casualties was pronounced and the weapon-of-choice was identified as "a semi-automatic handgun" or "an assault rifle." 

But a critical piece of information was missing — the brand-name of the company that made the weapon. 

For the record: According to the Violence Project and Everytown for Gun Safety, the five companies whose weapons are most often used to commit America's mass-murders are: Smith & Wesson, Rutger, Bushmaster, Sig Sauer, and Daniel Defense. 

It's time to stop giving these merchants of death a pass. It's time for the press to start naming these sponsors of slaughter. 

The Lesser of Three Evils  

On August 31, 1967, Martin Luther King, Jr. stood before an audience of thousands while delivering a prophetic speech at the National Conference for New Politics in Chicago and famously decried what he called “the three evils of society”—namely, the “giant triplets of racism, economic exploitation and militarism.” Dr. King also spoke of the destructive triad of "Poverty, Racism, and War." 

But on MLK Day 2023—the day that Joe Biden addressed a crowd inside Ebenezer Baptist Church—Dr. King's eldest son, Martin Luther King III, publicly and intentionally misstated his father's famous "three evils" quote by replacing the word "militarism" with the less-focused word, "violence." 

Could this omission have been in deference to Biden's pro-war politics? 

I Have a Nightmare  

I've grown tired of MLK celebrations that focus on the single phrase, "I have a dream." 

In these sanctioned ceremonies there is never a mention of the "three evils" that King warned were leading to America's "spiritual death" — poverty, racism, and militarism. 

I'm imagining a meme with an image of King's towering statue in Washington being used to hide a collection of Pentagon-budgeted, nuclear-capable missiles. 

The caption would read: "Keep dreaming, suckers." 

The Ukraine War Pitch Meeting 

Harrison Smith breaks down the absurdity of the war in Ukraine in his latest pitch meeting on The American Journal. 

 

Four Clicks to Abhor War  

World BEYOND War, "a global network of volunteers, chapters, and affiliated organizations advocating for the abolition of the institution of war" is promoting "Four Awesome Things You Can Do for World Peace," all at the click of a keypad. Here they are: 

1. Tell Congress: Move the Money from the Military to Social and Environmental Programs! 

2. Ask President Biden to Sign the Treaty on the Prohibition of Nuclear Weapons
3. Celebrate the Global Banning of Nuclear Weapons! 

4. Rally Against War in Washington D.C. on February 19!  

Kaiser's Dry January 

According to Kaiser Permanente, more people are making a resolution to start the New Year with a "Dry January"—where you swear not to sip alcohol for the whole month. This brew-break is supposed to be good for your body and mind, so KP has come up with a healthy alternative to the Piña Colada — the Piña Kale-ada. Here's the recipe: 

 

• 1/2 cup coconut milk (or 1/2 cup water or 1/2 cup light coconut milk)
• 1 1/4 cups fresh pineapple, cubed
• 1 cup baby kale
• 2 ice cubes
• 1/2 frozen banana, sliced
• https://about.kaiserpermanente.org/health-and-wellness/recipes/pina-kale-ada

Fashion Plates 

A collection of personalized license plates glimpsed about town: 

• Black BMW: AG DIGTL (An Attorney General with a Smartphone? A hands-on agriculturist?)
• Black Volvo: ORKIDS (A florist or a tight-knit family from Oregon?)
• Dark blue vehicle: QRESONE (Question Reason?)
• Black Alfa Romero Giulia Super: UAW 658 (A proud member of the United Auto Workers' Ohio division?)
• Black van: I1L1L1 ("I Won-El One-El One"?)
• Blue Ford Mustang: BAPA111 (Beats me.)
• Buick Enclave: HOJOSAM (Haven't a clue.)

Trump's Trading Card Grift Exposed 

 

Daily Kos newshound Kurt Eichenwald recently sniffed out some tantalizing teases about The Former Guy and the "business partners in his sleazy trading card grift"—a reference to a self-indulging series of cards with cartoons showing Trump dressed up as a cowboy, a soldier, an astronaut, and a superhero. 

Eichenwald was amused to discover that Trumpsters who acquire these non-fungible tokens (NTFs) "don’t even fully own them." If they can ever find a buyer for any of their digital cards, "they have to kick back 10% of the sale price to Trump and his fellow grifters." 

Trump doesn't make these NFTs, of course. That's handled by a licensing company called CIC and a "skuzzy" New Jersey-based entity called NFT International, LLC. 

