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Good to go.

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Good to go.

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Yes, we are ready.

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All right, very good. I'm going to call to order the Berkeley City Council meeting.

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Today is Tuesday, June, and you, where are you? Excuse me, January 20th, 2026.

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And I'd like to start off with the roll, please.

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Okay, calling the roll, council member, Councillor Wany.

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Here.

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Taplin.

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Bartlett.

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President.

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Tragab.

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President.

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Okay.

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Here.

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Black.

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Here.

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Unapara.

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Here.

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Humver.

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President.

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And Mayor Ishi.

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Here.

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Okay, all present.

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Thank you very much.

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So it is the first meeting back after our winter council recess.

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And we have been taking turns saying the land acknowledgement statement.

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So I'm beginning the year. I'm going to start us off.

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So the city of Berkeley recognizes that the community we live in was built on the territory of Huchun.

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The ancestral and unceded lands of the Chocenio speaking, alony people.

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The ancestors and descendants of the sovereign verona band of Alameda County.

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This land was and continues to be of great importance to all of the alony tribes and descendants of the verona band.

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As we begin our meeting tonight, we acknowledge and honor the original inhabitants of Berkeley.

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The documented 5,000 year history of a vibrant community at the West Berkeley shell mound.

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And the alony and the alony people who continue to reside in the East Bay.

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We recognize that Berkeley's residents have and continue to benefit from the use and occupation of this unceded stolen land since the city of Berkeley's incorporation in 1878.

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As stewards of the law regulating the city of Berkeley, it is not only vital that we recognize the history of this land,

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but also recognize that the alony people are present members of Berkeley and other East Bay communities today.

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The city of Berkeley will continue to build relationships with the Lishan tribe and to create meaningful actions that uphold the intention of this land acknowledgement.

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Thank you.

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Now moving on to our ceremonial items.

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So for our ceremonial items this evening, we have the presentation of Berkeley's Poet Laureates.

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So.

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So tonight we recognize Ayah De Leon, Berkeley's 2024 to 2025, Poet Laureate, and thank her for her.

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Where are you?

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Oh, there you are. There you go.

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And thank her for her extraordinary service to the city.

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Ayah's work has powerfully uplifted poetry as a tool for justice, storytelling, and community connection.

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I had the honor of having her present a poem at my inauguration ceremony a little over a year ago.

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I thank her for her leadership, generosity, and vision, which have strengthened the Berkeley's literary arts community in lasting ways.

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And we are deeply grateful for her contributions to our community.

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We are also honored to welcome Hanan Musri.

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As Berkeley's next poet laureate, Hanan is a longtime Berkeley educator, poet, and cultural worker whose practice centers land ancestry and an intergenerational learning.

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Her work reflects a deep commitment to youth, community, and creative stewardship.

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And we are excited for the voice and also the mentorship that you will bring to the city in this role.

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At this time, I am pleased to invite Ayah De Leon and Hanan Musri forward for the ceremonial passing of the Laurel.

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I do want to acknowledge that we have Berkeley's first poet laureate in the house as well.

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So this was supposed to be a ceremonial passing of the Laurel, but because I'm always doing too much.

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We have an actual Laurel.

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Hanan Musri, I am overjoyed today to pass on the mantle of Berkeley's poet laureate to you tonight.

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As many of you know, I am no fan of royalty, as my multiple, no king's line dances will attest.

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But I want to actually crown you tonight, not with gold or jewels, but with a garland of olive branches.

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Representing olive trees, which are so important to your people's homeland of Palestine and as symbols of peace, which is so desperately needed in these times.

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I look forward to working with you during your term as cultural workers together in the fight against authoritarianism and injustice everywhere to support and inspire our movements for democracy and liberation which are growing in our commitment and capacity to win.

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To be aware of what we can find a model and experience around myself.

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Did you want to say anything?

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Yeah, you've got, there we go.

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Oh, thank you, thank you Berkeley for this honor.

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What great before and ahead, but maybe it's not a line of succession.

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Maybe we're all standing in a circle and facing one another from all our star points.

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Thank you, I already, for your encouragement and blessings.

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You are one of my aspirants and to be relating, as we are, is a dream in its rose stage.

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Raphael Hismus Gonzalez, the city's first and a member of my chosen family that I have just come to understand.

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Thank you for your work, which re-orients my heart when it is lost.

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I carry one of your poems with me this eve to give me courage.

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There are so many people and places that are sacred to me, many of them rooted in this city.

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To book with hedge the first racially integrated school in Berkeley, the place of my teaching grounds for nearly three decades.

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Thank you, Jane Friedman, Betsy Wilson, Marty Mogensen, Diane Burke and Donna Nicholson

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for taking a chance on a teacher in her embryonic stage and giving her ample guidance and room to grow.

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Laura Farha, Hibernumer, Dunya Alwan, Zapodicinson, Patricia West.

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I am alive because of you and I mean that.

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I wrote scholars, my dream camp, let's keep packing up suitcases and keep uncovering the respondents of this world.

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And to my knees, my beloved, my life Valentine Samantha, I am with you and I am for you.

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Remember that.

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This poem is called Green.

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Oh, Berkeley, you gorgeous poem.

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Whether you are to batten-bling and you crack to fulfill the filth of the earth, you know the center, crispy and green,

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because I know you got that parsley from the Arab Spring.

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Berkeley healed my heart.

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It was here that I met her.

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My heart leapt out of my chest like a hot thorn tree in winter.

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I listened to Al Green, foraged for city sorrow, stuffed that verdant tang in dough and called it dinner.

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Ample, make this bed.

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I trace my finger across the snap past wars and gardens, as wars and emeralds from Houtian to here.

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I love note nestled between ancient humps of breaststone.

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The favorite city's green line.

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There are no grenades.

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Instead, sieges, mint, thyme, margarim, the shepherds keep a pinch of zotter in their pockets.

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Steady the nerves, some mac brightens the blood, and olives stain our DNA.

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Five hours, and I'm not sure when I'm going to leave this room.

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All of us there, midnight's children.

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How do you make your grass grow?

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Show us your W2s.

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Do you pledge allegiance to any flag with a band of green?

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In between minutes, I think of you Berkeley.

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Your placard filled windows, your justice unhushed.

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California Poppy's blooming in your front yards will never put you to sleep.

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I think of something I wish my mother had said, as Saturn's rings began to fade from around her neck.

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We tend to rescue the women.

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Electric wires of green, red splashes.

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We will make our own incisions.

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We will never beg for thread.

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My daughter, find the loudest people in the room.

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And make friends with them.

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Thank you.

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Thank you.

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Can we?

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Can we get a photo with the previous and current police?

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Can you give us a photo?

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Can you please?

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Please?

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Thank you.

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Oh yeah.

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Thank you.

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Thank you.

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Thank you.

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We are.

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Can we?

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Thank you.

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Thank you.

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Thank you so much everyone for that beautiful moment. I'm guessing so many of you are here to support them, so thank you all so much for coming as well to see the ceremonial passing on and physical passing of the of the Laurel.

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So we are now moving on to the rest of our meeting. Oh, one thing I want to say is that we have a new vice mayor. So vice mayor Lina Para is going to be the vice mayor for this next how many months is it I forget but anyway for the next few months quarter next quarter. Yes, so welcome to your new role.

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Thank you so much. And so the next thing on our agenda is our city manager comments. Any manager do you have any comments? I don't pick you. Okay, thank you very much. So now I will take public comment on non agenda matters.

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Okay, we'll draw five cards for the in person speakers and then have one minute each and then go to the speakers on participating remotely.

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Okay, this five speakers for in person public comments.

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Regent names you can come up in any order. We have Diana vendor Luis Cunio Steve Tracy Betsy Morris and Willie G.

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So come up in order. I know you're excited, but I'm going to ask that you continue your conversations outside please. Thank you. Thank you so much, especially to our young visitors.

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Okay, if you heard your name, please come on up to the front and whoever's up first can go.

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Good evening, city council members. My name is Betsy Morris. I'm speaking here as a member of the East Bay Great Panthers and a member of the state right affordable California coalition.

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About a hundred, seemingly a hundred, but it might have been fewer.

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Members, my name is Betsy Morris. I'm speaking here as a member of the East Bay Great Panthers, and a member

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of the state-wide Affordable California Coalition. About 100, seemingly 100, but it might have been

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fewer, went up to Sacramento last week in the six eight-grade Panthers. Some of us hobbling like

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very slowly, attestivating support of AB 1157, which was about forward to the Judicial Committee.

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For Democrats voted for it, three Republicans voted against it, and for Democrats simply did not show up for

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this measure, which would have lowered the cap and lessened the risk of homelessness and

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immiseration among our seniors and disabled members of our California community.

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Thank you. Thanks, Betsy. Thanks for being here.

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Okay.

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We have video B to see if we?

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We broadcast every meeting.

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Okay. I go see it up there.

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Happy New Year.

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Steve Tracy here.

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We're halfway through an old year for budget year.

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I'm wondering how we're doing.

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Are we on target for balanced budget?

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Lots of fun programs like a poet laureate, but they got to be rooted in living within our means.

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Last year, $27 million deficit has that been paid back to the pension fund and the workers' compensation fund?

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Payed back?

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Not paid back.

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Anybody know?

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I will still. We've still borrowed the $27 million and what's this year doing?

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Hey.

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Fewer employees.

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The Health Department redundant talented county was 12 million last year.

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Do we really need a 12 million health department?

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Thank you.

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Look for a way.

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Thanks for your comments.

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Who else is on?

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Yes.

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Come on up.

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We've represents the...

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Go ahead and move the mic down so we can hear you.

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Okay.

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Hello, City Council members.

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How are you?

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My name is Kelly and I have been a vendor out on telegraph.

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Pardon me?

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Yeah.

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With Diana.

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We're together.

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Diana and Kelly.

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These are the other vendors that are here.

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There's Lewis.

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There's Lewis.

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That's Diana.

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Both of your minutes.

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To me.

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Should I start over?

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Okay.

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Go ahead and start over.

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Sorry.

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Just to clarify.

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Can you pause really quick?

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Okay.

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So whose names were called?

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The two people who are sitting.

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Yes.

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Okay.

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It's all of us together.

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All right.

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Go ahead.

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Thank you.

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Hello.

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Hello, City Council members.

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My name is Kelly and I have been working out on telegraph for about 16 years.

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Every weekend.

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I am here representing not only the merchants but also the vendors.

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I'm not sure if you're aware that they changed the coding on the vendors to business licenses.

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The problem is with that is the fact that the business license that you guys are handing out.

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Now, our competing with our merchants that has never happened.

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We have rules up there that we all must abide by to make it a smooth operation.

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We have.

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And the reasons for this situation for our merchants is the example I'm going to give you.

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We have anesthetics closet.

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We have Dorothy's closet and we have all these clothing stores.

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But when you guys change the code, you allow all people to be able to vent.

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That cannot happen because it competes the vendors with the merchants.

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So you take anesthetics as closet.

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And here they are a use clothing store.

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You give a business license to another person who is a vendor to sell clothes, which has always been unlawful to do.

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Because if you give them the business license, they sell up in front of anesthesia closets.

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One pays $8,000 in rent, the other one is paying 55.

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This causes conflict.

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I am here to ask you to reinstate the code that says you can only sell on telegraph avenue with handmade goods.

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And it's hard to negotiate out there.

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As I have for the last seven years, which is just asking people have you got no their license yet.

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And usually people will answer you, yes or no, and they go back.

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The city of Berkeley has always defended us because, oh, am I done?

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Yeah, thank you.

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But I do hope that you'll write us and let us send us more information.

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Yeah, I'm not even sure if you guys know that they change the code.

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Yeah, thank you, I'm sorry, your time's up, but feel free to write us and give us more information.

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Anyone, do we have any other names?

237
00:20:44,160 --> 00:20:46,160
Yeah, Willie G.

238
00:20:46,160 --> 00:20:47,160
Okay.

239
00:20:47,160 --> 00:20:50,160
Thank you.

240
00:20:50,160 --> 00:20:55,160
Hi, I'm Andre Special and Willie G has given me his time.

241
00:20:55,160 --> 00:21:02,160
One minute it's kind of short, but I operate the cannabis virus club of Berkeley, which is America's oldest dispensary.

242
00:21:02,160 --> 00:21:09,160
We're about to celebrate 30 years of operations, and I'm here to ask that the council consider bringing back the cannabis commission.

243
00:21:09,160 --> 00:21:20,160
Take away the city cannabis tax, allow consumption, including smoking at the dispensaries, and allow only licensed Berkeley cannabis entities to deliver within the city of Berkeley.

244
00:21:20,160 --> 00:21:30,160
We are currently surrounded by businesses that don't charge tax for their cannabis sales, such as psychedelic churches, smoke shops, hemp shops, and businesses like a chain of CBD stores.

245
00:21:30,160 --> 00:21:37,160
His ownership is based out of Florida, but so many of the same products that we do without the 30% tax.

246
00:21:37,160 --> 00:21:43,160
Another example of this hardship is that San Francisco recently did away with its 5% tax.

247
00:21:43,160 --> 00:21:55,160
They don't allow businesses from out of the city of San Francisco to deliver there, but they can come here and deliver in Berkeley for 5% less than we can.

248
00:21:55,160 --> 00:21:56,160
Thank you.

249
00:21:56,160 --> 00:21:58,160
Thank you very much.

250
00:22:01,160 --> 00:22:10,160
Okay, so now we'll go to non-agenda comments from people participating remotely, and we'll call on the first 5 hands.

251
00:22:10,160 --> 00:22:18,160
If you'd like to speak to non-agenda public comment, and you're participating remotely, now is the time to raise your hand.

252
00:22:18,160 --> 00:22:22,160
The first speaker is Cheryl Davel, a former council member.

253
00:22:31,160 --> 00:22:35,160
So Berkeley City Council.

254
00:22:35,160 --> 00:22:37,160
That was the longest break.

255
00:22:37,160 --> 00:22:44,160
Other councils in the area have returned already within the last couple of weeks.

256
00:22:44,160 --> 00:22:46,160
So happy new year.

257
00:22:46,160 --> 00:22:48,160
2026.

258
00:22:48,160 --> 00:22:50,160
No more tricks.

259
00:22:50,160 --> 00:22:52,160
Let's fix.

260
00:22:52,160 --> 00:22:54,160
You should be ashamed.

261
00:22:54,160 --> 00:22:59,160
Today's day number 832, the freaking genocide.

262
00:22:59,160 --> 00:23:01,160
All of trees.

263
00:23:01,160 --> 00:23:02,160
Yes.

264
00:23:02,160 --> 00:23:05,160
That represents Palestine.

265
00:23:05,160 --> 00:23:09,160
But you don't give a flying flick of a flea about Palestine.

266
00:23:09,160 --> 00:23:14,160
Or the babies that are freezing the death and starving to death.

267
00:23:14,160 --> 00:23:19,160
And it's just really shameful.

268
00:23:19,160 --> 00:23:23,160
And please keep the tear gas band in place.

269
00:23:23,160 --> 00:23:31,160
That passed unanimously with my friend Leonette Amendment when Jesse was trying to just ban it for a short period of time.

270
00:23:31,160 --> 00:23:35,160
It needs to stay in place and shame on you.

271
00:23:35,160 --> 00:23:36,160
Thank you.

272
00:23:36,160 --> 00:23:41,160
Next is Maria.

273
00:23:41,160 --> 00:23:43,160
Maria.

274
00:23:43,160 --> 00:23:45,160
Hi there.

275
00:23:45,160 --> 00:23:47,160
It's Maria.

276
00:23:48,160 --> 00:23:51,160
My name is Maria Yates and I live in district one.

277
00:23:51,160 --> 00:24:02,160
And I was relieved to see the proposal by district one council member Kesarwani to repeal Berkeley's ban on tear gas removed from today's agenda.

278
00:24:02,160 --> 00:24:05,160
And I applaud whatever prompted this course correction.

279
00:24:05,160 --> 00:24:08,160
And I hope that we have a permanent and not temporary.

280
00:24:08,160 --> 00:24:11,160
Reprieve from the proposal.

281
00:24:11,160 --> 00:24:13,160
Thank you former council member Davela.

282
00:24:13,160 --> 00:24:20,160
I'm here in current California senator Irrigine set at the time tear gas is banned and warfare and should not be used in our streets or in our protests.

283
00:24:20,160 --> 00:24:28,160
And I did note that my email expressing my objection to the pro tear gas agenda item is missing from the correspondence list in the agenda.

284
00:24:28,160 --> 00:24:35,160
In addition to any email on that topic and I honestly I don't understand which correspondences get make it into the agenda.

285
00:24:35,160 --> 00:24:42,160
But I was disappointed to not receive a response from any member here and not to see it noted there.

286
00:24:42,160 --> 00:24:43,160
I guess I'm not sure that works.

287
00:24:43,160 --> 00:24:48,160
But again, I wish to express my gratitude to whom ever is responsible for getting this item removed from our agenda.

288
00:24:48,160 --> 00:24:50,160
I hope the council's attention can remain.

289
00:24:50,160 --> 00:24:51,160
Thank you.

290
00:24:51,160 --> 00:24:52,160
Thank you.

291
00:24:52,160 --> 00:24:53,160
Thanks Maria.

292
00:24:53,160 --> 00:24:54,160
Thank you for your comment.

293
00:24:54,160 --> 00:25:01,160
Next is a collar with a phone number ending in 211.

294
00:25:01,160 --> 00:25:07,160
Hi, good evening.

295
00:25:07,160 --> 00:25:10,160
So our business manager and I just want to be here today.

296
00:25:10,160 --> 00:25:12,160
Please read it carefully.

297
00:25:12,160 --> 00:25:18,160
Second, we may settle for the city could lease a place for us anywhere in city of Berkeley.

298
00:25:18,160 --> 00:25:20,160
Not only I think about it.

299
00:25:20,160 --> 00:25:21,160
Think about it.

300
00:25:21,160 --> 00:25:25,160
In the end of 100,000 Berkeley and the others need our business.

301
00:25:25,160 --> 00:25:30,160
As far as I'm going to first see in the White House, no way to describe it.

302
00:25:30,160 --> 00:25:31,160
It is not.

303
00:25:31,160 --> 00:25:34,160
This man is Russian.

304
00:25:34,160 --> 00:25:35,160
Rosenhorses.

305
00:25:35,160 --> 00:25:43,160
We are losing our country in real time and I never have expressed fascism to go with country, especially

306
00:25:43,160 --> 00:25:44,160
it's a quickly.

307
00:25:44,160 --> 00:25:46,160
We have all the stand-up.

308
00:25:46,160 --> 00:25:48,160
Immigrants built this country.

309
00:25:48,160 --> 00:25:50,160
Immigrants were during its first administration.

310
00:25:50,160 --> 00:25:53,160
1.2 million American died from COVID because it denied it.

311
00:25:53,160 --> 00:25:58,160
Both Moderna and the others visor.

312
00:25:58,160 --> 00:26:02,160
One was American, one was Lebanese American.

313
00:26:02,160 --> 00:26:09,160
This is the end of the only America end of the fallination because he has the bottom of the nuclear war.

314
00:26:09,160 --> 00:26:10,160
And he will do it.

315
00:26:10,160 --> 00:26:11,160
Thank you.

316
00:26:11,160 --> 00:26:12,160
Thank you.

317
00:26:12,160 --> 00:26:13,160
And have a good evening.

318
00:26:13,160 --> 00:26:14,160
Thanks for your comment.

319
00:26:14,160 --> 00:26:15,160
Okay.

320
00:26:15,160 --> 00:26:19,160
Last hand raise is Manelin Roberts Rich.

321
00:26:19,160 --> 00:26:23,160
Hello, everybody.

322
00:26:23,160 --> 00:26:25,160
Manelin.

323
00:26:25,160 --> 00:26:26,160
Hello again.

324
00:26:26,160 --> 00:26:28,160
I should say it because he heard from me before.

325
00:26:28,160 --> 00:26:36,160
I'm calling once again about the urgency that I feel about reviving the downtown Berkler

326
00:26:36,160 --> 00:26:37,160
Cordo.

327
00:26:37,160 --> 00:26:38,160
I'm trying to gather you.

328
00:26:38,160 --> 00:26:39,160
You heard me.

329
00:26:39,160 --> 00:26:40,160
And many of the others.

330
00:26:40,160 --> 00:26:43,160
Fight to preserve cinematic.

331
00:26:43,160 --> 00:26:47,160
Just the ones on charter governing has specified.

332
00:26:47,160 --> 00:26:49,160
And it can't be pointed down.

333
00:26:49,160 --> 00:26:57,160
There's one remaining in Berkley that being the real-time Polish.

334
00:26:57,160 --> 00:27:00,160
I really encourage you to collaborate with the Berkler.

335
00:27:00,160 --> 00:27:03,160
The Berkler way to get some chips off the table.

336
00:27:03,160 --> 00:27:04,160
On the public's paper.

337
00:27:04,160 --> 00:27:05,160
From the developers.

338
00:27:05,160 --> 00:27:06,160
The developers.

339
00:27:06,160 --> 00:27:07,160
But for those.

340
00:27:07,160 --> 00:27:09,160
We've got it for providing.

341
00:27:09,160 --> 00:27:11,160
What is it called?

342
00:27:11,160 --> 00:27:12,160
Conference.

343
00:27:12,160 --> 00:27:13,160
We've got it.

344
00:27:13,160 --> 00:27:14,160
We've got it.

345
00:27:14,160 --> 00:27:17,160
And really try hard to support nightlife users.

346
00:27:17,160 --> 00:27:22,160
And sign up again.

347
00:27:22,160 --> 00:27:25,160
I'm trying to gather on.

348
00:27:25,160 --> 00:27:26,160
We're not sign to Berkler.

349
00:27:26,160 --> 00:27:28,160
It's not sign to board accounts.

350
00:27:28,160 --> 00:27:31,160
It's not sign to board accounts.

351
00:27:31,160 --> 00:27:32,160
Your time is up.

352
00:27:32,160 --> 00:27:37,160
Thank you for your comment.

353
00:27:37,160 --> 00:27:42,160
That's all the speakers online.

354
00:27:42,160 --> 00:27:48,560
comment. It is the first regular meeting of the month. And so I want to see if there's

355
00:27:48,560 --> 00:27:57,600
there are any employee unions that would like to speak today. Employee unions here are online.

356
00:27:58,560 --> 00:28:08,480
There's no hand raised. Okay. I just want to give them a need a bit of time. Nobody. Okay.

357
00:28:09,440 --> 00:28:11,760
All right. We will move on then to the consent calendar.

358
00:28:13,680 --> 00:28:17,680
Can I start first with any councilmember comments, please?

359
00:28:23,040 --> 00:28:29,760
Councilmember Humber. Wow. I delayed a little bit and pushing the button.

360
00:28:30,640 --> 00:28:42,560
I just have a few comments on the consent calendar with respect to consent item nine. I want to say this

361
00:28:42,560 --> 00:28:48,160
is a really good thing. We keep the restrictions against writing by some sidewalks except for

362
00:28:48,160 --> 00:28:54,800
kids. But eliminate unnecessary and pass a bike permitting registration and licensing requirements.

363
00:28:54,800 --> 00:29:06,800
So all in favor of that. And with respect to consent item number 17,

364
00:29:06,800 --> 00:29:15,520
communities Al Exito, $150. I'd like to contribute from our DA to count for this very worthy

365
00:29:15,520 --> 00:29:24,320
program. I read a little bit about it and sounds like a really important program. With respect to item

366
00:29:24,800 --> 00:29:32,000
consent item 19, referral to the city manager to allow tiny homes on wheels as permissible

367
00:29:32,000 --> 00:29:38,800
accessory dwelling units. I want to thank councilmember Kessarwani and her staff for this creative

368
00:29:38,800 --> 00:29:44,080
timely measure. Tiny homes on wheels are much easier to put in place in 80 use on foundations.

369
00:29:44,640 --> 00:29:49,600
They can work very well for individuals and very small families. This is just a referral and city

370
00:29:49,600 --> 00:29:53,840
staff will clearly work out all the safety and logistical issues.

371
00:29:55,760 --> 00:30:00,080
With respect to item number 20, consent item number.

372
00:30:00,000 --> 00:30:11,000
And they can work very well for individuals in very small families. This is just a referral and city staff will clearly work out all the safety and logistical issues.

373
00:30:11,000 --> 00:30:20,000
With respect to item number 20, consent item number 20, which is the city council employee recognition program.

374
00:30:20,000 --> 00:30:25,000
Thank you to council member Black and the co-sponsors for this very thoughtful item.

375
00:30:25,000 --> 00:30:37,000
We have such a wonderful group of city employees and this will allow us to bestow our praise on them when it's wanted, which will be very often, I think.

376
00:30:37,000 --> 00:30:39,000
Thank you, that's all I have.

377
00:30:39,000 --> 00:30:43,000
Thank you very much. Moving on to two vice-man and then a par.

378
00:30:43,000 --> 00:30:45,000
Thank you.

379
00:30:45,000 --> 00:30:51,000
I am really excited that item 8 to allow the retail sale of alcohol in the telegraph avenue.

380
00:30:51,000 --> 00:30:55,000
Commercial district is becoming law after two readings with unanimous support from council.

381
00:30:55,000 --> 00:31:01,000
So, and the planning commission, thank you so much to Director Klein and his staff for making a reality.

382
00:31:01,000 --> 00:31:06,000
I'm also excited to donate $250 for my budget to I mean us I'll exceed though at the Multicultural Center.

383
00:31:06,000 --> 00:31:11,000
Thank you Madam Mayor for allowing me to sponsor and thanks to your staff. I'll say for who worked on this item.

384
00:31:11,000 --> 00:31:13,000
Thanks.

385
00:31:13,000 --> 00:31:16,000
Yes, thank you very much. Council member Blackby.

386
00:31:16,000 --> 00:31:18,000
Thanks, Madam Mayor.

387
00:31:18,000 --> 00:31:20,000
Good to see everyone happy new year.

388
00:31:20,000 --> 00:31:23,000
Just a couple brief comments on item 17.

389
00:31:23,000 --> 00:31:28,000
We'd also like to contribute $250 for our office holder account.

390
00:31:28,000 --> 00:31:33,000
And on item 20 I appreciate the support of my colleagues in particular.

391
00:31:33,000 --> 00:31:38,000
Mayor Ishi, council member Luna Park, council member Councillor Wany for co-sponsoring it.

392
00:31:38,000 --> 00:31:44,000
It's important to me and I think during my time on the please accountability board when you're thinking about.

393
00:31:44,000 --> 00:31:50,000
You know, often we are critical and thinking about ways we can improve performance.

394
00:31:50,000 --> 00:31:54,000
There's also equally important to uplift examples of where people are doing really good work.

395
00:31:54,000 --> 00:31:58,000
We see that in our police department. I think we see that in our city staff.

396
00:31:58,000 --> 00:32:02,000
And I'd say especially in a time when we know we're going into some challenging budget conditions.

397
00:32:02,000 --> 00:32:07,000
The more that we can do it again, recognize the amazing work that our staff is doing.

398
00:32:07,000 --> 00:32:12,000
In many cases we'll be doing more work potentially with a little less as we tighten our belts.

399
00:32:12,000 --> 00:32:15,000
Just felt like in a really important time to do that.

400
00:32:15,000 --> 00:32:22,000
So again, I appreciate the support and I do think it's going to be a nice way to recognize one employee a month

401
00:32:22,000 --> 00:32:26,000
and have us all participate in the process of doing that work.

402
00:32:26,000 --> 00:32:31,000
So thanks to the City Manager and HR team for their input as well.

403
00:32:31,000 --> 00:32:36,000
And I'm hopeful and looking forward to working with the Mayor's office to implement that in the months ahead.

404
00:32:36,000 --> 00:32:37,000
Thank you.

405
00:32:37,000 --> 00:32:39,000
Thank you very much.

406
00:32:39,000 --> 00:32:42,000
Can I just check in really quick on our Zoom situation?

407
00:32:42,000 --> 00:32:46,000
Well, I think the Zoom is fine.

408
00:32:46,000 --> 00:32:48,000
But all the monitors are off.

409
00:32:48,000 --> 00:32:52,000
I don't know if you should take a break.

410
00:32:52,000 --> 00:32:56,000
I'm very sorry folks.

411
00:32:56,000 --> 00:32:59,000
We are going to take a break and restart our system.

412
00:32:59,000 --> 00:33:03,000
And I'm very hopeful that it will work so we can come back and finish our meeting.

413
00:33:03,000 --> 00:33:04,000
Thank you.

414
00:33:04,000 --> 00:33:07,000
Okay.

415
00:33:07,000 --> 00:33:10,000
Mayor, we can continue.

416
00:33:11,000 --> 00:33:13,000
Okay.

417
00:33:13,000 --> 00:33:15,000
I think we're back on everyone.

418
00:33:15,000 --> 00:33:16,000
Yay.

419
00:33:16,000 --> 00:33:17,000
Yes.

420
00:33:17,000 --> 00:33:18,000
Okay.

421
00:33:18,000 --> 00:33:20,000
Very happy.

422
00:33:20,000 --> 00:33:21,000
All right.

423
00:33:21,000 --> 00:33:24,000
We are on our consent calendar right now.

424
00:33:24,000 --> 00:33:27,000
And we just heard council member block.

425
00:33:27,000 --> 00:33:29,000
I believe we're moving on to council member.

426
00:33:29,000 --> 00:33:31,000
Trake up.

427
00:33:31,000 --> 00:33:32,000
Thank you.

428
00:33:32,000 --> 00:33:34,000
Thank you, Madam Mayor.

429
00:33:34,000 --> 00:33:45,000
I want to express my enthusiasm in particular for item six, which will expand.

430
00:33:45,000 --> 00:33:49,000
That's well, lab portable toilet pilot program.

431
00:33:49,000 --> 00:33:52,000
My district has one of the two drones.

432
00:33:52,000 --> 00:33:55,000
It is in civic center park.

433
00:33:55,000 --> 00:34:01,000
And it has got an wave we've used and has been.

434
00:34:01,000 --> 00:34:07,000
It has been popular.

435
00:34:07,000 --> 00:34:16,000
And I really appreciate the opportunity to host it in my district for a few months longer.

436
00:34:16,000 --> 00:34:28,000
I also would like to thank Mayor Ishi for the opportunity to co-sponsor item 17.

437
00:34:28,000 --> 00:34:42,000
And I am excited to contribute a hundred fifty dollars from my discretionary account.

438
00:34:42,000 --> 00:34:48,000
And lastly, I wish to thank council member Kesher Wani for for item.

439
00:34:48,000 --> 00:34:57,000
The referral item 19 referral to the city manager to allow tiny homes on wheels as permissible access with welling units.

440
00:34:57,000 --> 00:35:03,000
And I'm appreciative of the opportunity to co-sponsor that item.

441
00:35:03,000 --> 00:35:05,000
Thank you.

442
00:35:05,000 --> 00:35:07,000
Thank you very much.

443
00:35:07,000 --> 00:35:12,000
This is a blank number.

444
00:35:12,000 --> 00:35:17,000
So I'm moving on to council member Kesher Wani, please.

445
00:35:17,000 --> 00:35:19,000
Thank you very much, Madam Mayor.

446
00:35:19,000 --> 00:35:21,000
Happy New Year to everybody.

447
00:35:21,000 --> 00:35:26,000
I also wanted to be recorded as donating a hundred dollars.

448
00:35:26,000 --> 00:35:29,000
I hope to come in as I'll echo.

449
00:35:29,000 --> 00:35:32,000
I hope I didn't butcher that so badly.

450
00:35:32,000 --> 00:35:42,000
And then I just wanted to thank everyone for speaking in support of the item 19 to allow tiny homes on wheels.

451
00:35:42,000 --> 00:35:49,000
So that we are trying to expand the opportunities to add accessory dwelling units.

452
00:35:50,000 --> 00:35:53,000
Permanent ones and even pre-fabricated ones can be very expensive.

453
00:35:53,000 --> 00:35:57,000
So we know that tiny homes can be less expensive.

454
00:35:57,000 --> 00:35:59,000
So we're trying to open up new opportunities.

455
00:35:59,000 --> 00:36:04,000
And I did want to add council member Bartlett as a co-sponsor of that item.

456
00:36:04,000 --> 00:36:07,000
Thank you very much for your support.

