Berkeley City Council
November 29, 2022

R337.12.6 Special Conditions. The following additional conditions must be met:

1. Public access roads and fire trails. No person(s) shall use any public access road or fire trail for the storage of any construction material, stationary construction equipment, construction office, portable refuse container, or earth from any grading or excavating.

2. Water Service. The water service to the site shall be installed with a ¾” hose bib connection prior to beginning any wood framing. The person r esponsible for the construction shall have at the site a 75 ft ¾” hose available.

Exhibit A
Parcels in Addition to the Combined Hillside District

The following additional parcels by Assessor’s Parcel Number and address are included in Fire Zone Two:

Parcel Number (APN) Address
048-7680-001-02 3 Tanglewood Road
048-7680-002-01 5 Tanglewood Road
048-7680-031-00 7 Tanglewood Road
048-7680-019-00 11 Tanglewood Road
048-7680-014-00 19 Tanglewood Road
048-7680-032-01 25 Tanglewood Road
048-7680-027-00 29 Tanglewood Road
054-1702-067-00 10 Tanglewood Road
054-1702-068-00 18 Tanglewood Road
054-1702-069-00 22 Tanglewood Road
054-1702-070-00 28 Tanglewood Road
054-1702-063-00 2701 Belrose Avenue
054-1702-076-00 2715 Belrose Avenue
054-1702-075-00 2721 Belrose Avenue
054-1702-074-00 2729 Belrose Avenue
054-1702-073-00 2737 Belrose Avenue
054-1702-112-00 2801 Claremont Boulevard
054-1702-123-01 2811 Claremont Boulevard
054-1702-122-00 2815 Claremont Boulevard
054-1702-120-01 2821 Claremont Boulevard
054-1702-114-01 2816 Claremont Avenue
054-1702-115-00 2820 Claremont Avenue
054-1702-072-00 3005 Garber Street
054-1702-071-00 3015 Garber Street
054-1702-113-00 3020 Garber Street
054-1702-116-00 3017 Avalon Avenue

19.29.060 Technical Amendments to Structural Standards

Chapter 6 of the 2022 California Residential Code is adopted in its entirety subject to the modifications thereto which are set forth below.

Table R602.10.3(3) BRACING REQUIREMENTS BASED ON SEISMIC DESIGN CATEGORYi, j

Add new footnotes “i” and “j” to the end of Table R602.10.3(3) to read:
i. Methods GB, PBS, HPS and SFB are not permitted in Seismic Design Categories D0, D1, and D2.
j. Method DWB are not permitted in Seismic Design Categories D 0, D 1, and D 2 where S1 is greater than or equal to 0.75.

Add a new Subsection R602.10.4.5, to read:

R602.10.4.5 Limits on methods GB and PCP . In Seismic Design Categories D 0, D 1, and D2, Method GB is not permitted, but gypsum board is permitted to be placed on the opposite side of t he studs from other types of braced wall panel sheathing. In Seismic Design Categories D0, D1, and D2, the use of Method PCP is limited to one-story dwellings and accessory structures.

Section 3. That Berkeley Municipal Code Chapter 19.30 is hereby repealed and reenacted to read as follows:

Chapter 19.30

BERKELEY ELECTRICAL CODE
Sections:

19.30.010 Adoption of California Electrical Code.

19.30.020 Title.

19.30.030 Administrative provisions.

19.30.010 Adoption of California Electrical Code.

The California Electrical Code, 2022 Edition, as adopted by the California Code of Regulations, Title 24, Part 3 is hereby adopted and made a part of this Chapter as though fully set forth herein subject to the modifications thereto which are set forth in this Chapter.

A copy of this Code is on file for use and examination by the public in the office of the City Clerk of the City of Berkeley.

19.30.020 Title.

This Code shall be known as the "Berkeley Electrical Code" and may be cited as "this Code".

19.30.030 Administrative provisions.

All of the administrative provisions contained in Article 1 of Chapter 19.28, the Berkeley Building Code, shall apply to this Code as well and take precedence over any administrative provisions contained in Article 89 Genera l Code Provisions that may conflict.

Section 4. That Berkeley Municipal Code Chapter 19.32 is hereby repealed and reenacted to read as follows:

Chapter 19.32

BERKELEY MECHANICAL CODE
Sections:

19.32.010 Adoption of the California Mechanical Code.

19.32.020 Title.

19.32.030 Administrative provisions.

19.32.040 Amendments to the California Mechanical Code

19.32.010 Adoption of the California Mechanical Code.

The California Mechanical Code, 2022 Edition, as adopted in Title 24 Part 4 of the California Code of Regulations, is hereby adopted and made a part of this Chapter as though fully set forth herein, subject to the modifications thereto which are set forth in this Chapter. A copy of this Code is on file for use and examination by the public in the office of the City Clerk of the City of Berkeley.

19.32.020 Title.

This Code shall be known as the “Berkeley Mechanical Code” and may be cited as "this Code".

19.32.030 Administrative provisions.

All of the administrative provisions contained in Article 1 of Chapter 19.28, the Berkeley Building Code, shall apply to this Code as well and take precedence over any California Mechanical Code administrative provisions that may conflict.

19.32.040 Amendments to the California Mechanical Code
Chapter 4 of the 2022 California Mechanical Code is adopted in its entirety subject to the modifications thereto which are set forth below:

405.4 Kitchen Exhaust. A mechanical exhaust directly to the outdoors shall be provided in each kitchen. The fan shall run intermittently (on demand) or continuously. A readily accessible manual control designed to be operated as needed or an automatic control shall be provided for intermittent operations.

405.4.1 Exhaust Rate. For intermittent-controlled operations, the exhaust rate shall be not less than 100 ft3/min (0.047 m3/s) for range hoods or 300 ft3/min (0.141 m3/s) for mechanical exhaust fans including downdraft appliances. and shall be rated for sound at a maximum of 3 sone at greater than or equal to 100 cfm. For continuous operated ventilation, the exhaust rate shall be not less than 5 air changes per hour based on kitchen volume for enclosed kitchens and shall be rated for sound at a maximum of 1.0 sone.

Exception: A vented range hood shall not be required in dwelling unit kitchens equipped with a local mechanical exhaust system installed in accordance with ASHRAE

62.2. Section 5. That Berkeley Municipal Code Chapter 19.34 is hereby repealed and reenacted to read as follows:

Chapter 19.34

BERKELEY PLUMBING CODE
Sections:

19.34.010 Adoption of the California Plumbing Code.

19.34.020 Title.

19.34.030 Administrative provisions.

19.34.040 Gas Shut-Off Valves

19.34.010 Adoption of the California Plumbing Code.

The California Plumbing Code, 2022 Edition, as adopted in Title 24 Part 5 of the California Code of Regulations, including Appendices A, B and D, is hereby adopted and made a part of this Chapter as though fully set forth herein, subject to the modifications thereto which are set forth in this Chapter. A copy of this Code is on file for use and examination by the public in the office of the City Clerk of the City of Berkeley.

19.34.020 Title.

This Code shall be known as the “Berkeley Plumbing Code” and may be cited as "this Code."

19.34.030 Administrative Provisions.

All of the administrative provisions contained in Article 1 of Chapter 19.28, the Berkeley Building Code, shall apply to this Code as well and take precedence over any California Plumbing Code administrative provisions that may conflict.

19.34.040 Gas Shut-Off Valves

Chapter 12 of the 2022 California Plumbing Code is adopted in its entirety subject to the modifications thereto which are set forth below.