Eichenwald traced CIC "to a mailbox at a UPS Store in a strip mall in Utah" and then "to an office building in Wyoming, and finally to a tiny brick house in Cheyenne" that is said to be a "corporate 'home' for scores of business entities, including a huge number of fraudsters and international criminals." 

Among those registered with Wyoming Corporate is a New Jersey company that has profited by selling military car and tractor-trailer parts to the Defense Department and former Ukrainian Prime Minister Pavlo Lazarenko, "who was once ranked the eighth-most corrupt official in the world by watchdog group Transparency International." 

In 2004, Lazarenko was ordered to spend eight years in a California prison "for money-laundering and extortion" for his role in "a scam that used shell companies and offshore bank accounts to hide stolen Ukrainian government funds." According to Eichenwald, Wyoming Corporate's clients also include Ira N. Rubin, an alleged fraudster sued by the Federal Trade Commission in 2006 for employing "at least 18 different front companies to hide his role as a credit-card processor for telemarketing scams." 

They Call It Democracy 

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/ 

   

We have been looking at the meaning of having people in uniform patrolling city streets with military weaponry. It is not a joke. It has led us to describe three levels of social violence, each one linked to police desires for a soldier’s attitude toward the people.

First, there is the violence that the insecurity of common ordinary life forces on people. Not all people, and not even many, but some, enough for the cops to use as propaganda about a “crime wave” by which to gain access to military weapons. They claim that, because there are so many weapons “out there” in people’s hands, they need fire-power equal to that. We hear about robberies, or beatings, or mass shootings by some guy who has lost it. And we have police brutality to serve as a role model for those people.

Second, there is the violence and the brutality of the police themselves. It emerges from their arrogance, and the power they have through their Command and Obedience Paradigm, which they use to set certain people up for execution. The Command and Obedience Paradigm brings a military style of presence into the middle of civilian life by making each cop a commanding officer, thereby providing every person with the threat of being charged with “disobedience.” It is a technique by which a cop can pick on someone, give them a humiliating command, and when the person refuses to obey, get violent with him or her. 

And third, there is the structure of racialization, which the cops engage in. The structure of racialization is the machinery, run by white supremacy, by which this society is divided into races, a hierarchy of social identities (described in some detail in part 3 of this series). "Race" is something one group of people does to others, turning them into "castes" (as Isabel Wilkerson calls them). But it really divides society hierarchically into the racializers (white people who enact the racialization of all others) and the racialized (the form of subordination reserved for each other group). 

And like clockwork, we see it all used again and again. During the first weeks of this new year, there was a mass shooting in Half Moon Bay, and a man named Tyre Nichols was beaten so badly by the cops after a traffic stop that he dies in the hospital, and there are heavy demonstrations in Atlanta over the police killing of an activist trying to save a park from development into a massive police academy, like a southern version of Berkeley’s People’s Park. 

In the first, an Asian man goes berserk during an Asian festival, and shoots 7 people dead. Someone said that it was probably over job issues. In the second, the police beat a black man to death after the police cause an "encounter" (giving orders) with the motorist, causing him to run for his life, and then be beaten to death when caught. And finally, in Atlanta, the white power structure is given priority over the desires and needs of the people to their own territory, in what is clearly an element of a local class struggle, the people against the agency of white racial rule. 

And it just keeps happening. It happened to Keenan Anderson in Los Angeles, on Thursday, Jan. 12, 2023. Anderson, a black man, was involved in a traffic accident. He signaled to LAPD to stop and give them (him and the others in the accident) some assistance. The cops throw him to the ground and try to handcuff him. And the usual thing occurs. He is seen in the cop’s lapel video lying there on the street, and the cop is yelling at him, “Stop or I’m going to tase you.” Stop what? He is lying on the street. Why is he lying on the street? 

And that is where the hype starts. The cops make it appear that he was running away, a fugitive from traffic justice. They make it appear that he was resisting their brutality, a brutality they claim he had brought upon himself. And the police say they are investigating if Anderson had been under the influence of substances when they killed him. He’s dead. It is too late to ask if he was under the influence of a substance. Perhaps they want to use his substance abuse as the reason he died, with the implication that, as a criminal, they were right to kill him. 

Two other black men were shot and killed by the LAPD during the first week in January, Takar Smith, and Oscar Sanchez. One was called mentally ill, and was shot to death in his own home; and the other was called homeless, and was shot to death somewhere unspecified. 

Happy New Year, 2023. 

Though these men died in Los Angeles, California, where military equipment is being offered to the police, neither of these death required additional armament. They were killed by cops with their hands on their own equipment. It is not the military equipment that needs to be evaluated, but the men and women in the PDs of California and throughout the US that need to be reevaluated. 