457
00:36:07,000 --> 00:36:08,000
Thank you very much.

458
00:36:08,000 --> 00:36:10,000
I'm going to go to council member Bartlett.

459
00:36:10,000 --> 00:36:13,000
And then I'm going to move on line to council member Taplin.

460
00:36:13,000 --> 00:36:16,000
And then council member Keith here.

461
00:36:16,000 --> 00:36:20,000
Madam Mayor and it's a great to be back after a nice vacation.

462
00:36:20,000 --> 00:36:23,000
Number 13 in the consent calendar.

463
00:36:23,000 --> 00:36:31,000
I'm really excited about this is the city engaging with emerging nonprofit for housing developers.

464
00:36:31,000 --> 00:36:39,000
So we can now new people to access this industry and get some new talent in here from the first backgrounds.

465
00:36:39,000 --> 00:36:40,000
Really good.

466
00:36:40,000 --> 00:36:41,000
Really happy about this.

467
00:36:41,000 --> 00:36:45,000
I'd like to give a $200 to the communos Alexito.

468
00:36:45,000 --> 00:36:46,000
Does I say that right?

469
00:36:46,000 --> 00:36:48,000
Miss Madam Vice Mayor.

470
00:36:48,000 --> 00:36:49,000
Yeah.

471
00:36:49,000 --> 00:36:50,000
Okay.

472
00:36:50,000 --> 00:36:53,000
And again, thank you.

473
00:36:53,000 --> 00:36:54,000
Thank you.

474
00:36:54,000 --> 00:36:56,000
I guess we're wondering for me to join you on the 80th item.

475
00:36:56,000 --> 00:37:00,000
The tiny homes and wheels.

476
00:37:00,000 --> 00:37:03,000
Also, the nose and wheels on the same agenda tonight.

477
00:37:03,000 --> 00:37:05,000
And the nose and wheels is from Berkeley.

478
00:37:05,000 --> 00:37:06,000
To be able to know that.

479
00:37:06,000 --> 00:37:08,000
Yeah, I started here.

480
00:37:08,000 --> 00:37:12,000
That's a very vital resource for seniors getting food.

481
00:37:12,000 --> 00:37:14,000
And I'd like to also thank council.

482
00:37:14,000 --> 00:37:15,000
Black council.

483
00:37:15,000 --> 00:37:16,000
Black.

484
00:37:16,000 --> 00:37:18,000
And because in his co-sponsors and.

485
00:37:18,000 --> 00:37:20,000
For your work to recognize.

486
00:37:20,000 --> 00:37:21,000
And my employees.

487
00:37:21,000 --> 00:37:23,000
We did a great work here.

488
00:37:23,000 --> 00:37:25,000
And they should be all that.

489
00:37:25,000 --> 00:37:26,000
Thank you.

490
00:37:26,000 --> 00:37:27,000
Thank you very much.

491
00:37:27,000 --> 00:37:28,000
Council member.

492
00:37:28,000 --> 00:37:29,000
What happened?

493
00:37:29,000 --> 00:37:30,000
Thank you.

494
00:37:30,000 --> 00:37:31,000
Good evening.

495
00:37:31,000 --> 00:37:32,000
Everyone.

496
00:37:32,000 --> 00:37:33,000
On item 17.

497
00:37:33,000 --> 00:37:34,000
I would like to.

498
00:37:34,000 --> 00:37:35,000
Looks good for murder and rate.

499
00:37:35,000 --> 00:37:38,000
By 12, we haven't purchased any cash in my apartment.

500
00:37:38,000 --> 00:37:40,000
Thank you very much.

501
00:37:40,000 --> 00:37:42,000
Mr Skull for ready for review.

502
00:37:42,000 --> 00:37:43,000
Thank you.

503
00:37:43,000 --> 00:37:44,000
I'm joining.

504
00:37:44,000 --> 00:37:46,000
So, the big bill here for the applicant.

505
00:37:46,000 --> 00:37:49,000
Okay.

506
00:37:49,000 --> 00:37:50,000
So, what I've joined some of taughans.

507
00:37:50,000 --> 00:37:51,000
Let's get back on Friday.

508
00:37:51,000 --> 00:37:53,000
So move out how do I answer?

509
00:37:53,000 --> 00:37:54,000
So, I would need to add a lot of necessity to each.

510
00:37:54,000 --> 00:37:55,980
So we grab you all.

511
00:37:55,980 --> 00:37:58,020
I got somebody who started a surric.

512
00:37:58,020 --> 00:37:58,980
And we're not about weather.

513
00:37:58,980 --> 00:38:00,000
Right now.

514
00:38:00,000 --> 00:38:03,500
No, I just want to stage the moment.

515
00:38:03,500 --> 00:38:11,340
going into $10 for item 17, sounds like a great program, and a lot of compliments being thrown

516
00:38:11,340 --> 00:38:18,340
around, I'll just do one. I really appreciate item 18, met a mayor and co-sponsors. I just

517
00:38:18,340 --> 00:38:25,900
am a big fan of clear, well-thought-out laws, as opposed to haphazard random laws, which is kind

518
00:38:25,900 --> 00:38:29,860
of what we have now, and there's no fault, I mean all of the, it's all good intentioned

519
00:38:29,860 --> 00:38:33,940
work that's brought up to where we are today, but this is a really logical next step, but

520
00:38:33,940 --> 00:38:38,380
I just really want to say how much I appreciate it. That is all.

521
00:38:38,380 --> 00:38:45,460
Thank you very much. So, sorry, the parliamentarian was out, and that's why it said

522
00:38:45,460 --> 00:38:50,820
you were four. So, for a number two, I want to acknowledge that we have contracted with

523
00:38:50,820 --> 00:38:54,380
Lake Partners. I'm really excited to move forward in the poll, so I really want to thank

524
00:38:54,380 --> 00:38:59,460
the City Manager and your team for moving that forward while we were on recess. I want to acknowledge

525
00:38:59,460 --> 00:39:03,620
that we got another grant from Americans for the Arts. I think that's very exciting. Our

526
00:39:03,620 --> 00:39:08,420
City's works really hard to find other sources of funding, and I want folks to know about

527
00:39:08,420 --> 00:39:15,140
that. So, thank you very much. For a number nine, we are removing some non-sensical, bicycle,

528
00:39:15,140 --> 00:39:19,140
licensing requirements. So, I think that's always a good thing. I wanted to call that out,

529
00:39:19,140 --> 00:39:26,180
and number 17 is Kamino-Sau-Xito, which I am sponsoring. I wanted to just highlight that

530
00:39:26,260 --> 00:39:31,220
I was written by our intern, Jose Martinez, and so I want to give him a shout out. And thank

531
00:39:31,220 --> 00:39:35,460
you so much for your work. It's a one-day conference held at Berkeley City College, which is my

532
00:39:35,460 --> 00:39:40,580
alma mater, as well as Council Member Tafflin. I don't know if anyone else did. But, um, and it's meant to

533
00:39:40,580 --> 00:39:44,980
demystify and provide resources for student and parents, students and parents for life outside of

534
00:39:44,980 --> 00:39:50,740
high school. It's a bilingual event that has workshops, working groups and activities, and it is

535
00:39:50,740 --> 00:39:58,980
organized, um, with the collaborative efforts of the Chicanx, that next student development center,

536
00:40:00,260 --> 00:40:04,820
Rooks, Live, Latino-Soonedos Day Berkeley, Berkeley Public Schools, Berkeley City College,

537
00:40:04,820 --> 00:40:11,620
Multiculture Institute, and the Office of Family Engagement, and Equity. So, I want to just thank

538
00:40:11,620 --> 00:40:15,140
everyone who worked on that event, and thank you so much to the Council members for also really

539
00:40:15,140 --> 00:40:21,220
pushing some funds for that. And then just for number 18, the comprehensive transportation design

540
00:40:21,220 --> 00:40:25,380
standards, which some folks had mentioned, this is something that we had said at the last meeting

541
00:40:25,380 --> 00:40:29,860
that we were going to bring forward to this meeting. So, I just want folks to know, we did it. We said

542
00:40:29,860 --> 00:40:34,260
we were going to work on it during the break. I really want to thank my staff for pushing that forward as well,

543
00:40:34,260 --> 00:40:39,060
and working with the City Manager staff as well. So, thank you very much, and I'm really looking

544
00:40:39,060 --> 00:40:44,580
forward to that work moving forward. So, we have some clarity, and then also just thank you also

545
00:40:44,580 --> 00:40:57,460
the ADU item. So, very exciting. All right, um, now is there public comment on consent? Come on up.

546
00:40:57,700 --> 00:41:11,540
Um, my name is Carol Wolfley, and I am here to express my appreciation to the landmark

547
00:41:11,540 --> 00:41:24,020
commission for their unanimous vote to make the KPFA building a historical landmark. And, um, I appreciate

548
00:41:24,020 --> 00:41:32,260
that they had such an in-depth understanding of Berkeley history as well as knowledge of how

549
00:41:33,060 --> 00:41:43,540
16,000 people are protested and rallied in support of community media in 1999 to protect the KPFA building

550
00:41:43,620 --> 00:41:53,940
and KPFA as the first list of sponsored media, uh, organization and radio in the United States.

551
00:41:54,660 --> 00:42:02,100
So, I appreciate your being here. It was also recognized by the nation manager of magazine in

552
00:42:02,500 --> 00:42:10,100
1918. Thank you. Thank you so much.

553
00:42:16,580 --> 00:42:19,780
Do we get two minutes? If there's less than one. Okay, thank you.

554
00:42:20,820 --> 00:42:28,340
First, I wanted to speak in favor of item 13. Hopefully this will address some of the racial and gender

555
00:42:28,340 --> 00:42:35,940
disparities that were revealed during the mason till my report. Second, has to item 19.

556
00:42:36,820 --> 00:42:43,700
It's always good to have alternative housing options when everything is so expensive in terms of housing.

557
00:42:44,500 --> 00:42:52,100
But mainly I want to address the throne bathrooms and one of the issues with or an issue with them is in

558
00:42:52,100 --> 00:43:00,660
trying it out. This would have been really problematic if I having been by, I'm not taking care

559
00:43:00,660 --> 00:43:06,740
of my mother or bringing her everywhere for 19 years when she was blind in in a wheelchair and multiply

560
00:43:06,740 --> 00:43:14,180
disabled. There is, you get a warning this says, I believe it's a 10 minute warning where the music starts

561
00:43:14,180 --> 00:43:21,380
playing and says you have to exit and that can be really problematic for a person with disabilities.

562
00:43:22,500 --> 00:43:32,660
Thank you. Thank you. Hi, my name is Candace Shot and I'm a Berkeley resident in the

563
00:43:32,660 --> 00:43:40,660
Secretary of the KPFA local station board and I am also here in support of the landmark commission's

564
00:43:40,660 --> 00:43:48,740
decision to approve the landmark status of the KPFA building and to note that it's the only

565
00:43:49,620 --> 00:43:58,180
broadcast radio building in a Berkeley proper which I think makes it an important building in Berkeley

566
00:43:58,180 --> 00:44:02,820
and just to note that all the very famous people that have come through that building

567
00:44:04,180 --> 00:44:10,580
been through those airwaves and I really appreciate your consideration for approving it. Thank you.

568
00:44:11,220 --> 00:44:15,860
Thank you. I love that you all are coordinated and you're sweatshirts too.

569
00:44:15,860 --> 00:44:21,540
I didn't even think about it. I wear it so much. Hi, I'm Colleen Mast. Go ahead and move the

570
00:44:21,540 --> 00:44:27,300
mic up so we can carry a better. Thank you. Colleen Mast and I'm a resident and also a new member of

571
00:44:27,300 --> 00:44:35,220
the KPFA station board and I'm here to speak on support of the landmark commission's decision to make the

572
00:44:35,220 --> 00:44:42,420
KPFA building in the historical landmark also. The KPFA building is a site of profound historical

573
00:44:42,500 --> 00:44:48,500
significance not only for its pioneering role and evolution of the community radio but also a

574
00:44:48,500 --> 00:44:54,340
historical archive of the social and political movements that have shaped Berkeley and the wider world.

575
00:44:54,980 --> 00:45:00,340
Since its inception KPFA has been a steadfast platform for independent media.

576
00:45:00,000 --> 00:45:11,000
Movement offering a voice to leaders and activists fighting for racial justice. And this at a time when mainstream media often marginalised your perspectives.

577
00:45:11,000 --> 00:45:14,000
Thank you. Thanks so much.

578
00:45:19,000 --> 00:45:22,000
Hello everyone in the City Council of Berkeley.

579
00:45:22,000 --> 00:45:27,000
Thank you for having me. My name is Antonio Ortiz. I'm the interim general manager of KPFA Radio.

580
00:45:27,000 --> 00:45:34,000
And I want to thank the landmark historical commission to push forward the making KPface building into historical landmark.

581
00:45:34,000 --> 00:45:38,000
I also want to thank these ladies here for all the work that they've done to make that happen.

582
00:45:38,000 --> 00:45:44,000
KPFA has been founded in 1949 by a pacifist ever since then.

583
00:45:44,000 --> 00:45:47,000
Our goal has been to build understanding between peoples.

584
00:45:47,000 --> 00:45:52,000
And many of the main challenges, at least for me as a general manager, our interim general manager has been.

585
00:45:52,000 --> 00:45:55,000
How do we bridge the gap between people?

586
00:45:55,000 --> 00:45:57,000
And that's what I learned at KPFA.

587
00:45:57,000 --> 00:46:02,000
That's the education that I got and my hope is that we can continue doing that.

588
00:46:02,000 --> 00:46:10,000
The building becoming a historical landmark will be fabulous for us because it would show to the to our staff and the community that we exist

589
00:46:10,000 --> 00:46:15,000
We're here and that we've been part of the fabric of Berkeley since 1949.

590
00:46:15,000 --> 00:46:19,000
And thank you all for listening to me and I hope you all have a good rest of your evening.

591
00:46:19,000 --> 00:46:21,000
Thank you. Thank you so much.

592
00:46:26,000 --> 00:46:39,000
Good evening. Thank you. I'm Betsy Morris and I'm wearing a third hat now as part of my consulting practice planning for sustainable communities.

593
00:46:39,000 --> 00:46:46,000
I've been advocating and mostly just educating since 2014 on tiny homes.

594
00:46:46,000 --> 00:46:50,000
And just thank you for bringing this up.

595
00:46:50,000 --> 00:46:57,000
And I also very much appreciate that this is going for further analysis because the details.

596
00:46:57,000 --> 00:47:01,000
Those guidelines and definitions are very important.

597
00:47:01,000 --> 00:47:07,000
I also hope we'll come back and consider ways that these can stay.

598
00:47:07,000 --> 00:47:13,000
As at least moderate income, it's not affordable to lower income.

599
00:47:13,000 --> 00:47:17,000
Because in fact, you can have a $300,000 tiny home.

600
00:47:17,000 --> 00:47:20,000
People are selling very elaborate ones.

601
00:47:20,000 --> 00:47:32,000
But I did want to say just to reassure anyone that most legal tiny homes in California are certified either with manufactured home, standards or RV.

602
00:47:32,000 --> 00:47:34,000
Thank you.

603
00:47:44,000 --> 00:47:48,000
I still haven't grown.

604
00:47:48,000 --> 00:47:52,000
It's such a pleasure to see all of you happy, happy new year.

605
00:47:52,000 --> 00:48:01,000
And I know it's going to be a super year because again, good mayor, you've opened it up on this first meeting with such a heart space.

606
00:48:01,000 --> 00:48:05,000
And that's my bottom line and I'm starting to cry.

607
00:48:05,000 --> 00:48:07,000
I can't thank you enough.

608
00:48:07,000 --> 00:48:11,000
And secondly, KPFA, voice of the voices.

609
00:48:11,000 --> 00:48:14,000
It's my university after universities.

610
00:48:14,000 --> 00:48:15,000
Thank you, KPFA.

611
00:48:15,000 --> 00:48:16,000
All right.

612
00:48:16,000 --> 00:48:19,000
My primary interest is in the tiny homes.

613
00:48:19,000 --> 00:48:22,000
I've built a bunch.

614
00:48:22,000 --> 00:48:25,000
There's lots of people that need them.

615
00:48:25,000 --> 00:48:28,000
And there's lots of people that actually have space.

616
00:48:28,000 --> 00:48:30,000
And would like to share it.

617
00:48:30,000 --> 00:48:39,000
It is cost effective, simple, unwield, movable, alterable, flexible.

618
00:48:39,000 --> 00:48:42,000
Almost immediately possible.

619
00:48:42,000 --> 00:48:45,000
It's like, can't we simplify the space?

620
00:48:45,000 --> 00:48:46,000
All day long, I take pictures.

621
00:48:46,000 --> 00:48:47,000
Oh, I haven't experimented.

622
00:48:47,000 --> 00:48:48,000
I'm sorry.

623
00:48:48,000 --> 00:48:49,000
I forgot to tell you.

624
00:48:49,000 --> 00:48:51,000
From Taj.

625
00:48:51,000 --> 00:48:52,000
Sorry.

626
00:48:52,000 --> 00:48:54,000
Thank you.

627
00:48:54,000 --> 00:48:56,000
I'm constantly in the community.

628
00:48:56,000 --> 00:48:58,000
And I take.

629
00:48:58,000 --> 00:49:00,000
I'm starting to cry again.

630
00:49:00,000 --> 00:49:08,000
I take too many pictures of wasted resources and infinite needs.

631
00:49:08,000 --> 00:49:13,000
And again, there's a community or share because we care.

632
00:49:13,000 --> 00:49:14,000
That's possible.

633
00:49:14,000 --> 00:49:15,000
And it can be legal.

634
00:49:15,000 --> 00:49:17,000
And it can be safe.

635
00:49:17,000 --> 00:49:19,000
And again, I love the wheels.

636
00:49:19,000 --> 00:49:24,000
So I would just, I built them for free.

637
00:49:24,000 --> 00:49:25,000
I'm telling you.

638
00:49:25,000 --> 00:49:26,000
All right.

639
00:49:26,000 --> 00:49:29,000
And also into this comprehensive transportation thing.

640
00:49:29,000 --> 00:49:33,000
I really have to work pretty hard not to run over.

641
00:49:33,000 --> 00:49:38,000
I think it was with no lights, dressed in black, at night,

642
00:49:38,000 --> 00:49:42,000
and on these electric things that come out of nowhere.

643
00:49:42,000 --> 00:49:44,000
It's like, what's happened?

644
00:49:44,000 --> 00:49:47,000
I still have my motorcycle license.

645
00:49:47,000 --> 00:49:48,000
These things are amazing.

646
00:49:48,000 --> 00:49:50,000
We need to be comprehensive.

647
00:49:50,000 --> 00:49:51,000
Thank you.

648
00:49:51,000 --> 00:49:52,000
Thank you.

649
00:49:52,000 --> 00:50:04,000
Thank you.

650
00:50:04,000 --> 00:50:05,000
All right.

651
00:50:05,000 --> 00:50:06,000
I'm 19.

652
00:50:06,000 --> 00:50:11,000
I would like to express my support for tiny homes.

653
00:50:11,000 --> 00:50:17,000
However, you have this tendency

654
00:50:17,000 --> 00:50:25,000
to look problems and solutions straight in the face and not see them.

655
00:50:25,000 --> 00:50:35,000
Tiny homes can be built by people right here in this community.

656
00:50:35,000 --> 00:50:44,000
On households have skills, lots of skills, but can be put to use.

657
00:50:44,000 --> 00:50:49,000
And if they are disabled and can't do it physically,

658
00:50:49,000 --> 00:50:52,000
they can't teach.

659
00:50:52,000 --> 00:50:55,000
And we can set up right even Berkeley,

660
00:50:55,000 --> 00:50:59,000
a little factory for putting out tiny homes,

661
00:50:59,000 --> 00:51:05,000
producing them in place and get people home.

662
00:51:05,000 --> 00:51:08,000
Thank you.

663
00:51:08,000 --> 00:51:13,000
Any other comments on the consent or information

664
00:51:13,000 --> 00:51:16,000
items online?

665
00:51:16,000 --> 00:51:17,000
Yes.

666
00:51:17,000 --> 00:51:22,000
We have four hands raised for comments on consent and information.

667
00:51:22,000 --> 00:51:35,000
First is phone number ending in 00.

668
00:51:35,000 --> 00:51:40,000
Should be able to unmute.

669
00:51:40,000 --> 00:51:50,000
Start six to unmute.

670
00:51:50,000 --> 00:51:54,000
Then we'll come back.

671
00:51:54,000 --> 00:52:01,000
Next is Ben.

672
00:52:01,000 --> 00:52:02,000
Good evening, Council.

673
00:52:02,000 --> 00:52:05,000
This is Ben Gehardstein with Walkback Berkeley.

674
00:52:05,000 --> 00:52:08,000
I wanted to express our support.

675
00:52:08,000 --> 00:52:11,000
For the transportation design standards item,

676
00:52:11,000 --> 00:52:14,000
thank you to the mayor and co-sponsors and city managers office

677
00:52:14,000 --> 00:52:16,000
for bringing this item forward.

678
00:52:16,000 --> 00:52:18,000
It's an important step for the city to take.

679
00:52:18,000 --> 00:52:20,000
It's going to be a big project.

680
00:52:20,000 --> 00:52:22,000
But I think it will yield dividends.

681
00:52:22,000 --> 00:52:25,000
If we keep our eyes on the north star of safety,

682
00:52:25,000 --> 00:52:29,000
we'll meet in the operational needs of other road users,

683
00:52:29,000 --> 00:52:30,000
all road users.

684
00:52:30,000 --> 00:52:34,000
And I want to draw your attention to a couple of comments we made in our letter.

685
00:52:34,000 --> 00:52:37,000
First, as we work through these standards,

686
00:52:37,000 --> 00:52:42,000
it's important that we feel test what we're putting in what we're developing.

687
00:52:42,000 --> 00:52:44,000
Because that's where we can learn and refine,

688
00:52:44,000 --> 00:52:47,000
especially when it comes to bigger road users,

689
00:52:47,000 --> 00:52:52,000
bigger vehicles and how they maneuver various road features.

690
00:52:52,000 --> 00:52:56,000
And then secondly, I think it's important that we maintain our commitment to delivering

691
00:52:56,000 --> 00:53:00,000
on a project that are in the queue and not take our eyes off of that.

692
00:53:00,000 --> 00:53:05,000
As we are developing these standards, we will take time and be important.

693
00:53:05,000 --> 00:53:06,000
Thank you, Ben.

694
00:53:06,000 --> 00:53:07,000
Thank you so much.

695
00:53:07,000 --> 00:53:08,000
Thanks for your comment.

696
00:53:09,000 --> 00:53:12,000
Next is Della Luna.

697
00:53:15,000 --> 00:53:17,000
Yes, getting here me, okay?

698
00:53:17,000 --> 00:53:18,000
Yes.

699
00:53:18,000 --> 00:53:21,000
Okay, I'm speaking about item number 13.

700
00:53:21,000 --> 00:53:26,000
And I'm here to say that more oversight is needed for these emerging nonprofit,

701
00:53:26,000 --> 00:53:28,000
affordable housing developers.

702
00:53:28,000 --> 00:53:32,000
The city needs to first verify that these developers follow through

703
00:53:33,000 --> 00:53:36,000
and display confidence before justing out more funds to them.

704
00:53:36,000 --> 00:53:40,000
Some of these developers treat the city relationship as a creative writing assignment

705
00:53:40,000 --> 00:53:42,000
and submit feel good proposals,

706
00:53:42,000 --> 00:53:46,000
but the city is not doing their due diligence to vet these organizations

707
00:53:46,000 --> 00:53:50,000
and the impact is that your vulnerable constituents are placed in the hands of the last

708
00:53:50,000 --> 00:53:52,000
experienced with no recourse.

709
00:53:52,000 --> 00:53:57,000
City funds should be allocated to hope constituents not prop up nonprofits.

710
00:53:57,000 --> 00:54:01,000
And people will form nonprofits just to get access to city funds.

711
00:54:01,000 --> 00:54:04,000
Creative writing is not enough in proposals.

712
00:54:04,000 --> 00:54:07,000
Fake it to you make it is harming your constituents.

713
00:54:07,000 --> 00:54:11,000
Please provide oversight for these affordable housing nonprofit

714
00:54:11,000 --> 00:54:13,000
developers that are emerging.

715
00:54:13,000 --> 00:54:17,000
The recent lawsuit resulting from the unfortunate homicide at the home

716
00:54:17,000 --> 00:54:22,000
of the shelter is an example of what happens when you say that.

717
00:54:22,000 --> 00:54:24,000
Thanks here, comment.

718
00:54:24,000 --> 00:54:30,000
Let's go back to phone number ending in 00.

719
00:54:30,000 --> 00:54:35,000
Hi.

720
00:54:35,000 --> 00:54:37,000
Good evening.

721
00:54:37,000 --> 00:54:40,000
I'm calling regarding the system number eight.

722
00:54:40,000 --> 00:54:42,000
I don't like it at all.

723
00:54:42,000 --> 00:54:46,000
As a case student, I was there for 14 years in physics and nuclear engineering

724
00:54:46,000 --> 00:54:47,000
department.

725
00:54:47,000 --> 00:54:49,000
One time, I'm almost died.

726
00:54:49,000 --> 00:54:52,000
Student, sometimes going drinking bench.

727
00:54:52,000 --> 00:54:56,000
Through a party we have, I had almost a full bottle of jam.

728
00:54:56,000 --> 00:54:58,000
I almost died.

729
00:54:58,000 --> 00:55:01,000
But that please don't, that's that.

730
00:55:01,000 --> 00:55:07,000
We don't have that enough problem with the pot shops all across the street

731
00:55:07,000 --> 00:55:08,000
on telegraph.

732
00:55:08,000 --> 00:55:10,000
Now we need to add liquor as well.

733
00:55:10,000 --> 00:55:11,000
What happens to you?

734
00:55:11,000 --> 00:55:13,000
Think about your kids.

735
00:55:13,000 --> 00:55:15,000
Think about your grandkids.

736
00:55:15,000 --> 00:55:16,000
Top it.

737
00:55:16,000 --> 00:55:17,000
Thank you.

738
00:55:17,000 --> 00:55:19,000
Thank you.

739
00:55:19,000 --> 00:55:22,000
Okay.

740
00:55:22,000 --> 00:55:27,000
And we have Cheryl Dattel of former council member.

741
00:55:27,000 --> 00:55:31,000
So yeah.

742
00:55:31,000 --> 00:55:36,000
Black and when I was on council, I tried to get an item for tiny homes.

743
00:55:36,000 --> 00:55:40,000
I tried to get them built.

744
00:55:40,000 --> 00:55:43,000
I still have the designs.

745
00:55:43,000 --> 00:55:46,000
So it's interesting that you're doing that now.

746
00:55:46,000 --> 00:55:49,000
But that's not the first time.

747
00:55:49,000 --> 00:55:53,000
So many is copy things that I had wanted to do.

748
00:55:53,000 --> 00:55:55,000
I'm not sure.

749
00:55:55,000 --> 00:55:57,000
I haven't read the item.

750
00:55:57,000 --> 00:55:59,000
And don't plan to.

751
00:55:59,000 --> 00:56:02,000
But I just think it's interesting that now.

752
00:56:02,000 --> 00:56:04,000
You're putting this forward.

753
00:56:04,000 --> 00:56:07,000
As you have done on.

754
00:56:07,000 --> 00:56:11,000
Other items that I put forward that you could forward.

755
00:56:11,000 --> 00:56:13,000
All right.

756
00:56:13,000 --> 00:56:14,000
Yeah.

757
00:56:14,000 --> 00:56:16,000
That's all I got to say.

758
00:56:16,000 --> 00:56:17,000
Free Palestine.

759
00:56:17,000 --> 00:56:18,000
Free Congo.

760
00:56:18,000 --> 00:56:19,000
Free Sudan.

761
00:56:19,000 --> 00:56:20,000
Free Yemen.

762
00:56:20,000 --> 00:56:22,000
And free yourselves from all the hatred that you all have.

763
00:56:22,000 --> 00:56:24,000
Towards other people.

764
00:56:24,000 --> 00:56:29,000
And you're sitting that you're supposed to represent.

765
00:56:29,000 --> 00:56:37,000
Next is Daniel Brownson.

766
00:56:37,000 --> 00:56:39,000
Hi.

767
00:56:39,000 --> 00:56:42,000
So I don't know if others saw the news.

768
00:56:42,000 --> 00:56:48,000
But the city of Santa Cruz has terminated their contract with.

769
00:56:48,000 --> 00:56:51,000
It's not called safety.

770
00:56:51,000 --> 00:56:54,000
And Berkeley should do the same.

771
00:56:54,000 --> 00:56:57,000
This is on consent information items.

772
00:56:57,000 --> 00:56:58,000
Sorry.

773
00:56:58,000 --> 00:56:59,000
Sorry.

774
00:56:59,000 --> 00:57:00,000
Okay.

775
00:57:00,000 --> 00:57:01,000
Thank you.

776
00:57:01,000 --> 00:57:04,000
That was the last speaker.

777
00:57:04,000 --> 00:57:05,000
Okay.

778
00:57:05,000 --> 00:57:06,000
Thank you very much.

779
00:57:06,000 --> 00:57:08,000
Is there a motion to pursue.

780
00:57:08,000 --> 00:57:09,000
Excuse me.

781
00:57:09,000 --> 00:57:11,000
To prove the consent calendar.

782
00:57:11,000 --> 00:57:12,000
So moved.

783
00:57:12,000 --> 00:57:14,000
Second.

784
00:57:14,000 --> 00:57:18,000
Thank you.

785
00:57:18,000 --> 00:57:19,000
Can we yes.

786
00:57:19,000 --> 00:57:21,000
Did you have a comment?

787
00:57:21,000 --> 00:57:22,000
Yeah.

788
00:57:22,000 --> 00:57:24,000
If you can indulge me for a minute.

789
00:57:24,000 --> 00:57:27,000
I just wanted to congratulate everyone.

790
00:57:27,000 --> 00:57:30,000
That has made the landmarking possible.

791
00:57:30,000 --> 00:57:32,000
FKPFA.

792
00:57:32,000 --> 00:57:34,000
Thank you so much.

793
00:57:34,000 --> 00:57:37,000
While KPFA has preceded district elections.

794
00:57:37,000 --> 00:57:42,000
I'm very proud to be able to say that it is in

795
00:57:42,000 --> 00:57:48,000
by district and thank you for everything that you're doing.

796
00:57:48,000 --> 00:57:50,000
Thank you.

797
00:57:50,000 --> 00:57:51,000
Okay.

798
00:57:51,000 --> 00:57:53,000
Can we take the roll on that please?

799
00:57:53,000 --> 00:57:54,000
Okay.

800
00:57:54,000 --> 00:57:56,000
On the consent calendar.

801
00:57:56,000 --> 00:57:57,000
Council member.

802
00:57:57,000 --> 00:57:58,000
Yes.

803
00:57:58,000 --> 00:57:59,000
Catwin.

804
00:57:59,000 --> 00:58:00,000
Yes.

805
00:58:00,000 --> 00:58:02,000
Bartlett.

806
00:58:02,000 --> 00:58:03,000
Is.

807
00:58:03,000 --> 00:58:05,000
Because I'm in the absence.

808
00:58:05,000 --> 00:58:06,000
Try to.

809
00:58:06,000 --> 00:58:07,000
I.

810
00:58:07,000 --> 00:58:08,000
Okay.

811
00:58:08,000 --> 00:58:09,000
Yes.

812
00:58:09,000 --> 00:58:10,000
Black.

813
00:58:10,000 --> 00:58:11,000
Yes.

814
00:58:12,000 --> 00:58:13,000
Yes.

815
00:58:13,000 --> 00:58:14,000
Mayor.

816
00:58:14,000 --> 00:58:15,000
Yes.

817
00:58:15,000 --> 00:58:16,000
And.

818
00:58:16,000 --> 00:58:17,000
Council member.

819
00:58:17,000 --> 00:58:18,000
Bartlett.

820
00:58:18,000 --> 00:58:20,000
Would you like to record a vote on the consent calendar?

821
00:58:20,000 --> 00:58:21,000
Yes.

822
00:58:21,000 --> 00:58:22,000
Okay.