Retitle and amend Section 1209.0 Excess Flow Valves to read:
1209.0 Automatic Gas Shut-Off Valves
1209.1 General. Where automatic excess flow valves are installed, they shall be listed to CSA Z21.93 and shall be sized and installed in accordance with the manufacturer’s instructions. [NFPA 54:5.13]
1209.2 General Requirements for Automatic Gas Shut -Off Valves. Automatic gas shut-off valves shall:

1. Comply with all applicable requirements of the Berkeley Plumbing Code.

2. Be tested and listed by recognized testing agencies such as the Independent Laboratory of the International Approval Services (IAS), Underwriter's Laboratory (UL), International Association of Plumbing and Mechanical Officials (IAPMO) or any other agency approved by the State of California Office of the State Architect (OSA).

3. Be installed on downstream side of the gas utility meter.

4. Be installed in accordance with the manufacturer's instructions.

5. Provide a method for expedient and safe gas shut-off in an emergency.

6. Provide a capability for ease of consumer or owner resetting in a safe manner. 1209.3 Definitions
For the purpose of this Section, terms shall be defined as follows:

AUTOMATIC GAS SHUT- OFF VALVE shall mean either a motion activated gas shut - off valve or device or an excess flow gas shut-off valve or device.

DOWNSTREAM OF GAS UTILITY METER shall mean all gas piping on the property owner’s side of the gas meter and after the service tee.

MOTION ACTIVATED GAS SHUT OFF VALVE shall mean an approved gas valve activated by motion. Valves are set to activate in the event of a moderate or strong seismic event greater than 5.0 on the Richter scale.

UPSTREAM OF GAS UTILITY METER shall mean all gas piping installed by the utility up to and including the meter and the utility’s service tee.

1209.4 Motion Activated Gas Shut-off Valve, Required. A listed motion activated gas shut-off valve shall be installed as follows:
1209.4.1 New Construction. In any newly constructed building or structure containing fuel gas piping.
1209.4.2 Existing Buildings with a single meter. In any existing building or structure containing fuel gas piping served by a single gas meter, when any addition, alteration or repair is made for which a mechanical or plumbing permit is issued. 1209.4.3 Existing Buildings with separate meters serving individual units or tenant spaces. In any existing building or structure containing fuel gas piping served by multiple gas meters, when any addition, alteration or repair is made to an individual unit or tenant space for which a mechanical or plumbing permit is issued . T he requirement for a motion activated gas shut off valve shall apply to the gas meter serving the individual unit or tenant space and the gas meter serving common area(s).

Exceptions:

1. Existing automatic gas shut-off valves installed prior to the effective date of this Section, provided the valves are maintained in operational condition.

2. Automatic gas shut-off valves installed on a gas distribution system owned or operated by a public utility.

Note: For the purpose of th e requirements of this Section , excess flow valves are not permitted to be installed as a substitute for motion activated gas shut-off valves. 1209.5 Mounting. Motion activated seismic gas shut -off valves shall be mounted rigidly to the building or structure containing the fuel gas piping, unless otherwise specifie d in the manufacturer’s installation instructions.

Section 6. That Berkeley Municipal Code Chapter 19.36 is hereby repealed and reenacted to read as follows:

Chapter 19.36

BERKELEY ENERGY CODE
Sections:

19.36.010 Adoption of the California Energy Code.

19.36.020 Title.

19.36.030 Administrative provisions.

19.36.040 Amendments to the California Energy Code.

19.36.050 CEQA

19.36.010 Adoption of the California Energy Code.

The California Energy Code, 2022 Edition, as adopted in Title 24 Part 6 of the California Code of Regulations, is hereby adopted and made a part of this Chapter as though fully set forth herein, subject to the modifications thereto which are set forth in this Chapter. A copy of this Code is on file for use and examination by the publ ic in the office of the City Clerk of the City of Berkeley.

19.36.020 Title.

This Code shall be known as the “Berkeley Energy Code” and may be cited as "this Code”.

19.36.030 Administrative provisions.

All of the administrative provisions contained in Art icle 1 of Chapter 19.28, the Berkeley Building Code, shall apply to this Code as well and take precedence over any California Energy Code administrative provisions that may conflict.

Section 7. That Berkeley Municipal Code Chapter 19.37 is hereby repealed and reenacted to read as follows:

Chapter 19.37

BERKELEY GREEN CODE
Sections:

19.37.010 Adoption of the California Green Building Standards Code.

19.37.020 Title.

19.37.030 Administrative provisions.

19.37.040 Amendments to the California Green Building Standards Code.

The California Green Building Standards Code (CALGreen), 2022 Edition, as adopted in Title 24 Part 11 of the California Code of Regulations, is hereby adopted and made a part of this Chapter as though fully set forth herein, subject to the modifications thereto which are set forth in this Chapter. A copy of this Code is on file for use and examination by the public in the office of the City Clerk of the City of Berkeley.

19.37.020 Title.

This Code shall be known as the “Berkeley Green Code” and may be cited as "this Code".

19.37.030 Administrative provisions.

All of the administrative provisions contained in Article 1 of Chapter 19.28, the Berkeley Building Code, shall apply to this Code as well and take precedence over any California Green Building Standards Code administrative provisions that may conflict.

19.37.040 Amendments to the California Green Building Standards Code.

Chapter 3 Green Building of the California Green Building Standards Code is adopted in its entirety subject to the modifications thereto which are set forth below:

Add a new Subsection 301.1.2 to read:
301.1.2 Residential waste diversion. The requirements of Section 4.408 shall be required for:

1. Any additions or alterations, which increase the building’s conditioned area, volume or size

2. Any building alterations with a permit valuation over $100,000

3. Any interior or exterior demolitions valued over $3,000 Modify Subsection 301.3.2 to read:
301.3.2 Nonresidential waste diversion. The requirements of Section 5.408 shall be required for additions and, alterations and demolitions whenever a permit is required for work.

Chapter 4 Residential Mandatory Measures of the California Green Buildings Code is adopted in its entirety subject to the modifications thereto which are set forth below:

Modify Subsection 4.106.4.1 to read:

4.106.4.1 New one - and two -family dwellings and townhouses with attached or detached private garages, carports, or any other on-site parking. For each dwelling unit, install a listed raceway to accommodate a dedicated 208/240-volt branch circuit. The raceway shall not be less than trade size 1 (nominal 1-inch inside diameter). The raceway shall originate at the main service or subpanel and shall terminate into a listed cabinet, box or other enclosure in close proximity to the proposed location of an EV cha rger.

Raceways are required to be continuous at enclosed, inaccessible or concealed areas and spaces. The service panel and/or subpanel shall provide capacity to install a 40 - ampere 208/240-volt minimum dedicated branch circuit and space(s) reserved to per mit installation of a branch circuit overcurrent protective device minimum 40-ampere 208/240- volt dedicated EV branch circuit in close proximity to the proposed location of an EV charger at the time of original construction in accordance with the Californi a Electrical Code.

Exception: A raceway is not required if a minimum 40 -ampere 208/240-volt dedicated EV branch circuit is installed in close proximity to the proposed location of an EV charger at the time of original construction in accordance with the California Electrical Code.

4.106.4.1.1 Identification. The service panel or subpanel circuit directory shall identify the overcurrent protective device space(s) reserved for future EV charging

as “EV CAPABLEREADY”. The raceway termination location shall be permanently and visibly marked as “EV CAPABLEREADY”.

Modify Subsection 4.106.4.2.1 to read:

4.106.4.2.1 Multifamily development projects with less than 20 dwelling units; and hotels and motels with less than 20 sleeping units or guest rooms. The number of dwelling units, sleeping units or guest rooms shall be based on all buildings on a project site subject to this section.

1. EV Capable. Ten (10) Twenty (20) percent of the total number of parking spaces on a buildi ng site, provided for all types of parking facilities, shall be electric vehicle charging spaces (EV spaces) capable of supporting future Level 2 EVSE. Electrical load calculations shall demonstrate that the electrical panel service capacity and electrical system, including any on-site distribution transformer(s), have sufficient capacity to simultaneously charge all EVs at all required EV spaces at a minimum of 40 amperes.