During 2020, entire cities across the country were being shut down by crowds of people outraged by the extent to which the cops were killing people of color. This was when the murder of George Floyd and Bryonna Taylor were adopted as icons for a movement for curtailing the police. And a principle demand of those movements was to “defund the police” and substitute professional intervenors for them, people who could talk to the people on the street like human beings. But the idea of defunding the police brought about a large counter demand. The police pointed out that there was a new crime wave building. And the defunding idea sank into the background. 

In two places of note, however, it actually started to take hold: Portland, Oregon, and Minneapolis, Minn. Minneapolis set up the most radical project to replace the police. It started with the perspective of engaging the communities in the process of figuring out a replacement, and inventing a new form of personal security in the neighborhoods. This reinvention of the police was to be tried in operation first before having City Council make the change. But first, the mayor turned against the idea, and then some other councilmembers. And so the idea was shunted over into the use of intervenors to investigate cases of mental illness or emotional disturbance without cops being brought in and scaring people with their weaponry. 

And then, on April 11, 2021, Daunte Wright was shot at a traffic stop. And the police went back to their old tricks. The cops demanded that he get out of his car, and he asked them why. They said they would discuss it after he was out. When he got out of the car, they tried to handcuff him. He refused the cuffs and he was shot. 

Portland, Oregon, had already been wrestling with police brutality. The Dept. of Justice had been brought in to engage with the police to attenuate its violence toward people with “mental illness.” By 2019, a voluntary citizen’s group called the Portland Committee for Community-Engaged Police was empaneled to make an evaluation of community trust, and to oversee its success in dealing with its many issues; viz. racial bias, mental health insensitivity, public safety, houseless people, traffic stops, etc. During the 2020 demonstrations against police brutality, Portland’s city center was taken over by citizen groups as liberated territory. And then, in 2022, Portland police shot and killed 4 people in different incidents. 

They just don’t seem to know how to stop doing that. 

An alternate Plan 

I would like to propose an alternate plan. It is one that returns to the US Constitution, and does so in terms of an element of that Constitution that has been all but forgotten. Instead of trying to reform what police are doing, this proposal would respond to their propensity for violence with a thing called "democracy." 

It is not democracy as we have been led to understand it; that is, our having only a vote about what other people have decided. Democracy means participation in policy-making, that is, in that part of the democratic process before there is a vote, and to which the vote then makes reference. Democracy should mean: those who will be affected by a policy will be the ones who make the policy that will then affect them. 

There is a hidden element of this democracy in the Constitution’s judicial structure. It is there as a phrase in a couple of clauses about Rights. In the 5th Amendment, it says: “No person shall be … deprived of life, liberty, or property, without due process of law.” And it appears again in the 14th Amendment, where it says: “Nor shall any State deprive any person of life, liberty, or property without due process of law.” 

Those are the only two places in the Constitution that the little phrase, “due process of law,” appears. It doesn’t appear in the section on property, nor in the section on judiciality, nor in the section that sets up the legislature. It appears only where the Constitution offers guarantees of personal and private rights. Yet as a guarantee of private rights, it presents itself as a great equalizer. It can equalize between organizations and individuals, neutralize the power disparity between corporations and individuals, or become an equalizer between state agencies (like the police) and individuals. All it requires, as part of the Constitution, is recognition and a call to use. 

How does it work? 

When the Constitution says that no person shall be deprived of life, or liberty, or property without due process of law, it means that due process must precede that deprivation to be lawful. It doesn’t specify who or what would be qualified to bring the law to each case; only that the process due a person to be deprived occur first. 

What this mean is that there could be a meeting of people, whether of judges or lay persons, whether of people from the person’s block or from their community, who would hear both sides. For instance, to be deprived of liberty (by handcuffing), or of property (by police seizure of houseless encampment items), or a person’s life (by shooting them), implies that the person to be deprived had to have a chance, was "due" a chance to argue against that deprivation before it could occur. Right there in front of everybody, onlookers and tourists and friends, the cop who wanted to handcuff a person would have to make an argument about why he wanted to handcuff the person. 

A cop would have to stop before drawing his gun and ask for a body of community members to come and approve or deny his ability to do so. And similarly, he would have to call upon a group of community members before raiding a homeless encampment. In short, in order to deprive a person of a private right, the cop would have to call for such a meeting of neighborhood people, and they, as duly constituted residents, would fulfill such proceedings as “a tribunal with the power to decide the case” (from Black’s Law Dictionary). 