823
00:58:22,000 --> 00:58:23,000
Motion passes.

824
00:58:23,000 --> 00:58:25,000
Consent calendar is adopted.

825
00:58:25,000 --> 00:58:29,000
Fundress supplies.

826
00:58:29,000 --> 00:58:35,000
We are going to just take a quick five minutes stretch.

827
00:58:35,000 --> 00:58:37,000
We're switching into the next item.

828
00:58:37,000 --> 00:58:38,000
Thank you.

829
00:58:42,000 --> 00:58:43,000
Okay.

830
00:58:43,000 --> 00:58:44,000
All right.

831
00:58:44,000 --> 00:58:45,000
Very good.

832
00:58:45,000 --> 00:58:47,000
We are going to.

833
00:58:47,000 --> 00:58:48,000
Yeah.

834
00:58:48,000 --> 00:58:50,000
We're going to call this meeting back in the session.

835
00:58:50,000 --> 00:58:51,000
And.

836
00:58:51,000 --> 00:58:54,000
And we are moving on to the action calendar.

837
00:58:54,000 --> 00:58:57,000
Starting with action item number 21.

838
00:58:57,000 --> 00:58:59,000
Which is amendments to.

839
00:58:59,000 --> 00:59:00,000
Yeah.

840
00:59:00,000 --> 00:59:03,000
We're going to call this meeting back in the session.

841
00:59:03,000 --> 00:59:04,000
And.

842
00:59:04,000 --> 00:59:07,000
And we are moving on to the action calendar.

843
00:59:07,000 --> 00:59:10,000
Starting with action item number 21.

844
00:59:10,000 --> 00:59:13,000
Which is amendments to title 21 subdivisions.

845
00:59:13,000 --> 00:59:16,000
To allow separate sale of 80 is continue from December 2nd,

846
00:59:16,000 --> 00:59:19,000
2025, which is why you're going first.

847
00:59:19,000 --> 00:59:22,000
And as it says items contain provides materials.

848
00:59:22,000 --> 00:59:23,000
Okay.

849
00:59:23,000 --> 00:59:24,000
We have Council member.

850
00:59:24,000 --> 00:59:25,000
Yes.

851
00:59:25,000 --> 00:59:26,000
Or wanting has this statement.

852
00:59:26,000 --> 00:59:27,000
Thank you very much.

853
00:59:27,000 --> 00:59:28,000
Madam mayor.

854
00:59:28,000 --> 00:59:32,000
I've been advised by the city attorney's office as well as the fair.

855
00:59:32,000 --> 00:59:36,000
Campaign political practices commission at the state level that I have a conflict of interest.

856
00:59:36,000 --> 00:59:38,000
And therefore, we'll be recusing on this item.

857
00:59:38,000 --> 00:59:39,000
Thank you.

858
00:59:40,000 --> 00:59:42,000
Okay.

859
00:59:42,000 --> 00:59:45,000
And Council member Trigger.

860
00:59:45,000 --> 00:59:50,000
Similarly, pursuant to.

861
00:59:50,000 --> 00:59:57,000
This advice from the city attorney and the fair political practices.

862
00:59:57,000 --> 00:59:58,000
Commission.

863
00:59:58,000 --> 01:00:00,000
I will be recusing myself.

864
01:00:00,000 --> 01:00:13,000
Okay, go ahead, sir. Thank you. Good evening, council members. I'm Jordan Klein. I'm director of planning development.

865
01:00:13,000 --> 01:00:16,000
Join you at the table by Justin Horner, principal planner on the policy team.

866
01:00:16,000 --> 01:00:22,000
And, Brunker to Tarwich on the policy team, who will be presenting on behalf of staff. Take it away.

867
01:00:22,000 --> 01:00:23,000
Brunker.

868
01:00:23,000 --> 01:00:25,000
Thank you, Jordan.

869
01:00:25,000 --> 01:00:34,000
Bring that close to yourself. Thank you, Mayor. Issue and the members of the city council.

870
01:00:34,000 --> 01:00:39,000
My name is Brunker to Tarwich, and I'm an associate planner with the land use planning division.

871
01:00:39,000 --> 01:00:52,000
Tonight, I'm presenting the ordinance to allow separate sale of ADUs under assembly bill 1033 as directed by city council referral and planning commission input.

872
01:00:53,000 --> 01:01:10,000
The planning commission reviewed the ADU condominiums item in spring and summer. The commission first discussed AB 1033 in March and recommended adoption of the new section, ADU condominiums as VMC section 2129 in May.

873
01:01:10,000 --> 01:01:21,000
Brunker municipal code currently doesn't allow ADUs to be sold separately. AB 1033 gives cities that option if they adopt local regulations.

874
01:01:21,000 --> 01:01:32,000
City council asked the planning department staff to create that pathway to broaden mother thinking home ownership and help homeowners build equity.

875
01:01:33,000 --> 01:01:42,000
The new chapter 2021-29 is Berkeley's opt-in to AB 1033. It is nested in title 21 subdivisions.

876
01:01:42,000 --> 01:01:50,000
The chapter applies only to the separate sale of ADUs on eligible lots and creates no new development rights.

877
01:01:50,000 --> 01:01:55,000
It provides a path to condoize what is already allowed.

878
01:01:55,000 --> 01:02:01,000
The process is ministerial where applicable under state law and our objective standards.

879
01:02:01,000 --> 01:02:09,000
State law also requires a leanholder consent, a safety inspection, and buyer disclosures.

880
01:02:09,000 --> 01:02:22,000
If the ADU is a covered rental, the ordinance preserves tenant protections, the right of first refusal, and the right to remain, per chapter 2128 condominium conversion.

881
01:02:23,000 --> 01:02:31,000
CCNRs and any necessary access easements are needed as required under the Davis Sterling Act and subdivision map act.

882
01:02:31,000 --> 01:02:39,000
Under the proposed ordinance condo-converted ADUs would be exempt from the condo conversion mitigation fee.

883
01:02:39,000 --> 01:02:50,000
Overall, the ordinance complies with state law adds no new standards and provides a practical path to attainable home ownership.

884
01:02:53,000 --> 01:03:08,000
Finally, staff recommends that the city council hold the public hearing and adopt the first reading of the ordinance to implement AB 1033 by allowing the separate sale of ADUs as condominiums through amendments to title 21.

885
01:03:08,000 --> 01:03:15,000
That concludes my presentation. Thank you, and I'm available for questions.

886
01:03:15,000 --> 01:03:28,000
Thank you very much. Appreciate the presentation. I would like to now go to council member Lina Para, so that she may present her supplemental.

887
01:03:28,000 --> 01:03:31,000
Great. He's me vice mayor.

888
01:03:31,000 --> 01:03:42,000
I think we might have to take down the staff presentation in order for me to share my screen. I have a presentation.

889
01:03:46,000 --> 01:03:48,000
Okay.

890
01:03:56,000 --> 01:03:57,000
All right.

891
01:03:57,000 --> 01:04:14,000
AB 1033 and the goal of the ADU condo conversion ordinance is to provide opportunities for more affordable home ownership, which is a critical piece of the puzzle and one that I personally relate very closely to as a young renter with some hope that I'll be able to afford a home in the Bay Area eventually.

892
01:04:15,000 --> 01:04:24,000
I think the fundamental question right now is around how to balance the stability of ADU tenants and the opportunities for potential future ADU homeowners.

893
01:04:24,000 --> 01:04:31,000
I don't believe that we should be incentivizing putting ADU tenants in jeopardy of displacement in exchange for home ownership opportunities.

894
01:04:31,000 --> 01:04:39,000
That was not the purpose of AB 1033 which allows cities to pass ADU conversion ordinances to encourage more developments of ADUs to be sold independently.

895
01:04:40,000 --> 01:04:54,000
Renters in affected ADUs should be provided with protection similar to those of tenants and other units proposed for condominium conversion based on our existing condominium conversion ordinance based on feedback from tenants housing supply advocates and our legal teams.

896
01:04:54,000 --> 01:04:59,000
This supplemental material proposes adding the following tenant protections to this ordinance.

897
01:05:00,000 --> 01:05:09,000
One to add a condition of approval to prevent no fault evictions to establish the right of first refusal for 90 days for all ADU tenants.

898
01:05:09,000 --> 01:05:18,000
Three prohibits condo conversion if there has been an owner move in eviction for the past five years to disincentivize using owner movements to avoid other tenant protections.

899
01:05:19,000 --> 01:05:28,000
Four provides a choice between paying the affordable housing mitigation fee or agreed to rent control the condoized ADU if it is rented out and I'll explain more about that in a moment.

900
01:05:28,000 --> 01:05:35,000
And five more clearly defined which ADUs are eligible for conversion zooming into the last point.

901
01:05:36,000 --> 01:05:51,000
These definitions would limit ADU conversion to ADUs built after 2002 and this is because pre 2003 dwellings that had undergone that have undergone the MSC program process are subject to this ordinance that they the time.

902
01:05:51,000 --> 01:06:00,000
The staff can explain this better but the time that at which the program is approved that is the year which it is officially.

903
01:06:00,000 --> 01:06:13,000
And built I guess for the purposes of this pre 2003 dwellings that have not undergone the MSC program process may be converted through the regular condo conversion ordinance not the ADU ordinance.

904
01:06:13,000 --> 01:06:23,000
Pre 2003 ADUs are considered built in the year they went through the MSC process so they would still fall under this ordinance prior to 2003.

905
01:06:23,000 --> 01:06:38,000
Accessories up during units to not have their own code section and we're only listed as a special use in the signal-family residential district the term ADU has also become a popular term that is used interchangeably with residential other dwelling types that were previously referred to as inline units cottages grain flats, etc.

906
01:06:38,000 --> 01:06:46,000
Most of these units are now considered full dwelling units and could only convert condominiums under the condo conversion ordinance.

907
01:06:47,000 --> 01:06:52,000
So this slide compares the differences between our condo conversion ordinance.

908
01:06:52,000 --> 01:06:59,000
Which is already law for non-ADU conversions the planning commission item and our supplemental item.

909
01:06:59,000 --> 01:07:11,000
The status of a covered versus an exempt ADU varies on situation on year of construction on year of certificate of occupancy on owner occupancy status on whether it was built on existing residential space, etc.

910
01:07:11,000 --> 01:07:25,000
The status of an ADU can vary and can change over time. Part of our goal here is to simplify the process and ensure that all ADU tenants are protected from displacement for the sake of conversion without adding new protections on property owners that do not wish to convert their unit.

911
01:07:26,000 --> 01:07:52,000
So first, the tenant right of first refusal the condo conversion ordinance requires that those converting a unit provide one year of right of first refusal for current and future tenants in covered and exempt dwelling units the planning commission recommended one year only for current tenants and fully covered dwelling units and the current supplemental compromises by decreasing the timeline to 90 days for current and future tenants and all dwelling units allowing for a quicker process for sellers.

912
01:07:53,000 --> 01:07:57,000
For the conversion prohibition after no fault evictions.

913
01:07:57,000 --> 01:08:10,000
So again, the current non-ADU conversion ordinance, condo conversion ordinance has a waiting period that prevents conversions after no fault eviction from happening by prohibiting landlords from doing a conversion for 10 years after a no fault eviction.

914
01:08:10,000 --> 01:08:20,000
The planning commission recommendation removes these protections for all units meaning a landlord can perform a no fault eviction and immediately convert their ADU displacing the tenant to sell the unit.

915
01:08:20,000 --> 01:08:32,000
And the current supplemental compromises by shortening the conversion prohibition to five years instead of 10 years and it also adds an endless savings clause to ensure compliance with state law.

916
01:08:32,000 --> 01:08:37,000
In terms of prohibiting owner movements for current tenants.

917
01:08:37,000 --> 01:08:43,000
The condo conversion ordinance prohibits owner movement evictions for all current tenants at the time of the conversion.

918
01:08:43,000 --> 01:08:49,000
The planning commission version prohibits owner movements for current tenants living in only covered dwelling units.

919
01:08:49,000 --> 01:09:00,000
At the time of conversion and our supplemental mirrors the existing condo conversion ordinance by prohibiting owner eviction owner movement evictions for all current tenants at the time of conversion.

920
01:09:00,000 --> 01:09:01,000
Well, we'll start.

921
01:09:02,000 --> 01:09:14,000
For the affordable housing mitigation fee piece the condo conversion ordinance requires property owners to pay the affordable housing mitigation fee during a conversion if they opt into rent control the fee is halved.

922
01:09:14,000 --> 01:09:20,000
The planning commission version does not require property owners to pay the affordable housing mitigation fee during a conversion.

923
01:09:21,000 --> 01:09:29,000
In our supplemental property owner who opts to make the newly converted ADU rent controlled which would only apply if the condo unit is rented out.

924
01:09:29,000 --> 01:09:32,000
They would pay zero dollars of the age mf.

925
01:09:32,000 --> 01:09:38,000
This incentivizes the preservation of rent control housing permits a placement and gives property owners more flexibility.

926
01:09:38,000 --> 01:09:49,000
I want to clarify again that this supplemental is not intended to add any new tenant protections for ADUs that are now already covered by the rental ordinance unless they are converting the unit into a condo.

927
01:09:49,000 --> 01:09:59,000
And that we are not required to adopt AB 1033 ordinance under state law, although we should.

928
01:09:59,000 --> 01:10:08,000
And these are some of the impacts briefly for the owner moving the protections would only apply in the case that the property owner voluntarily opts to convert their ADU into a condo.

929
01:10:08,000 --> 01:10:16,000
So for example, a landlord who wants to go out of business so relative can move into their ADU when it is already occupied by a tenant can still do that without penalty.

930
01:10:16,000 --> 01:10:21,000
Someone moving their relative into an ADU would likely not want to convert their ADU because they aren't selling it.

931
01:10:21,000 --> 01:10:24,000
So the proposed tenant protections of the supplemental would not apply.

932
01:10:24,000 --> 01:10:32,000
And the supplemental only ensures that while creating this new tool for property owners we don't we don't incentivize this placement.

933
01:10:32,000 --> 01:10:40,000
It does this by applying less restrictive versions of tenant protections that already apply in other situation other situations.

934
01:10:41,000 --> 01:10:49,000
Ultimately the goal of this legislation is to incentivize new development of ADUs for the sake of condoization not to replace a tenant in an ADU with a homeowner in an ADU.

935
01:10:49,000 --> 01:10:58,000
So statistically tenants of ADUs are lower income and significantly more likely to be displaced away from Berkeley or into homelessness than a middle income family looking to purchase a home.

936
01:10:58,000 --> 01:11:07,000
As I said at the beginning I would love to purchase a condo home in the future and start a family in Berkeley and I'm so glad to see you that council is taking concrete steps in creating these opportunities.

937
01:11:07,000 --> 01:11:14,000
And I do not want to place this place my friends who are current young tenants in ADUs in this situation.

938
01:11:14,000 --> 01:11:22,000
This is not a zero sum game and I believe that these amendments balance are priorities to ensure that we are incentivizing affordable home ownership without displacement.

939
01:11:22,000 --> 01:11:25,000
And I want to thank Director Klein and his team for all of their hard work on this.

940
01:11:25,000 --> 01:11:31,000
I'm also really grateful to the Planning Commission to the rent board and the City Attorney's Office for their substantial contributions to this ordinance.

941
01:11:31,000 --> 01:11:34,000
Thank you so much.

942
01:11:34,000 --> 01:11:35,000
Thank you council.

943
01:11:35,000 --> 01:11:37,000
Thank you, vice mayor.

944
01:11:37,000 --> 01:11:51,000
Okay, so I'd like to get questions from council members first and then and that could be to vice mayor of Inopara or to staff and then I will take public comment and then we'll go to council comments.

945
01:11:51,000 --> 01:11:54,000
We'll go to council comments before moving to vote.

946
01:11:54,000 --> 01:11:57,000
So questions.

947
01:12:02,000 --> 01:12:03,000
Okay.

948
01:12:03,000 --> 01:12:11,000
I'd like to ask staff if you can please speak to the need for clarification of language around which ADUs this would apply to.

949
01:12:11,000 --> 01:12:12,000
This is council member.

950
01:12:12,000 --> 01:12:15,000
Then I'll pause point she's she mentioned that staff might be able to explain it better.

951
01:12:15,000 --> 01:12:18,000
So I just wanted to get some clarity on that.

952
01:12:21,000 --> 01:12:23,000
Sorry, which ADUs.

953
01:12:23,000 --> 01:12:26,000
For supplemental with a by two or which ADUs.

954
01:12:26,000 --> 01:12:30,000
No, the final bullet point if you wouldn't mind pulling it up.

955
01:12:30,000 --> 01:12:35,000
Ask for clarity around the language.

956
01:12:35,000 --> 01:12:44,000
I mentioned that because the the situation in which an ADU is granted the.

957
01:12:45,000 --> 01:12:51,000
The amnesty program makes makes the like date kind of complicated so I was wondering if you could just explain it better than I could.

958
01:12:51,000 --> 01:12:56,000
What that means when an ADU makes this will need to you get approved under the amnesty program.

959
01:12:56,000 --> 01:13:00,000
So under the staff and planning commission proposal.

960
01:13:01,000 --> 01:13:16,000
A unit that sought amnesty through the city's amnesty program for unpermanaged while units could a could qualify for conversion as a condo but only if but.

961
01:13:16,000 --> 01:13:18,000
There's two pathways through the amnesty program.

962
01:13:18,000 --> 01:13:24,000
There's a certificate of compliance pathway which doesn't result in a full certificate of occupancy.

963
01:13:25,000 --> 01:13:30,000
That in that case the the unpermanaged unit is only screen for.

964
01:13:30,000 --> 01:13:37,000
For housing safety and it doesn't go through the full land use entitlement process it doesn't go through the.

965
01:13:37,000 --> 01:13:40,000
The full building inspection process in that case.

966
01:13:40,000 --> 01:13:43,000
It couldn't get converted into a condo.

967
01:13:43,000 --> 01:13:51,000
If it goes the full route was that which is essentially the normal entitlement and building permitting process.

968
01:13:51,000 --> 01:13:54,000
And the state protection for many code enforcement.

969
01:13:54,000 --> 01:14:03,000
Then it would qualify for conversion regardless of the date of original construction.

970
01:14:03,000 --> 01:14:11,000
And I think that's one way in which the in which the supplemental differs from the planning commission recommendation.

971
01:14:11,000 --> 01:14:14,000
Okay, thank you.

972
01:14:15,000 --> 01:14:30,000
And I know we've gone over this but I think it would be good if you could also help us understand what if any productions exist for tenants who live in an exempt to you.

973
01:14:30,000 --> 01:14:35,000
So yeah, I can answer that question so.

974
01:14:35,000 --> 01:14:38,000
The full exempt units.

975
01:14:38,000 --> 01:14:43,000
We have actually on.

976
01:14:43,000 --> 01:14:48,000
Full exempt units have no protection.

977
01:14:48,000 --> 01:14:52,000
But the.

978
01:14:52,000 --> 01:15:00,000
There's there is really small subset of units that are fully exempt so.

979
01:15:00,000 --> 01:15:18,000
So, yeah, I can answer that question. So, fully exempt units. Actually, fully exempt

980
01:15:18,000 --> 01:15:36,000
have no protection, but there is really small subset of units that are fully exempt. So, that doesn't mean that the

981
01:15:36,000 --> 01:15:49,000
80s to be converted are not going to offer any protection, because most of them are actually partially covered units, and they have some of the tenant protections.

982
01:15:49,000 --> 01:16:01,000
So, all of the tenant protections that are in conversion ordinance that apply to partially covered units would also be applied to these 80s.

983
01:16:01,000 --> 01:16:16,000
And most of the of the 80s that are rented would fall into that category. So, these protections would be exclusive right to purchase, right to remain, and recent no fault evictions screening.

984
01:16:16,000 --> 01:16:18,000
Thank you.

985
01:16:18,000 --> 01:16:45,000
Thank you. Yeah. So, the point is full exempt units. That's a very, very narrow subset. And it only actually applies to 80 use that are on the property zone for single family, for single family use, and where there are only two units and one of them is on there.

986
01:16:45,000 --> 01:17:01,000
Thank you. Council Member Blockaby. Thanks, Madam Mayor. One quick question, and we may not have the answer. I was curious of staff as any rough projections predictions is to the kind of volume we might expect.

987
01:17:01,000 --> 01:17:07,000
I know we had a similar discussion about that during the middle housing discussion.

988
01:17:07,000 --> 01:17:20,000
But do you have a sense of under the Planning Commission proposal, any rough projections of volume, and how that may or may not be affected in the alternative version? We have any sense of numbers.

989
01:17:20,000 --> 01:17:32,000
Sure. I'll give a crack at take a crack at that. So, we have been seeing production on average of about 180 use per year of the last five years or so.

990
01:17:32,000 --> 01:17:39,000
We don't think that that's going to be impacted in a hugely by either of these proposals.

991
01:17:39,000 --> 01:18:00,000
What it does, it creates a new avenue for separate sale, but I mean, it's difficult to speculate, but I don't think that this will necessarily, I mean, we think it could have a slightly beneficial in terms of production. It could encourage a little bit more production.

992
01:18:00,000 --> 01:18:11,000
I'm creating an opportunity for somebody to take advantage of some unused land on their property.

993
01:18:11,000 --> 01:18:23,000
And then regarding the supplemental material, you know, most of the most of the proposed expand provisions don't have any direct impact on unit production.

994
01:18:23,000 --> 01:18:33,000
The really about when there's an existing sitting tenant. And so somebody who's choosing to go to produce a new unit, they could decide whether or not they want to rent out that unit.

995
01:18:33,000 --> 01:18:39,000
You know, the one possible exception is the the application of the affordable housing mitigation fee.

996
01:18:39,000 --> 01:18:53,000
Because that's still in edge case, because it's somebody who is planning to produce an ADU for separate sale with the expectation that it would be a for rent unit.

997
01:18:53,000 --> 01:19:01,000
Right, so that's a pretty narrow subset of the kind of units we're talking about, but it could have a slight impact on production, but we don't think it began.

998
01:19:01,000 --> 01:19:12,000
Okay, great. And then getting back to the earlier question about kind of what's covered, what's not covered. Again, your sense is the vast majority, the fully covered units and the partially covered units.

999
01:19:12,000 --> 01:19:16,000
That's still where most of the volume is.

1000
01:19:16,000 --> 01:19:30,000
And the number of units that are the fully of the full exempt kind, which is, for the most part, what would exist in my district in the 60s or individual homeowners who may or may not create an ADU and are going to be owner occupied.

1001
01:19:30,000 --> 01:19:35,000
That's a relatively small percentage of the overall volume. Is that fair to say?

1002
01:19:35,000 --> 01:19:42,000
Yeah, I just want to qualify, but we really don't have good data. Just distinguishing these by by type.

1003
01:19:42,000 --> 01:19:55,000
So it's really difficult for us to answer, you know, you heard, you heard, Broncos speculate that it's, it's likely a pretty small percentage of the overall volume of 80s, but we don't have great data on that.

1004
01:19:55,000 --> 01:20:11,000
Okay, but if you are, if you are a tenant, an ADU that's owned by someone who's not, does not live on site full protection or partial or full protections under the existing right controller, and that's preserved in this in this piece.

1005
01:20:11,000 --> 01:20:14,000
Okay, thank you.

1006
01:20:14,000 --> 01:20:18,000
Thank you very much any other questions?

1007
01:20:18,000 --> 01:20:22,000
Okay. Oh, sorry. Yes. Thank you. Councilmember Taplan.

1008
01:20:22,000 --> 01:20:32,000
Thank you. I would actually like to refer my questions to this city attorney.

1009
01:20:32,000 --> 01:20:40,000
Thank you. I also have Steve Hiles that worked on this project available.

1010
01:20:40,000 --> 01:20:44,000
Feel free to ask you there are us the question.

1011
01:20:44,000 --> 01:20:47,000
Sure. Thank you very much. Thank you very much.

1012
01:20:47,000 --> 01:21:01,000
So this was before my time, but we've received communications periodically from members of the ADU task force regarding exemptions to the rent civilisation ordinance for certain types of rental units codified by the 2018 burpy measure queue.

1013
01:21:01,000 --> 01:21:07,000
Can you clarify what those exemptions were and what impacts on those exemptions, the amendments were posed here tonight.

1014
01:21:07,000 --> 01:21:14,000
And this help me know what would have how the proposed language would interact with the RSO.

1015
01:21:14,000 --> 01:21:21,000
I can start and then I can turn it over to Steve if he is prepared to answer that.

1016
01:21:21,000 --> 01:21:35,000
But in our examination of the ordinance, there's no conflict between measure queue, which was, as you mentioned, a ballot initiative and this ordinance.

1017
01:21:35,000 --> 01:21:41,000
Steve, I don't know if you're online or Lauren, if you wanted to add anything.

1018
01:21:41,000 --> 01:21:55,000
Yes, I am. Hi. Yes. So under measure queue, which, as you noted, was passed by the voters in 2018.

1019
01:21:56,000 --> 01:22:16,000
So third in ADU specifically, third in ADU's on properties where there's this single family home and the landlord occupies a unit in the same property are fully exempt from the rental ordinance.

1020
01:22:17,000 --> 01:22:28,000
Provided that the tendencies in question work created after the November of 2018.

1021
01:22:28,000 --> 01:22:42,000
And so for those types of units are fully exempt under the rental ordinance and they are treated as such under these staff proposal.

1022
01:22:43,000 --> 01:22:46,000
Thank you very much.

1023
01:22:46,000 --> 01:22:57,000
And so what the language proposed by this supplemental removed that exemption for those units.

1024
01:22:57,000 --> 01:23:26,000
If wouldn't remove all of those exemptions, but I believe it would remove some in that it would apply certain tenant protections to all ADUs.

1025
01:23:27,000 --> 01:23:39,000
We, however, have included that the way that the supplemental is written wouldn't pose any conflict with measure queue.

1026
01:23:39,000 --> 01:23:45,000
All right, thank you, then my final question is for the planning staff.

1027
01:23:46,000 --> 01:24:00,000
Do we in my apologies if we don't have this, but do we have numbers on ADUs produced before and after November of 2018.

1028
01:24:01,000 --> 01:24:16,000
We have numbers produced after 2018 and I mentioned it's been on average about 100 year, since then we don't have good data on production prior to.

1029
01:24:16,000 --> 01:24:19,000
Around that point actually.

1030
01:24:19,000 --> 01:24:21,000
Yeah.

1031
01:24:21,000 --> 01:24:25,000
Thank you very much. Those are my questions.

1032
01:24:25,000 --> 01:24:28,000
Okay, thank you very much, another questions.

1033
01:24:28,000 --> 01:24:33,000
Okay, we will move on to public comment, then please.

1034
01:24:33,000 --> 01:24:37,000
Come on up.

1035
01:24:37,000 --> 01:24:39,000
I've got a minute from someone.

1036
01:24:39,000 --> 01:24:40,000
Yeah.

1037
01:24:40,000 --> 01:24:46,000
I know many of you are here for that, so I kind of want to just get a sense of how many folks.

1038
01:24:46,000 --> 01:24:51,000
Okay, it'll be a minute, so and you have a minute from this person here.

1039
01:24:51,000 --> 01:24:52,000
Okay.

1040
01:24:52,000 --> 01:24:55,000
Good evening, Mayor and members of the city council.

1041
01:24:55,000 --> 01:25:01,000
As chair of the run board, I'd like to thank council member Luna Paren, council member Bartlett for the support for this supplemental, which will.

1042
01:25:01,000 --> 01:25:09,000
I think the important thing to understand is largely mirrors protections already in place for tenants in when condo conversions occur.

1043
01:25:09,000 --> 01:25:16,000
But significantly lower the burden of those protections for during the conversion process.

1044
01:25:16,000 --> 01:25:23,000
The board supports in concept the idea that we want to make it easier to produce homeownership opportunities in Berkeley, right.

1045
01:25:23,000 --> 01:25:32,000
You know, whether we need more housing, whether it's rental housing or own housing and as council member Luna Paren said, maybe one day some of us young folks will be able to buy a house in Berkeley.

1046
01:25:32,000 --> 01:25:41,000
But I think the important thing as planning director Klein mentioned is that we don't need to incentivize the creation of units that already exist, right.

1047
01:25:41,000 --> 01:25:44,000
Those units that are currently tenant occupied have been built.

1048
01:25:44,000 --> 01:25:51,000
We don't need to do anything to incentivize their creation and it doesn't make a new housing to replace tenant occupied housing with owner occupied housing.

1049
01:25:51,000 --> 01:25:59,000
And so any unit that's going to be built because of this ordinance will be built empty of tenants, no building that you build from the ground up comes to the tenant inside it.

1050
01:25:59,000 --> 01:26:06,000
And so this will have minimal impacts on the creation of what this unit would what this proposal would do to incentivize the creation of new housing.

1051
01:26:06,000 --> 01:26:15,000
As director Klein stated, the one part that could is this part about the fee, but these are units that are designed to be sold and owned.

1052
01:26:15,000 --> 01:26:22,000
So the imposition of right control will have a diminished impact on selling price if it's being sold for a home ownership opportunity.

1053
01:26:22,000 --> 01:26:24,000
Those units are not going to be rented.

1054
01:26:24,000 --> 01:26:33,000
It's more of an insurance, right, that basically if you're not going to use the ordinance for the purpose that we're designing it to want to make sure that tenants in this units have protections.

1055
01:26:33,000 --> 01:26:36,000
Additionally, sorry, my phone locked.

1056
01:26:36,000 --> 01:26:42,000
I'd like to be environmentally friendly and have a fast closed time, but it took some time to make sure to put.

1057
01:26:42,000 --> 01:26:47,000
Likewise, all currently built EDUs were built with the understanding that they wouldn't be sold as condos.

1058
01:26:47,000 --> 01:26:56,000
So there's no rug pull going on here. This is the status quo and we're granting a new right, which is the right to convert to a condo and imposing reasonable protections that mirror current protection.

1059
01:26:56,000 --> 01:26:57,000
Thank you.

1060
01:26:57,000 --> 01:27:01,000
So just I'll say I think I have staff in the run for here if folks have any questions.

1061
01:27:01,000 --> 01:27:11,000
Thank you.

1062
01:27:11,000 --> 01:27:12,000
Thank you.

1063
01:27:12,000 --> 01:27:13,000
Thank you, Carol.

1064
01:27:13,000 --> 01:27:14,000
Is that Carol? Sorry, I can't see you.

1065
01:27:14,000 --> 01:27:15,000
Okay, thank you.

1066
01:27:15,000 --> 01:27:19,000
So I appreciate the chance to speak to this.

1067
01:27:19,000 --> 01:27:26,000
I went in here to support the work of Councilmember Lonepara.

1068
01:27:26,000 --> 01:27:30,000
And also folks, can I just have it be quiet while people give public comment?

1069
01:27:30,000 --> 01:27:31,000
Thank you.

1070
01:27:31,000 --> 01:27:32,000
Okay.

1071
01:27:32,000 --> 01:27:36,000
So I'm here to support that and there's many details.

1072
01:27:36,000 --> 01:27:50,000
I don't know, but I did want to speak to the item on page five in the packet, which indicate ADU condos would be exempt from conversion mitigation fees.

1073
01:27:50,000 --> 01:27:55,000
So I would very much encourage a relook at that.

1074
01:27:55,000 --> 01:28:11,000
I have for the last 20 years of lived in limited equity condominium co-housing, which meant there was a group of us that got together bought or moved in as renters into a property that had already been

1075
01:28:11,000 --> 01:28:18,000
unfortunately depleted of renters, but we moved in as an empty as cooperators.

1076
01:28:18,000 --> 01:28:25,000
The point was that we negotiated for permanent affordability at the moderate income level in perpetuity.

1077
01:28:25,000 --> 01:28:33,000
And we were in exchange for giving up the condo, the rental conversion fees, the condo conversion fee.

1078
01:28:33,000 --> 01:28:39,000
That helped us create and be able to buy these units as moderate income people.

1079
01:28:39,000 --> 01:28:46,000
And that agreement is now going away because the city attorneys said no, you can't make it in perpetuity.

1080
01:28:46,000 --> 01:28:58,000
I would really like to encourage you to think about that as a bargaining negotiators to actually make it permanently affordable.