The service panel or subpanel circuit directory shall identify the overcurrent protective device space(s) reserved for future EV charging purposes as "EV CAPABLE" in accordance with the California Electrical Code.

Exception:

1. When EV chargers (Level 2 EVSE) are installed in a number equal to or greater than the required number of EV capable spaces.

2. When EV chargers (Level 2 EVSE) are installed in a number less than the required number of EV capable spaces, the number of EV capable spaces required may be reduced by a number equal to the number of EV chargers installed.

1. When EV chargers (Level 2 EVSE) are installed in a number greater than five (5) percent of parking spaces required by Section 4.106.4.2.1, Item 3, the number of EV capable spaces required may be reduced by a number equal to the number of EV chargers installed over the fiv e (5) percent required.

Notes:
a. Construction documents are intended to demonstrate the project's capability and capacity for facilitating future EV charging. b. There is no requirement for EV spaces to be constructed or available until receptacles for EV charging or EV chargers are installed for use.

2. EV Ready. Twenty-five (25) percent of the total number of parking spaces shall be equipped with low power Level 2 EV charging receptacles. For multifamily parking facilities, no more than one receptacle is required per dwelling unit when more than one parking space is provided for use by a single dwelling unit.

Exception: Areas of parking facilities served by parking lifts ., provided the required percentage of EV Ready spaces are installed elsewhere.

3. EV Chargers. Five (5) percent of the total number of parking spaces shall be equipped with Level 2 EVSE. Where common use parking is provided, at least one EV charger shall be located in the common use parking area and shall be available for use by all residents or guests.

When low power Level 2 EV charging receptacles or Level 2 EVSE are installed beyond the minimum required, an automatic load management system (ALMS) may be used to reduce the maximum required electrical capacity to each space served by the ALMS. The electrical system and any on- site distribution transformers shall have sufficient capacity to deliver at least

3.3 kW simultaneously to each EV charging station (EVCS) served by the ALMS. The branch circuit shall have a minimum capacity of 40 amperes, and installed EVSE shall have a capacity of not less than 30 amperes. ALMS shall not be used to reduce the minimum required electrical capacity to the required EV capable spaces.

Exception: Areas of parking facilities served by parking lifts, provided the required percentage of EV Chargers spaces are installed elsewhere.

NOTE: Calculations required by Section 4.106.4.2.1, Items 1 – 3 shall be rounded up to the nearest whole number.

Modify Subsection 4.106.4.2.2 to read:

4.106.4.2.2 Multifamily development projects with 20 or more dwelling units, hotels and motels with 20 or more sleeping units or guest rooms. The number of dwelling units, sleeping units or guest rooms shall be based on all bu ildings on a project site subject to this section.

1. EV Capable. Ten (10) Twenty (20) percent of the total number of parking spaces on a building site, provided for all types of parking facilities, shall be electric vehicle charging spaces (EV spaces) capable of supporting future Level 2 EVSE. Electrical load calculations shall demonstrate that the electrical panel service capacity and electrical system, including any on -site distribution transformer(s), have sufficient capacity to simultaneously charge all EVs at all required EV spaces at a minimum of 40 amperes.

The service panel or subpa nel circuit directory shall identify the overcurrent protective device space(s) reserved for future EV charging purposes as "EV CAPABLE" in accordance with the California Electrical Code.

Exception: When EV chargers (Level 2 EVSE) are installed in a number greater than five (5) percent of parking spaces required by Section 4.106.4.2.2, Item 3, the number of EV capable spaces required may be reduced by a number equal to the number of EV chargers installed over the five (5) percent required.

Notes:
a. Construction documents shall show locations of future EV spaces. b. There is no requirement for EV spaces to be constructed or available until receptacles for EV charging or EV chargers are installed for use.

2. EV Ready. Twenty-five (25) percent of the total number of parking spaces shall be equipped with low power Level 2 EV charging receptacles. For multifamily parking facilities, no more than one receptacle is required per dwelling unit when more than one parking space is provided for use by a single dwelling unit.

Exception: Areas of parking facilities served by parking lifts ., provided the required percentage of EV Ready spaces are installed elsewhere.

3. EV Chargers. Five (5) percent of the total number of parking spaces shall be equipped with Level 2 EVSE. Where common use parking is provided, at least one EV charger shall be located in the common use parking area and shall be available for use by all residents or guests.

When low power Level 2 EV charging receptacles or Level 2 EVSE are installed beyond the minimum required, an automatic load management system (ALMS) may be used to reduce the maximum required electrical capacity to each space served by the ALMS. The electrical system and any on -site distribution transformers shall have sufficient capacity to deliver at least 3.3 kW simultaneously to each EV charging station (EVCS) served by the ALMS. The branch circuit shall have a minimum capacity of 40 amperes, and installed EVSE shall have a capacity of not less than 30 amperes. ALMS shall not be used to reduce the mi nimum required electrical capacity to the required EV capable spaces.

Exception: Areas of parking facilities served by parking lifts, provided the required percentage of EV Chargers spaces are installed elsewhere.

NOTE: Calculations required by Section 4.106.4.2.2, Items 1 – 3 shall be rounded up to the nearest whole number.

Add a new Subsection 4.405.1 to read:

4.405.1 Reduction in cement use. As allowed by the enforcing agency, cement used in concrete mix design shall be reduced not less than 25 percent. Products commonly used to replace cement in concrete mix designs include, but are not limited to:

1. Fly ash

2. Slag

3. Silica fume

4. Rice hull ash
Exception: Minimum cement reductions in concrete mix designs approved by the Engineer of Record may be lower w here high early strength is needed for concrete products or to meet an accelerated project schedule.

Modify Subsection 4.408.1 to read:

4.408.1 Construction waste management. Recycle and/or salvage for reuse 100% of excavated soil and land -clearing debris, 100% of concrete, 100% of asphalt, and a minimum of 65 percent of the other nonhazardous construction and demolition waste in accordance with either Section 4.408.2, 4.408.3 or 4.408.4, or meet a more stringent local construction and demolition waste management ordinance.

Exceptions:

1. Excavated soil and land-clearing debris.

2. Alternate waste reduction methods developed by working with local agencies if diversion or recycle facilities capable of compliance with this item do not exist or are not located reasonably close to the jobsite.

3. The enforcing agency may make exceptions to the requirements of this section when isolated jobsites are located in areas beyond the haul boundaries of the diversion facility.

Chapter 5 Nonresidential Mandatory Measures of the California Green Buildings Code is adopted in its entirety subject to the modifications thereto which are set forth below:

Modify Subsection 5.106.5.3.1 to read:

5.106.5.3.1 EV Capable Spaces. [N] Twenty (20) percent of the total number of parking spaces shall be EV capable spaces. Calculation for EV capable spaces shall be rounded up to the nearest whole number. shall be provided in accordance with Table 5.106.5.3.1 and The spaces shall comply with the following requirements:

1. Raceways complying with the California Electrical Code and no less than 1 - inch (25 mm) diameter shall be provided and shall originate at a service panel or a subpanel(s) serving the area, and shall terminate in close proximity to the proposed location of the EV capable space and into a suitable listed cabinet, box, enclosure or equivalent. A common raceway may be used to serve multiple EV capable spaces.

2. A service panel or subpanel(s) shall be provided with panel space and electrical load capacity for a dedicated 208/240 volt, 40-ampere minimum branch circuit for each EV capable space, with delivery of 30-ampere minimum to an installed EVSE at each EVCS.

3. The electrical system and any on -site distribution transformers shall have sufficient capacity to supply full rated amperage at each EV capable space.

4. The service panel or subpanel circuit directory shall identify the reserved overcurrent protective device space(s) as "EV CAPABLE". The raceway termination location shall be permanently and vi sibly marked as "EV CAPABLE."
Note: A parking space served by electric vehicle supply equipment or designed as a future EV charging space shall count as at least one standard automobile parking space only for the purpose of complying with any applicable mi nimum parking space requirements established by an enforcement agency. See Vehicle Code Section 22511.2 for further details.