Such a body could be duly-constituted in the moment ("duly" as in "due"), collected from the community, or the block, or a crowd that had gathered. And its necessity (constitutionally) would mark a break with a cop’s habit, with their tradition, with their thinking about their violence as what “goes without saying.” 

Clearly, under such a system, the cops would lose their power to execute people on the spot. They would lose the ability to engage a person in a Command and Obedience Paradigm preparatory to shooting them. And they would lose the ability to further the interests of a structure of racialization, once having to make an argument for it to a body of the person’s community. 

The people so constituted as a body to hear this “due process” would not need to know any law. They would hear the cop asking for permission to handcuff the person (or to shoot them), and the person arguing against his deprivation of liberty or life in that way. That would be the whole of the argument. There would be only one question of law. It would involve the statements made in the two Constitutional Amendments. 

That might not be the case for other issues, involving other officials and other rights – the rights of corporations as "persons," for instance. But while the issue would be the private rights of "human" persons, the principle would be the ability of a person to respond to a cop’s desire to deprive them of their rights. Just think of what would happen to city politics if the homeless, defending their encampment, could do so before a body consisting of members of a neighborhood association and local home owners and renters. The very fact of dialogue would be revolutionary. 

Black’s Law Dictionary says, for “due process,” “The conduct of legal proceedings according to the rules and principles established in the systems of jurisprudence for the protection and enforcement of private rights, including notice and the rights to a fair hearing before a tribunal with the power to decide the case.” One of the principles of the US system of jurisprudence is that one be tried by a jury of one’s peers. So that is already a principle practiced in the judicial field. But Black’s Dictionary also says that this has to do with enforcement, the “enforcement of private rights.” And in the cases we are studying, this would mean protection from the cops. 

The Constitution neither defines who can be on such a tribunal, nor what their tasks would be once included in it. In line with Black’s description, their role in adjudicating “due process” would not require anything more than an ability to reason from the arguments given, as peers of the person subjected to the cop’s proposed deprivation. 

Of course, the police could decide to press charges, based on probable cause. But the establishment of “due process” would prevent the cop from engaging in their usual circular logic of arresting a person for resisting arrest. To arrest a person for resisting arrest implies that one had a prior reason to arrest them. But if that reason comes into play only through the actions of the cop, then there would have been no legitimate reason to arrest. As wholly generated by the cop through procedures, it loses its logical meaning. It is only the cop’s volition (perhaps expressed through the Command Paradigm) that the person is violating, and not the law. 

If the cop was going to arrest the person for disobedience, the cop becomes both the source of the person’s misdemeanor and the agent who sets him up for arrest. Arrest for disobedience would lose its meaning in the same way that arrest for resisting arrest does. In both cases, the offense was created by the cop himself, with no relation to anything the person had done in the real world. 

It is in that way that due process would become a great equalizer between a state agency (like the police) and an individual. Each would have equal say, arguing for and against the cop’s action, under the oversight by a community body called to adjudicate the issue. 

In short, this application of “due process” would amount to a serious democratization of policing. And if the cops stopped someone on a rural road, with no one around, they could not deprive that person of any of his rights in the absence of a body that could adjudicate it.

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. 

 

When I left high school, I was saddened to discover that the group of sorry individuals who harassed, defamed, and bullied me in public school were still around, wanted more, and couldn't give it a rest. Much of the time, it seems as though bullies never relent, and often are quite tenacious. It isn't good enough that they humiliated me for years when I was in that prison system that we call public school; they needed more.

To this day it seems as though there are some who cannot handle the concept that I could become a success in life. To stop these boneheads from continuing to defame me and find other ways to disrupt my progress, at some point I will need to invent a deterrent. I'm thinking about it. Partly, I need a way of pinpointing the responsible individual(s). It seems as though many of the problems are delivered with anonymous methods. I won't be specific. You'll just have to take my word for it, or not. 

Those who can't handle it when someone else does well, are everywhere. And they don't easily give up. I became ill in my late teens in part because of the level and quantity of harassment I experienced. Looking back on it, it was humiliating, and it was constant. But it was not the worst thing that could happen to someone. 

Life got harder when I got older. I wanted to be successful in some sort of acceptable career. It didn't matter so much what it was. Writing is the profession I finally decided on. Time will tell whether I achieve my goals in this profession. 

But for anything I try, I am battling against someone or something. My symptom of delusions has a way of causing me to personalize everything. And I am only now developing a good system for understanding events. This will allow me to understand more of why so many people get offended, have been offended, and continue to be offended by the fact that I am alive and living among them. 