1081
01:28:58,000 --> 01:29:08,000
If with mitigation fee forgiven, if people go with land trust or some other mechanism that keeps it perpetually affordable to moderate income people.

1082
01:29:08,000 --> 01:29:17,000
Because we know how crazed the market of sellers and interested parties have been.

1083
01:29:17,000 --> 01:29:18,000
Thank you.

1084
01:29:18,000 --> 01:29:19,000
Thanks, Betsy.

1085
01:29:19,000 --> 01:29:20,000
Thank you.

1086
01:29:31,000 --> 01:29:32,000
Hello.

1087
01:29:32,000 --> 01:29:34,000
I'm a mayor and city council.

1088
01:29:34,000 --> 01:29:36,000
Nathan Mizerberg, the rent board.

1089
01:29:36,000 --> 01:29:37,000
Good to see all of y'all.

1090
01:29:37,000 --> 01:29:38,000
I want to thank him.

1091
01:29:38,000 --> 01:29:42,000
Comfort Bartlett, vice chair of the par for introducing this item.

1092
01:29:42,000 --> 01:29:47,000
I think chair Albert said, really all the main points here.

1093
01:29:47,000 --> 01:29:52,000
Certainly those were originally gotten the ADU, you know, market or business.

1094
01:29:52,000 --> 01:30:00,000
This is a new avenue for them and hopefully for, you know, regular folks in our city to be able to live here and maybe buy a home.

1095
01:30:00,000 --> 01:30:18,600
Good evening, Mayor Easty and Councillor members. My name is Audrey Cramer. I am a sophomore at East

1096
01:30:18,600 --> 01:30:27,240
Good evening, Mayor Ishii and council members.

1097
01:30:27,240 --> 01:30:29,040
My name is Audrey Cramer.

1098
01:30:29,040 --> 01:30:33,560
I am a sophomore at UC Berkeley and I'm speaking to you today on behalf of Cal Berkeley

1099
01:30:33,560 --> 01:30:34,560
Democrats.

1100
01:30:34,560 --> 01:30:40,360
I am coming to you as a student and I urge you to adopt a amendment to Title 21.

1101
01:30:40,360 --> 01:30:41,960
Housing in this city is expensive.

1102
01:30:41,960 --> 01:30:46,000
We all know it but the people who feel it are the students like me.

1103
01:30:46,000 --> 01:30:50,120
And enabling the sale of these units separately encourages the building of these homes allowing

1104
01:30:50,120 --> 01:30:52,400
for more housing to be built in our community.

1105
01:30:52,400 --> 01:30:56,440
It is important to me as a renter in this city that my government works hard to keep our city

1106
01:30:56,440 --> 01:30:59,040
and community affordable and renter friendly.

1107
01:30:59,040 --> 01:31:01,920
I am particularly in favor of council member Luna Paras.

1108
01:31:01,920 --> 01:31:05,080
Amendment to increase tenant protections for all of us.

1109
01:31:05,080 --> 01:31:09,760
Please adopt this amendment to Title 21 but especially the revised agenda material.

1110
01:31:09,760 --> 01:31:10,760
Thank you for your time.

1111
01:31:10,760 --> 01:31:11,760
Thank you.

1112
01:31:11,760 --> 01:31:18,200
Good evening, Mayor Ishii and council members.

1113
01:31:18,200 --> 01:31:20,800
I'm remembered here on behalf of East pay for everyone.

1114
01:31:20,800 --> 01:31:25,600
East pay for everyone believes that the most successful outcome of this policy is increased

1115
01:31:25,600 --> 01:31:28,760
production of 80 use for condosation.

1116
01:31:28,760 --> 01:31:33,560
We believe that increasing tenant protections for sitting 80 tenants would not preclude increased

1117
01:31:33,560 --> 01:31:38,360
production and would limit displacement of lower income residents, younger families and generally

1118
01:31:38,360 --> 01:31:39,360
vulnerable tenants.

1119
01:31:39,360 --> 01:31:42,960
And I also want to highlight that Dr. Klein just shared his response to council member

1120
01:31:42,960 --> 01:31:49,760
Brock at the Brock piece question that added protections wouldn't have a notable impact

1121
01:31:49,760 --> 01:31:51,680
on production.

1122
01:31:51,680 --> 01:31:56,880
We applaud your dedication to implementing AB 1033, not every jurisdiction in the state is doing

1123
01:31:56,880 --> 01:31:57,880
that.

1124
01:31:57,880 --> 01:32:00,320
But we urge you to pass this policy right.

1125
01:32:00,320 --> 01:32:05,440
We can be a model for how cities implement AB 1033, justly statewide.

1126
01:32:05,440 --> 01:32:08,120
I hope you can accomplish that tonight.

1127
01:32:08,120 --> 01:32:14,600
It's a calm home funding zeroed out in new state budget and with tenants more, with tenants

1128
01:32:14,600 --> 01:32:18,560
more precariously housed than ever, it's important to pass this policy but to do it right

1129
01:32:18,560 --> 01:32:19,560
with that of protections.

1130
01:32:19,560 --> 01:32:20,560
Thank you.

1131
01:32:20,560 --> 01:32:23,560
Thanks, Sam.

1132
01:32:23,560 --> 01:32:28,200
Good evening, everyone.

1133
01:32:28,200 --> 01:32:29,200
Thank you.

1134
01:32:29,200 --> 01:32:35,000
Council member Bartlett and Vice Mayor Winopara for these amendments and modifications.

1135
01:32:35,000 --> 01:32:39,400
I really hope and urge council to support these.

1136
01:32:39,400 --> 01:32:49,760
I am extremely hopeful for the continuous agenda of housing options as well as tenant protections.

1137
01:32:49,760 --> 01:32:50,760
Thank you so much.

1138
01:32:50,760 --> 01:32:51,920
Thank you.

1139
01:32:51,920 --> 01:32:52,920
Good evening.

1140
01:32:52,920 --> 01:33:00,200
Good evening, Mr. Councilors.

1141
01:33:00,200 --> 01:33:07,800
I just wanted to thank you for making for this item and making ADUs more easier to create

1142
01:33:07,800 --> 01:33:08,800
and use.

1143
01:33:08,800 --> 01:33:18,880
And I also wanted to thank Council member Winopara for the supplemental because you can have housing

1144
01:33:18,880 --> 01:33:24,320
development and renters rights and so thank you so much and I hope you will adopt

1145
01:33:24,320 --> 01:33:27,320
Council member Winopara supplemental.

1146
01:33:27,320 --> 01:33:29,320
Thank you.

1147
01:33:29,320 --> 01:33:31,320
Come on up.

1148
01:33:31,320 --> 01:33:33,320
It's a new this again.

1149
01:33:33,320 --> 01:33:34,800
That's down below.

1150
01:33:34,800 --> 01:33:35,800
Hello.

1151
01:33:35,800 --> 01:33:36,800
My name is Daniel.

1152
01:33:36,800 --> 01:33:41,680
I'm with the Cal Berkeley Democrats and I would just like to voice my support for the measure.

1153
01:33:41,680 --> 01:33:47,160
I think that obviously Berkeley is facing an acute housing shortage and ADUs are probably going

1154
01:33:47,160 --> 01:33:49,760
to make up a big part of reminding that issue.

1155
01:33:49,760 --> 01:33:54,920
ADUs made up I think something like 20% of new housing developments in the past few years which

1156
01:33:54,920 --> 01:34:00,680
obviously implies that they'll be a big part of housing development in the future.

1157
01:34:00,680 --> 01:34:06,720
I also think that it's important to ensure that tenants still have their needed protections.

1158
01:34:06,720 --> 01:34:16,080
I think that as the, as they said earlier, it wouldn't so adversely affect housing

1159
01:34:16,320 --> 01:34:21,160
what's called production of ADUs so I think that you know just looking at the facts as long

1160
01:34:21,160 --> 01:34:27,600
as they don't adversely affect ADU production I think that it's reasonable to adopt it.

1161
01:34:27,600 --> 01:34:28,600
Thank you.

1162
01:34:28,600 --> 01:34:31,600
Thank you.

1163
01:34:31,600 --> 01:34:42,200
Good evening, is this not good evening Maryy, she and Council members, I'm either Martinach.

1164
01:34:42,200 --> 01:34:49,440
I'm also a rent board commissioner and would like to echo the comments of my colleagues and

1165
01:34:49,440 --> 01:34:57,560
I just want to say my hope is limited to surviving this year but should we all survive this

1166
01:34:57,560 --> 01:34:58,560
year?

1167
01:34:58,560 --> 01:35:05,760
It would be nice to be able to afford a home in Berkeley and I really wish that for the younger

1168
01:35:05,760 --> 01:35:14,960
generation to be able to own a home and I welcome Vice Mayor and Council Member Bartlett's

1169
01:35:14,960 --> 01:35:20,400
supplement and that it is a very happy compromise.

1170
01:35:20,400 --> 01:35:22,120
Thank you so much.

1171
01:35:22,120 --> 01:35:22,320
Thank you.

1172
01:35:22,320 --> 01:35:35,720
Good evening, Council Mayor and Vice Mayor, my name is Rebecca and I'm an ADU tenant in Berkeley

1173
01:35:35,720 --> 01:35:41,000
I think that we should adopt a version of AB 1033 with more tenant protections with the

1174
01:35:41,000 --> 01:35:47,520
goal of incentivizing new development for condos instead of replacing existing ones.

1175
01:35:47,520 --> 01:35:53,400
And as an ADU renter I want just as everyone else before me said to be able to buy a home some

1176
01:35:53,400 --> 01:35:59,280
day especially in Berkeley but I don't want to be risk being evicted in a meantime.

1177
01:35:59,280 --> 01:36:03,440
Please support Vice Mayor and I'm a part of the supplement to all thank you.

1178
01:36:03,440 --> 01:36:04,440
Thank you.

1179
01:36:04,440 --> 01:36:15,080
Hi all, I'm Audrey Tansson, another Audrey but a student in Cal Habitat for Humanity.

1180
01:36:15,080 --> 01:36:19,400
Many students as renters see ADUs as important to Berkeley's housing and I know this because

1181
01:36:19,400 --> 01:36:24,720
you let me and you guys know, important enough to email you over what to break to show up and

1182
01:36:24,720 --> 01:36:27,200
to speak here today on our first day of school.

1183
01:36:27,200 --> 01:36:30,600
Here's a comment from DOA who isn't here today.

1184
01:36:30,600 --> 01:36:34,400
Like many students I chose Berkeley not just for school but also because I care about this community

1185
01:36:34,400 --> 01:36:39,360
and hope to stay in the area after graduation and housing is a big issue on my mind.

1186
01:36:39,360 --> 01:36:43,360
Over the past few years I've watched friends show to find affordable housing close to campus or face

1187
01:36:43,360 --> 01:36:45,720
unexpected rent increases.

1188
01:36:45,720 --> 01:36:49,680
Soon housing often comes in the form of small units or ADUs and those spaces are essential

1189
01:36:49,680 --> 01:36:53,120
for keeping Berkeley accessible to students from all backgrounds.

1190
01:36:53,120 --> 01:36:56,880
When tenants are displaced it doesn't just disrupt our housing, it also usually impacts our

1191
01:36:56,880 --> 01:36:59,640
education, mental health and sensitive belonging.

1192
01:36:59,640 --> 01:37:04,640
When you consider our voices AB 1033 expands housing access opportunities simultaneously

1193
01:37:04,640 --> 01:37:09,800
displaced ADU tenants are more likely to be homeless, but if they can set up a precedent here tonight

1194
01:37:09,800 --> 01:37:12,640
prioritizing home ownership and tenant property.

1195
01:37:12,640 --> 01:37:13,640
Thank you.

1196
01:37:13,640 --> 01:37:14,640
Thank you.

1197
01:37:20,640 --> 01:37:25,640
My name is Shaolinie, I'm also with Cal Habitat for Humanity and Organization centered around equitable

1198
01:37:25,640 --> 01:37:26,640
housing.

1199
01:37:26,640 --> 01:37:28,640
I'm speaking on behalf of my peer Avis Smith.

1200
01:37:28,640 --> 01:37:31,640
A close friend of hers who lived in our hometown or a whole life was forced to leave the home

1201
01:37:31,640 --> 01:37:38,640
that her family was living in after the landlords decided to turn the homes garage into an ADU.

1202
01:37:38,640 --> 01:37:41,640
They were without a home for months and ultimately were forced to leave the community.

1203
01:37:41,640 --> 01:37:46,640
A large reason why I've loved living in Berkeley is because of this community's diversity.

1204
01:37:46,640 --> 01:37:51,640
Permitting ADUs as written as AB 1033 has written can hurt the diversity.

1205
01:37:51,640 --> 01:37:57,640
AB 1033 is a good policy that will increase the number of housing units but in a city that already relies on rent control

1206
01:37:57,640 --> 01:37:58,640
and displacement.

1207
01:37:58,640 --> 01:38:04,640
I hope that tenant protections will be included in AB 1033, because by including safeguards

1208
01:38:04,640 --> 01:38:09,640
to prevent no fall evictions and guaranteeing first-righted refusal, Berkeley can ensure that families

1209
01:38:09,640 --> 01:38:13,640
and individuals will not suffer from the implementations of ADUs the same way people have in her

1210
01:38:13,640 --> 01:38:14,640
hometown, and that's it.

1211
01:38:14,640 --> 01:38:15,640
Thank you.

1212
01:38:15,640 --> 01:38:18,640
Thank you for your comment.

1213
01:38:18,640 --> 01:38:30,640
Hi, my name is Lucia and I'm also part of Calhapata and I'm speaking from my friend Lorena.

1214
01:38:30,640 --> 01:38:36,640
Hello, my name is Lorena and I personally am currently fortunate enough to live in a student rental

1215
01:38:36,640 --> 01:38:40,640
here in the University of Village where my rent is covered by financial aid.

1216
01:38:40,640 --> 01:38:45,640
Otherwise, like many others, I'd be struggling in finding affordable housing.

1217
01:38:45,640 --> 01:38:51,640
As I've had countless of my peers, tell me of their unfortunate housing situations that ultimately

1218
01:38:51,640 --> 01:38:56,640
left them homeless, couch hopping, and seeking unconventional housing for the night.

1219
01:38:56,640 --> 01:39:01,640
It is planned to see that it isn't humane and should be prevented from worsening.

1220
01:39:01,640 --> 01:39:08,640
It is substantial that we keep in mind that many students live in ADUs.

1221
01:39:08,640 --> 01:39:12,640
Hold up.

1222
01:39:13,640 --> 01:39:19,640
That many students live in ADUs or small rental units, and as students, we wish to protect ourselves as tenants.

1223
01:39:19,640 --> 01:39:20,640
Thank you.

1224
01:39:20,640 --> 01:39:21,640
Thank you.

1225
01:39:26,640 --> 01:39:28,640
Hello, my name is Madeline.

1226
01:39:28,640 --> 01:39:35,640
I also a member of Calhapata for Humanity, a Berkeley, and I'll be speaking on behalf of my peer all over Chang who cannot be here today.

1227
01:39:35,640 --> 01:39:38,640
Hello, my name is Oliver Chang.

1228
01:39:38,640 --> 01:39:42,640
I am currently renting an apartment in Berkeley for college and will be there for nearly another year and a half.

1229
01:39:42,640 --> 01:39:48,640
I've seen too many examples firsthand of how housing instability has affected how students go about their daily lives.

1230
01:39:48,640 --> 01:39:54,640
In fact, today I was with a friend who was absent-minded because all she could think about was how she had to move out because where I was being raised.

1231
01:39:54,640 --> 01:39:58,640
I wish she was living currently affecting her thought process and how she interacted with everyone.

1232
01:39:58,640 --> 01:40:04,640
As a result, I believe we should say yes to ABU 1033 in tenant protections because Berkeley has an opportunity to do this right.

1233
01:40:04,640 --> 01:40:10,640
This is a good policy. We should allow ADUs to be converted into condos and so separately, especially when they are newly built and not rented.

1234
01:40:10,640 --> 01:40:18,640
But this should not happen at the expense of existing ADU tenants who are especially vulnerable tenants that live there currently.

1235
01:40:18,640 --> 01:40:20,640
Those are protections as well. Thank you.

1236
01:40:20,640 --> 01:40:21,640
Thank you.

1237
01:40:21,640 --> 01:40:22,640
Thank you.

1238
01:40:27,640 --> 01:40:33,640
Hi, my name is Alex DeFraga, and I'll be reading on behalf of Angie, a fellow Calhapata for Humanity Member and UC Berkeley student.

1239
01:40:33,640 --> 01:40:37,640
A couple of years ago, I lived in a rented ADU with my family.

1240
01:40:37,640 --> 01:40:43,640
Though it wasn't hearing Berkeley, it was one of the many ways we experienced an inequitable and inaccessible path to ownership.

1241
01:40:43,640 --> 01:40:47,640
And it is applicable to a variety of communities across the country.

1242
01:40:47,640 --> 01:40:54,640
Having the ADUs, a housing option had significantly helped my family find a sense of stability and it's the housing challenges we were experiencing.

1243
01:40:54,640 --> 01:41:00,640
A lack of information on tenant protections and educational barriers pushed us to displacement when the rent increased over time

1244
01:41:01,640 --> 01:41:03,640
and ownership of the ADU was not an option.

1245
01:41:03,640 --> 01:41:06,640
Berkeley has an opportunity to do this right.

1246
01:41:06,640 --> 01:41:10,640
ADUs have the potential to offer an affordable space upgraded from a room or apartment.

1247
01:41:10,640 --> 01:41:16,640
If combined with greater time, protections against displacement and towards home ownership, Berkeley can expand long-term housing stability.

1248
01:41:16,640 --> 01:41:20,640
We hope that the Lunar Power of Bartlett Supplemental is adopted with AB 1033.

1249
01:41:20,640 --> 01:41:22,640
Thank you for your time and consideration.

1250
01:41:24,640 --> 01:41:25,640
Thank you very much.

1251
01:41:25,640 --> 01:41:30,640
Good evening, Council.

1252
01:41:30,640 --> 01:41:31,640
I'm Debbie Sanderson.

1253
01:41:31,640 --> 01:41:34,640
I'm speaking on behalf of the ADU Task Force.

1254
01:41:34,640 --> 01:41:40,640
In the past, this council has been very supportive of housing and we thank you for that.

1255
01:41:40,640 --> 01:41:47,640
We think it is now imperative that we build as many ADUs as we can.

1256
01:41:47,640 --> 01:42:11,640
But we want to remind you that the people of Berkeley gave us a clear mandate in 2018 and we should continue to honor that mandate through the life of the ADU, even as a condo.

1257
01:42:11,640 --> 01:42:31,640
So we urge you, I think, the spirit of 2018, Measure Q, was to relieve ADUs that on owner occupied property, a small number of them, to have control over who is in the ADU because they live there too.

1258
01:42:31,640 --> 01:42:36,640
Thank you.

1259
01:42:36,640 --> 01:42:40,640
Good evening, Mayor E.C. and Vice Mayor Luna Paran, City Council members.

1260
01:42:40,640 --> 01:42:47,640
First of all, I want to thank Council member Luna Paran and for this very thoughtful supplemental item.

1261
01:42:47,640 --> 01:42:53,640
You know, tenants living in ADUs are consumers in the rental housing industry.

1262
01:42:53,640 --> 01:42:59,640
When you have a business and your ADU is a business, it is a business you are making money.

1263
01:42:59,640 --> 01:43:05,640
So tenants should have protections like consumers and other industries should have protections.

1264
01:43:05,640 --> 01:43:09,640
And these are really reasonable, these are really reasonable.

1265
01:43:09,640 --> 01:43:17,640
I'm going to have a lot for them to have one year to think about it, but to think about if they have the first rate of approval.

1266
01:43:17,640 --> 01:43:20,640
But it doesn't matter, 90 days are fine, all these are good.

1267
01:43:20,640 --> 01:43:24,640
So I really would hope that you consider this that tenants need protections.

1268
01:43:24,640 --> 01:43:27,640
Thank you.

1269
01:43:27,640 --> 01:43:32,640
Good evening, Mayor and Council members.

1270
01:43:32,640 --> 01:43:36,640
Crystal grants and executive director of the Berkeley Property Owners Association.

1271
01:43:36,640 --> 01:43:42,640
I just want to remind you, yes, in 2018, the ADU task force of which I was one of the founding members.

1272
01:43:42,640 --> 01:43:49,640
And with Ben Bartlett's help, we came forward with a proposal to the voters that said that owner occupied property,

1273
01:43:49,640 --> 01:43:56,640
especially with new construction ADUs, would receive exemptions from parts of the rent stabilization ordinance.

1274
01:43:56,640 --> 01:43:59,640
I'm here to say that I do believe in reading this carefully.

1275
01:43:59,640 --> 01:44:04,640
The Council member, Lena Paris proposal actually contradicts that.

1276
01:44:04,640 --> 01:44:13,640
It puts tenant protections on some ADUs if they decide to convert and be able to sell off the ADU.

1277
01:44:13,640 --> 01:44:20,640
And that is not permitted under the law because the rent stabilization ordinance is a directive of the voters.

1278
01:44:20,640 --> 01:44:25,640
She also is proposing that you remove the ability to do an owner moving.

1279
01:44:25,640 --> 01:44:33,640
An owner moving is given to those properties where a tenant has tenant protections under the rent stabilization ordinance.

1280
01:44:33,640 --> 01:44:34,640
Thank you.

1281
01:44:34,640 --> 01:44:36,640
So I think you need a more clear answer on that.

1282
01:44:36,640 --> 01:44:37,640
Thank you.

1283
01:44:37,640 --> 01:44:42,640
Thank you so much.

1284
01:44:43,640 --> 01:44:45,640
Good evening.

1285
01:44:45,640 --> 01:44:46,640
To the mayor.

1286
01:44:46,640 --> 01:44:47,640
To Council members.

1287
01:44:47,640 --> 01:44:48,640
My name is Dominique Walker.

1288
01:44:48,640 --> 01:44:50,640
I'm the vice chair of the Berkley Remberer.

1289
01:44:50,640 --> 01:44:52,640
And I just wanted to echo my colleagues.

1290
01:44:52,640 --> 01:44:55,640
I think that this is a fair compromise.

1291
01:44:55,640 --> 01:44:57,640
Council member Lena Paris.

1292
01:44:57,640 --> 01:44:58,640
Ben Bartlett.

1293
01:44:58,640 --> 01:44:59,640
I think that.

1294
01:45:00,000 --> 01:45:06,000
We can work with this and I would love for you all to vote yes on the amendment. And I'll

1295
01:45:06,000 --> 01:45:07,000
see the rest of my time.

1296
01:45:07,000 --> 01:45:11,000
Thank you.

1297
01:45:11,000 --> 01:45:15,160
Hello, my name is Andy Kelly. I'm a report commissioner and vice chair of the County

1298
01:45:15,160 --> 01:45:19,200
Plan Commission. I would just hear to speak in support of the supplemental, which I think is

1299
01:45:19,200 --> 01:45:21,000
a very reason to compromise.

1300
01:45:21,000 --> 01:45:22,000
Sorry, came of course, sir.

1301
01:45:22,000 --> 01:45:26,680
Yes, I've never been accused of not being allowed enough in my life. I'm just hear to speak

1302
01:45:26,680 --> 01:45:30,200
in support of the supplemental, which I think is a very reason to compromise in the kind of

1303
01:45:30,200 --> 01:45:33,680
spirit of collaboration we'd love to see the council impart on these issues.

1304
01:45:33,680 --> 01:45:38,080
I think it's important to note that no one affected by this ordinance tonight built

1305
01:45:38,080 --> 01:45:39,680
an 80 with the intention of saluting.

1306
01:45:39,680 --> 01:45:43,680
That's a major thing that the city is giving to these homeowners.

1307
01:45:43,680 --> 01:45:48,680
And it's a wonderful thing if you need to retire or you want to pay for your kids' college,

1308
01:45:48,680 --> 01:45:50,680
having the ability to sell is wonderful.

1309
01:45:50,680 --> 01:45:54,680
But so is the ability of folks who are living there now to stay if they want to.

1310
01:45:54,680 --> 01:45:58,680
We can do both things. It's not mutually exclusive.

1311
01:45:58,680 --> 01:46:01,680
And giving tenants three months to figure out if they can purchase the property.

1312
01:46:01,680 --> 01:46:05,680
That's a great thing. It's good for our neighborhoods to stabilize them.

1313
01:46:05,680 --> 01:46:08,680
It provides the stability and affordable housing.

1314
01:46:08,680 --> 01:46:10,680
The 80's were meant to do in the first place.

1315
01:46:10,680 --> 01:46:17,680
And the tenant protections would only exist for the red control if the homeowner decided they wanted them.

1316
01:46:17,680 --> 01:46:20,680
No one forces that in the supplemental.

1317
01:46:20,680 --> 01:46:22,680
The owner who's saying, I'm going to sell this 80 you.

1318
01:46:22,680 --> 01:46:24,680
I'd like it to remain affordable.

1319
01:46:24,680 --> 01:46:25,680
It's going to be in my backyard.

1320
01:46:25,680 --> 01:46:27,680
I'd like folks to be able to stay there.

1321
01:46:27,680 --> 01:46:28,680
That's a choice.

1322
01:46:28,680 --> 01:46:30,680
You don't want to do it. You pay the affordable housing fee.

1323
01:46:30,680 --> 01:46:32,680
You pay the condo conversion fee.

1324
01:46:32,680 --> 01:46:34,680
You go through the regular process.

1325
01:46:34,680 --> 01:46:37,680
But it allows the protections without anyone being forced to do it.

1326
01:46:37,680 --> 01:46:39,680
It's a wonderful compromise.

1327
01:46:39,680 --> 01:46:43,680
It provides a pathway to homeowner ship for folks who don't have a million dollars.

1328
01:46:43,680 --> 01:46:46,680
And I strongly encourage the council to support the supplemental.

1329
01:46:46,680 --> 01:46:48,680
Thank you.

1330
01:46:48,680 --> 01:46:49,680
Thank you.

1331
01:46:49,680 --> 01:46:54,680
Any public comments on the side of my mind?

1332
01:46:54,680 --> 01:47:04,680
Public comment on item 21, allowing separate sale of 80's.

1333
01:47:04,680 --> 01:47:07,680
Currently have four hands raised.

1334
01:47:07,680 --> 01:47:09,680
First is Alfred II.

1335
01:47:09,680 --> 01:47:14,680
It evening city council.

1336
01:47:14,680 --> 01:47:16,680
My name is Alfred II.

1337
01:47:16,680 --> 01:47:18,680
I'm also a rent board commissioner.

1338
01:47:18,680 --> 01:47:22,680
And I'm here to also speak in favor of.

1339
01:47:22,680 --> 01:47:25,680
The item was council member of the power of supplemental.

1340
01:47:25,680 --> 01:47:28,680
Our goal here is to get people to build new 80's.

1341
01:47:28,680 --> 01:47:30,680
So we have more housing being built.

1342
01:47:30,680 --> 01:47:34,680
And also get people who have an empty 80 you.

1343
01:47:34,680 --> 01:47:38,680
But aren't interested in renting it out to perhaps consider selling it.

1344
01:47:38,680 --> 01:47:41,680
Portland or again, to our north.

1345
01:47:41,680 --> 01:47:44,680
They implemented an 80 you condo ordinance about 10 years ago.

1346
01:47:45,680 --> 01:47:51,680
And they now have a good ecosystem of businesses that specialize in building new 4th.

1347
01:47:51,680 --> 01:47:52,680
80's.

1348
01:47:52,680 --> 01:47:54,680
And that's really the motto we want to go.

1349
01:47:54,680 --> 01:48:00,680
Where people are building new homes, rather than just taking homes from one person for another.

1350
01:48:00,680 --> 01:48:05,680
Similarly, in San Francisco, they pass the AB 1033 ordinance recently.

1351
01:48:05,680 --> 01:48:09,680
But there's only allows new construction to be condoized.

1352
01:48:10,680 --> 01:48:14,680
So I think what we have proposed here is a good compromise between.

1353
01:48:14,680 --> 01:48:17,680
The stalker tenant protections as well.

1354
01:48:17,680 --> 01:48:19,680
Offering flexibility.

1355
01:48:19,680 --> 01:48:21,680
Thanks for your comments.

1356
01:48:21,680 --> 01:48:25,680
Next is iPhone.

1357
01:48:25,680 --> 01:48:28,680
Should be able to unmute.

1358
01:48:28,680 --> 01:48:30,680
She council members.

1359
01:48:30,680 --> 01:48:32,680
And the mayor's is capitaling.

1360
01:48:32,680 --> 01:48:35,680
I'd like to see my minute to.

1361
01:48:36,680 --> 01:48:38,680
Can I ask you a question?

1362
01:48:38,680 --> 01:48:39,680
Oh, she spoke already.

1363
01:48:39,680 --> 01:48:42,680
Can I ask you one of the speaks instead?

1364
01:48:42,680 --> 01:48:43,680
No.

1365
01:48:43,680 --> 01:48:49,680
And then we can't afford to disembise any kind of building of the 80's.

1366
01:48:49,680 --> 01:48:53,680
And so I've written the letter to all of you.

1367
01:48:53,680 --> 01:48:58,680
So thank you for your time and please don't know.

1368
01:48:58,680 --> 01:48:59,680
Okay.

1369
01:48:59,680 --> 01:49:02,680
Next is Brianna Morales.

1370
01:49:06,680 --> 01:49:07,680
Good evening.

1371
01:49:07,680 --> 01:49:08,680
My name is Brianna Morales.

1372
01:49:08,680 --> 01:49:10,680
What the housing action coalition.

1373
01:49:10,680 --> 01:49:12,680
We strongly support this ordinance,

1374
01:49:12,680 --> 01:49:16,680
especially at a time in California is facing a housing crisis

1375
01:49:16,680 --> 01:49:19,680
and housing costs are through the roof.

1376
01:49:19,680 --> 01:49:23,680
We love to see creative, flexible opportunities that support housing choices,

1377
01:49:23,680 --> 01:49:27,680
especially with ADUs that already exist in neighborhoods across Berkeley.

1378
01:49:27,680 --> 01:49:33,680
The this ordinance will help create new pathways to home ownership that are often more affordable,

1379
01:49:33,680 --> 01:49:35,680
more attainable and more flexible.

1380
01:49:35,680 --> 01:49:39,680
It could mean you know a renter having the opportunity to buy the home they already live in

1381
01:49:39,680 --> 01:49:43,680
or a homeowner helping a loved one build equity nearby.

1382
01:49:43,680 --> 01:49:51,680
And we strongly also support protecting tenants and appreciate the council's attention to these concerns.

1383
01:49:51,680 --> 01:49:56,680
We encourage continued work towards an approach that maintains a clear and workable pathway for

1384
01:49:56,680 --> 01:50:00,680
ADU home ownership and preserves predictability for these small projects.

1385
01:50:00,680 --> 01:50:08,680
Berkeley is longtime been a leader and so we're hoping to see this ordinance pass so that we can align with state law

1386
01:50:08,680 --> 01:50:10,680
and bring more homes to California.

1387
01:50:10,680 --> 01:50:11,680
Thank you.

1388
01:50:11,680 --> 01:50:12,680
Thanks for your comments.

1389
01:50:16,680 --> 01:50:19,680
Okay. Next is Daniel Brownson.

1390
01:50:23,680 --> 01:50:24,680
Hi.

1391
01:50:24,680 --> 01:50:35,680
Yeah, I think it's telling that the housing advocates, including the author of the supplemental council member,

1392
01:50:35,680 --> 01:50:42,680
little parah and the members of the Berkeley rent board have been willing to compromise,

1393
01:50:42,680 --> 01:50:49,680
resulting in this, you know, already compromised.

1394
01:50:50,680 --> 01:50:52,680
Supplemental measure.

1395
01:50:52,680 --> 01:51:00,680
Whereas the landlords, like the persons spoke on behalf of the landlord association, which shouldn't even exist,

1396
01:51:00,680 --> 01:51:06,680
because it's a price fixing organization seem completely unwilling to compromise.

1397
01:51:06,680 --> 01:51:09,680
And.

1398
01:51:09,680 --> 01:51:13,680
And approve any tenant protections whatsoever.

1399
01:51:13,680 --> 01:51:20,680
I strongly encourage the board to adopt these supplemental.