Delete Table 5.106.5.3.1.

Modify Subsection 5.106.5.3.2 to read:

5.106.5.3.2 Electric Vehicle Charging Stations (EVCS) [N] Ten (10) percent of the total number of parking spaces shall be EV capable spaces shall be provided with EVSE to create EVCS. Calculation for EVCS shall be rounded up to the nearest whole number. in the number indicated in Table 5.106.5.3.1. The EVCS required by Table 5.106.5.3.1 may be provided with EVSE in any combination of Level 2 and Direct Current Fast Charging (DCFC), except that at least one Level 2 EVSE shall be provided.

One EV charger with multiple connectors capable of charging multiple EVs simultaneously shall be permitted if the electrical load capacity required by Section

5.106.5.3.1 for each EV capable space is accumulatively supplied to the EV charger.

The installation of each DCFC EVSE shall be permitted to reduce the minimum number of required EV capable spaces without EVSE by five and reduce proportionally the required electrical load capacity to the service panel or subpanel.

5.405 Material Sources

Add a new Subsection 5.405.1 to read:

5.405.1 Reduction in cement use. As allowed by the enforcing agency, cement used in concrete mix design shall be reduced not less than 25 percent. Products commonly used to replace cement in concrete mix designs include, but are not limited to:

1. Fly ash.

2. Slag.

3. Silica fume.

4. Rice hull ash.

Exception: Minimum cement red uctions in concrete mix designs approved by the Engineer of Record may be lower where high early strength is needed for concrete products or to meet an accelerated project schedule.

5.408.3 Concrete, asphalt, excavated soil and land clearing debris. 100 percent of concrete, asphalt, trees, stumps, rocks and associated vegetation and soils resulting primarily from land clearing shall be reused or recycled. For a phased project, such material may be stockpiled on site until the storage site is developed.

Section 8. Copies of this Ordinance shall be posted for two days prior to adoption in the display case located near the walkway in front of Council Chambers, 2134 Martin Luther King Jr. Way. Within 15 days of adoption, copies of this Ordinance shall be fil ed at each branch of the Berkeley Public Library and the title shall be published in a newspaper of general circulation.
* * * * * *

At a regular meeting of the Council of the City of Berkeley held on November 3, 2022, this Ordinance was passed to print a nd ordered published by posting by the following vote:

Ayes: Bartlett, Droste, Hahn, Harrison, Kesarwani, Robinson, Taplin, Wengraf, and Arreguin.

Noes: None.

Absent: None.

ATTACHMENT 2

Attachment 3

NOTICE OF PUBLIC HEARING

BERKELEY CITY COUNCIL

ADOPTION OF BERKELEY BUILDING CODES

The Department of Planning and Development is proposing that the City Council adopt the second reading of an Ordinance repealing and reenacting the Berkeley Building, Residential, Electrical, Mechanical, Plumbing, Energy, and Green Building Standards Codes in BMC Chapters 19.28, 19.29, 19.30, 19.32, 19.34, 19.36 and 19.37, and adopting related procedural and stricter provisions.

The hearing will be held on November 29, 2022 at 6:00 p.m. The hearing will be held via videoconference pursuant to Government Code Section 54953(e) and the state declared emergency.

A copy of the agenda material for this hearing will be available on the City’s website at www.berkeleyca.gov as of November 17, 2022. Once posted, the agenda for this meeting will include a link for public participation using Zoom video technology.

For further information, please contact Alex Roshal, Chief Building Official, Manager of Building and Safety Division, Planning and Development Department, 510-981-7445 Written comments should be mailed directly to the City Clerk, 2180 Milvia Street, Berkeley, CA 94704, or emailed to [email protected] in order to ensure delivery to all Councilmembers and inclusion in the agenda packet.

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

If you do not want your contact information included in the public record, please do not include that information in your communication. Please contact the City Clerk at 981- 6900 or [email protected] for further information.

Published: November 11 & November 18, 2022
California Government Code section 50022.3

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ I hereby certify that the Notice for this Public Hearing of the Berkeley City Council was posted at the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way, as well as on the City’s website, on November 17, 2022.

__________________________________
Mark Numainville, City Clerk

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

PUBLIC HEARING
November 29, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Jordan Klein, Director, Planning & Development Department Subject: Re-enactment of the Berkeley Housing Code

RECOMMENDATION
Conduct a public hearing, and upon conclusion adopt the second reading of Ordinance No. 7,840-N.S. to repeal Berkeley Municipal Code (BMC) Chapter 12.48 (Residential Rental Housing Safety Program), and to repeal and re-enact BMC 19.40 (Berkeley Housing Code), incorporating BMC Chapter 12.48 into BMC Chapter 19.40.

SUMMARY
This report provides background on the ordinance to consolidate and update housing code regulations in the BMC and explains key changes, which reflect code updates and local operations. The Berkeley Housing Code provides minimum standards for housing and property maintenance to ensure safe housing for tenants. Housing inspectors use the code during inspections of rental properties to identify code violations and require owners to correct them. The Berkeley Housing Code has not been updated in almost 20 years. The revised Housing Code will serve the community, benefitting tenants, property owners, and staff by making the Housing Code clear, accessible, up to date, and more enforceable.

FISCAL IMPACTS OF RECOMMENDATION
None.

CURRENT SITUATION AND ITS EFFECTS
The purpose of the Berkeley Housing Code is to safeguard, remedy and prevent the decay and deterioration of residential buildings and property by providing minimum standards for housing and property maintenance, and for the protection of life, health, welfare, and the safety of the general public and the occupants and owners of such buildings. The Rental Housing Safety Program (RHSP) enforces the provisions of the Berkeley Housing Code by identifying housing violations when responding to tenant complaints and conducting proactive housing inspections of rental housing.

The Berkeley Housing Code is scoped and defined as BMC Chapter 19.40 and applicable provisions of the currently adopted editions of the California Building Code, California Existing Building Code, California Electrical Code, California Mechanical

Re-enactment of the Berkeley Housing Code PUBLIC HEARING NOVEMBER 29, 2022

Code, California Plumbing Code, and of the State Housing Law and applicable regulatory ordinances enacted by the City and listed in Title 19 of the Berkeley Municipal Code.

This ordinance restructures and updates BMC Chapter 19.40, which has not been significantly updated for over 20 years, retaining the existing content, editing for clarity and including additional sections to reflect code updates and local operations. Since the RHSP is under the jurisdiction of the Building Official, RHSP provisions formerly contained in BMC 12.48 were moved into Title 19 Buildings and Construction, in Section

19.40.080. Attachment 2 to this staff report, “Explanation of Significant Changes to the Berkeley Housing Code,” identifies how the Berkeley Housing Code has been restructured, describes new content, and provides the rationale for the proposed changes. This report highlights the most significant changes. The re-enactment of the Berkeley Housing Code supports the City’s Strategic Plan goal to create a resilient, safe, connected, and prepared city.

The re-enacted Berkeley Housing Code is reflective of the state housing law provisions in Title 25 of the California Code of Regulations (CCR) as well as the applicable provisions in the Health and Safety Code for buildings used for human habitation. The current Berkeley Housing Code references multiple chapters from the 1997 Uniform Housing Code. Despite still being a part of state housing law in California, the 1997 Uniform Housing Code is out of publication and not easily found. This generates complaints from property owners who are unable to locate applicable code sections.

The amended Berkeley Housing Code corrects this problem by reproducing all relevant sections from the 1997 Uniform Housing Code, with minor modifications and updates to improve clarity for the end-user. In addition, the complete definition of substandard housing from Health and Safety Code Section 17920.3 has been incorporated into the Berkeley Housing Code, due to its importance. These additions will make the Berkeley Housing Code more transparent and readable for tenants and property owners, providing direct references from the Berkeley Housing Code, reducing instances where a violation references another code.