I went to the Nob Hill supermarket this morning to get some food and some flowers for my wife. Police, by coincidence, left the store at the same time I did. I wondered about it. Did someone at the store summon police because a mentally ill man was shopping there? Many people seem to know who I am and to report to their comrades that I was spotted in public, at a specific place and time. I've gotten phone calls of people asking me why I was at a particular place where I'd been spotted. It seems I am unpopular among many. And they seem to presume criminality. 

Not only am I fodder for sadistic people in positions of influence, but also my very existence is so offensive as to be a crime. I'm targeted among those who believe they are trying to protect the community from big bad wolves like me. 

Are people afraid of me? I look in the mirror and I don't get scared. When people see me, they don't seem to see an intelligent person. Something about how I'm coming across makes people incorrectly believe I'm a thug. The reality is that you cannot judge a book by its cover, and you should not try to judge a person by their physical appearance, by their mannerisms, and by their choices in clothing. 

I'm mentally ill. In years past I have wandered the streets in Martinez and Concord while in a psychotic state. Did people's interpretations of these events create a precedent? 

I shouldn't let it get to me, but it does. The fact of wanting to be a more successful writer is affected by all of this, because I don't know what individuals could be interfering by how much, or by what their methods might be. 

The privileged are uninformed about many things from which their money insulates them. They don't understand what it is like to be on the receiving end of the abuses that poor people go through. The U.S. Government harasses poor people who, to survive, must obtain medical and cash benefits. And in return for this, there are endless hoops to jump through, some of which border on harassment. The rich resent that their tax dollars pay for the bare necessities for poor people. But if you don't want your tax money spent on this, you must create a level playing field so that someone can succeed based on their work and not on any other criteria. 

People are discriminated against because they didn't go to college and learn to regurgitate college-type material. People are discriminated against because in their pasts, they made dumb mistakes that you won't let us forget about. People discriminate against us because we are not of their faith or lack thereof, and not wealthy. 

A person can educate oneself. It is done partly by asking questions. And it can be done by other means--observation and reasoning, or maybe studying a manual. You need not be Christian, Buddhist, Muslim, what-have-you, to behave according to some level of ethics--on the contrary. Some Christians seem to believe they can do whatever they want because they are "forgiven." I don't forgive you. But you are welcome to apologize. 

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Jack Bragen is author of "Revising Behaviors that Don't Work," and lives in Martinez.

Dr. Khalidi is a professor of modern Middle Eastern history at Columbia University. He has warned the Biden administration is in serious danger of violating International Law affirming former President Trump’s reckless decision to recognize Jerusalem as Israel’s capital. This decision is a break from 70 years of established US policy. Biden should reverse Trump’s decision to build a new US embassy on stolen Palestinian land. Khalidi was able to prove that his family and other Palestinians had title to the land which was rented to the British prior to the creation of Israel in 1948. It is time to state the obvious, Israel has never been a democracy. It has become a far-right theocratic society. The current fragile coalition has no intention of reaching an amiable accord with the indigenous Palestinians but has every intention of expropriating more land in the Occupied West Bank. To any doubting Thomases, I would like to remind them, “occupied” denotes Palestinians are prisoners on their own land, and a two-state solution is just a cruel joke. Our tax dollars should not be used to prop up an apartheid, racist, society.

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:

Busy week ahead

• Sunday: Equity Summit at 6 pm
• Monday: The Public Safety Committee at 10:30 am reviews BPD extra duty (overtime) policy. THE GO TO MEETING is the Agenda Committee at 2:30 pm with two Droste measures on the agenda for review. Item-10 BERIPE limits legislative submissions from the mayor and councilmembers and item-11 limits public comments at City Council meetings by combining consent and action items into one public comment. From 6 – 7 pm Speaking Up For Point Molate will host a (ZOOM) presentation on the River Otter Ecology Project.
• Tuesday: City Council starts at 4 pm with the T1 funding shortage followed by the regular City Council meeting at 6 pm. Agenda item-21 at the regular Council meeting is the appeal of 2065 Kittredge. The appeal is in regard to detrimental impacts to workforce and failure to provide community benefits. Also, the Police Accountability (PAB) Board meets at 6:30 pm.
• Wednesday: The 4 x 4 Task Force meets at 3 pm with the demolition and evictions ordinances on the agenda. The Board of Library Trustees (BOLT) meets at 6 pm followed with a special meeting at 6:30 pm on long term goals. The Disability Commission meets at 6 pm with a disaster registry and IKE Kiosks on the agenda. The Homeless Services Panel of Experts meets at 7 pm with recommendations for Measure P funding of multiple homeless programs/services. The Planning Commission meets at 7 pm and will conduct a public hearing on the demolition ordinance and provide a scoping session for the Pacific Steel Casting site EIR.
• Thursday: The Housing Advisory Commission (HAC) and the Landmarks Preservation Commission (LPC) both meetings are at 7 pm. The LPC will consider three demolition requests