1400
01:51:20,680 --> 01:51:25,680
So that it will be balanced with tenant protections.

1401
01:51:25,680 --> 01:51:26,680
Thank you.

1402
01:51:26,680 --> 01:51:28,680
Thanks, Daniel.

1403
01:51:28,680 --> 01:51:29,680
Okay.

1404
01:51:31,680 --> 01:51:33,680
Next is Tony.

1405
01:51:34,680 --> 01:51:38,680
Good evening.

1406
01:51:38,680 --> 01:51:43,680
This is Tony Mister speaking from district two.

1407
01:51:43,680 --> 01:51:49,680
I support the staff recommendation on the AGU.

1408
01:51:49,680 --> 01:51:53,680
Conversion, condo conversion.

1409
01:51:53,680 --> 01:51:56,680
I don't support the supplemental.

1410
01:51:56,680 --> 01:52:01,680
I think it's idealistic to believe that the supplemental.

1411
01:52:01,680 --> 01:52:06,680
Some of the items in the supplemental would not be a disincentive.

1412
01:52:06,680 --> 01:52:13,680
I think that passes you will see the number of AGUs being created reduced.

1413
01:52:13,680 --> 01:52:17,680
I don't know by what percent. I'm not that smart.

1414
01:52:17,680 --> 01:52:25,680
But I do know that it would be a burden for those people who are going to use their equity to build housing.

1415
01:52:25,680 --> 01:52:33,680
And I think we need the AGUs and I'm very proud to have been part of the measure cue team.

1416
01:52:33,680 --> 01:52:39,680
And very proud that we've had so many AGUs created.

1417
01:52:39,680 --> 01:52:40,680
Thank you.

1418
01:52:40,680 --> 01:52:41,680
Thank you, Tony.

1419
01:52:41,680 --> 01:52:43,680
Okay.

1420
01:52:43,680 --> 01:52:46,680
Last hand is.

1421
01:52:46,680 --> 01:52:49,680
Cleo.

1422
01:52:49,680 --> 01:52:53,680
Cleo, you should be able to unmute.

1423
01:52:53,680 --> 01:52:54,680
Thank you.

1424
01:52:54,680 --> 01:52:55,680
Hi.

1425
01:52:55,680 --> 01:52:56,680
I'm Cleo.

1426
01:52:56,680 --> 01:52:58,680
So ADUs are different from multi unit buildings.

1427
01:52:58,680 --> 01:53:02,680
And that they tend to be owned by nonprofessional individual homeowners.

1428
01:53:02,680 --> 01:53:06,680
This means that creating more cost and or more complexity will be a major role block to condoize

1429
01:53:06,680 --> 01:53:07,680
AC sale.

1430
01:53:07,680 --> 01:53:09,680
People will still build the ADUs.

1431
01:53:09,680 --> 01:53:10,680
Sure.

1432
01:53:10,680 --> 01:53:11,680
But they just won't sell them.

1433
01:53:11,680 --> 01:53:17,680
On the other hand, virtually no small entry level new homes are being currently built first

1434
01:53:17,680 --> 01:53:19,680
sale in Berkeley.

1435
01:53:19,680 --> 01:53:20,680
Other than the ADUs.

1436
01:53:21,680 --> 01:53:26,680
By contrast, the city is building tens of thousands of new rental apartments.

1437
01:53:26,680 --> 01:53:30,680
For this reason, I'm against the amendment proposed by council person.

1438
01:53:30,680 --> 01:53:36,680
Because they would disincentivize private homeowners with AGUs from condoizing and selling

1439
01:53:36,680 --> 01:53:39,680
them thereby denying entry level home buyers.

1440
01:53:39,680 --> 01:53:44,680
With virtually the only potential new source of affordable first homes.

1441
01:53:44,680 --> 01:53:46,680
So we're only talking about.

1442
01:53:46,680 --> 01:53:52,680
I guess a bit of less than a thousand new build ADUs since 2018.

1443
01:53:52,680 --> 01:53:53,680
Thank you.

1444
01:53:53,680 --> 01:53:54,680
Thank you.

1445
01:53:54,680 --> 01:53:56,680
That's it.

1446
01:53:56,680 --> 01:53:57,680
Okay.

1447
01:53:57,680 --> 01:53:58,680
Thank you very much.

1448
01:53:58,680 --> 01:53:59,680
I'm very much.

1449
01:53:59,680 --> 01:54:03,680
We're going to move on to council comment starting with council member Humbert.

1450
01:54:03,680 --> 01:54:05,680
Thank you Madam Mayor.

1451
01:54:05,680 --> 01:54:12,680
Then I want to give a huge thank you to director Klein and planning staff for all your hard work

1452
01:54:12,680 --> 01:54:13,680
on this item.

1453
01:54:13,680 --> 01:54:20,680
It's been pending for so long and I'm glad that we finally got into it.

1454
01:54:20,680 --> 01:54:28,680
I think the ordinance has prepared by planning staff and the planning commission is pretty much ready to roll with one exception.

1455
01:54:28,680 --> 01:54:30,680
Way back in October, Mayor Ishi.

1456
01:54:30,680 --> 01:54:36,680
Council member Black of E Council member O'Keefe and I submitted a supplemental with a proposed amendment

1457
01:54:36,680 --> 01:54:43,680
to a chapter in section 21 dot 29 dot 010 dot c1 c dot 1.

1458
01:54:43,680 --> 01:54:47,680
Covered rental ADUs sub paragraph B.

1459
01:54:47,680 --> 01:54:53,680
For the purposes of for the purpose of limiting the right of first refusal to 90 days.

1460
01:54:53,680 --> 01:55:00,680
So once again I propose an amendment that simply adds the following to the end of subsection B.

1461
01:55:00,680 --> 01:55:17,680
I think that roughly three months is a fair amount of time for a tenant to declare their intent to purchase and better.

1462
01:55:17,680 --> 01:55:21,680
And it better aligns with typical timelines for real estate transactions.

1463
01:55:21,680 --> 01:55:29,680
A year is far too long to demand that someone wait to potentially sell their ADUs, especially since it is most likely people will be seeking to sell

1464
01:55:29,680 --> 01:55:35,680
because they're having financial difficulties or because they may want to sell to a family member.

1465
01:55:35,680 --> 01:55:40,680
With respect to the thoughtful and very thoughtful supplemental brought forward by council.

1466
01:55:40,680 --> 01:55:43,680
I shouldn't say that by vice mayor Luna Potter.

1467
01:55:43,680 --> 01:55:52,680
I feel that it is well intended but I think I personally I just fundamentally see the relationship between a single family homeowner.

1468
01:55:52,680 --> 01:55:57,680
You know sort of a measure Q homeowner and an ADU tenant in a very different way.

1469
01:55:57,680 --> 01:56:08,680
I do want to credit the arguments that I've heard tonight here about the lack of impact the supplemental would likely have on newly constructed ADUs.

1470
01:56:08,680 --> 01:56:11,680
I think those arguments are correct.

1471
01:56:11,680 --> 01:56:23,680
But in I also accept that I still favor that the staff proposal having tighter rules for multi unit and not owner occupied properties makes sense.

1472
01:56:23,680 --> 01:56:33,680
But I don't think it makes sense when you have a homeowner with just one ADU on the property to force them into a potentially fraught relationship with a sitting ADU tenant.

1473
01:56:33,680 --> 01:56:48,680
And I guess I would say why should these proposed rights which it didn't exist and don't exist at this point for this very limited class of tenants all of a sudden spring into existence in connection with a condo conversion of an ADU.

1474
01:56:48,680 --> 01:56:57,680
And I'm not completely well I'm going to strike that.

1475
01:56:57,680 --> 01:57:09,680
I think that using weather using weather unit is covered by the rent stabilization ordinance is the cleanest and clearest way to establish different standards for ADU protections.

1476
01:57:09,680 --> 01:57:13,680
So I think we should stick with the planning commission and staff recommended approach.

1477
01:57:13,680 --> 01:57:25,680
It's just keep a clear workable line and ultimately you know it may have some impact to incentivize more ADU conversions if not construction of a new ADUs.

1478
01:57:25,680 --> 01:57:36,680
As far as applying an affordable housing mitigation fee that ADU conversions I can't support that as I think it's far too discouraging of such conversions.

1479
01:57:36,680 --> 01:57:44,680
It offers from an even more acute shortage of affordable ownership housing as this has been pointed out that it does affordable rental housing.

1480
01:57:44,680 --> 01:57:48,680
So I'm committed to not having a feed for these conversions.

1481
01:57:48,680 --> 01:57:53,680
So with all that said, I would like to move for the purpose of discussion.

1482
01:57:53,680 --> 01:58:04,680
The staff version of the ADU conversion ordinance with the amendments proposed in the October 28 supplemental that I just referred to that was submitted by the mayor and council members.

1483
01:58:04,680 --> 01:58:14,680
Thank you.

1484
01:58:14,680 --> 01:58:16,680
Thank you.

1485
01:58:16,680 --> 01:58:18,680
That was my next question.

1486
01:58:18,680 --> 01:58:20,680
Is there a second?

1487
01:58:20,680 --> 01:58:22,680
A second.

1488
01:58:22,680 --> 01:58:24,680
Second from council member Blockabee.

1489
01:58:24,680 --> 01:58:28,680
Moving on to council member Taplin's comments.

1490
01:58:29,680 --> 01:58:31,680
Thank you.

1491
01:58:31,680 --> 01:58:35,680
Just real quick in my policies for not asking this enough first round.

1492
01:58:35,680 --> 01:58:41,680
The prohibition on conversion following new fault evictions.

1493
01:58:41,680 --> 01:58:44,680
Who's losing what?

1494
01:58:44,680 --> 01:58:47,680
I'm trying to feel that.

1495
01:58:47,680 --> 01:58:52,680
So the mighty commission recommendation.

1496
01:58:52,680 --> 01:58:55,680
A prize.

1497
01:58:55,680 --> 01:59:00,680
A no fault eviction screen on condo conversion eligibility.

1498
01:59:00,680 --> 01:59:04,680
Of 10 years that applies to cover units and partially covered units.

1499
01:59:04,680 --> 01:59:07,680
But not to fully accept units.

1500
01:59:07,680 --> 01:59:14,680
I believe that the supplemental expands that to also apply to fully covered units.

1501
01:59:14,680 --> 01:59:19,680
But reduces the period from 10 years to five years for all three categories.

1502
01:59:20,680 --> 01:59:23,680
Thank you.

1503
01:59:23,680 --> 01:59:26,680
To share my thinking.

1504
01:59:26,680 --> 01:59:33,680
It's really helpful to know that there is a relatively small number of ADU situated on owner occupied two unit properties.

1505
01:59:33,680 --> 01:59:40,680
And the versions of a prohibition on conversions following no fault termination tendency as present in both versions.

1506
01:59:40,680 --> 01:59:48,680
I'm very committed to increasing pathways and opportunities for home ownership and I see condo conversion for ADU sales as a valuable tool.

1507
01:59:48,680 --> 01:59:53,680
And want to be cautious to not unwittingly create impediments of what have a chilling effect on ADU production.

1508
01:59:53,680 --> 01:59:59,680
That being said, I do welcome my colleague's liberation on the two pros.

1509
02:00:00,000 --> 02:00:17,000
Oh, I, I, I, I, I welcome hearing from the rest of my colleagues on the, the fine points of both an either of the two proposals on that point.

1510
02:00:17,000 --> 02:00:19,000
Okay.

1511
02:00:19,000 --> 02:00:28,000
Thank you. And actually, I would like to see if there's a motion to close the public hearing before we continue more.

1512
02:00:28,000 --> 02:00:29,000
So moved.

1513
02:00:29,000 --> 02:00:32,000
Okay. Thanks. Can we take the roll on that, please?

1514
02:00:32,000 --> 02:00:37,000
To close the public hearing council member, tap one. Yes.

1515
02:00:37,000 --> 02:00:39,000
Gartlett. Yes.

1516
02:00:39,000 --> 02:00:41,000
Okay. Yes.

1517
02:00:41,000 --> 02:00:42,000
Lack of the yes.

1518
02:00:42,000 --> 02:00:44,000
Unapara. Yes.

1519
02:00:44,000 --> 02:00:45,000
Humbered. Yes.

1520
02:00:45,000 --> 02:00:47,000
And Mary shee. Yes.

1521
02:00:47,000 --> 02:00:48,000
Okay. Okay.

1522
02:00:48,000 --> 02:00:50,000
Okay. Thank you very much.

1523
02:00:50,000 --> 02:00:53,000
I'm going to go to council member Barlett.

1524
02:00:54,000 --> 02:00:55,000
Thank you, madam.

1525
02:00:55,000 --> 02:01:01,000
I would be possible to to to post that one chart with the, the three proposals with the exes.

1526
02:01:01,000 --> 02:01:03,000
That one, you know, the.

1527
02:01:03,000 --> 02:01:05,000
Come back for the planning commission.

1528
02:01:05,000 --> 02:01:06,000
Line of probably.

1529
02:01:06,000 --> 02:01:08,000
Yeah, give me a moment.

1530
02:01:08,000 --> 02:01:10,000
I think it's helpful. Thank you.

1531
02:01:10,000 --> 02:01:15,000
And in the meantime, I want to do want to thank the planning staff and director, client and team.

1532
02:01:15,000 --> 02:01:20,000
For your diligent work, wonderful work at a level of proposal.

1533
02:01:20,000 --> 02:01:27,000
I do think it is, it is, it's benefited by my colleague, the vice mayor's efforts here.

1534
02:01:27,000 --> 02:01:31,000
To, to really what what I see is a really rational.

1535
02:01:31,000 --> 02:01:38,000
Really rationalization and unifying of the baseline protections afford to tenants that we get to houses.

1536
02:01:38,000 --> 02:01:40,000
People living in houses.

1537
02:01:40,000 --> 02:01:45,000
You know, and in one sense without it, we kind of carry on the.

1538
02:01:45,000 --> 02:01:49,000
The prejudicial relationship between some of filming homeowners and home dwellers.

1539
02:01:49,000 --> 02:01:52,000
Versus apartment people.

1540
02:01:52,000 --> 02:01:53,000
In this case, eighty people.

1541
02:01:53,000 --> 02:01:57,000
They work so hard to kind of unify and make make even.

1542
02:01:57,000 --> 02:02:03,000
And so I think that's, you know, these protections afforded to the people of eighty use.

1543
02:02:03,000 --> 02:02:07,000
Less less burdensome than those living in homes.

1544
02:02:07,000 --> 02:02:11,000
And again, you know, go what you said, a hundred units a year.

1545
02:02:11,000 --> 02:02:14,000
I think this is going to be negligible.

1546
02:02:14,000 --> 02:02:17,000
However, even though it's negligible.

1547
02:02:17,000 --> 02:02:23,000
If it keeps one person from falling out into the street, there's worth it.

1548
02:02:23,000 --> 02:02:25,000
That's a real person.

1549
02:02:25,000 --> 02:02:29,000
And, and believe me, I think the, I think the fears and eighty people.

1550
02:02:29,000 --> 02:02:31,000
Yes, I'm, I'm all equal to you.

1551
02:02:31,000 --> 02:02:34,000
I'm Mr. A to you. I formed the task force.

1552
02:02:34,000 --> 02:02:36,000
I'm all about it.

1553
02:02:36,000 --> 02:02:40,000
But again, you know, I don't, like, I don't believe in a zero sum relationship.

1554
02:02:40,000 --> 02:02:44,000
That we hear so much in our, in our world today.

1555
02:02:44,000 --> 02:02:46,000
You can have your cake needed to.

1556
02:02:46,000 --> 02:02:50,000
You can have your can on the growth, and you can have people living a good life.

1557
02:02:50,000 --> 02:02:52,000
They're not exclusive.

1558
02:02:52,000 --> 02:02:58,000
And this is one example where I would really impress upon you the fact that we can protect people

1559
02:02:58,000 --> 02:03:04,000
while advancing the goals of home ownership and starter homes and eighty youth development.

1560
02:03:04,000 --> 02:03:10,000
And you realize, if someone's making a to you to sell it, they're doing it to sell it.

1561
02:03:10,000 --> 02:03:14,000
And they will be engaging in property taxes, and et cetera.

1562
02:03:14,000 --> 02:03:18,000
And, you know, doing all things you do to sell property.

1563
02:03:18,000 --> 02:03:20,000
It's a, it's a commercial decision.

1564
02:03:20,000 --> 02:03:22,000
This is not the, the usual story of it.

1565
02:03:22,000 --> 02:03:24,000
He used about my grandma being in there.

1566
02:03:24,000 --> 02:03:30,000
My mama, you know, sister got, got rained out and Florida's coming here to live with us.

1567
02:03:30,000 --> 02:03:32,000
This is you selling it to someone to make money.

1568
02:03:32,000 --> 02:03:38,000
And so you will factor in that cost when you sell it.

1569
02:03:38,000 --> 02:03:42,000
I mean, this is really, I think, again, the fears overblown.

1570
02:03:42,000 --> 02:03:50,000
And I think the rationale for doing so and executing with these elements are good.

1571
02:03:50,000 --> 02:03:54,000
They're good for the community, good for people, and good for our economy as a whole.

1572
02:03:54,000 --> 02:03:56,000
Thank you.

1573
02:03:56,000 --> 02:04:00,000
Thank you council member, council member or Keith.

1574
02:04:00,000 --> 02:04:02,000
Thank you.

1575
02:04:02,000 --> 02:04:04,000
I just need to make some brief comments.

1576
02:04:04,000 --> 02:04:08,000
I'll be supporting council member hundreds of motion.

1577
02:04:08,000 --> 02:04:12,000
Here's why I do want to say I really respect this supplemental.

1578
02:04:12,000 --> 02:04:16,000
It makes sense. It's a good, like, the heart of it is in the right place.

1579
02:04:16,000 --> 02:04:20,000
And it's, you know, it's very easy to feel good about tenant protection.

1580
02:04:20,000 --> 02:04:26,000
That's just, that's a, it seems on its face, like, always a good policy.

1581
02:04:26,000 --> 02:04:28,000
Here's why I can't support it.

1582
02:04:28,000 --> 02:04:32,000
I'm not choosing to support it tonight.

1583
02:04:32,000 --> 02:04:36,000
We're making the law more complicated.

1584
02:04:36,000 --> 02:04:44,000
And we have to, that's the mandate of this, is we have to sort of update our laws to incorporate this, the specific situation.

1585
02:04:44,000 --> 02:04:46,000
I'm pretty allergic to making laws more complicated.

1586
02:04:46,000 --> 02:04:50,000
I think, as I said earlier in my comments for consent calendar,

1587
02:04:50,000 --> 02:04:54,000
I really, we really need to be making them clearer, more streamlined,

1588
02:04:54,000 --> 02:04:56,000
make more sense at any opportunity.

1589
02:04:56,000 --> 02:05:00,000
And so, yes, we have to tweak our law a little bit,

1590
02:05:00,000 --> 02:05:04,000
we have to add a little, you know, cross some things out and add some things.

1591
02:05:04,000 --> 02:05:12,000
But the best way to do that in this case is to maintain as much as possible the philosophy and the structure of the existing law.

1592
02:05:12,000 --> 02:05:15,000
And that's, that's what I'm basic my vote on.

1593
02:05:15,000 --> 02:05:17,000
Right now, and Berkeley, like, would have not.

1594
02:05:17,000 --> 02:05:25,000
Renters who are renting in multifamily developments have certain tenant protections.

1595
02:05:25,000 --> 02:05:29,000
Renters who are renting in single-family home type situations.

1596
02:05:29,000 --> 02:05:35,000
Either a part where all of a home or a back of a home have none, essentially.

1597
02:05:35,000 --> 02:05:41,000
And the staff, the staff recommendation,

1598
02:05:41,000 --> 02:05:48,000
I mean, the council member Herbert's motion supports carries that philosophy forward into this new situation.

1599
02:05:48,000 --> 02:05:50,000
And so, that just makes more sense to me.

1600
02:05:50,000 --> 02:05:52,000
It feels more comfortable for me.

1601
02:05:52,000 --> 02:05:55,000
And I'd like to just continue.

1602
02:05:55,000 --> 02:05:58,000
I'd like to keep that a lot structurally the same as it exists now.

1603
02:05:58,000 --> 02:06:01,000
And that's why voting the way.

1604
02:06:03,000 --> 02:06:04,000
Thank you.

1605
02:06:04,000 --> 02:06:09,000
Actually, if you don't mind before you speak, can I ask a couple of questions?

1606
02:06:09,000 --> 02:06:12,000
Or do you want to respond to that?

1607
02:06:12,000 --> 02:06:13,000
Sure.

1608
02:06:13,000 --> 02:06:14,000
Please go ahead.

1609
02:06:16,000 --> 02:06:21,000
I would argue that the planning commission version is much more complicated than our version.

1610
02:06:21,000 --> 02:06:30,000
Given that ADU units often can, can, like, go in and out of certain statuses.

1611
02:06:30,000 --> 02:06:40,000
And if we apply the same tenant protections across the board, that very much simplifies the process.

1612
02:06:40,000 --> 02:06:48,000
And also, because we're mirroring existing legislation that we have currently for the condo conversion ordinance,

1613
02:06:48,000 --> 02:06:54,000
that also kind of connects everything together more than the planning commission version does.

1614
02:06:54,000 --> 02:06:56,000
So, that's my argument.

1615
02:07:00,000 --> 02:07:06,000
So, I will ask my questions, but I do want to make sure you get your comments in as well.

1616
02:07:06,000 --> 02:07:14,000
So, I'm curious if you can let us know, because I just couldn't pull it up quickly with the affordable housing mitigation fee.

1617
02:07:14,000 --> 02:07:17,000
Actually, is so that we're more talking about the fee.

1618
02:07:17,000 --> 02:07:20,000
We can just be clear about what we're talking about.

1619
02:07:20,000 --> 02:07:23,000
Yes, sorry, first off.

1620
02:07:23,000 --> 02:07:27,000
You know, we have HXAS staff online.

1621
02:07:27,000 --> 02:07:37,000
And so, I think we'd like to turn that question over to other Margar Ernst or my gooberty to speak to the affordable housing mitigation fee that applies to condo conversions.

1622
02:07:39,000 --> 02:07:42,000
Hi council members, can you hear me okay?

1623
02:07:42,000 --> 02:07:43,000
Yes.

1624
02:07:43,000 --> 02:07:44,000
Thanks for being on.

1625
02:07:44,000 --> 02:07:46,000
Sure, no problem, thank you for having me.

1626
02:07:46,000 --> 02:07:48,000
I can't see my video.

1627
02:07:48,000 --> 02:07:49,000
I'm hoping I'm looking good for everyone.

1628
02:07:49,000 --> 02:07:51,000
We can see you.

1629
02:07:51,000 --> 02:07:53,000
Okay.

1630
02:07:53,000 --> 02:08:02,000
So, how the affordable housing mitigation fee works is it's based on a nexus between ownership costs and rental costs for the unit.

1631
02:08:02,000 --> 02:08:05,000
That's divided by the current interest rate.

1632
02:08:06,000 --> 02:08:30,000
And so, we usually, we have a kind of set way that we calculate the projected ownership costs for the unit as a condo, including a 5% down payment price, the cost of the future HOAs property taxes, et cetera, comparable to a rental cost for the unit.

1633
02:08:30,000 --> 02:08:53,000
Now, there's an alternative called the rental limitation in which property owners can elect into establishing rental limitations on the unit and exchange for a fee that's based on the sales price of the unit and 8% sales price or in certain cases of 4% sales price.

1634
02:08:53,000 --> 02:09:03,000
And so, that's either they can do that based on a praised price at the time of conversion or they can base that on the actual sales price.

1635
02:09:03,000 --> 02:09:05,000
They can defer the fee until the unit is sold.

1636
02:09:05,000 --> 02:09:11,000
And then that's based on the sales actual sales price when it goes on the market.

1637
02:09:11,000 --> 02:09:12,000
Thank you.

1638
02:09:12,000 --> 02:09:21,000
I just, I remember when we were talking about this, there were some, I don't know if it was like median, you know, amounts or something that was an actual dollar amount.

1639
02:09:21,000 --> 02:09:30,000
Just to kind of put some specific specifics into this conversation, I don't know if you can speak to that at all.

1640
02:09:30,000 --> 02:09:40,000
I believe we probably, I worked with that into develop examples based on like an estimated sales price, so you could compare how the two fees would look.

1641
02:09:40,000 --> 02:09:42,000
I'm sorry, I think that might be what you're thinking.

1642
02:09:42,000 --> 02:09:46,000
Yeah, thank you. I'm sorry, we've, we've continued this item so many times.

1643
02:09:46,000 --> 02:09:49,000
I don't have the same documents in front of me anymore.

1644
02:09:49,000 --> 02:09:52,000
All right, we do. Thankfully, thanks to Bronco.

1645
02:09:52,000 --> 02:09:56,000
Mike and I worked about on this, I want to say about six months ago.

1646
02:09:56,000 --> 02:10:00,000
So the example that we came up with.

1647
02:10:00,000 --> 02:10:05,000
And so you're going to have to bear with me because there's a lot of numbers here because it's not a simple fee.

1648
02:10:05,000 --> 02:10:08,000
It was a complex calculation.

1649
02:10:08,000 --> 02:10:15,000
So Mike mentioned that you're identifying the difference between the rental costs and the ownership costs.

1650
02:10:15,000 --> 02:10:23,000
So if the rental costs were estimated at $1500 per month or that's $18,000 a year annually.

1651
02:10:23,000 --> 02:10:36,000
The ownership cost is you develop the estimate of that based on estimated mortgage payment costs plus taxes and insurance and HOA dues.

1652
02:10:36,000 --> 02:10:45,000
You might estimate that at $2700 per month for a small ADU or at $32,400 annually.

1653
02:10:45,000 --> 02:10:51,000
The difference between those numbers, the ownership cost minus the rental cost is $14,400.

1654
02:10:51,000 --> 02:11:04,000
And so the mitigation fee is developed by dividing that difference by the prevailing interest rate six months ago.

1655
02:11:04,000 --> 02:11:06,000
It was six and a half percent.

1656
02:11:06,000 --> 02:11:10,000
The resulting amount is $221,000.

1657
02:11:10,000 --> 02:11:14,000
$221,538.

1658
02:11:14,000 --> 02:11:19,000
And that's a pretty real world.

1659
02:11:19,000 --> 02:11:23,000
I mean, those amounts we came up with.

1660
02:11:23,000 --> 02:11:33,000
We did our best to estimate what the actual rental and ownership cost would be of an ADU around 752,000 square feet.

1661
02:11:34,000 --> 02:11:39,000
Thank you. That is really helpful to have an actual number in front of us as we're having this conversation.

1662
02:11:39,000 --> 02:11:44,000
And thank you Mike for being honest. Well, and answering those back question.

1663
02:11:44,000 --> 02:11:51,000
Jordan, can you also speak to the impact of a conversion provision after no fault eviction?

1664
02:11:51,000 --> 02:12:02,000
I know that Council Member Tavern asked us to open about that and I'm interested in thinking about that more as well.

1665
02:12:02,000 --> 02:12:13,000
Well, first, let me say, I think it's quite rare that this occurs.

1666
02:12:13,000 --> 02:12:24,000
I would actually potentially, if you have questions about specificity, I think the rent board staff are working with those cases much more frequently than we would.

1667
02:12:24,000 --> 02:12:42,000
Sorry, I should clarify that question. It's to speak to the impact of a of adding this to the potential conversion of ADUs to condos or building ADUs.

1668
02:12:42,000 --> 02:12:44,000
It's really on the planning side.

1669
02:12:44,000 --> 02:12:47,000
Oh, so whether adding it would impact production.

1670
02:12:47,000 --> 02:12:52,000
Thank you.

1671
02:12:52,000 --> 02:13:00,000
I really don't think it would impact production much if at all to add that. So currently the planning commission proposal.

1672
02:13:00,000 --> 02:13:15,000
It already applies to covered units and partially covered units would not apply to full exempt units supplemental proposals to expand it to also apply to full exempt units.

1673
02:13:15,000 --> 02:13:28,000
It would impact production only in cases when somebody is intending to sell a condo as an investment property or condo as an ADU as an investment property.

1674
02:13:28,000 --> 02:13:40,000
In those cases, yeah, it could serve either it's going to you're going to add a huge amount of cost to the conversion to around over 200,000 dollars is what we estimated.

1675
02:13:40,000 --> 02:13:47,000
Or you're going to limit the future income generating potential of the property.

1676
02:13:47,000 --> 02:13:51,000
So yeah, in those cases, it could serve as a disincentive.

1677
02:13:51,000 --> 02:13:58,000
If somebody would only produce the unit with intention for sale as an investment property.

1678
02:13:58,000 --> 02:14:07,000
Yeah, and I think that's important because I think the conversation that we're having here is about encouraging condoization and the hopes that also people are owning their homes.

1679
02:14:07,000 --> 02:14:20,000
And not just, you know, if someone's buying in an order to rent it out as an additional income because they can do that as an ADU, they don't need to convert it to be a condo in order to, in order to rent it out in that way.

1680
02:14:20,000 --> 02:14:28,000
So I just want to clarify that for folks. Okay, I'm sorry. I wanted to make sure you got to make your comments.

1681
02:14:29,000 --> 02:14:44,000
I just have a couple, a couple short comments kind of emphasizing some of the pieces of this first that for the affordable housing mitigation feed, the goal isn't necessarily for people to pay the fee.

1682
02:14:44,000 --> 02:14:57,000
But if this is happening, if somebody is purchasing this converted ADU condo is then renting it out that then those tenants get rent control protection.

1683
02:14:57,000 --> 02:15:00,000
Which is also not the intended purpose of this.

1684
02:15:00,000 --> 02:15:29,000
I just have a couple short comments, kind of emphasizing some of the pieces of this. First, the affordable housing mitigation fee, the goal, isn't necessarily for people to pay the fee, but if this is happening, if somebody is purchasing this converted ADU condo, is then renting it out that then those tenants get rent control protection.

1685
02:15:30,000 --> 02:15:37,000
Which is also not the intended purpose of this, and unlikely scenario, I think.

1686
02:15:37,000 --> 02:15:45,000
I also want to go back to some other topic of how many tenants this would apply to.

1687
02:15:45,000 --> 02:15:49,000
I don't, this wouldn't apply to many tenants.

1688
02:15:49,000 --> 02:16:01,000
I think we all know that we have a crisis of displacement and of homelessness, and even if this applies to one person or one family.

1689
02:16:01,000 --> 02:16:13,000
That person or family is getting evicted from the city, or is significantly more likely to fall into homelessness, and the best we know that the best way to prevent homelessness is to keep people housed in the first place.

1690
02:16:13,000 --> 02:16:26,000
I understand the unique relationship that ADU, that tenants in ADUs have with their landlords, if the landlords have the same property.

1691
02:16:26,000 --> 02:16:39,000
And I think that if they are not choosing to convert it, they still can evict those tenants. That is not changing.

1692
02:16:39,000 --> 02:16:47,000
I think if we're granting, as Commissioner Kelly said, if we're granting this opportunity for homeowners.

1693
02:16:47,000 --> 02:17:01,000
Which is a great opportunity, then it should not come at the expense of our current tenants that are very vulnerable in this naturally affordable unit.

1694
02:17:01,000 --> 02:17:04,000
Thank you. Councilmember Vackaby.

1695
02:17:04,000 --> 02:17:06,000
Thanks, Madam Mayor.

1696
02:17:06,000 --> 02:17:09,000
Just stepping back very briefly.

1697
02:17:09,000 --> 02:17:19,000
One thing I've been observing wrestling with a little bit is that we have a series of different housing policies in Berkeley to accomplish different goals.

1698
02:17:19,000 --> 02:17:28,000
Different housing types, whether it's rental housing or housing that's available for purchase, tenant protections to protect people who are in those rental units.

1699
02:17:28,000 --> 02:17:36,000
And so part of what I've been wrestling with a little bit is thinking about, well, what's our A number one goal with this particular policy.

1700
02:17:36,000 --> 02:17:46,000
And our challenge, one of many challenges we face in Berkeley is that we don't have enough housing for purchase at the lower end of the economic scale.

1701
02:17:46,000 --> 02:17:57,000
By lower end, it's still plenty high end. I'm just saying that we're trying to create more housing inventory that's available for less than a million dollars, and hopefully substantially less than a million dollars.