Under Section 103 Scope and Applicability, new Sections 103.6 and 103.7 are intended to allow the Building Official to use the most flexible provisions if there are conflicts between codes. These sections allow use of the “least restrictive” standards when dealing with unpermitted dwelling units, including standards in effect at the time of construction, current code standards, or “reasonable alternatives to the requirements of prior code editions,” provided the building (or any portion thereof) does not become or continue to be a substandard or unsafe building. This code language will reduce the risk of taking housing units off the market while trying to comply with more restrictive code requirements. This approach will also enable the City to develop a viable amnesty program for undocumented units, a current City Council referral.

Re-enactment of the Berkeley Housing Code PUBLIC HEARING NOVEMBER 29, 2022

The Housing Code has been updated to reflect changes in the California Building Code.

The California Building Code is revised every three years, and over time, has become more flexible than the existing outdated Berkeley Housing Code. For example, requirements for new construction pertaining to natural light, ventilation and ceiling heights have become less stringent and more flexible by providing certain exemptions and alternatives not currently found in the existing Berkeley Housing Code. Major changes were made to the California Building Code, Residential Code, and Energy Code in 2008 when the state adopted International Codes. The re-enacted Berkeley Housing Code recognizes different requirements for residential units built or remodeled after 2008, so there is no conflict between the California Building Code and the Berkeley Housing Code.

The re-enac
ted Berkeley Housing Code reflects and codifies Berkeley’s approach to code enforcement, which emphasizes education, voluntary compliance and a gradual enforcement approach. The only enforcement mechanism currently in the Berkeley Housing Code is a Notice and Order, which is a punitive measure that obligates the City to take action if substandard conditions are not abated by the owner in a timely manner, such as seeking a court appointed receiver. The re-enacted Berkeley Housing Code adds Section 1002, which allows inspectors to issue a Notice of Violation as the first step in the code enforcement process if substandard conditions are observed. It provides the property owner with a list of Housing Code violations, the actions required to remedy the violations, and the time frame to correct. After issuing multiple notices of violation, if the problem has not been corrected or if conditions deteriorate to endanger the life and safety of the occupants, the City may issue a Notice and Order to escalate enforcement efforts. Unless there is an immediate hazard, a Notice of Violation precedes issuance of a Notice and Order, and the City would resort to code enforcement proceedings only after efforts to secure voluntary compliance had failed.

The State of California established statewide inspection requirements for exterior elevated elements when it added Section 17973 to the Health and Safety Code, effective January 1, 2019 and Section 5551 to the California Civil Code, effective January 1, 2020. These requirements are based on Berkeley’s exterior elevated elements inspection requirements enacted in 2015, but with a few modifications, including different timeframes. The Berkeley Housing Code is being amended to align with state law, with the timeframe of the inspection cycle adjusted to every six years for rental properties and every nine years for condominiums.

Other significant modifications in the ordinance include:

• Provisions for smoke alarms and carbon monoxide alarms from the California Building Code have been incorporated into the Berkeley Housing Code (Section

19.40.070), since inspectors frequently note violations related to fire detection systems. This will allow inspectors to directly reference the Berkeley Housing Code for these violations.

Re-enactment of the Berkeley Housing Code PUBLIC HEARING NOVEMBER 29, 2022

• Section 19.40.140 adopts specific lien and special assessment procedures to strengthen enforceability. This Section also specifies these apply to administrative citations as well as inspection fees.

BACKGROUND
In 2015, the City Council referred to the City Manager to improve and expand the RHSP. Updating the Berkeley Housing Code has been a priority to support the expansion of proactive inspections and the effort to improve the quality of housing and the quality of life for tenants in Berkeley.

There have only been three minor updates to the Berkeley Housing Code since 1999:
an administrative update in 2003, establishment of the exterior elevated elements inspection requirement in 2015, and the repeal of the certification of gas heating equipment in 2011 after the State passed a law requiring all owners to install carbon monoxide detection devices. For the current effort, staff conducted extensive research and reviewed housing codes from numerous other jurisdictions.

Commissions
The 4x4 Joint Task Force Committee on Housing reviewed the amendments at its meeting on September 28 and voted unanimously to recommend Council adopt the amendments with the following motion:

M/S/C (Robinson/Arreguin) Recommend that City Council adopt amendments to Berkeley Housing Code as proposed by Planning Department staff. Roll call vote. YES:

Arreguin, Harrison, Johnson, Kelley, Robinson, Simon-Weisberg, Taplin; NO: None; ASBSTAIN: None; ABSENT: Alpert. Carried: 7-0-0-1.

The Housing Advisory Commission (HAC) is scheduled to consider this item at its meeting on October 6. Its action will be included as a supplemental communication.

Staff presented the proposed Housing Code revisions at the HAC meeting on September 1. Several suggestions provided by HAC Commissioners have been incorporated and noted in Attachment 2, “Explanation of Changes to the Housing Code.”

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The hot water requirement in the Berkeley Housing Code has been updated from 120°F to 110°F to be consistent with the state housing law provisions in Title 25 of the California Code of Regulations. The comfort space heating requirement has been updated from 70°F to 68°F to reflect the State Energy Code. These lower temperatures allow for energy conservation.

Re-enactment of the Berkeley Housing Code PUBLIC HEARING NOVEMBER 29, 2022

RATIONALE FOR RECOMMENDATION
The Berkeley Housing Code needs updating. The current code in BMC Chapter 19.40 adopts the 1997 Uniform Housing Code by reference. The newly revised Chapter 19.40 is better organized, incorporates all relevant sections of the Uniform Housing Code with local modifications, and is based on California Code of Regulations Title 25 State Housing Law Regulations and Health and Safety Code Regulation of Buildings Used for Human Habitation. The description of and rationale for the significant changes to the Berkeley Housing Code are included in Attachment 2, “Explanation of Significant Changes to the Berkeley Housing Code.”

The revised Berkeley Housing Code will benefit tenants, help property owners fulfill their obligations as landlords, and assist inspectors in doing their jobs by better substantiating the violations they write. BMC Chapter 19.40 is an educational asset and will serve the community by eliminating confusion, making the Berkeley Housing Code accessible and easier to use. It will help tenants verify habitability requirements and understand the basis of violations in their units. It provides clearer and more specific context for describing violations and facilitating abatement work.

ALTERNATIVE ACTIONS CONSIDERED
No alternatives were considered.

CONTACT PERSON
Jenny McNulty, Resilient Buildings Program Manager, Planning, 981-7451 Alex Roshal, Manager of Building and Safety Division, 981-7445

Attachments:
1: Ordinance repealing BMC 12.48 and repealing and re-enacting BMC 19.40 2: Explanation of Significant Changes to the Berkeley Housing Code 3: Public Hearing notice

Ordinance No. 7,840-N.S. Page 1 of 39
ORDINANCE NO. 7,840-N.S.

REPEALING BMC 12.48 AND REPEALING AND RE-ENACTING BMC 19.40

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

Section 1. That Ber keley Municipal Code Chapter 12.48 is hereby repealed.

Section 2. That Berkeley Municipal Code Chapter 19.40, the Berkeley Housing Code, is hereby repealed and re-enacted, effective January 1, 2023, to read as follows:

Chapter 19.40
Berkel
ey Housing Code

19.40.010 Scope and Administration

19.40.020 Definitions

19.40.030 Space and Occupancy Standards

19.40.040 Structural Requirements

19.40.050 Mechanical and Electrical Requirements

19.40.060 Exits

19.40.070 Fire Protection

19.40.080 Rental Housing Safety

19.40.090 Substandard Housing

19.40.100 Notices of the Building Official

19.40.110 Enforcement of Orders

19.40.120 Performance of Repair or Demolition

19.40.130 Recovery of Cost of Repair or Demolition

19.40.140 Recovery of Costs for Housing Code Enforcement and Administration

Ordinance No. 7,840-N.S. Page 2 of 39

19.40.010 Scope and Administration
101 – Title
This chapter shall be known as the “Berkeley Housing Code” and may be cited in this Chapter as "this Code”.