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 29, 2023  

BERKELEY EQUITY SUMMIT ALLIANCE #11 from 6 – 8 pm  

Videoconference: https://bit.ly/ESummit10 

Teleconference: 1-669-900-6833 Meeting ID: 862 4297 8741 Passcode: 729545 

AGENDA: Building Black Power 

This event is BIPOC led and organized in collaboration with Friends of Adeline 

Monday, January 30, 2023 

City Council PUBLIC SAFETY COMMITTEE at 10:30 am 

Videoconference: https://cityofberkeley-info.zoomgov.com/j/1604574711 

Teleconference: 1-669-254-5252 or 1-833-568-8874 (toll free) Meeting ID: 160 457 4711 

AGENDA: 3. Review of Policy 1043 Extra Duty (Policy on Police Overtime). 

https://berkeleyca.gov/your-government/city-council/council-committees/policy-committee-public-safety 

AGENDA AND RULES COMMITTEE Meeting at 2:30 pm 

Videoconference: https://cityofberkeley-info.zoomgov.com/j/1618949724 

Teleconference: 1-669-254-5252 or 1-833-568-8864 (toll free) Meeting ID: 161 894 9724 

AGENDA: Public Comment on non-agenda and items 1 – 7. 1. Minutes, 2. Review and Approve the 2/14/2023 draft agenda – (use link below or read full draft agenda after calendar of city meetings), 3. Berkeley Considers, 4. Adjournment in Memory, 5. Council Work Sessions, 6. Referrals for scheduling, 7. Land Use Calendar, Referred Items for Review: 8. COVID, 9. a. Youth Commission – Adding a Youth Member to the Environment and Climate Commission, b. Environment and Climate Commission – Refer to CMngr for feasibility and draft language if feasible, c. Harrison – Adopt Ordinance BMC 3.82 modifying membership and appointment procedures 9. Discussion Regarding Design and Strengthening of Policy Committees, 10. Droste – Bureaucratic Effectiveness and Referral and Improvement and Prioritization Effort (BERIPE) – limits legislation submissions from councilmembers, 11. Droste – Reforms to Public Comment at City Council meetings – limits public comment 12. Discussion of Potential Changes and Enhancements to the City Council Legislative Process, Unscheduled Items: 13. Supporting Commissions, Guidance on Legislative Proposals, 14. Discussion regarding design and strengthening of Policy Committee Process and Structure (including budget referrals). 

https://berkeleyca.gov/your-government/city-council/council-committees/policy-committee-agenda-rules 

CITY COUNCIL Closed Session at 4:30 pm 

Videoconference: https://cityofberkeley-info.zoomgov.com/j/1613261723 

Teleconference: 1-669-900-9128 or 1-877-853-5257 (toll free) Meeting ID: 161 326 1723 

AGENDA: 1. Conference with legal counsel on existing litigation a. Schmeier v. CoB Alameda Superior Court RG 19036596, b. Owens v. CoB US District Court, Northern District Case No. 22-cv-02715-YGR, 2. Conference with legal counsel on pending litigation Workers Compensation Appeals Board a. Case ADJ835942, b. ADJ9211119, ADJ15749921, ADJ15521282, c. ADJ3710721, 3. Conference with real property negotiators 830 University, CoB, Lifelong Medical Berkeley Free Clinic. 

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

LOAN ADMINISTRATION BOARD at 4 pm 

Videoconference: https://us02web.zoom.us/j/89360272628?pwd=NDVxRHdqRVROWGoyZjBHL2h5WURPZz09 

Teleconference: 1-669-444-9171 Meeting ID: 893 6027 2628 

AGENDA: B. State of the Revolving Loan Fund 

https://berkeleyca.gov/your-government/boards-commissions/loan-administration-board 

SPEAKING UP for POINT MOLATE from 6 – 7 pm 

Videoconference: https://tinyurl.com/2kb32ds4 

AGENDA: Megan Isadore, Executive Director of the River Otter Ecology Project presenting with photos and videos 

Tuesday, January 31, 2023 

CITY COUNCIL Special Meeting at 4 pm 

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

Teleconference: 1-669-254-5252 or 1-833-568-8864 (toll free) Meeting ID: 161 076 1302 

AGENDA: 1. Ferris – Provide Direction on closing the $3,215,000 - $4,515,000 funding gap to complete Measure T1 Phase 2 Projects. 