1702
02:17:57,000 --> 02:18:06,000
And to me, this AEDU conversion policy is one chance, and we've heard, I know she's not here, but Councilmember Castro wanted to talk a lot about in the past.

1703
02:18:06,000 --> 02:18:13,000
Some of this work to create more inventory on that side of the scale and not just at the upper side of the scale.

1704
02:18:13,000 --> 02:18:26,000
So this AEDU conversion policy under AB 1033 is focused on generating more foresail inventory at that sort of lower relatively lower relatively more affordable price point.

1705
02:18:26,000 --> 02:18:34,000
We have other policies like the density bonus that incentivizes the creation of affordable rental housing, and that is a clear policy choice.

1706
02:18:34,000 --> 02:18:39,000
And we're trying to put that to work in the states trying to put that to work.

1707
02:18:39,000 --> 02:18:48,000
And we have a rent control system here in Berkeley is the most robust in the country to provide strong tenant protections in this many places as we can.

1708
02:18:48,000 --> 02:18:56,000
But I keep coming back to the goal, and in this case our primary goal is the creation of more housing for purchase at a less exorbitant price point.

1709
02:18:56,000 --> 02:19:07,000
And for speaking to residents in my district, I know there's real apprehension to moving forward with AEDUs at all if they feel potential restrictions.

1710
02:19:07,000 --> 02:19:11,000
It's a decent incentive to convert existing AEDUs.

1711
02:19:11,000 --> 02:19:22,000
And I do believe that it's the ethos of this additional regulation on AEDU at a single family property where the owner is occupying one of the units.

1712
02:19:22,000 --> 02:19:28,000
The ethos of this additional regulation whether it's really perceived is a decent incentive to participate.

1713
02:19:28,000 --> 02:19:31,000
I heard it a lot during the campaign. I hear it as I go around now.

1714
02:19:31,000 --> 02:19:41,000
There's just a sense that I don't know if I want to do this. If I feel like my hands are going to be tied, if I feel like I'm going to have these additional restrictions, additional fees, why bother?

1715
02:19:41,000 --> 02:19:45,000
I'm just not going to do it. It's better for me not to do it at all than to do that.

1716
02:19:45,000 --> 02:19:51,000
And that feels like that moves us backwards in terms of what we're trying to do with this particular policy.

1717
02:19:51,000 --> 02:20:01,000
Again, I could be wrong, but that's sort of where my head is at in terms of my discussions in the district and thinking about the goals and what we're trying to accomplish.

1718
02:20:01,000 --> 02:20:09,000
So for that reason, I really appreciate, I really appreciate the passion and the commitment of the Vice Mayor and Council Member Bartlett for their proposal.

1719
02:20:09,000 --> 02:20:17,000
But thinking about what's the primary goal here, what's the primary problem we're trying to solve with this particular legislation.

1720
02:20:17,000 --> 02:20:25,000
I believe that the Planning Commission version with Council Member Humboldt's amendment is the better approach to actually creating more housing for purchase at this kind of price point.

1721
02:20:25,000 --> 02:20:31,000
If our goal was different, if we had a different goal and that wasn't the goal, I think a different policy prescription could be the right choice.

1722
02:20:31,000 --> 02:20:45,000
And I could end up supporting the supplemental. But for this particular goal for this particular reason, I'm going to support the staff recommendation with Council Member Humboldt's amendment. Thank you.

1723
02:20:45,000 --> 02:20:57,000
And speaking of, you know, what is kind of our goal here, you know, what I, I mean, the purpose of really converting the A to use to condos is to encourage more opportunities for home ownership.

1724
02:20:57,000 --> 02:21:04,000
And at the same time, I know that we need to be doing our best to protect the tenants who are currently living in the A to use.

1725
02:21:04,000 --> 02:21:09,000
At the same time, I'm also concerned about some of the aspect of Council Member Lieutenant-Pars items.

1726
02:21:09,000 --> 02:21:17,000
I'm worried about how it might disincentivize the conversion of A to use to condos, specifically the affordable housing mitigation fee piece of it.

1727
02:21:17,000 --> 02:21:31,000
Another thing I realized that in this conversation, we really need to have better data around A to use, so I'm just saying that out loud, because I think that's something that we should all be working on, because I think that will help us make more informed policy decisions.

1728
02:21:31,000 --> 02:21:43,000
And I want to comment on something that was said earlier, I really want us to consider the possibility that people will be condoizing their A to use in order to live in them themselves and sell their main houses instead.

1729
02:21:43,000 --> 02:21:56,000
And in fact, I know some older residents who, you know, are selling their main homes to their children, for instance, or to someone that they know, and then are living in the A to you, but might be interested in continuing to own something.

1730
02:21:56,000 --> 02:22:03,000
So condoizing it might make sense for them. So I just want us to think about that and not make too many assumptions about how people might utilize this.

1731
02:22:03,000 --> 02:22:16,000
The other thing that I also agree with in that I agree with in Council Member Luna, Vice Mayor Luna Pars item is the right of first refusal for all A to use tenants with a 90 day time period.

1732
02:22:16,000 --> 02:22:21,000
I want to briefly speak to why we were interested in shortening it, shortening it to 90 days.

1733
02:22:21,000 --> 02:22:29,000
We had many conversations with different folks about how long it takes to get funding together.

1734
02:22:29,000 --> 02:22:38,000
And we thought that 90 days was reasonable, was enough time. If you're able to get funding together in 90 days, you'll most likely be able to purchase.

1735
02:22:38,000 --> 02:22:47,000
And I'm interested in giving everybody that opportunity given that we're talking about converting 80 use to condos and to encourage homeownership.

1736
02:22:47,000 --> 02:22:53,000
We want to allow the people who are currently living in them to have the opportunity to purchase their 80 year first.

1737
02:22:53,000 --> 02:23:03,000
And given 90 days, we've kind of agreed isn't as a reasonable timeframe. I'm also interested in including that as well.

1738
02:23:03,000 --> 02:23:15,000
And so speaking to Council Member Tapplin's interest in a conversion, prohibition after no fault eviction for five years, I'm also interested in supporting that.

1739
02:23:15,000 --> 02:23:28,000
So I want to signal my support and see if folks have any other comments about about my comments before we move on.

1740
02:23:28,000 --> 02:23:34,000
I got it. Right now we only have one thing on the floor, so.

1741
02:23:34,000 --> 02:23:40,000
Yeah, vice-parameter part.

1742
02:23:40,000 --> 02:23:57,000
I have some kind of high level comments in kind of an attempt to convince my colleagues about what the choice that we're making here is and how we are treating tenant units in comparison to

1743
02:23:57,000 --> 02:24:00,000
comparison with homeowner units.

1744
02:24:00,000 --> 02:24:06,000
If the choice that we're making here is about replacing our tenants with homeowners.

1745
02:24:06,000 --> 02:24:09,000
I think that is a, I think we've lost the plot.

1746
02:24:09,000 --> 02:24:18,000
I think it is so important to create those middle-level foresell homes, but are we really willing to display and evict our vulnerable tenants to create them?

1747
02:24:18,000 --> 02:24:20,000
That's not a decision that we have to make.

1748
02:24:20,000 --> 02:24:29,000
That is a policy choice. Our primary problem that we're trying to solve at a high level is housing affordability and housing stability for all.

1749
02:24:29,000 --> 02:24:38,000
And I'm really frustrated because I think that this conversation is leading into the same fundamental problem that we see over and over again about prioritizing homeowner ships.

1750
02:24:38,000 --> 02:24:41,000
In placing their homes at a higher standard than tenant homes.

1751
02:24:41,000 --> 02:24:49,000
And we should not be considering that tenant homes are unequal to homeowner homes.

1752
02:24:49,000 --> 02:24:55,000
We are telling tenants that they do not deserve the residential and financial stability that homeowners do.

1753
02:24:55,000 --> 02:25:00,000
And I think that's the policy choice that we're making right now.

1754
02:25:00,000 --> 02:25:05,000
Yeah, that's my argument.

1755
02:25:06,000 --> 02:25:09,000
Okay, so.

1756
02:25:09,000 --> 02:25:17,000
Right now, just so we're clear, the only thing that's on the floor is the staff recommendation with.

1757
02:25:17,000 --> 02:25:27,000
With the supplemental that Council members, Humbert, Blackbee and O'Keefe and I have put forward.

1758
02:25:27,000 --> 02:25:37,000
So I'll make a motion to approve the supplemental material without the affordable housing mitigation fee section.

1759
02:25:37,000 --> 02:25:41,000
Second.

1760
02:25:41,000 --> 02:25:47,000
Sorry, your supplemental with without for the housing mitigation fee.

1761
02:25:47,000 --> 02:25:49,000
Okay.

1762
02:25:49,000 --> 02:25:56,000
I, I still can't fully support that word that where where we do have a friendly moment.

1763
02:25:56,000 --> 02:26:01,000
Yeah, I think the piece that I have a hard time but still is the.

1764
02:26:01,000 --> 02:26:05,000
Sorry, I'm just trying to pull up my.

1765
02:26:05,000 --> 02:26:06,000
Notes.

1766
02:26:06,000 --> 02:26:17,000
The owner move in since like I said, there might be some owners who would be interested in moving in to their 80 use and converting them to a condo and then selling their the main house.

1767
02:26:18,000 --> 02:26:32,000
Do we think I what what I'm worried about is an landlord using owner move in eviction and then turning it into a condo.

1768
02:26:32,000 --> 02:26:42,000
I wonder if there's a way we can meet in the middle of there and accommodate that issue without completely removing it.

1769
02:26:42,000 --> 02:26:46,000
That would be interested to see if anyone else is in support.

1770
02:26:46,000 --> 02:26:51,000
So I'd like to ask if any of my colleagues have any comments.

1771
02:26:51,000 --> 02:26:54,000
I'm interested in this mostly in the name of community.

1772
02:26:54,000 --> 02:26:58,000
I don't I think I'd prefer to just have my way, but I think.

1773
02:26:58,000 --> 02:27:03,000
I think the other side's argument are reasonable, so I'd like it would be feel better if.

1774
02:27:03,000 --> 02:27:07,000
You find some some movement and I'm open to looking for that.

1775
02:27:07,000 --> 02:27:09,000
And this I like this.

1776
02:27:09,000 --> 02:27:10,000
Keep going.

1777
02:27:10,000 --> 02:27:11,000
Sorry.

1778
02:27:11,000 --> 02:27:13,000
I don't head counts.

1779
02:27:13,000 --> 02:27:14,000
I don't know.

1780
02:27:14,000 --> 02:27:18,000
I don't want to speak to the point about this basement.

1781
02:27:18,000 --> 02:27:21,000
I think that's why I'm interested in this the prohibition on.

1782
02:27:21,000 --> 02:27:23,000
Conversion following a new fall.

1783
02:27:24,000 --> 02:27:32,000
I see both proposals of having very about very valid and very useful.

1784
02:27:32,000 --> 02:27:36,000
This dissentives against displacement.

1785
02:27:36,000 --> 02:27:39,000
And I want to just voice that.

1786
02:27:39,000 --> 02:27:47,000
I don't think either the planning commission or planning staff or any of the numbers of the council.

1787
02:27:47,000 --> 02:27:52,000
Are seeking to replace tenants with homeowners.

1788
02:27:52,000 --> 02:27:56,000
I think we are, you know, trying to throw the needle here.

1789
02:27:56,000 --> 02:28:06,000
But I, but I want to sort of reiterate that that's why I'm so interested in the the prohibition on the fall of action.

1790
02:28:06,000 --> 02:28:09,000
Conversion.

1791
02:28:09,000 --> 02:28:10,000
Thank you.

1792
02:28:10,000 --> 02:28:11,000
Yeah.

1793
02:28:11,000 --> 02:28:12,000
Vice President of par.

1794
02:28:12,000 --> 02:28:17,000
I think in the interest of not trying to come up with entirely new policy on the bias.

1795
02:28:17,000 --> 02:28:23,000
I'm, we can, um, refer to the planning commission version of the, oh, my evictions.

1796
02:28:23,000 --> 02:28:27,000
And that's my of the owner movement evictions.

1797
02:28:27,000 --> 02:28:31,000
So, um.

1798
02:28:31,000 --> 02:28:32,000
Yes.

1799
02:28:32,000 --> 02:28:33,000
Yeah.

1800
02:28:33,000 --> 02:28:34,000
Okay.

1801
02:28:34,000 --> 02:28:35,000
Do you want, I'm sorry.

1802
02:28:35,000 --> 02:28:36,000
Do you want to actually just repeat everything.

1803
02:28:36,000 --> 02:28:37,000
I think that might be helpful.

1804
02:28:37,000 --> 02:28:38,000
Yeah.

1805
02:28:38,000 --> 02:28:39,000
It would.

1806
02:28:39,000 --> 02:28:45,000
This motion, um, would approve the supplemental item without the affordable housing mitigation fee.

1807
02:28:45,000 --> 02:28:52,000
Or the changes to owner movement evictions from the planning commission version.

1808
02:28:52,000 --> 02:28:55,000
And so that would leave.

1809
02:28:55,000 --> 02:28:56,000
Sorry.

1810
02:28:56,000 --> 02:28:57,000
I'm just pulling up my notes.

1811
02:28:57,000 --> 02:29:00,000
I want to make sure I'm saying everything correctly.

1812
02:29:00,000 --> 02:29:06,000
So that would leave the right of first refusal of 90 days and the conversion.

1813
02:29:06,000 --> 02:29:09,000
Prohibition after no fault evictions for five years.

1814
02:29:09,000 --> 02:29:11,000
Correct.

1815
02:29:11,000 --> 02:29:13,000
Okay.

1816
02:29:13,000 --> 02:29:18,000
And just looking to see if anyone has other thoughts.

1817
02:29:18,000 --> 02:29:25,000
And I'm imagining a scenario where somebody has rented their 80U backyard 80U to attend it.

1818
02:29:25,000 --> 02:29:27,000
And it wasn't working out.

1819
02:29:27,000 --> 02:29:30,000
And they wanted to condolize it.

1820
02:29:30,000 --> 02:29:33,000
And I feel like what's being posed right now.

1821
02:29:33,000 --> 02:29:37,000
I do have empathy and consent for that landlord.

1822
02:29:37,000 --> 02:29:42,000
I think I think they need because it is, as I alluded to before, this is more of a single family home situation.

1823
02:29:42,000 --> 02:29:44,000
It's a little more personal.

1824
02:29:44,000 --> 02:29:52,000
I do want to preserve that right sort of, of who you get to live next to for homeowners.

1825
02:29:52,000 --> 02:29:55,000
So, but I, I don't know.

1826
02:29:55,000 --> 02:29:57,000
I feel like they're still compromising here.

1827
02:29:57,000 --> 02:30:00,000
But the, it's the parent of those two.

1828
02:30:00,000 --> 02:30:09,120
I guess, in that situation, they would either have to wait five years. And if it is a no fall

1829
02:30:09,120 --> 02:30:14,500
eviction, because there are many, you know. I don't know what it's called, but the fault

1830
02:30:14,500 --> 02:30:22,700
did evictions. That homeowner can take if they perform a no fall eviction, they would have

1831
02:30:22,700 --> 02:30:28,300
to either wait five years or they can just rent it out to another tenant in the meantime.

1832
02:30:28,300 --> 02:30:34,940
I don't know, I guess, I don't think that we should. I'm worried about weighing, about

1833
02:30:34,940 --> 02:30:41,740
displacing that tenant, and possibly pushing them into homelessness when the homeowner has

1834
02:30:41,740 --> 02:30:46,780
multiple options to not live with that person if it's not working out for them. They don't

1835
02:30:46,780 --> 02:30:58,900
have to condoize it. And yeah. Okay, I just want to check and see if there are any comments,

1836
02:30:58,900 --> 02:31:02,860
and then I think we should move forward and vote. Yeah. Yeah, just because I guess we're having

1837
02:31:02,860 --> 02:31:08,260
a little bit of background for them to respond. I want to say, I hear what you're saying. I think we're

1838
02:31:08,260 --> 02:31:12,300
going to agree to disagree, but I think what you're saying is reasonable. I'm not, I'm just

1839
02:31:12,300 --> 02:31:17,300
not comfortable with what's being proposed at this time, but I appreciate the argument.

1840
02:31:17,300 --> 02:31:36,800
It has a lot of merit. How do you think, what would you propose differently? I'm not sure, I'm

1841
02:31:36,800 --> 02:31:45,800
just, I'm open to some sort of less draconians, quite the right word, but less strong

1842
02:31:45,800 --> 02:31:54,280
tenant protections. Like, I'm open to something. I just, I do want to preserve, I don't know why

1843
02:31:54,280 --> 02:32:01,600
this is coming to just me, maybe other people on my side aren't open to this at all. Yeah, I just,

1844
02:32:01,600 --> 02:32:08,600
I really want to make sure to preserve the, the right of a homeowner, a single family homeowner

1845
02:32:08,600 --> 02:32:14,600
to choose who's next door to the next, on the same property as them. I just, I want to preserve that.

1846
02:32:14,600 --> 02:32:24,600
So, whatever we do has to make that possible even when they want to do a condo conversion. So, just being

1847
02:32:24,600 --> 02:32:30,600
realistic thinking about the votes that we have here, I do really want to make a push for the

1848
02:32:30,600 --> 02:32:40,600
90 day, 90 day driver refusal, because I do think that that's something that we can have votes

1849
02:32:40,600 --> 02:32:50,600
for. And so, I just want to say that out loud with the hope that you might make an adjustment

1850
02:32:50,600 --> 02:32:54,600
and focus just on that piece, because I do think that that piece is winnable, and at the same

1851
02:32:54,600 --> 02:33:03,600
time, to address council member abuse concerns, it's possible for us to have this provision

1852
02:33:03,600 --> 02:33:16,600
after no fault evictions for five years, unless unless the owner is moving into the ADU into the condo,

1853
02:33:16,600 --> 02:33:22,600
and that might address your concern. Right, there's a different sort of no fault eviction

1854
02:33:22,600 --> 02:33:31,600
on our own or move in eviction. No? There's no difference between us. They have different names.

1855
02:33:31,600 --> 02:33:40,600
Yeah, because I agree if you could, if there's crossover, so they are, they are not the same thing,

1856
02:33:40,600 --> 02:33:47,600
but situation could happen with their spool. Okay. I also want to point where. I have one more point if I can

1857
02:33:47,600 --> 02:33:54,600
go ahead. If someone condoizes and sells the ADU, and then that person sells it to someone else,

1858
02:33:54,600 --> 02:34:01,600
that homeowner has no choice over who lives there. They can choose who they sell it to, but then that person

1859
02:34:01,600 --> 02:34:15,600
can sell it to whoever they want. So it's kind of, yeah. Does that make sense? Does that address your concern?

1860
02:34:16,600 --> 02:34:22,600
Let me take that. They could have the most control if they keep renting it out.

1861
02:34:26,600 --> 02:34:29,600
This is my vote if I'm not, otherwise I don't look again.

1862
02:34:29,600 --> 02:34:32,600
That's true. That was vote matters.

1863
02:34:32,600 --> 02:34:34,600
Yes, sorry. Go ahead, council member, tap on.

1864
02:34:34,600 --> 02:34:40,600
Thanks. Yeah. I appreciate the conversation. I, you know, just, you know, I think, you know,

1865
02:34:40,600 --> 02:34:49,600
I hear what everyone is saying. I see where we're trying to go, and I think between the, what's on the table,

1866
02:34:49,600 --> 02:35:04,600
I feel most confident that the main motion by council member will get us as close as we can get to where we want to be.

1867
02:35:04,600 --> 02:35:13,600
Okay. So our, okay, I have one more last stitch effort.

1868
02:35:13,600 --> 02:35:29,600
If we can compromise to only apply the, no fault eviction prohibition for all covered current tenants or all, sorry, all current tenants.

1869
02:35:29,600 --> 02:35:36,600
And we can set a date for that. That does make the law more complicated, though. Sorry, so that one more time.

1870
02:35:36,600 --> 02:35:39,600
Only apply the no fault eviction.

1871
02:35:39,600 --> 02:35:45,600
Five year prohibition for all current tenants as of the time of the second reading, but that does make the law more complicated.

1872
02:35:45,600 --> 02:35:46,600
Yeah.

1873
02:35:46,600 --> 02:35:49,600
Can I, is it okay if I, yeah, please, thank you.

1874
02:35:49,600 --> 02:35:52,600
The thing that sort of happened for me when I, that was a really early bit.

1875
02:35:52,600 --> 02:35:56,600
You know, I respect to good arguments, though.

1876
02:35:56,600 --> 02:36:11,600
One of the, but I think what's happening for me is I'm just going back to my original orientation to this, which is like, I think that the planning commission staff recommendation just makes more sense and it just feels cleaner to me.

1877
02:36:11,600 --> 02:36:18,600
And I do want to, it would be nice if we could come up with a compromise that and go to unanimously, but I don't think that's on the table.

1878
02:36:18,600 --> 02:36:23,600
And I think I'd rather just stick with council member Humphards.

1879
02:36:23,600 --> 02:36:33,600
Guys, yeah, vice mayor, I think the only thing that we might be able to surpass to add on from what your supplemental is is the 90 day,

1880
02:36:33,600 --> 02:36:34,600
um,

1881
02:36:34,600 --> 02:36:38,600
that I'm mixing up all my phrases on my board.

1882
02:36:38,600 --> 02:36:39,600
Thank you.

1883
02:36:39,600 --> 02:36:40,600
Thank you.

1884
02:36:40,600 --> 02:36:42,600
90 day right of refusal.

1885
02:36:42,600 --> 02:36:44,600
For, for all.

1886
02:36:45,600 --> 02:36:57,600
All of my motion to just that, so that it would be just to clarify it would be staff's recommendation with council member Humphards.

1887
02:36:57,600 --> 02:37:03,600
Supplemental and, but the 90 days would be included for all for all, for all tenants, yes.

1888
02:37:03,600 --> 02:37:09,600
Okay, so I believe there was a second from council member Bartlett already.

1889
02:37:09,600 --> 02:37:14,600
And so in that case, I will ask if the clerk can take the roll.

1890
02:37:14,600 --> 02:37:18,600
Because I mean, we have the same motion twice or.

1891
02:37:18,600 --> 02:37:19,600
No.

1892
02:37:19,600 --> 02:37:20,600
No.

1893
02:37:20,600 --> 02:37:22,600
So what's the difference between the two?

1894
02:37:22,600 --> 02:37:30,600
The addition is that the 90 day right of refusal would apply to all as opposed to just the.

1895
02:37:30,600 --> 02:37:34,600
It would, the 90 days was just a change from a year.

1896
02:37:34,600 --> 02:37:37,600
In which motion.

1897
02:37:37,600 --> 02:37:47,600
In council, in council, in council, in council members.

1898
02:37:47,600 --> 02:37:48,600
In the main motion.

1899
02:37:48,600 --> 02:37:49,600
In the main motion.

1900
02:37:49,600 --> 02:37:50,600
Yeah.

1901
02:37:50,600 --> 02:37:51,600
Okay.

1902
02:37:51,600 --> 02:37:52,600
Did you have a question?

1903
02:37:52,600 --> 02:37:54,600
I think that was my question was how it.

1904
02:37:54,600 --> 02:37:57,600
It's exactly Humphards but with a different number.

1905
02:37:57,600 --> 02:37:59,600
There's no same number.

1906
02:37:59,600 --> 02:38:02,600
What's the, but it would apply to more people.

1907
02:38:02,600 --> 02:38:03,600
Okay.

1908
02:38:04,600 --> 02:38:07,600
We have a question as home council member had a.

1909
02:38:07,600 --> 02:38:08,600
Something extra an afternoon.

1910
02:38:08,600 --> 02:38:10,600
Make sure that's in it or it doesn't matter anymore.

1911
02:38:10,600 --> 02:38:13,600
Maybe he could speak to that.

1912
02:38:13,600 --> 02:38:16,600
Yes.

1913
02:38:16,600 --> 02:38:17,600
Go ahead.

1914
02:38:17,600 --> 02:38:20,600
So the planning commission version.

1915
02:38:20,600 --> 02:38:26,600
Um, gives one year of right of first refusal for covered tenants.

1916
02:38:26,600 --> 02:38:30,600
Council member Humberch's change reduces that to 90 days.

1917
02:38:30,600 --> 02:38:33,600
to expand that to all tenants.

1918
02:38:33,600 --> 02:38:35,600
But only for 90 days.

1919
02:38:39,600 --> 02:38:40,600
Yeah.

1920
02:38:40,600 --> 02:38:44,600
So to exempt partially covered and covered to 90 days.

1921
02:38:44,600 --> 02:38:47,600
Yes, 90 days of right of first refusal.

1922
02:38:47,600 --> 02:38:48,600
Thank you.

1923
02:38:48,600 --> 02:38:49,600
Thanks for clarifying.

1924
02:38:49,600 --> 02:38:50,600
Cover number number.

1925
02:38:50,600 --> 02:38:52,600
Did you want to say something as well?

1926
02:38:52,600 --> 02:38:53,600
Yeah.

1927
02:38:53,600 --> 02:38:56,600
No, I can't support that.

1928
02:38:56,600 --> 02:38:59,600
There may be a majority that does, but I can't support it.

1929
02:38:59,600 --> 02:39:00,600
Okay.

1930
02:39:00,600 --> 02:39:01,600
Thank you.

1931
02:39:01,600 --> 02:39:02,600
Yeah.

1932
02:39:02,600 --> 02:39:03,600
Yeah.

1933
02:39:03,600 --> 02:39:04,600
I just, sorry.

1934
02:39:04,600 --> 02:39:05,600
I'm out of order.

1935
02:39:05,600 --> 02:39:06,600
My apologies.

1936
02:39:06,600 --> 02:39:07,600
No, no.

1937
02:39:07,600 --> 02:39:08,600
Go ahead, Council Member.

1938
02:39:08,600 --> 02:39:09,600
Tap on.

1939
02:39:09,600 --> 02:39:10,600
Did you have a comment?

1940
02:39:10,600 --> 02:39:11,600
Yeah.

1941
02:39:11,600 --> 02:39:13,600
It's just, it's, I mean, it's difficult to keep up.

1942
02:39:13,600 --> 02:39:20,600
It's, you know, it's difficult to parse on the fly like this.

1943
02:39:20,600 --> 02:39:25,600
I, I, I might, you know, I remain.

1944
02:39:25,600 --> 02:39:26,600
Okay.

1945
02:39:26,600 --> 02:39:27,600
Thank you.

1946
02:39:27,600 --> 02:39:28,600
Okay.

1947
02:39:28,600 --> 02:39:29,600
So.

1948
02:39:29,600 --> 02:39:30,600
I wish to take a roll.

1949
02:39:30,600 --> 02:39:31,600
The substitute motion.

1950
02:39:31,600 --> 02:39:34,600
If I count some, I'm, uh, vice mayor Luna Para.

1951
02:39:34,600 --> 02:39:35,600
Um.

1952
02:39:35,600 --> 02:39:36,600
On the motion.

1953
02:39:36,600 --> 02:39:37,600
Council Member.

1954
02:39:37,600 --> 02:39:38,600
Tap on.

1955
02:39:38,600 --> 02:39:39,600
No.

1956
02:39:39,600 --> 02:39:40,600
Bartlett.

1957
02:39:40,600 --> 02:39:41,600
Yes.

1958
02:39:41,600 --> 02:39:42,600
I mean.

1959
02:39:42,600 --> 02:39:43,600
I mean.

1960
02:39:43,600 --> 02:39:44,600
I mean.

1961
02:39:44,600 --> 02:39:45,600
I mean.

1962
02:39:45,600 --> 02:39:46,600
I mean.

1963
02:39:46,600 --> 02:39:47,600
I mean.

1964
02:39:47,600 --> 02:39:48,600
I mean.

1965
02:39:48,600 --> 02:39:49,600
I mean.

1966
02:39:49,600 --> 02:39:50,600
I mean.

1967
02:39:50,600 --> 02:39:51,600
I mean.

1968
02:39:51,600 --> 02:39:52,600
I mean.

1969
02:39:53,600 --> 02:39:54,600
Bartlett.

1970
02:39:54,600 --> 02:39:55,600
Yes.

1971
02:39:55,600 --> 02:39:56,600
Okay.

1972
02:39:56,600 --> 02:39:57,600
Yes.

1973
02:39:57,600 --> 02:39:58,600
Blackby.

1974
02:39:58,600 --> 02:39:59,600
No.

1975
02:39:59,600 --> 02:40:00,600
Luna Para.

1976
02:40:00,600 --> 02:40:01,600
Yes.

1977
02:40:01,600 --> 02:40:02,600
Humber.

1978
02:40:02,600 --> 02:40:03,600
No.

1979
02:40:03,600 --> 02:40:04,600
Mayor.

1980
02:40:04,600 --> 02:40:05,600
Yes.

1981
02:40:05,600 --> 02:40:06,600
Okay.

1982
02:40:06,600 --> 02:40:07,600
That motion fails.

1983
02:40:07,600 --> 02:40:08,600
All right.

1984
02:40:08,600 --> 02:40:09,600
I mean.

1985
02:40:09,600 --> 02:40:10,600
On the main motion.

1986
02:40:10,600 --> 02:40:12,600
I, Council Member.

1987
02:40:12,600 --> 02:40:13,600
Humber.

1988
02:40:13,600 --> 02:40:14,600
Um.

1989
02:40:14,600 --> 02:40:16,600
Council Member.

1990
02:40:16,600 --> 02:40:17,600
Tap on.

1991
02:40:17,600 --> 02:40:18,600
Yes.

1992
02:40:18,600 --> 02:40:19,600
Bartlett.

1993
02:40:19,600 --> 02:40:20,600
Yes.

1994
02:40:20,600 --> 02:40:21,600
Okay.

1995
02:40:21,600 --> 02:40:22,600
Yes.

1996
02:40:22,600 --> 02:40:23,600
Okay.

1997
02:40:23,600 --> 02:40:24,600
Yes.

1998
02:40:24,600 --> 02:40:25,600
Blackby.

1999
02:40:25,600 --> 02:40:26,600
Yes.

2000
02:40:26,600 --> 02:40:27,600
Luna Para.

2001
02:40:27,600 --> 02:40:28,600
No.

2002
02:40:28,600 --> 02:40:29,600
Humber.

2003
02:40:29,600 --> 02:40:30,600
Yes.

2004
02:40:30,600 --> 02:40:31,600
And Mayor.

2005
02:40:31,600 --> 02:40:32,600
Yes.

2006
02:40:32,600 --> 02:40:33,600
Okay.

2007
02:40:33,600 --> 02:40:34,600
That motion carries.

2008
02:40:34,600 --> 02:40:35,600
Thank you.

2009
02:40:35,600 --> 02:40:36,600
Sorry.

2010
02:40:36,600 --> 02:40:37,600
Now that was a lot of sausage making.

2011
02:40:37,600 --> 02:40:39,600
I really appreciate you all sitting through that.

2012
02:40:39,600 --> 02:40:40,600
Um.

2013
02:40:40,600 --> 02:40:41,600
Okay.

2014
02:40:41,600 --> 02:40:43,600
I think we should take a five minute break.

2015
02:40:43,600 --> 02:40:44,600
So we can do that.

2016
02:40:44,600 --> 02:40:45,600
Okay.

2017
02:40:46,600 --> 02:40:48,600
I think we should take a five minute break.

2018
02:40:48,600 --> 02:40:50,600
So we can switch over to the next item.

2019
02:40:50,600 --> 02:40:51,600
Peace.

2020
02:40:51,600 --> 02:40:52,600
Fast.

2021
02:40:52,600 --> 02:40:54,600
Thank you.

2022
02:41:22,600 --> 02:41:39,600
Hello lovely people in the crowd.

2023
02:41:39,600 --> 02:41:41,600
We're going to get started again.

2024
02:41:41,600 --> 02:41:42,600
Okay.

2025
02:41:42,600 --> 02:41:43,600
Sam.

2026
02:41:43,600 --> 02:41:45,600
Sarah.

2027
02:41:45,600 --> 02:41:46,600
Rebecca.

2028
02:41:46,600 --> 02:41:48,600
Everyone.