The following provisions of the Uniform Housing Code (UHC), 1997 Edition have been incorporated into this Code subject to the local modifications thereto which are set forth below: 1997 UHC Chapters 1 and 4-9, except Section 701.1 In administering the substantive provisions of this Code, the City shall be guided by the regulations issued by the California Department of Housing and Community Development in Title 25 of the California Code of Regulations, Division 1, Chapter 1, Subchapter 1 State Housing Law Regulations, as well as applicable provisions of the California Health and Safety Code, Division 13, Part 1.5 Regulation of Buildings Used for Human Habitation, Sections 17910 to 17998.3, and other housing related Codes adopted by the State of California.
102 – Purpose
The purpose of this Code is to safeguard, remedy and prevent the decay and deterioration of residential buildings and property as defined herein by providing minimum housing and property maintenance standards for the protection of life, health, welfare, and the safety of the general public and the occupants and owners of such buildings within the City of Berkeley .
103 – Scope and Applic ability

1. The provisions of the Housing Code shall apply to all buildings or portions thereof used, or designed or intended to be used, for human habitation. This Chapter is not an exclusive regulation of housing within the City of Berkeley. It shall supplement, be accumulative with, and be in addition to any applicable regulatory ordinances enacted by the City and listed in Title 19 of the Berkeley Municipal Code and any applicable State or Federal law s enacted by the State or Federal government or any other legal entity that may have jurisdiction.

2. Existing buildings and all portions thereof may have their existing use or occupancy continued, provided the building or portion thereof met the code requirements in effect at the time of construction , addition or alteration, and such continued use is not dangerous to life and is not substandard .

3. Existing buildings and all portions thereof shall be maintained in a safe and sanitary condition. All devices , components or safeguards, which are required by this Code,

Ordinance No. 7,840-N.S. Page 3 of 39
shall be maintained in conformance with the Code edition under which installed, unless otherwise required by the Berkeley Building Code or other adopted ordinance or state law applied retroactively.

4. Existing buildings which are altered or enlarged shall be made to conform to this Code insofar as the new work is concerned, and in accordance with the adopted edition of the California Building Standards Code.

5. Any references to the provisions of former code editions shall be construed to apply to the cor
responding provisions contained within the currently adopted edition of the California Building Standards Code.

6. Notwithstanding anything set forth or provided for in this chapter, if there is a conflict or discrepancy between the provisions of this Code, the State Housing Law, or the California Building Standards Code the Building Official is authorized to apply building standards which provide for the most flexibility to maintain continuity of housing, provided a substandard condition is not created or continued.

7. When a building permit record for a residential unit does not exist, the Building Official is authorized to make a determination of when the residential unit was constructed and then apply the building standards in effect when the residential unit was determined to be constructed or the current building standards, whichever is the least restrictive, provided the building does not become or continue to be a substandard or unsafe building. The Building Official is authorized to accept reasonable alternatives to the requirements of the prior or current code editions when dealing with unpermitted dwelling units.

8. Notwithstanding any provisions contrary in this Chapter, any building or portion thereof constructed in compliance with the Berkeley Building or Residential Codes shall not be deemed to be in violation of the Berkeley Housing Code provisions that may conflict.
104 – Authority
The City Manager is hereby authorized and directed to designate City departments and employees to administer and enforce all of the provisions of this code. City personnel designated to enforce this Code shall have the powers of a law enforcement officer.

The Building Official shall have the power to render interpretations of this Code and to adopt and enforce rules and supplemental regulations in order to clarify the application of its provisions. Such interpretations, rules and regulations shall be in conformity with the intent and purpose of this code. The Building Official has the authority to delegate the implementation, administration and enforcement of the provisions of this code to

Ordinance No. 7,840-N.S. Page 4 of 39
housing inspectors, building inspectors, and other technical officers and employees.

Such employees shall have powers as delegated by building official. 105 – Right of Entry
When it is necessary to make an inspection to enforce the provisions of this Code, or when the Building Official has reasonable cause to believe there exists in a building or upon a premises a condition which is contrary to or in violation of this Code, which makes the building or premises unsafe, dangerous or hazardous, the Building Official may enter the building or premises at reasonable times to inspect or to perform the duties imposed by this Code, provided that such building or premises be occupied, that credentials be presented to the occupant and entry requested. If such building or premises be unoccupied, the Building Official shall first make a reasonable effort to locate the owner or other person having charge or control of the building or premises and request entry. If entry is refused, the Building Official shall have recourse to the remedies provided by law to secure entry.
106 – Responsibilities Defined
Owners remain liable for violations of duties imposed by this Code even though an obligation is also imposed on the occupants of the building, and even if the owner has, by agreement, imposed on the occupant the duty of furnishing required equipment or of complying with this Code.

The owner or the owner’s designated agent shall be responsible for maintaining buildings and structures and parts thereof in a safe and sanitary condition. To determine compliance with this subsection, the building may be re-inspected.

Owners, in addition to being responsible for maintaining buildings in a sound structural condition, shall be responsible for keeping that part of the building or premises which the owner occupies or controls in a clean, sanitary and safe condition, including the shared or public areas in a building containing two or more dwelling units.

Owners shall, when required by this Code, the Health Ordinance or the Health Officer, furnish and maintain such approved sanitary facilities as required, and shall furnish and maintain approved devices, equipment or facilities for the prevention of insect and rodent infestation, and when infestation has taken place, shall be responsible for the extermination of any insects, rodents or other pests when such extermination is not specifically made the responsibility of the occupant by law or ruling.

Occupants of a dwelling unit, in addition to being responsible for keeping in a clean, sanitary and safe condition that part of the dwelling or dwelling unit or premises which

Ordinance No. 7,840-N.S. Page 5 of 39
they occupy and control, shall dispose of their rubbish, garbage and other organic waste in a manner required by the Health Ordinance and approved by the Health Officer.

Occupants shall, when required by this Code, the Health Ordinance or the Health Officer, furnish and maintain approved devices, equipment or facilities necessary to keep their premises safe and sanitary.
107 – Owner or Representative to Reside on Premises

1. The owner of every apartment house in which there are 16 or more apartments, and every hotel in which there are 12 or more guest rooms, shall either reside on the premises or ensure that a manager resides upon the premises.

2. Only one caretaker is required under this section for all structures under one ownership and on one contiguous parcel of land.

3. If the owner does not reside upon the premises of any apartment house in which there are more than four but less than 16 apartments, a notice stating his/her name and address, or the name and address of his/her agent in charge of the apartment house, shall be posted in a conspicuous place on the premises. 108 – Violations
It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure or cause or permit the same to be done in violation of this Code.

Violations of this Code may be charged as infractions or misdemeanors, at the discretion of the enforcing officer. Charging violations of this Code as public offenses does not in any way limit any other remedies that might be available. 109 – Housing Advisory and Appeals Board
109.1 General. The Housing Advisory Commission (“Commission”) as defined in this Code and Chapter 19.44 of the Berkeley Municipal Code shall serve as the “Board of Appeals” and “Housing Advisory and Appeals Board” referred to in this Code. The Commission shall hear and decide appeals of orders, decisions or determinations made by the Building Official under this Code.
109.2 Limitations of Authority. The Housing Advisory and Appeals Board shall have no authority relative to interpretation of the administrative provisions of this Code nor shall the Board be empowered to waive requirements of this Code.