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

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: 161 076 1302 

AGENDA: Use the link below and then choose the Html option or see the agenda listed at the end of the calendar. 

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

POLICE ACCOUNTABILITY BOARD at 6:30 pm 

Videoconference: https://us02web.zoom.us/j/82653396072 

Teleconference: 1-669-900-6833 Meeting ID: 826 5359 6072 

AGENDA: 3. Public comment on agenda and non-agenda items, 5. ODPA staff report, 6. Chair & Board member reports, 7. Chief report, 8. Subcommittee report on policy and practice relating to Downtown Task Force and Bike Unit, 9. Update regarding future access to BPD Internal Affairs reports and information, 10. a. Election, b. Possibility of presentation on Early Intervention Systems, c. Budget review and BPD overtime usage, and a CLOSED SESSION. 

https://berkeleyca.gov/your-government/boards-commissions/police-accountability-board 

Wednesday, February 1, 2023 

4x4 JOINT TASK FORCE COMMITTEE ON HOUSING: Rent Board/City Council at 3pm 

Videoconference: https://us06web.zoom.us/j/82863248059?pwd=SGtvRlNjMStLclZNNmRmdi9objhWQT09 

Teleconference: 1-669-900-6833 Meeting ID: 828 6324 8059 Passcode: 302897 

AGENDA: 6. Discussion and possible recommendations on a moratorium on rent increases, 7. Discussion and possible recommendations to City Council regarding amendments to the Demolition Ordinance, 8. Discussion and possible action regarding the expiration of the Eviction Moratorium BMC 13.110 and amendments to the COVID-19 Emergency Response Ordinance. 

https://berkeleyca.gov/your-government/city-council/council-committees/4x4-joint-task-force-committee-housing 

BOARD OF LIBRARY TRUSTEES (BOLT) Regular Meeting at 6 pm 

BOARD OF LIBRARY TRUSTEES (BOLT) Special Meeting at 6:30 pm 

Videoconference: https://us02web.zoom.us/j/86042306505 

Teleconference: 1-669-900-9128 Meeting ID: 860 4230 6505 

AGENDA: 6:30 Special meeting under action to discuss and explore longer-term goals and opportunities for Board development. 

https://www.berkeleypubliclibrary.org/about/board-library-trustees 

COMMISSION on DISABILITY at 6 pm 

Videoconference: https://us02web.zoom.us/j/83792234648?pwd=d1BSZWNrSTAzSkY2WldPaXFwY1FPdz09 

Teleconference: 1-669-900-9128 Meeting ID: 837 9223 4648 Passcode: 053118 

AGENDA: B.Action: To change future meeting time to 3 pm, C. Discussion/Action: 1. Voicemail Accessibility, 2. Representative for Hopkins Project, 3. Return to in-person, 4. Inclusive disaster registry, 5. IKE Kiosks, 6. Discussion whether to sign on to Pathways Center Demand letter. 

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

HOMELESS SERVICES PANEL of EXPERTS (HSPE) at 7 pm 

Videoconference: https://zoom.us/j/92491365323 

Teleconference: 1-669-900-6833 Meeting ID: 924 9136 5323 

AGENDA: 6. Recommendation on approving Measure P funding for new application for Project Homekey, 7. Recommendation on approving Measure P funds for Encampment Resolution Funding Program with motel leasing, matched by state, 8. Recommendation for centralization of inclement weather needs, 9. Recommendation on identifying another RV parking lot with safety inspections, waste management funded through Measure P, 10. Affirm recommendations for crisis stabilization center and domestic violence transition house funded through Measure P, 11. RFP for outreach treatment fentanyl use, 12. Recommendation to Council that City contract with monitors and review disability accommodations to all agencies. 

https://berkeleyca.gov/your-government/boards-commissions/homeless-services-panel-experts 

PLANNING COMMISSION at 7 pm 

Videoconference: https://us06web.zoom.us/j/89522096702 

Teleconference: 1-669-900-6833 Meeting ID: 895 2209 6702 

AGENDA: 10. Preparation for in-person meetings, 11. Public Hearing Demolition Ordinance, 12. EIR Scoping session Pacific Steel Casting Zoning and General Plan 

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

Thursday, February 2, 2023 

 

HOUSING ADVISORY COMMISSION at 7 pm 

Videoconference: https://us06web.zoom.us/j/89440679916 

Teleconference: 1-669-444-9171 Meeting ID: 894 4067 9916 

AGENDA: 7. Approve funding for future Homekey project, 8. Discussion and possible action on Fair Access and Transparency in the Residential Application Process Study Session, 9. Update on Council Jan 17 on in lieu mitigation fee action & 18 Housing element with by-right demolition of single family homes if replaced with multi-unit middle housing. 