2029
02:41:48,600 --> 02:41:49,600
Please.

2030
02:41:49,600 --> 02:41:50,600
Paul.

2031
02:41:50,600 --> 02:41:51,600
Sydney.

2032
02:41:52,600 --> 02:41:55,600
I'm just going to start calling everyone by name.

2033
02:41:55,600 --> 02:41:56,600
Okay.

2034
02:41:56,600 --> 02:41:57,600
All right.

2035
02:41:57,600 --> 02:41:59,600
Let's get started.

2036
02:41:59,600 --> 02:42:00,600
Thank you so much.

2037
02:42:00,600 --> 02:42:01,600
All right.

2038
02:42:01,600 --> 02:42:03,600
We've got a few more items left.

2039
02:42:03,600 --> 02:42:04,600
So let's.

2040
02:42:04,600 --> 02:42:05,600
Let's get going.

2041
02:42:05,600 --> 02:42:08,600
We're going to move on to item number 22.

2042
02:42:08,600 --> 02:42:12,600
Which is public health vital statistics vital records.

2043
02:42:12,600 --> 02:42:13,600
These.

2044
02:42:13,600 --> 02:42:14,600
Um.

2045
02:42:14,600 --> 02:42:15,600
We don't have a presentation from this.

2046
02:42:15,600 --> 02:42:18,600
But I will ask if there are any questions from our council members.

2047
02:42:18,600 --> 02:42:22,600
And I will also open the public hearing.

2048
02:42:22,600 --> 02:42:24,600
Questions from.

2049
02:42:24,600 --> 02:42:28,600
Council members about item number 22.

2050
02:42:28,600 --> 02:42:38,600
Okay.

2051
02:42:38,600 --> 02:42:40,600
Seeing no questions.

2052
02:42:40,600 --> 02:42:44,600
I will ask if there are any public comments.

2053
02:42:45,600 --> 02:42:46,600
You say that.

2054
02:42:46,600 --> 02:42:48,600
Maybe say the title of the.

2055
02:42:48,600 --> 02:42:49,600
Yeah.

2056
02:42:49,600 --> 02:42:52,600
Any public comments for the public health vital statistics vital records.

2057
02:42:52,600 --> 02:42:53,600
Fees.

2058
02:42:53,600 --> 02:42:54,600
Item number 22.

2059
02:42:54,600 --> 02:42:55,600
Um.

2060
02:42:55,600 --> 02:42:56,600
I'm trying to.

2061
02:42:56,600 --> 02:42:57,600
I'm trying to.

2062
02:42:57,600 --> 02:42:58,600
I'm trying to help closely.

2063
02:42:58,600 --> 02:42:59,600
I can relate this.

2064
02:42:59,600 --> 02:43:01,600
But I just want to say get.

2065
02:43:01,600 --> 02:43:05,600
Given the left of those paralysis that's that's come out.

2066
02:43:05,600 --> 02:43:08,600
It's just ironic that when.

2067
02:43:08,600 --> 02:43:09,600
Uh.

2068
02:43:09,600 --> 02:43:11,600
The bathrooms that were.

2069
02:43:11,600 --> 02:43:15,600
The bathrooms that were raised in 2017.

2070
02:43:15,600 --> 02:43:17,600
And that passed.

2071
02:43:17,600 --> 02:43:18,600
Council.

2072
02:43:18,600 --> 02:43:19,600
Which have now.

2073
02:43:19,600 --> 02:43:21,600
Eight years later.

2074
02:43:21,600 --> 02:43:22,600
We have been.

2075
02:43:22,600 --> 02:43:23,600
Uh.

2076
02:43:23,600 --> 02:43:26,600
Sat aside that we now are in a middle of another.

2077
02:43:26,600 --> 02:43:27,600
Epidemic.

2078
02:43:27,600 --> 02:43:28,600
Because.

2079
02:43:28,600 --> 02:43:30,600
At 2017 the reason that passed.

2080
02:43:30,600 --> 02:43:32,600
Council was because the.

2081
02:43:32,600 --> 02:43:33,600
Happ.

2082
02:43:33,600 --> 02:43:37,600
That had broken out and San Diego.

2083
02:43:37,600 --> 02:43:40,600
And it was spreading to Santa Cruz.

2084
02:43:40,600 --> 02:43:43,600
And I think that.

2085
02:43:43,600 --> 02:43:46,600
We don't have to have.

2086
02:43:46,600 --> 02:43:51,600
That widespread of an epidemic again that we have to be fearful of.

2087
02:43:51,600 --> 02:43:52,600
Uh.

2088
02:43:52,600 --> 02:43:53,600
Uh.

2089
02:43:53,600 --> 02:43:55,600
Before we recognize the importance of.

2090
02:43:55,600 --> 02:43:58,600
The community recognizes the importance of.

2091
02:43:58,600 --> 02:43:59,600
Have in sanitation.

2092
02:43:59,600 --> 02:44:01,600
Because sanitation has now come.

2093
02:44:01,600 --> 02:44:02,600
Great.

2094
02:44:02,600 --> 02:44:04,600
Come up as the issue with the lecture.

2095
02:44:04,600 --> 02:44:05,600
So.

2096
02:44:05,600 --> 02:44:06,600
Thank you.

2097
02:44:06,600 --> 02:44:07,600
Thanks.

2098
02:44:07,600 --> 02:44:08,600
Carol.

2099
02:44:08,600 --> 02:44:09,600
Any other comments?

2100
02:44:10,600 --> 02:44:11,600
On line commenter.

2101
02:44:11,600 --> 02:44:12,600
This is on.

2102
02:44:12,600 --> 02:44:14,600
Item 22 public health.

2103
02:44:14,600 --> 02:44:15,600
Vital statistics.

2104
02:44:15,600 --> 02:44:17,600
Fees.

2105
02:44:17,600 --> 02:44:20,600
And the hand went down.

2106
02:44:20,600 --> 02:44:21,600
Okay.

2107
02:44:21,600 --> 02:44:22,600
No.

2108
02:44:22,600 --> 02:44:23,600
No.

2109
02:44:23,600 --> 02:44:24,600
Okay.

2110
02:44:24,600 --> 02:44:25,600
Thank you very much.

2111
02:44:25,600 --> 02:44:26,600
Is there a motion to close the public hearing.

2112
02:44:26,600 --> 02:44:27,600
So moved.

2113
02:44:27,600 --> 02:44:28,600
A source.

2114
02:44:28,600 --> 02:44:29,600
Okay.

2115
02:44:29,600 --> 02:44:30,600
Thank you very much.

2116
02:44:30,600 --> 02:44:31,600
Council member.

2117
02:44:31,600 --> 02:44:32,600
Can we take the roll.

2118
02:44:32,600 --> 02:44:33,600
Please.

2119
02:44:33,600 --> 02:44:34,600
Okay.

2120
02:44:34,600 --> 02:44:35,600
Close the public hearing.

2121
02:44:35,600 --> 02:44:38,600
Council member.

2122
02:44:38,600 --> 02:44:39,600
Yes.

2123
02:44:39,600 --> 02:44:40,600
Yes.

2124
02:44:40,600 --> 02:44:41,600
Yes.

2125
02:44:41,600 --> 02:44:42,600
Yes.

2126
02:44:42,600 --> 02:44:43,600
Yes.

2127
02:44:43,600 --> 02:44:44,600
Yes.

2128
02:44:44,600 --> 02:44:45,600
I.

2129
02:44:45,600 --> 02:44:46,600
Okay.

2130
02:44:46,600 --> 02:44:47,600
Yes.

2131
02:44:47,600 --> 02:44:48,600
That could be.

2132
02:44:48,600 --> 02:44:49,600
Yes.

2133
02:44:49,600 --> 02:44:50,600
I'm going to.

2134
02:44:50,600 --> 02:44:51,600
Yes.

2135
02:44:51,600 --> 02:44:52,600
And Mary.

2136
02:44:52,600 --> 02:44:53,600
Yes.

2137
02:44:53,600 --> 02:44:54,600
Okay.

2138
02:44:54,600 --> 02:44:55,600
Okay.

2139
02:44:55,600 --> 02:44:57,600
Are there any council comments on this item?

2140
02:44:57,600 --> 02:44:58,600
Yes.

2141
02:44:58,600 --> 02:44:59,600
Go ahead.

2142
02:44:59,600 --> 02:45:00,600
Council member.

2143
02:45:00,000 --> 02:45:07,520
Director Gilman and the staff at HHCS for preparing this item, no one likes death in taxes,

2144
02:45:00,600 --> 02:45:01,600
Let's do.

2145
02:45:07,520 --> 02:45:14,320
and people like a fee you pay after death, even less. But we have to make sure these fees

2146
02:45:14,320 --> 02:45:20,000
keep up with the cost of providing these vital services. Thankfully, these increases for most

2147
02:45:20,000 --> 02:45:24,640
people will equate to just a few dollars over a lifetime, so I don't think we're pricing anyone

2148
02:45:24,640 --> 02:45:35,040
out of being born or dying, and I'll support this item. Okay, thank you. Any other comments? All right.

2149
02:45:36,480 --> 02:45:42,080
And is there a motion to approve? Some left. That's second. Very good. Can we take your

2150
02:45:42,080 --> 02:45:52,400
role, please? Okay. To approve the item, Councilmember Kesterwani. Yes. Tapplin. Yes. Bartlett. Yes. Tragab, aye. Okay. Yes.

2151
02:45:52,400 --> 02:46:00,240
Black could be. Yes. Luna Para. Yes. Humvered. Yes. And Mary. Yes. Okay. Motion carries. Thank you very much.

2152
02:46:00,240 --> 02:46:06,240
Moving on to item number 23 changes to selected recreation and camps facilities and program fees. I believe

2153
02:46:06,240 --> 02:46:10,400
there's also not a presentation for this one, so I will ask if there are any council questions.

2154
02:46:11,440 --> 02:46:16,960
Yes. Councilmember Vakabee. Thanks. Madam Mayor and Director Ferses on lines. That right.

2155
02:46:17,840 --> 02:46:23,200
Director Ferses. Just a quick question. I think we've seen this in previous

2156
02:46:24,480 --> 02:46:30,480
reports. Do you have a sense of not just the before and after of the proposal in Berkeley, but how we

2157
02:46:30,480 --> 02:46:35,120
compare kind of our fee levels? And I know we can't do it at the level of every line item, but

2158
02:46:36,720 --> 02:46:41,440
kind of any sense of where this puts us relative to neighbor and jurisdictions with kind of our

2159
02:46:41,440 --> 02:46:48,480
our fee levels for these programs. Yeah. A lot of those tables are attached to the report,

2160
02:46:49,680 --> 02:46:58,960
but generally it puts us either close to the middle or below the average or most other cities.

2161
02:46:59,840 --> 02:47:05,360
So it just depends on what program. Okay. But we're not definitely not in the case of kind of pushing

2162
02:47:05,360 --> 02:47:11,520
ourselves higher than we're at medium or a little below not significantly above medium, which is

2163
02:47:11,520 --> 02:47:21,200
more my concern. Correct. Okay. You know in the case of Berkeley to all me camp, which

2164
02:47:21,200 --> 02:47:32,320
sees fees addressed, we are in good shape, but you know it is a, it is a camp that a lot of services

2165
02:47:32,320 --> 02:47:38,160
are provided. So the fees are inching up there, but we're still in in good shape compared to other

2166
02:47:38,160 --> 02:47:47,760
family camps. Okay. Thank you. All right. Thank you very much. Okay. Since there is no there are no more

2167
02:47:47,760 --> 02:47:54,080
council questions. I'm going to move to public comment. Are there any public comments on item 23 changes

2168
02:47:54,080 --> 02:48:03,280
to select the selected recreation and camps facilities and program fees? Is there anybody online?

2169
02:48:03,920 --> 02:48:10,720
One comment or online. This is Alan. Alan, you should be able to unmute.

2170
02:48:10,960 --> 02:48:17,680
Thank you. Good evening members of the city council. My name is Alan Eptis. I'm the chairperson

2171
02:48:17,680 --> 02:48:23,040
of your Parks Recreation and Waterfront Commission. In November, the Parks Commission received a presentation

2172
02:48:23,040 --> 02:48:29,520
on the proposed recreation fees for fiscal year 2027. As you know, the Parks Commission is quite concerned

2173
02:48:29,520 --> 02:48:34,800
about the adequacy of Berkeley Parks Funding. Berkeley is currently unable to fund approximately $300

2174
02:48:35,040 --> 02:48:41,360
million in capital and major parks maintenance projects. And on top of that, department is facing

2175
02:48:41,360 --> 02:48:47,040
a potential 10% budget cut in the coming year. Simply put, Berkeley's parks and programs are

2176
02:48:47,040 --> 02:48:52,080
starved for adequate revenue. After receiving staff's presentation on the proposed fees,

2177
02:48:52,080 --> 02:48:56,640
the Commission unanimously recommended that staff revisit the proposed fees because in many cases,

2178
02:48:56,640 --> 02:49:02,080
Berkeley is charging and proposes to charge less for comparable recreation programs and facility

2179
02:49:02,080 --> 02:49:07,280
rentals than jurisdictions that surround it. In many cases, materially less has indicated

2180
02:49:07,280 --> 02:49:12,240
in attachment 3 to the site of in your packet. The Commission felt that it makes no sense for Berkeley

2181
02:49:12,240 --> 02:49:18,080
to continue under charging for recreational facilities and programs, especially given Berkeley's current

2182
02:49:18,080 --> 02:49:22,320
fiscal environment and park funding needs. Accordingly, my fellow commissioners asked that I

2183
02:49:22,320 --> 02:49:27,120
appeared at night to request the city council not approve the proposed fees schedule and instead

2184
02:49:27,120 --> 02:49:31,360
direct staff to revisit the proposed fees and bring them into better line with the fees surrounded

2185
02:49:31,360 --> 02:49:38,160
by surrounding jurisdictions. Every dollar counts, our parks are not in a thriving state. Thank you.

2186
02:49:41,600 --> 02:49:48,560
Thank you. Thanks, Alan. Any other comments? No other comment to your song lines.

2187
02:49:49,520 --> 02:49:55,360
Okay, very good. Thank you so much. I'd like to see if there's a motion to close the public hearing.

2188
02:49:57,520 --> 02:50:01,760
It's almost so second. All right, can we take the roll on that please?

2189
02:50:02,320 --> 02:50:06,560
Okay, to close the public hearing council member, Kester Wani. Yes.

2190
02:50:07,200 --> 02:50:12,160
Half-lin. Yes. Bart-Lid. Yes. Try to go. Hi. Okay.

2191
02:50:12,880 --> 02:50:21,680
Yes. Black could be. Yes. Is it in a parah? Yes. Humver. Yes. And merit-easy. Yes. Okay. Public hearing is closed. Thank

2192
02:50:21,680 --> 02:50:23,920
you very much. Are there any council comments on this item?

2193
02:50:23,920 --> 02:50:35,520
Yes. Council member Okey? Yes. I just want to say briefly, because I have to own a 10-trip in the

2194
02:50:35,520 --> 02:50:45,040
past about adventure playground fees. I just want to say this is fine. And also, I remember my kids

2195
02:50:45,040 --> 02:50:51,920
have aged out of needing camp now, but I remember the Berkeley Day camp, the affordability of it was

2196
02:50:51,920 --> 02:50:56,240
a real life saver. As a teacher, I haven't. I needed to camp that much, but a few times we did.

2197
02:50:56,240 --> 02:51:02,400
And you wouldn't, if you don't know, you wouldn't believe how expensive summer camp can be and having that

2198
02:51:02,400 --> 02:51:09,520
relatively affordable option of very high quality child care during the summer was amazing. And that said,

2199
02:51:09,520 --> 02:51:15,120
this new fee is still very affordable. So I just want to, mostly the opportunity to shout out

2200
02:51:15,120 --> 02:51:20,800
Berkeley Day camp, and give some appreciation. And this is fine. Thank you, council member Omber.

2201
02:51:21,440 --> 02:51:25,600
Yeah. I just want to thank Director Ferris and Park Staff for all the work on this.

2202
02:51:26,640 --> 02:51:32,640
Raising fees is never fun, but given our budget situation, and broader inflation, these cost increases,

2203
02:51:32,640 --> 02:51:40,000
are necessary to preserve the facilities and programs that we all value and that are useful to us in

2204
02:51:40,000 --> 02:51:47,920
terms of maintaining our sanity. And using our public facilities and programs remains a very good

2205
02:51:47,920 --> 02:51:53,840
deal relative to purely private options. I also want to thank Staff for devising the birthday package

2206
02:51:53,840 --> 02:52:00,000
options. I thought that was really creative and important. It's a great idea to offer folks this opportunity

2207
02:52:00,720 --> 02:52:06,320
and encourage more use of these facilities while maintaining general open public access. Thank you.

2208
02:52:06,400 --> 02:52:15,040
Thank you. Councillor Nobacabee. Thanks, Madam Mayor. Very briefly. I just wanted to respond to

2209
02:52:15,680 --> 02:52:23,920
the parks chair comments. I appreciate the feedback because I think there's a tricky balance here. We want

2210
02:52:23,920 --> 02:52:29,760
these programs to be affordable and accessible for all residents. I think that's the most important

2211
02:52:29,760 --> 02:52:35,200
thing these are services that we want people to be able to avail themselves of the same time we know

2212
02:52:35,200 --> 02:52:42,560
we're entering a difficult budget climate. I'm certainly open moving forward to how else we need

2213
02:52:42,560 --> 02:52:51,360
to strike this balance. I'm going to support the proposal from our parks director and all the work

2214
02:52:51,360 --> 02:52:56,000
they've done this. As we go through the coming months and the coming year, we're just going to have to look

2215
02:52:56,000 --> 02:53:00,160
not. I'm not saying we're going to look at just these things. We have to look at a lot of things in our

2216
02:53:00,160 --> 02:53:09,440
budget in terms of how we are both general revenue and also providing services. I'm open to if we need

2217
02:53:09,440 --> 02:53:15,280
to make future adjustments to make sure that we are properly funding these things. I do have real sense

2218
02:53:15,280 --> 02:53:20,400
to make sure that it's accessible to everyone in Berkeley and that to me is still the A number one.

2219
02:53:20,400 --> 02:53:25,520
Cole, I do appreciate the feedback from the Parks Commission and sensitive to that and it's very good feedback.

2220
02:53:25,520 --> 02:53:32,480
So thank you. Thank you. Going to council number tap on online. I think you on that note I'm

2221
02:53:32,480 --> 02:53:40,720
wondering whether it would be possible for staff to come back as we answer the budget season with potential

2222
02:53:40,720 --> 02:53:47,520
options for a few levels that we can consider.

2223
02:53:47,520 --> 02:53:59,200
We can do that. We can incorporate some additional fee information as part of the budget

2224
02:53:59,200 --> 02:54:03,280
deliberations when we come back to council through that process.

2225
02:54:03,280 --> 02:54:12,720
Wonderful. Thank you. Thank you very much. Just adding on my comments about the challenges that we are

2226
02:54:12,720 --> 02:54:18,880
going to be facing and the importance of looking at all of the different options for increased

2227
02:54:18,880 --> 02:54:25,120
fee revenue while also balancing what council member backup you brought up around access. That's very

2228
02:54:25,120 --> 02:54:29,920
important. Thank you all so much for your comments there. I know our council really understands the

2229
02:54:29,920 --> 02:54:36,320
challenges that we face ahead and the importance of also considering our values as a city.

2230
02:54:37,200 --> 02:54:41,520
Did you want to say something? Yeah, I really quickly. Just to follow up on that as well.

2231
02:54:41,520 --> 02:54:47,600
And by the way, I love to all of the camp. This will be the second year we're taking our kids. It's amazing

2232
02:54:47,600 --> 02:54:53,920
and I will say Scott, you're right. The value for the amenities for what a family pays is. It's a very

2233
02:54:53,920 --> 02:54:58,720
attractive option. So as we're working with staff going forward, maybe the other way to think about it. It's

2234
02:54:58,720 --> 02:55:05,200
making sure that certainly, if you are at the more modest end of the income spectrum, again,

2235
02:55:05,200 --> 02:55:10,160
super affordable, make sure it's completely accessible. There might be some income-based things you

2236
02:55:10,160 --> 02:55:15,760
could look at, but we might be able to be creative in terms of I don't want to be assessing big fee

2237
02:55:15,760 --> 02:55:20,640
increases on folks to discourage them from using the services. So maybe there's some capacity or ability

2238
02:55:20,640 --> 02:55:27,040
to pay that also comes into play. I don't know. I'm reluctant to go into this territory, but I think

2239
02:55:27,040 --> 02:55:32,480
we're going to have to at least look at it before it. So thank you. Absolutely. Thank you. And I know

2240
02:55:32,480 --> 02:55:40,080
that the Parks Department is particularly focused on equity and access, and that there are some options

2241
02:55:40,080 --> 02:55:44,160
for scholarships for different programs, the Parks and Recreation Department. So I just want to shout

2242
02:55:44,160 --> 02:55:49,760
that out to think the department, but also to bring that to folks attention. If anyone's listening,

2243
02:55:49,760 --> 02:55:58,320
and you know, is booking first some relief from some fees that we have. Okay, so we have already

2244
02:55:58,320 --> 02:56:02,800
voted to close the public hearing. Is there a motion to move this item forward?

2245
02:56:02,800 --> 02:56:07,280
A move? Thank you. All right. Can we take the role, please, clerk?

2246
02:56:07,280 --> 02:56:13,280
No, okay. To approve the changes to selected recreation and camps facilities and program fees,

2247
02:56:14,080 --> 02:56:16,560
council member, kiss or wine? Yes.

2248
02:56:16,560 --> 02:56:22,640
Tapplin. Yes. Partly. Yes. Trag of I. Okay. Yes.

2249
02:56:22,640 --> 02:56:31,360
Black to be. Yes. Winapara. Yes. Humber. Yes. And Mayor E. She. Yes. Okay, motion carries. Very good. Moving on to item 20. Thank

2250
02:56:31,360 --> 02:56:38,480
you, staff. Moving on to item 24, amendments to title 23, zoning to permit by right approval of

2251
02:56:38,480 --> 02:56:45,040
qualifying housing projects on sites identified in previous housing elements, and revisions related

2252
02:56:45,040 --> 02:56:53,440
to design review. All right. Jordan, where's my fund acronym? I'm just kidding.

2253
02:56:54,080 --> 02:57:01,440
Good. We can come up with one on the fly. Okay. I'm going to pass it back to you. Thank you.

2254
02:57:02,800 --> 02:57:08,080
Good evening. Again, council members, Jordan Klein. I'm joined at the staff table by Ann Hirsch.

2255
02:57:08,080 --> 02:57:14,560
Ladies, planning manager. Ann Burns, senior planner and our designer of you lead and just in

2256
02:57:14,560 --> 02:57:20,400
order principal planner for policy and Justin is going to bring up a very quick slide deck.

2257
02:57:38,080 --> 02:57:56,880
Thank you. Mary, you. She members of the City Council, Justin Horner, planning department

2258
02:57:56,880 --> 02:58:02,640
staff. Tonight I'll present amendments to the zoning ordinance to enact program 32 of the housing

2259
02:58:03,280 --> 02:58:09,280
regarding buy right approvals of housing projects and revisions to our design review regulations

2260
02:58:09,280 --> 02:58:14,720
for these program 32 projects and for middle housing projects in the MUR zoning district.

2261
02:58:17,520 --> 02:58:23,920
The 232331 housing element update includes program 32, which requires the city to amended zoning code

2262
02:58:23,920 --> 02:58:29,200
to reflect the requirements of the California government code that allow residential uses by right.

2263
02:58:29,360 --> 02:58:35,920
That is with a zoning certificate for developments in which at least 20% of the units are affordable

2264
02:58:35,920 --> 02:58:40,480
on sites that have been listed as opportunity sites in previous housing elements.

2265
02:58:41,920 --> 02:58:47,040
There are currently 14 such projects or properties that meet the government code requirement,

2266
02:58:47,040 --> 02:58:51,440
which are included on the map in the slide and listed in your staff report. In future housing

2267
02:58:51,440 --> 02:58:57,120
elements, the list of eligible parcels may change as some sites are developed and others

2268
02:58:57,120 --> 02:59:04,560
end up meeting the government code requirements. The second item relates to design review for program 32

2269
02:59:04,560 --> 02:59:11,200
projects and for residential projects in the MUR, a middle housing zoning district. As you recall,

2270
02:59:11,200 --> 02:59:16,160
the intent of the middle housing changes was to approve new code compliant housing projects

2271
02:59:16,160 --> 02:59:25,280
without any discretionary public hearings and without any appeal. BMC section 23.406.070 contains

2272
02:59:25,280 --> 02:59:31,520
the city's design review requirements. To summarize for our purposes here, design reviews required

2273
02:59:31,520 --> 02:59:37,680
for all projects in all non-residential districts. Therefore, design review applies to projects in the

2274
02:59:37,680 --> 02:59:43,680
MUR district, which is a manufacturing or non-residential district, as well as any projects on sites

2275
02:59:43,680 --> 02:59:49,200
identified through program 32, which are all in commercial that is non-residential districts.

2276
02:59:50,000 --> 02:59:55,520
Projects that do not require a use permit, such as program 32 and middle housing projects,

2277
02:59:55,520 --> 02:59:59,920
receive staff level design review. However, staff level

2278
03:00:00,000 --> 03:00:20,000
As being able to use DR to appeal a project to the city council is inconsistent with the intent of ministerial approvals to avoid appeals, the proposed ordinance includes an abbreviated designer view process recommended by the Planning Commission for MUR and Project 32 projects.

2279
03:00:20,000 --> 03:00:37,000
These include staff level design review, one advisory visit to the design review committee for design related input only and a new provision that would exempt projects covered by this process from appeal to the ZAB or the city council.

2280
03:00:37,000 --> 03:00:43,000
That's the end of my presentation. Please hold a public hearing and we're available for any questions.

2281
03:00:43,000 --> 03:00:48,000
Thank you very much. I'm going to pass it forward to. Are you ready?

2282
03:00:48,000 --> 03:00:51,000
I'll ask a question.

2283
03:00:51,000 --> 03:00:56,000
You don't want to present your supplemental.

2284
03:00:56,000 --> 03:01:02,000
So, Madam Mayor, I don't have a supplemental. I have two short amendments that I want to make to the ordinance.

2285
03:01:02,000 --> 03:01:07,000
But before I do that, so this is the public hearing. So I can ask a question.

2286
03:01:07,000 --> 03:01:15,000
Director Klein, can you just briefly explain what was your recommendation to the Planning Commission or or Mr. Horner, you know, whoever wants to take it.

2287
03:01:15,000 --> 03:01:29,000
What was your recommendation to the Planning Commission as it relates to middle housing projects in the mixed use residential zone and can you explain why you made that recommendation.

2288
03:01:29,000 --> 03:01:38,000
Our initial recommendation for both program 32 and for MUR projects middle housing projects in the MUR was to exempt them from design review.

2289
03:01:38,000 --> 03:01:51,000
This was in our view consistent with the city council's intent to allow code compliance projects to be approved ministerially and not be subject to any discretionary hearing or any appeal.

2290
03:01:51,000 --> 03:02:05,000
And we in the process of implementing middle housing zoning changes came across this particular provision that would create an appeal pathway from middle housing projects.

2291
03:02:05,000 --> 03:02:08,000
We thought that we should remove that provision.

2292
03:02:08,000 --> 03:02:17,000
And Mr. Horner, can you just clarify why does the mixed use residential zone, why does it historically.

2293
03:02:17,000 --> 03:02:24,000
Have this requirement for design review, where is the the residential zones do not.

2294
03:02:24,000 --> 03:02:41,000
Design review is is required in any non residential zone, so any commercial zone and any manufacturing zone requires design review for any project and so the NUR although it permits residential is classified as a manufacturing zone.

2295
03:02:41,000 --> 03:02:53,000
Okay, thank you very much. I think we should close the public hearing and then I can discuss my proposed amendments. Thank you. Sure, that's my other questions.

2296
03:02:54,000 --> 03:03:06,000
I no longer see council member Tapplin, but I think if his hand is raised to pop up so I will then move us on to see if there are any public comments on this item.

2297
03:03:06,000 --> 03:03:21,000
So public comments on item 24, which is amendments to title 23 zoning to promote by right approval of qualifying housing projects on sites identified in previous having elements and revisions related to the design review.

2298
03:03:21,000 --> 03:03:24,000
Is there anyone online who has public comments on this item?

2299
03:03:24,000 --> 03:03:31,000
We have three three hands raised first speaker is Cleo.

2300
03:03:31,000 --> 03:03:36,000
Cleo, you should be able to unmute.

2301
03:03:36,000 --> 03:03:46,000
Hi, I have a small observation here. I noticed that there's a property one zero full met four nine one zero four nine Gilman Street.

2302
03:03:46,000 --> 03:03:50,000
That is in the list of properties.

2303
03:03:50,000 --> 03:04:06,000
That's the location of the Dollar Tree and so I think the observation I'd like to make is that it's amazing that you know we're having by right authorizations to build housing that are going to contain lots of affordable housing, but we might also want to consider.

2304
03:04:06,000 --> 03:04:23,000
That we want to keep things like the Dollar Tree because this is my neighborhood and it is the only affordable store in the entire neighborhood and I know that I have neighbors who have been in the area for a very long time and who are on the.

2305
03:04:23,000 --> 03:04:28,000
I'll say lower end of the income spectrum and for whom that store is invaluable.

2306
03:04:28,000 --> 03:04:42,000
So this is great, but while you're doing it, don't forget to like keep the actual affordable stores that you know people who would benefit from the lower income units might actually want to use.

2307
03:04:42,000 --> 03:04:44,000
Thank you.

2308
03:04:44,000 --> 03:04:46,000
Thank you.

2309
03:04:46,000 --> 03:04:51,000
Next is Kelly Hammergren.

2310
03:04:51,000 --> 03:05:01,000
Can you hear me okay without a knuckle? Yes. Okay.

2311
03:05:01,000 --> 03:05:10,000
So I really pushed for this design review when I heard it at the Planning Commission because.

2312
03:05:10,000 --> 03:05:17,000
I've been attending the Planning Commission for 10 years now. I've missed very, very few meetings.

2313
03:05:17,000 --> 03:05:27,000
Design review has changed considerably in those 10 years from what it used to be very picky and many, many meetings and now with SB.

2314
03:05:27,000 --> 03:05:38,000
In the past 30 years we only have like one one meeting at the beginning and then kind of a final on colors and products and things.

2315
03:05:38,000 --> 03:05:48,000
I always thought that it was for the mixed use projects because projects in residential areas that are.

2316
03:05:48,000 --> 03:06:10,000
The big apartment buildings do come to design review and design review really contributes a lot in terms of that of the building of just seeing so many projects over so many years to improve to improve the project making improvement.

2317
03:06:10,000 --> 03:06:17,000
There are some things that the architects as you know as good as they are will miss.

2318
03:06:17,000 --> 03:06:24,000
And the design review makes significant contributions and so that one.

2319
03:06:24,000 --> 03:06:30,000
Stop it design review is really not going to slow things down.

2320
03:06:30,000 --> 03:06:45,000
And there's a great benefit to improving the project because once it's built, you can't change, you really can't change it but the design review committee can catch problems that have been.

2321
03:06:45,000 --> 03:06:50,000
That shall we say not considered or missed.

2322
03:06:50,000 --> 03:07:02,000
In the development and the design of the of the building and it's just is just so important they contribute so much and I thank you Kelly.

2323
03:07:02,000 --> 03:07:06,000
Thanks for your comments.

2324
03:07:06,000 --> 03:07:15,000
And the last speaker is Brianna Morales.

2325
03:07:15,000 --> 03:07:20,000
Hi, good evening again my name is Brianna Morales with the housing action coalition.

2326
03:07:20,000 --> 03:07:30,000
We're a member supported advocacy organization working across California to advance housing at all income levels and we see this as really about follow through.

2327
03:07:30,000 --> 03:07:43,000
These sites were identified by the city as appropriate places for housing and so by allowing qualifying projects on these sites to move forward by right the city is honoring commitments that made.

2328
03:07:43,000 --> 03:07:48,000
And it's housing element and bringing local rules into alignment with state law.

2329
03:07:48,000 --> 03:07:50,000
We see this as a balanced approach.