19.40.020 Definitions
201 – General

Ordinance No. 7,840-N.S. Page 6 of 39
201.1 Terms Defined in Other Codes. Where terms are not defined in this Code and are defined in the California Building Code, California Existing Building Code, California Electrical Code, California Mechanical Code, California Plumbing Code or California Fire Code, such terms shall have the meanings ascribed to them in those codes. 201.2 Terms Not Defined. Where terms are not defined through the methods authorized by this section, such terms shall have ordinary accepted meanings such as the context applies. Webster’s Third New California Dictionary of the English Language, Unabridged, latest edition, shall be considered as providing ordinary accepted meanings.
202 – Definitions
Unless otherwise expressly stated, the following words and terms shall, for the purpose of this Code, have the meanings shown in the section.

Alteration is any construction or renovation to an existing building other than repair or addition. Alterations include, but are not limited to, remodeling, renovation, rehabilitation, reconstruction, and replacement of existing components.

Apartment is a dwelling unit as defined in this Code.

Apartment House is any building or portion thereof which contains three or more dwelling units and, which is rented, leased, let or hired out to be occupied for consideration, or which is occupied, as the home of three or more individuals, families or living groups, living independently of each other and doing their own cooking in said building.

Berkeley Housing Code is this Chapt er and applicable provisions of the currently adopted editions of the California Building Code, California Existing Building Code, California Residential Code, California Electrical Code, California Mechanical Code, California Plumbing Code and the State Housing Law, and applicable regulatory ordinances enacted by the City and listed in Title 19 of the Berkeley Municipal Code.

Building Code is the California Building Code contained in Part 2, Title 24, California Code of Regulations, as adopted in Chapter 19.28 of the Berkeley Municipal Code.

Building Official is the of ficer or other designated authority charged with the administration and enforcement of this code, or a duly authorized representative.

City means the City of Berkeley.

Complaint means notification by any person of a violation or a suspected violation of Berkeley Housing Code.

Ordinance No. 7,840-N.S. Page 7 of 39
Congregate Residence is any building or portion thereof that contains facilities for living, sleeping and sanitation, as required by this code, and may include facilities for eating and cooking, for occupancy by other than a family. A congregate residence may be a shelter, convent, monastery, dormitory, fraternity or sorority house but does not include jails, hospitals, nursing homes, hotels or lodging houses.

Dwelling is a building that contains one or two dwelling units used, intended or designed to be used, rented, leased, let or hired out to be occupied for living purposes, and includes any garages or other accessory buildings belonging thereto.

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

Efficiency Dwelling Unit is a dwelling unit containing only one habitable room and constructed in accordance with Health and Safety Code Section 17958.1 or the California Building Code Section 1207.4.

Electrical Code is the California Electrical Code, contained in Part 3, Title 24, California Code of Regulations as adopted in Chapter 19.30 of the Berkeley Municipal Code.

Enforcement means diligent effort to secure compliance, including review of plans and permit applications, response to complaints, citation of violations, and other legal process. Except as otherwise provided in this Code, “enforcement” includes inspections of existing buildings, subject to this Code, on which no complaint or permit application has been filed, in an effort to secure code compliance as to these existing buildings.

Fire Code is the California Fire Code contained in Part 9, Title 24, California Code of Regulations, as adopted in Chapter 19.48 of the Berkeley Municipal Code.

Hot Water is water supplied to plumbing fixtures at a temperature of not less than 110°F.

Hotel is any building containing six or more rooms, which are used, intended or designed to be used, rented or hired out to be occupied for sleeping purposes by guests.

Landlord means an owner of record, lessor, sublessor or any other person or entity entitled to receive rent for the use or occupancy of any rental unit, or an agent, representative or successor of any of the foregoing.

Lodging House is any building or portion thereof, containing not more than five guest rooms where rent is paid in money, goods, labor or otherwise.

Ordinance No. 7,840-N.S. Page 8 of 39
Manager means the person who has charge of any premises and is responsible for its maintenance, upkeep and cleaning.

Mechanical Code is the Cali fornia Mechanical Code, contained in Part 4, Title 24, California Code of Regulations as adopted in Chapter 19.32 of the Berkeley Municipal Code.

Mold means microscopic organisms or fungi that can grow in damp conditions in the interior of a building.

Nuisance. The following shall be defined as nuisances:

1. Any public nuisance known at common law or in equity jurisprudence.

2. Any attractive nuisance that may prove detrimental to children whether in a building, on the premises of a building or on an unoccupied lot. This includes any abandoned wells, shafts, basements or excavations; abandoned refrigerators and motor vehicles; any structurally unsound fences or structures; or any lumber, trash, fences, debris or vegetation that may prove a hazard for inquisitive minors.

3. Whatever is dangerous to human life or is detrimental to health, as determined by the health officer.

4. Overcrowding a room with occupants.

5. Insufficient ventilation or illumination.

6. Inadequate or unsanitary sewage or plumbing facilities.

7. Uncleanliness, as determined by the health officer.

8. Whatever renders air, food or drink unwholesome or detrimental to the health of human beings, as determined by the health officer.

9. Fire hazard.

10. Substandard building.

Occupant is any individual living, sleeping, cooking, or eating in or having possession of a dwelling unit or portion thereof.

Plumbing Code is the California Plumbing Code, contained in Part 5, Title 24, California Code of Regulations as adopted in Chapter 19.34 of the Berkeley Municipal Code.

Rent means the consideration, including any deposit, bonus, benefit or gratuity, demanded or received for or in connection with the use or occupancy of rental unit and housing services. Such consideration shall include, but not be limited to, monies and fair

Ordinance No. 7,840-N.S. Page 9 of 39
market value of goods or services rendered to or for the benefit of the landlord under the terms of the rental agreement.

Rental Unit is any dwelling or sleeping unit in any real property, including the land appurtenant thereto, rented or available for rent for residential use or occupancy located in the City, together with all services connected with the use or occupancy of such property such as common areas held out for use by the tenant.

Repair is renewal of any part or component of an existing building for the purpose of its maintenance or to correct damage.

Safety Assessment is a visual, non-destructive examination of a building or structure for the purpose of determining the condition for continued occupancy following a natural or human-caused disaster event.

Sleeping Unit is a single unit that provides rooms or spaces for one or more persons, includes permanent provisions for sleeping and can include provisions for living, eating and sanitation or kitchen facilities but not both. Such rooms and spaces that are also part of a dwelling unit are not sleeping units.

State Housing Law is the st ate law regulating residential occupancies. It consists of • Health and Safety Code: Division 13, Part 1.5 Regulation of Buildings Used for Human Habitation, Sections 17910 to 17998.3.
• California Code of Regulations: Title 25, Division 1, Chapter 1, Subchapter 1 State Housing Law and Regulations.

Substandard Building means any building or portion thereof used for habitation that substantially endangers the life, limb, health, property, safety or welfare of the public or its occupants due to one or more violations of Section 19.40.090 of this Code.

Tenant means any renter, tenant, subtenant, lessee, or sublessee of a rental unit, or successor to a renter’s interest, or any group of tenants, subtenants, lessees, or sublessees of any rental unit, or any other person entitled to the use or occupancy of such rental unit.

Voluntary Code Compliance means, for t he purpose of this Code, actions voluntarily initiated by an owner to achieve compliance with applicable laws including, but not limited to, fumigation, mold abatement, lead abatement, seismically retrofitting, as well abatement work performed in response to a Notice of Violation under Sections 808 and 1002 of this Code. Work performed for the purpose of improvements is not considered voluntary code compliance.