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

LANDMARKS PRESERVATION COMMISSION at 7 pm 

Videoconference: https://us06web.zoom.us/j/87938425666 

Teleconference: 1-669-444-9171 Meeting ID: 879 3842 5666 

AGENDA: 6. Pacific Steel Casting Zoning and General Plan Amendments and Environmental Impact Report (EIR) Scoping 

7. 1919 Addison – structural alteration permit - for Bonita Apartments 

8. 1911 Fourth Street – structural alteration permit - for Spenger’s Fish Grotto 

9. 2900 – 2920 Shattuck at Russell– demolition referral 

10. 1548 University at California – demolition referral 

11. 1598 University at California – demolition referral 

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

WETA at 1 pm  

Videoconference: https://us02web.zoom.us/j/89718217408 

Teleconference: 1-669-900-6833 Meeting ID: 897 1821 7408 Passcode: 33779 

AGENDA: 5. Staff Reports, financials, legislative updates, Monthly ridership, 6. Remote meetings, 7. Mitigated negative declaration and monitoring and reporting Alameda Street Ferry Terminal Refurbishment Project, 8. Award Alameda Ferry Terminal Project to Mason Construction, 9. FY 2024 Fare program 

https://weta.sanfranciscobayferry.com/next-board-meeting 

Friday, February 3, 2023 - No city meetings listed 

Saturday, February 4, 2023 - No city meetings listed 

Sunday, February 5, 2023 - No city meetings listed 

++++++++++++++++ 

 

AGENDA AND RULES COMMITTEE Meeting at 2:30 pm 

DRAFT AGENDA for City Council Regular Meeting February 14, 2023 

Videoconference: https://cityofberkeley-info.zoomgov.com/j/1618949724 

Teleconference: 1-669-254-5252 or 1-833-568-8864 (toll free) Meeting ID: 161 894 9724 

https://berkeleyca.gov/your-government/city-council/council-committees/policy-committee-agenda-rules 

AGENDA on CONSENT:  

1. 2nd reading - Citywide Affordable Housing Requirements
2. Finance – Formal bid solicitations $2,124,000
3. Sprague – Contract 47QTCA20D004Y for $200,000 3/1/2023 – 1/22/2025 not to exceed $300,000 in total with one 2 yr extension to 1/22/2027 with Public Consulting group for Professional Services related to ground emergency transport (GEMT), QAF, IGT, PP-GEMT
4. Sprague – Contract $700,000 5/1/2023 – 4/30/2025 with Forster & Kroeger Landscape Maintenance for chipping services
5. Warhuus – Revenue contract $293,705 2023 Community Services Block Grant 1/1/2023 – 5/31/2024
6. Warhuus – Contract add $228,850 from Measure P total $348,850 with Dorothy Day House for the inclement weather shelter program and amend contract 31900284 add $190,260 to operate inclement weather shelter for up to 127 nights from 12/3/2022 – 4/15/2023 for a total amount not to exceed $4,211,173
7. Warhuus – Contract $107,890 with Resources for Community Development (RCD) for MLK Jr House – Mental Health Services Act Operating Support to monitor 12-room, transition Single-Room Occupancy housing development
8. Mills Act Contract – 2523 Piedmont
9. Mills Act Contract – 2119 Maring
10. Garland – Authorize funding agreement $648,000 with AC Transit to supplement quick-build Durant Transit Lane Project
11. Arreguin – Berkeley Rotary Endowment

AGENDA on ACTION 

12. Robinson – Refer $250,000 to FY 2023 budget process for Southside Impact Nexus Study

INFORMATION REPORTS 

13. CMngr – Referral Response: Home Share Program
14. LPO NOD 1767-1771 Alcatraz

+++++++++++++++++++ 

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: 161 076 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 canceled 

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 

April 18 – Hopkins Corridor Plan 

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 

 

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.

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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 

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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. 

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* 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