2330
03:07:50,000 --> 03:08:03,000
It prevents housing especially more affordable middle housing to from getting stuck in layers of process that cost and uncertainty and delays without improving outcomes.

2331
03:08:03,000 --> 03:08:10,000
And I think importantly for builders and communities like predictability is incredibly important.

2332
03:08:10,000 --> 03:08:22,000
When housing can move forward more efficiently we get home sooner and lower overall costs and a better chance that projects serve lower income households actually pencil out.

2333
03:08:22,000 --> 03:08:31,000
It benefits not just future residents but the broader community like local businesses, schools and neighborhoods that depend on people being able to live nearby.

2334
03:08:31,000 --> 03:08:37,000
It's a practical people focused set forward towards a more functional housing system.

2335
03:08:37,000 --> 03:08:44,000
And so yeah the housing action coalition strongly supports this ordinance and encourages it to move forward.

2336
03:08:44,000 --> 03:08:49,000
So thank you for your time and continued leadership on housing.

2337
03:08:49,000 --> 03:08:52,000
Thank you.

2338
03:08:52,000 --> 03:08:55,000
Okay that's that's it.

2339
03:08:55,000 --> 03:09:02,000
Okay very good I will go back to actually I'm going to see if anyone has a if there's a motion to close public hearing.

2340
03:09:02,000 --> 03:09:04,000
So moved.

2341
03:09:04,000 --> 03:09:07,000
Can we take the role in that please clerk.

2342
03:09:07,000 --> 03:09:10,000
Okay the close public hearing customer because they're wanting.

2343
03:09:10,000 --> 03:09:11,000
Yes.

2344
03:09:11,000 --> 03:09:12,000
Yes.

2345
03:09:12,000 --> 03:09:13,000
Yes.

2346
03:09:13,000 --> 03:09:14,000
Very good.

2347
03:09:14,000 --> 03:09:15,000
Hi.

2348
03:09:15,000 --> 03:09:16,000
Okay.

2349
03:09:16,000 --> 03:09:17,000
Yes.

2350
03:09:17,000 --> 03:09:18,000
Glad to be.

2351
03:09:18,000 --> 03:09:19,000
Yes.

2352
03:09:19,000 --> 03:09:20,000
I'm going to parah.

2353
03:09:20,000 --> 03:09:21,000
Yes.

2354
03:09:21,000 --> 03:09:22,000
And may or easy.

2355
03:09:22,000 --> 03:09:23,000
Yes.

2356
03:09:23,000 --> 03:09:24,000
Okay.

2357
03:09:24,000 --> 03:09:27,000
Going to council comments starting with council member Kesarwani.

2358
03:09:27,000 --> 03:09:29,000
Thank you very much Madam Mayor.

2359
03:09:29,000 --> 03:09:32,000
I hope we can wrap this up relatively quickly.

2360
03:09:32,000 --> 03:09:37,000
I want to thank our planning director and Mr. Horner for your very brief presentation.

2361
03:09:37,000 --> 03:09:46,000
And so I just want to recap the the planning department recommended that the planning commission.

2362
03:09:46,000 --> 03:09:53,000
Eliminate the design review requirement for middle housing projects in the mixed use residential zone.

2363
03:09:53,000 --> 03:10:02,000
To better align with the council direction in the middle housing ordinance, which we you know we passed unanimously back in.

2364
03:10:02,000 --> 03:10:05,000
I think it was June July.

2365
03:10:06,000 --> 03:10:15,000
So so and what we said in the middle housing ordinance remember is we want to treat all residential zones except for the hillside overlay zone equally.

2366
03:10:15,000 --> 03:10:21,000
They are going to get the same density per acre dwelling units per acre.

2367
03:10:21,000 --> 03:10:28,000
They are all going to have the opportunity to go through a buy right streamlined approval process.

2368
03:10:28,000 --> 03:10:32,000
So I I have great respect for our planning commission.

2369
03:10:32,000 --> 03:10:45,000
I it is my view that their recommendation to have the small slice of middle housing projects that are five or more units in the mixed use residential zone.

2370
03:10:45,000 --> 03:10:50,000
To have a requirement to have one non binding design review meeting.

2371
03:10:50,000 --> 03:10:55,000
I think that is going in the wrong direction.

2372
03:10:55,000 --> 03:11:01,000
And the reason why is all other middle housing projects are going to be able to go straight to that permit counter.

2373
03:11:01,000 --> 03:11:11,000
With their plans and they don't have to go to design review and I think we heard in public comment that there's no delay there is a delay the design review.

2374
03:11:12,000 --> 03:11:21,000
I think we need to do that and I'm also thinking about the potentially new developers.

2375
03:11:21,000 --> 03:11:27,000
People with color people who are new who are trying to get into this development industry I think we should be lowering barriers and making it easier.

2376
03:11:27,000 --> 03:11:30,580
barriers and making it easier to enter this market.

2377
03:11:30,580 --> 03:11:34,180
And so I have a brief amendment that just reverts back

2378
03:11:34,180 --> 03:11:36,860
to what the staff proposed that we're not going

2379
03:11:36,860 --> 03:11:40,700
to require a design review for middle housing projects

2380
03:11:40,700 --> 03:11:44,060
of five units or more in the mixed use residential zone.

2381
03:11:44,060 --> 03:11:46,140
On the housing element opportunity sites,

2382
03:11:46,140 --> 03:11:50,100
it's interesting that staff was there also

2383
03:11:50,100 --> 03:11:54,660
saying no design review when I looked at it today.

2384
03:11:54,660 --> 03:11:58,320
So other sites in commercial zones do go to design review.

2385
03:11:58,320 --> 03:12:00,400
It's typically one non-binding meeting.

2386
03:12:00,400 --> 03:12:02,840
I don't see anything wrong with that.

2387
03:12:02,840 --> 03:12:04,560
What I'm trying to do with these amendments is like,

2388
03:12:04,560 --> 03:12:08,080
let's just treat like projects the same.

2389
03:12:08,080 --> 03:12:10,440
So all middle housing projects in the city of Berkeley

2390
03:12:10,440 --> 03:12:12,920
will be treated the same, no design review.

2391
03:12:12,920 --> 03:12:15,520
All of these sites in commercial zones will

2392
03:12:15,520 --> 03:12:17,160
be treated essentially the same.

2393
03:12:17,160 --> 03:12:18,440
They will go to design review.

2394
03:12:18,440 --> 03:12:20,280
Those are going to be bigger projects.

2395
03:12:20,280 --> 03:12:24,460
They may have greater benefit from the design

2396
03:12:24,460 --> 03:12:26,020
review experience.

2397
03:12:26,020 --> 03:12:29,620
So with that, I'm going to share screen on Zoom

2398
03:12:29,620 --> 03:12:32,380
and introduce someone else's sharing.

2399
03:12:39,740 --> 03:12:41,700
Let's see.

2400
03:12:41,700 --> 03:12:42,060
Share.

2401
03:12:42,060 --> 03:12:44,340
OK.

2402
03:12:44,340 --> 03:12:45,100
Share.

2403
03:12:45,100 --> 03:12:47,900
Let's see if I can get the amendments up.

2404
03:12:47,900 --> 03:12:54,980
Those are visible.

2405
03:12:54,980 --> 03:12:55,340
OK.

2406
03:12:55,340 --> 03:13:01,660
So the first amendment here is in this B1A.

2407
03:13:01,660 --> 03:13:04,340
We are just saying except for residential uses

2408
03:13:04,340 --> 03:13:07,140
in the MUR zoning district.

2409
03:13:07,140 --> 03:13:10,140
Oh, oh, even bigger apologies.

2410
03:13:10,140 --> 03:13:11,300
This big as I can go.

2411
03:13:14,940 --> 03:13:16,140
Still have it be visible.

2412
03:13:16,140 --> 03:13:17,140
OK.

2413
03:13:17,140 --> 03:13:17,660
OK.

2414
03:13:17,660 --> 03:13:18,900
So that's the first edit.

2415
03:13:18,900 --> 03:13:22,900
And then these edits below these are the amendments

2416
03:13:22,900 --> 03:13:25,500
that came out of planning commission.

2417
03:13:25,500 --> 03:13:27,060
So what we're doing is we're leading

2418
03:13:27,060 --> 03:13:29,100
the housing element opportunity site portion,

2419
03:13:29,100 --> 03:13:32,660
but we're just striking the piece about MUR

2420
03:13:32,660 --> 03:13:35,180
and for projects, including five or more units.

2421
03:13:35,180 --> 03:13:38,780
This again is just to treat all middle housing projects

2422
03:13:38,780 --> 03:13:43,060
of any unit number in any zone, the same.

2423
03:13:43,060 --> 03:13:44,460
And you know, on a personal note,

2424
03:13:44,460 --> 03:13:46,900
as somebody who represents this mixed use residential zone

2425
03:13:46,900 --> 03:13:50,780
on a far west side of the city, formerly red lined area,

2426
03:13:50,780 --> 03:13:52,300
it just rubbed me the wrong way

2427
03:13:52,300 --> 03:13:56,340
that we would treat this part of town for projects

2428
03:13:56,340 --> 03:13:59,020
that are trying to do a lot of density, five or more.

2429
03:13:59,020 --> 03:14:01,020
They're going to put them through the ringer.

2430
03:14:01,020 --> 03:14:02,700
I don't think we should be doing that.

2431
03:14:02,700 --> 03:14:04,300
So these are the amendments.

2432
03:14:04,300 --> 03:14:07,660
So I'd like to pass a motion to make a motion

2433
03:14:07,660 --> 03:14:10,660
to pass this ordinance with the amendments

2434
03:14:10,660 --> 03:14:12,460
shown on the screen.

2435
03:14:12,460 --> 03:14:13,500
That's a good.

2436
03:14:13,500 --> 03:14:15,780
Thank you.

2437
03:14:15,780 --> 03:14:16,620
Thank you.

2438
03:14:16,620 --> 03:14:17,980
Any other council comments?

2439
03:14:17,980 --> 03:14:18,820
Oh.

2440
03:14:18,820 --> 03:14:19,340
Yes.

2441
03:14:19,340 --> 03:14:21,460
Councilmember Tracab.

2442
03:14:21,460 --> 03:14:22,780
Thank you so much.

2443
03:14:25,220 --> 03:14:28,460
I just wanted to conform with Councilmember Kessavani.

2444
03:14:28,460 --> 03:14:35,700
And I appreciate your suggestions to clarify this

2445
03:14:35,700 --> 03:14:41,060
with only exempt MUR.

2446
03:14:41,060 --> 03:14:51,060
A little housing type proposal, but it would not alter

2447
03:14:51,060 --> 03:14:58,660
anything under, like the proposed, let me see if I can pull it up.

2448
03:15:00,000 --> 03:15:12,000
And so I'm specifically looking at, for example, the 14 sites on their program 323 of which are in my district.

2449
03:15:12,000 --> 03:15:28,000
So, yes, we're going to go with the Planning Commission recommendation for that, which is those housing element opportunity sites, including the three in your district, they will have the non-viting design review meeting and opportunity to improve the design of the project.

2450
03:15:28,000 --> 03:15:40,000
With this middle housing in the mixed use residential zone, the way I think about it is we're just treating those projects the same as the projects in the are zone.

2451
03:15:40,000 --> 03:15:53,000
So, where I live in R2, there is no designer view requirement. If I want to transform my parcel into a 5 plus unit middle housing, middle income development.

2452
03:15:53,000 --> 03:16:01,000
So, we're just saying if you go far west to mix use residential unit, you'd have the same treatment with this amendment.

2453
03:16:01,000 --> 03:16:05,000
Thank you. You're welcome.

2454
03:16:05,000 --> 03:16:08,000
Okay, thank you, council member O'Keefe.

2455
03:16:08,000 --> 03:16:18,000
Yeah, I just want to say I'm supporting, I'll support council member because I want these motion and I just, I really need to say.

2456
03:16:18,000 --> 03:16:25,000
I think what's my hottest take has always been that designer view is a waste of time, and I think we should get rid of it as much as possible.

2457
03:16:25,000 --> 03:16:31,000
Architecture is an art form, and I don't think art benefits from a committee.

2458
03:16:31,000 --> 03:16:35,000
So, that's my hot take. So, yes, I like this more of this, please.

2459
03:16:35,000 --> 03:16:38,000
Thank you, vice-marlin O'Pire.

2460
03:16:38,000 --> 03:16:42,000
I support the motion as well.

2461
03:16:42,000 --> 03:16:45,000
Okay, any other comments?

2462
03:16:46,000 --> 03:16:49,000
Yes, sorry, I forgot we were in comments.

2463
03:16:49,000 --> 03:16:59,000
But I, I will support this item, although, and this is where my colleague and I have maybe a slide.

2464
03:16:59,000 --> 03:17:05,000
I'll be respectful, disagreement having served on the design of a view committee.

2465
03:17:05,000 --> 03:17:12,000
I think committee members do good work, and I know that was not actually your comment.

2466
03:17:13,000 --> 03:17:16,000
I think the committee is very efficient.

2467
03:17:16,000 --> 03:17:18,000
I think it reviews project.

2468
03:17:18,000 --> 03:17:23,000
Most design review projects don't come back for a second design review meeting.

2469
03:17:23,000 --> 03:17:37,000
That said, it does make sense from a consistency and equity standpoint to make the further alteration to this proposal suggested by council member Kesarani.

2470
03:17:37,000 --> 03:17:40,000
So, I'll be supporting the motion.

2471
03:17:40,000 --> 03:17:42,000
All right, thank you very much.

2472
03:17:42,000 --> 03:17:46,000
And then we have a motion on the floor.

2473
03:17:46,000 --> 03:17:48,000
Do we have a motion on the floor?

2474
03:17:48,000 --> 03:17:50,000
Yes, we do. Sorry, I can't remember the second.

2475
03:17:50,000 --> 03:17:51,000
All right.

2476
03:17:51,000 --> 03:17:53,000
I am also going to be supporting the motion.

2477
03:17:53,000 --> 03:17:55,000
So, if we can take the roll please, clerk.

2478
03:17:55,000 --> 03:18:00,000
Okay. On the motion by council member Kesarani.

2479
03:18:00,000 --> 03:18:02,000
Council member Kesarani.

2480
03:18:02,000 --> 03:18:03,000
Yes.

2481
03:18:03,000 --> 03:18:04,000
Yes.

2482
03:18:04,000 --> 03:18:05,000
Happen.

2483
03:18:05,000 --> 03:18:06,000
Yes.

2484
03:18:06,000 --> 03:18:07,000
Bartlett.

2485
03:18:07,000 --> 03:18:08,000
Yes.

2486
03:18:08,000 --> 03:18:09,000
Craig.

2487
03:18:09,000 --> 03:18:10,000
Hi.

2488
03:18:10,000 --> 03:18:11,000
Okay.

2489
03:18:11,000 --> 03:18:12,000
Yes.

2490
03:18:12,000 --> 03:18:13,000
Boonapara.

2491
03:18:13,000 --> 03:18:14,000
Yes.

2492
03:18:14,000 --> 03:18:15,000
And Mary.

2493
03:18:15,000 --> 03:18:16,000
Yes.

2494
03:18:16,000 --> 03:18:17,000
Okay, motion here.

2495
03:18:17,000 --> 03:18:18,000
Thank you very much.

2496
03:18:18,000 --> 03:18:20,000
Thank you very much, staff.

2497
03:18:20,000 --> 03:18:22,000
Thanks for being here.

2498
03:18:22,000 --> 03:18:25,000
To the late hour of 9.56 pm.

2499
03:18:25,000 --> 03:18:28,000
Kesarani, we email that.

2500
03:18:28,000 --> 03:18:31,000
Thank you.

2501
03:18:31,000 --> 03:18:32,000
Okay.

2502
03:18:32,000 --> 03:18:38,000
So, now, public comment on items not listed on the agenda.

2503
03:18:38,000 --> 03:18:39,000
Thank you.

2504
03:18:39,000 --> 03:18:43,000
First, I want to say those thrown bathrooms.

2505
03:18:43,000 --> 03:18:45,000
They just open up.

2506
03:18:45,000 --> 03:18:48,000
They just open up after 10 minutes.

2507
03:18:48,000 --> 03:18:52,000
So, ready or not, you're exposed.

2508
03:18:52,000 --> 03:18:58,000
And last night, we were saying Pablo, I have no one.

2509
03:18:58,000 --> 03:19:03,000
And I noticed the older man in a wheelchair outside the Everton Jones.

2510
03:19:03,000 --> 03:19:07,000
This is about 9 o'clock at night.

2511
03:19:07,000 --> 03:19:08,000
He didn't.

2512
03:19:08,000 --> 03:19:12,000
He wasn't properly clothed for the weather.

2513
03:19:12,000 --> 03:19:18,000
I could share my scarf and I had an a jacket with him.

2514
03:19:18,000 --> 03:19:22,000
But he was clearly cognitively impaired.

2515
03:19:22,000 --> 03:19:24,000
I salated out there by himself.

2516
03:19:24,000 --> 03:19:26,000
So, I engaged with him.

2517
03:19:26,000 --> 03:19:28,000
He didn't know how he got there.

2518
03:19:28,000 --> 03:19:31,000
He didn't even know he was in Berkeley.

2519
03:19:31,000 --> 03:19:37,000
And after it took almost, I was with him for almost an hour.

2520
03:19:37,000 --> 03:19:40,000
Probably over an hour after 10 o'clock.

2521
03:19:40,000 --> 03:19:43,000
And, you know, the was no mobile crisis.

2522
03:19:43,000 --> 03:19:46,000
But I have to say the officer that responded.

2523
03:19:46,000 --> 03:19:51,000
The Berkeley Police Department was officer Edwin Jakala.

2524
03:19:51,000 --> 03:19:54,000
And he was incredibly empathetic.

2525
03:19:54,000 --> 03:19:57,000
The way he communicated with the man.

2526
03:19:57,000 --> 03:20:00,000
It was just, it was very, very sensitive to him.

2527
03:20:00,000 --> 03:20:04,000
Very kind, making him comfortable.

2528
03:20:04,000 --> 03:20:11,000
And it was just really good to see an officer that was trained and skilled in this way.

2529
03:20:11,000 --> 03:20:13,000
That was aware.

2530
03:20:13,000 --> 03:20:17,000
And he once taken away in an ambulance.

2531
03:20:17,000 --> 03:20:21,000
But to see that situation that it could have gotten so much worse.

2532
03:20:21,000 --> 03:20:24,000
Because the man, I was only out to his wheelchair he kept trying to wheel away.

2533
03:20:24,000 --> 03:20:31,000
Because his convinced he was going to make himself warmer if he wheeled miles away.

2534
03:20:31,000 --> 03:20:38,000
But it was that officer really deserves to be thanked for that.

2535
03:20:38,000 --> 03:20:41,000
Officer Edwin Jakala.

2536
03:20:41,000 --> 03:20:42,000
Thank you.

2537
03:20:42,000 --> 03:20:43,000
We can.

2538
03:20:43,000 --> 03:20:44,000
We can.

2539
03:20:44,000 --> 03:20:45,000
ACA.

2540
03:20:45,000 --> 03:20:46,000
Thank you.

2541
03:20:46,000 --> 03:20:47,000
Thanks.

2542
03:20:47,000 --> 03:20:49,000
We can have our city manager pass it on to,

2543
03:20:49,000 --> 03:20:50,000
thank you.

2544
03:20:50,000 --> 03:20:51,000
Thank you.

2545
03:20:51,000 --> 03:20:52,000
Thank you.

2546
03:20:52,000 --> 03:20:53,000
Other.

2547
03:20:53,000 --> 03:20:54,000
Public comment.

2548
03:20:54,000 --> 03:20:55,000
I'm not.

2549
03:20:55,000 --> 03:20:57,000
I'm still in the agenda.

2550
03:20:57,000 --> 03:20:58,000
Anyone online?

2551
03:20:58,000 --> 03:20:59,000
Yeah.

2552
03:20:59,000 --> 03:21:01,000
We have four hands online.

2553
03:21:01,000 --> 03:21:03,000
First is a caller note.

2554
03:21:03,000 --> 03:21:05,000
Phone number ending in 211.

2555
03:21:11,000 --> 03:21:12,000
Well, we talked to you.

2556
03:21:12,000 --> 03:21:13,000
We talked to you tonight.

2557
03:21:13,000 --> 03:21:15,000
I just talked to remind you.

2558
03:21:15,000 --> 03:21:17,000
Our great company contributed more.

2559
03:21:17,000 --> 03:21:21,000
Over 1.2 million dollars to the city of Berkeley Finance.

2560
03:21:21,000 --> 03:21:23,000
In business license, what business license?

2561
03:21:23,000 --> 03:21:24,000
What business license?

2562
03:21:24,000 --> 03:21:26,000
To be 60, 70,000 dollars a year.

2563
03:21:26,000 --> 03:21:30,000
As well as self-stacks, which is a city to get 1%.

2564
03:21:30,000 --> 03:21:32,000
So let's go forward.

2565
03:21:32,000 --> 03:21:34,000
We're not only losing.

2566
03:21:34,000 --> 03:21:35,000
Why in business?

2567
03:21:35,000 --> 03:21:37,000
But our customer losing.

2568
03:21:37,000 --> 03:21:39,000
And many of them are crashing you.

2569
03:21:39,000 --> 03:21:41,000
Or the fact that he did nothing.

2570
03:21:41,000 --> 03:21:43,000
When he had seven places vacant.

2571
03:21:44,000 --> 03:21:46,000
And eventually he rented for one buck.

2572
03:21:46,000 --> 03:21:48,000
When we talked to this woman.

2573
03:21:48,000 --> 03:21:50,000
We thought we'll pay anything she wants.

2574
03:21:50,000 --> 03:21:52,000
We'll never give in chance.

2575
03:21:52,000 --> 03:21:54,000
This fix, but was done wrong.

2576
03:21:54,000 --> 03:21:56,000
And go forward.

2577
03:21:56,000 --> 03:21:59,000
Again, we are dealing with horrible time.

2578
03:21:59,000 --> 03:22:00,000
With this morning.

2579
03:22:00,000 --> 03:22:01,000
Turned the White House.

2580
03:22:01,000 --> 03:22:03,000
We need all of our strengths.

2581
03:22:03,000 --> 03:22:05,000
Build the city of Berkeley as it was before.

2582
03:22:05,000 --> 03:22:07,000
Have a good night.

2583
03:22:07,000 --> 03:22:09,000
Thank you.

2584
03:22:09,000 --> 03:22:10,000
Thank you.

2585
03:22:10,000 --> 03:22:12,000
And we have Alfred Toul.

2586
03:22:12,000 --> 03:22:13,000
Hi, everyone.

2587
03:22:13,000 --> 03:22:22,000
I want to invite everyone to the Friday kick-offs of Connects Bay Area.

2588
03:22:22,000 --> 03:22:27,000
The ballot measure initiative to respond and save transit in the Bay Area.

2589
03:22:27,000 --> 03:22:31,000
I want to give a big thanks to everyone who's already endorsed the measure.

2590
03:22:31,000 --> 03:22:33,000
Encourage everyone else to you as well.

2591
03:22:33,000 --> 03:22:36,000
At Connects Bay Area.org.

2592
03:22:36,000 --> 03:22:41,000
And there will be a kick-offs at 10 o'clock on Friday at the Envacadero Plaza.

2593
03:22:41,000 --> 03:22:46,000
Another one at 1215 at the Alameda County Administration Building in Oakland.

2594
03:22:46,000 --> 03:22:47,000
Hope to see you there.

2595
03:22:47,000 --> 03:22:48,000
Thank you.

2596
03:22:48,000 --> 03:22:49,000
Thank you.

2597
03:22:49,000 --> 03:22:50,000
Thank you, Alfred.

2598
03:22:50,000 --> 03:22:54,000
And then we have Daniel Brownson.

2599
03:22:54,000 --> 03:22:57,000
Hello.

2600
03:22:57,000 --> 03:23:02,000
So recently Santa Cruz became.

2601
03:23:02,000 --> 03:23:07,000
I believe the first city to terminate their contract with Block Safety.

2602
03:23:07,000 --> 03:23:10,000
Berkeley should have followed suit.

2603
03:23:10,000 --> 03:23:20,000
We know that the owners of this company, the people who run it are deep in with ties to the Trump Administration.

2604
03:23:20,000 --> 03:23:30,000
We know that despite prohibitions on them doing so before they have shared information with ice.

2605
03:23:30,000 --> 03:23:34,000
We know that ice is coming to the Bay Area.

2606
03:23:34,000 --> 03:23:37,000
Manyapolis will not be the end.

2607
03:23:37,000 --> 03:23:46,000
These cameras as long as they are up are weapons pointed at the very heart of our community.

2608
03:23:46,000 --> 03:23:49,000
It's time to take them down.

2609
03:23:49,000 --> 03:23:52,000
People will say, oh, what about public safety?

2610
03:23:52,000 --> 03:24:06,000
But at the current moment, there's no greater threat to the public safety of our community than the rising fascism that is now very much here as we can see in Minneapolis.

2611
03:24:07,000 --> 03:24:17,000
And those cameras will be used to track those who try to stand up against the fascist incursion when it comes to Berkeley.

2612
03:24:17,000 --> 03:24:19,000
Which it will?

2613
03:24:19,000 --> 03:24:20,000
Thank you.

2614
03:24:20,000 --> 03:24:22,000
Thank you, Daniel.

2615
03:24:22,000 --> 03:24:31,000
We have Janice Ching.

2616
03:24:31,000 --> 03:24:33,000
Thank you for taking my comment.

2617
03:24:33,000 --> 03:24:38,000
I just have to say on that last item that you discussed.

2618
03:24:38,000 --> 03:24:43,000
I don't understand why council members can propose supplemental.

2619
03:24:43,000 --> 03:24:53,000
After the public comment is closed, I appreciate Mayor Ishi that you offered the council member to present the supplemental.

2620
03:24:53,000 --> 03:24:56,000
But, you know, maybe I missed it.

2621
03:24:56,000 --> 03:24:57,000
I read the packet.

2622
03:24:57,000 --> 03:24:59,000
I listened to the staff report.

2623
03:24:59,000 --> 03:25:05,000
I understood the item and then a supplemental is brought forward.

2624
03:25:05,000 --> 03:25:11,000
And I was in table then to comment about the new proposal and it passes.

2625
03:25:11,000 --> 03:25:12,000
Yeah, Janice.

2626
03:25:12,000 --> 03:25:19,000
I'm sorry, but this is actually public comment for items not list on the agenda since the item that you're referring to was on the agenda already.

2627
03:25:19,000 --> 03:25:21,000
I understand you're your comment.

2628
03:25:21,000 --> 03:25:26,000
I'm not commenting on the item and commenting on the process.

2629
03:25:26,000 --> 03:25:37,000
The council members are allowed to bring supplemental that completely changed the staff recommendation after public comment is made and closed.

2630
03:25:37,000 --> 03:25:42,000
So I just want to voice my opposition to that.

2631
03:25:42,000 --> 03:25:54,000
If it's, you know, if we're if we're at the meeting to comment on an item, we should hear all of what is going to be proposed, especially when it's already faded that there is a supplemental.

2632
03:25:54,000 --> 03:25:59,000
It would have been good to hear it.

2633
03:25:59,000 --> 03:26:02,000
Thank you for your comment.

2634
03:26:02,000 --> 03:26:13,000
I appreciate, I appreciate where you're saying I do just want to say that, you know, that there can be changes that are made on the diets that are completely different from what are in the agenda packet just generally.

2635
03:26:13,000 --> 03:26:22,000
And I understand that can be frustrating and the purpose of, you know, closing the public hearing is,

2636
03:26:22,000 --> 03:26:26,000
and is really so that we can actually take a vote on what we're talking about.

2637
03:26:26,000 --> 03:26:30,000
So I understand it's it's frustrating and appreciate your comment.

2638
03:26:30,000 --> 03:26:32,000
Are there other comments online?

2639
03:26:32,000 --> 03:26:35,000
Yes, two more, Kelly Hammergren.

2640
03:26:40,000 --> 03:26:50,000
I know surveillance is coming up at next meeting and it's very concerning.

2641
03:26:50,000 --> 03:26:58,000
My family is in the greater Twin Cities area, Minneapolis Saint Paul, Minnesota.

2642
03:26:58,000 --> 03:27:08,000
And whatever you've seen on television or may have heard or have seen on videos, it's worse.

2643
03:27:08,000 --> 03:27:12,000
It's worse than that for the people that are there.

2644
03:27:12,000 --> 03:27:16,000
It is terrifying.

2645
03:27:16,000 --> 03:27:18,000
It's terrible.

2646
03:27:19,000 --> 03:27:22,000
People are being sheltered.

2647
03:27:26,000 --> 03:27:29,000
It's just really awful.

2648
03:27:29,000 --> 03:27:33,000
And at some point they'll probably be here.

2649
03:27:33,000 --> 03:27:38,000
And I think you all need to be thinking about the future.

2650
03:27:38,000 --> 03:27:45,000
We're no longer living in the same kind of world, the same kind of democracy that we thought we had.

2651
03:27:45,000 --> 03:27:50,000
Even though democracy wasn't the same for everyone.

2652
03:27:50,000 --> 03:27:55,000
But this is this is very very bad.

2653
03:27:55,000 --> 03:28:00,000
So I'll leave you with that thought for the night.

2654
03:28:00,000 --> 03:28:01,000
Thank you.

2655
03:28:01,000 --> 03:28:04,000
Thank you, Kelly.

2656
03:28:04,000 --> 03:28:09,000
Jeff Lomax.

2657
03:28:09,000 --> 03:28:14,000
Yeah, Kelly's always a tough act to follow and that was a great comment.

2658
03:28:14,000 --> 03:28:15,000
Thanks for that.

2659
03:28:15,000 --> 03:28:17,000
But I do want to return to the previous comment.

2660
03:28:17,000 --> 03:28:22,000
I'm actually supported member Keshewani's amendment.

2661
03:28:22,000 --> 03:28:26,000
But I do agree that you're basically icing out.

2662
03:28:26,000 --> 03:28:32,000
You can substantially change an item and then you're icing the public out of any participation in that change.

2663
03:28:32,000 --> 03:28:35,000
And you all have the discretion to reinvite.

2664
03:28:35,000 --> 03:28:37,000
So nothing else to change.

2665
03:28:37,000 --> 03:28:40,000
But I think once you make a substantial change to.

2666
03:28:40,000 --> 03:28:47,000
And item you should give the public who are spending their time in their intellect to be part of this process.

2667
03:28:47,000 --> 03:28:50,000
The opportunity to respond once that change is made.

2668
03:28:50,000 --> 03:28:54,000
So I just want to concur with the prior comment.

2669
03:28:54,000 --> 03:28:55,000
And again, thank Kelly.

2670
03:28:55,000 --> 03:28:56,000
I agree completely.

2671
03:28:56,000 --> 03:28:57,000
Have a good evening.

2672
03:28:57,000 --> 03:28:58,000
Thank you.

2673
03:28:58,000 --> 03:28:59,000
Thank you.

2674
03:28:59,000 --> 03:29:01,000
Thank you very much, everyone.

2675
03:29:01,000 --> 03:29:02,000
Okay.

2676
03:29:02,000 --> 03:29:09,000
With that, I will see if there's a will entertain a motion to adjourn.

2677
03:29:10,000 --> 03:29:11,000
Second.

2678
03:29:11,000 --> 03:29:13,000
Could you take your roll please, Clark?

2679
03:29:13,000 --> 03:29:16,000
To adjourn.

2680
03:29:16,000 --> 03:29:17,000
Council member Keshewani.

2681
03:29:17,000 --> 03:29:18,000
Yes.

2682
03:29:18,000 --> 03:29:19,000
Tablin.

2683
03:29:19,000 --> 03:29:20,000
Yes.

2684
03:29:20,000 --> 03:29:21,000
Fortlit.

2685
03:29:21,000 --> 03:29:22,000
Yes.

2686
03:29:22,000 --> 03:29:23,000
Trado.

2687
03:29:23,000 --> 03:29:25,000
I.

2688
03:29:25,000 --> 03:29:26,000
Yes.

2689
03:29:26,000 --> 03:29:27,000
Comber.

2690
03:29:27,000 --> 03:29:28,000
Yes.