19.40.030 Space and Occupancy Standards

Ordinance No. 7,840-N.S. Page 10 of 39
301 – Location of Buildings on Property
All buildings shall be located with respect to property lines and to other buildings on the same property as required by the Building Code.
302 – Yards and Courts
302.1 Scop
e. This section shall apply to yards and courts having required window openings therein.
302.2 Yards. Every yard shall not be less than 3 feet in width for one- and two-story buildings. For buildings more than two stories in height, the minimum width of the yard shall be increased at the rate of 1 foot for each additional story. Where yards completely surround the building, the required width may be reduced by 1 foot. For buildings exceeding 14 stories in height, the required width of yard shall be computed on the basis of 14 stories.
303.3 Courts. Every court shall not be less than 3 feet in width. Courts having windows opening on opposite sides shall not be less than 6 feet in width. Courts bounded on three or more sides by the walls of the building shall not be less than 10 feet in length unless bounded on one end by a public way or yard. For buildings more than two stories in height, the court shall be increased 1 foot in width and 2 feet in length for each additional story. For buildings exceeding 14 stories in height, the required dimensions shall be computed on the basis of 14 stories.

Adequate access shall be provided to the bottom of all courts for cleaning purposes.

Every court more than two stories in height shall be provided with a horizontal air intake at the bottom not less than 10 square feet (0.93 m2) in area and leading to the exterior of the building unless abutting a yard or public way. The construction of the air intake shall be as required for the court walls of the building, but in no case shall be less than one-hour fire-resistive.
303 – Room Dimensions
303.1 Ceiling Heights
A. Habitable spaces shall have a ceiling height of not less than 7 feet 6 inches except as otherwise permitted in this section. Kitchens, halls, bathrooms and toilet compartments may have a ceiling height of not less than 7 feet measured to the lowest projection from the ceiling. Where exposed beam ceiling members are spaced at less than 48 inches on center, ceiling height shall be measured to the bottom of these members. Where exposed beam ceiling members are spaced at 48 inches or more on center, ceiling height shall be measured to the

Ordinance No. 7,840-N.S. Page 11 of 39
bottom of the deck supported by these members provided that the bottom of the members is not less than 7 feet above the floor.

Exceptions - In one- and two-family dwellings only:
(a) habitable spaces shall have a ceiling height of not less than 7 feet (b) bathrooms, toilet compartments and laundry rooms shall have a ceiling height of not less than 6 feet 8 inches
(c) beams, girders, ducts or other obstructions in basements containing habitable space shall be permitted to project to within 6 feet 4 inches of the finished floor
B. If any room in a building has a sloping ceiling, the prescribed ceiling height for the room is required in only one -half the area thereof. No portion of the room measuring less than 5 feet from the finished floor to the finished ceiling shall be included in any computation of the minimum area thereof.

C. If any habitable room has a furred ceiling, the prescribed ceiling height is required in two-thirds the area thereof, but in no case shall the height of the furred ceiling be less than 7 feet.
303.2. Floor Area. Dwelling units and congregate residences shall have at least one room which shall have not less than 120 square feet of floor area. Other habitable rooms, except kitchens, shall have an area of not less than 70 square feet. Where more than two persons occupy a room used for sleeping purposes, the required floor area shall be increased at the rate of 50 square feet for each occupant in excess of two.

Exceptions:

1. Efficiency units: Nothing in this section shall prohibit the use of an efficiency living unit within an apartment house meeting the following requirements:
a. The unit shall have a living room of not less than 220 square feet of superficial floor area. An additional 100 square feet of superficial floor area shall be provided for each occupant of such unit in excess of two. b. The unit shall be provided with a separate closet.
c. The unit shall be provided with a kitchen sink, cooking appliance and refrigeration facilities, each having a clear working space of not less th an

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30 inches in front. Light and ventilation conforming to this Code shall be provided.
d. The unit shall be provided with a separate bathroom containing a water closet, lavatory, and bathtub or shower.

2. In one- and two-f amily dwellings only, habitable rooms shall have a floor area of not less than 70 square feet.
303.2 Width. No habitable room other than a kitchen shall be less than 7 feet in any dimension. Each water closet stool shall be located in a clear space not less than 30 inches in width, and a clear space in front of the water closet stool of not less than 24 inches shall be provided.

304 – Light and
Ventilation
304.1 General. For the purpose of determining the light or ventilation required by this section, any room may be considered as a portion of an adjoining room when one half of the area of the common wall is open and unobstructed and provides an opening of not less than one tenth of the floor area of the interior room or 25 square feet, whichever is greater.

Exterior openings for natural light or ventilation required by this section shall open directly onto a public way or a yard or court located on the same lot as the building.

Exceptions:

1. Required windows may open into a roofed porch where the porch:

1.1 Abuts a public way, yard or court;

1.2 Has a ceiling height of not less than 7 feet; and

1.3 Has a longer side at least 65 percent open and unobstructed.

2. Skylights.
304.2 Light. Habitable spaces shall be provided with natural light by means of exterior glazed openings with an area not less than one tenth of the floor area of such rooms with a minimum of 10 square feet or shall be provided with artificial light.

Habitable spaces constructed, converted, or altered after January 1, 2008, are permitted to have the minimum net glazed area of not less than 8 percent of the floor area of the room served.

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When artificial lighting is provided, it shall be capable to provide an average illumination of 10 footcandles (107 lux) over the area of the room at a height of 30 inches above the floor level.
304.3 Ventilation.

A. Habitable spaces shall be provided with natural ventilation by means of openable exterior openings with an area of not less than 1/20 of the floor area of such rooms with a minimum of 5 square feet.

Habitable spaces constructed, converted, or altered after January 1, 2008, are permitted to have the minimum openable area of the openings to the outdoors of not less than 4 percent of the floor area being ventilated.

In lieu of required exterior openings for natural ventilation, a mechanical ventilating system may be provided. Such system shall be capable of providing two air changes per hour. Habitable spaces constructed, converted, or altered after January 1, 2008, are permitted to provide a mechanical ventilation Outdoor Air Rate (Q
tot) calculated in accordance with the following:

Outdoor Air Rate (Qtot) equals 3% of the floor area plus 7.5 cfm for each occupant assumed to be equal to the number of bedrooms plus 1.

Qtot = 0.03Afloor + 7.5 (Nbr + 1)
Where:

Qtot = Total required ventilation outdoor air rate (cfm) Afloor = Floor Area (ft2)
Nbr = Number of bedrooms
B. Bathrooms, water closet compartments, laundry rooms and similar rooms shall be provided with natural ventilation by means of openable exterior openings with an area not less than 1/20th of the floor area of such rooms with a minimum of 1- ½ square feet. In lieu of required exterior openings for natural ventilation in bathrooms containing a bathtub, shower or combination thereof; laundry rooms; and similar rooms, a mechanical ventilation system connected directly to the outside capable of providing five air changes per hour shall be provided. The point of discharge of exhaust air shall be at least 3 feet from any opening into the building. Bathrooms that contain only a water closet, lavatory or combination thereof, and similar rooms, may be ventilated with an approved mechanical recirculating fan or similar device designed to remove odors from the air.

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Bathrooms, water closet compartments, laundry rooms and similar spaces constructed, converted, or altered after January 1, 2008 are permitted to be mechanically ventilated at an exhaust rate not less than 50 cubic feet per minute for intermittent operation and 20 cubic feet per minute for continuous operation.

C. Kitchens constructed, converted, or altered after January 1, 2008 are permitted to be intermittently mechanically ventilated at an exhaust rate not less than 100 cubic feet per minute for range hoods or 300 cubic feet per minute for mechanical exhaust fans including downdraft appliances. Enclosed kitchens are permitted to be provided with continuous mechanical ventilation at an exhaust rate not less than 5 air changes per hour based on kitchen volume.

D. Each kitchen range or cooktop shall be provided with a vented hood ducted to terminate outside the building, with a minimum air flow of 100 cubic feet per minute..

A local mechanical exhaust system installed in accordance with ASHRAE 62.2 and Subsection 304.3.C above shall be permitted in lieu of a vented range hood. 304.4 Hallways. All public and common hallways, corridors, stairs and other exitways shall be adequately lighted and illuminated at all times in accordance with Chapter 10 of the Building Code.
305 – Sanitation
A. Dwelling Units, Lodging Houses and Congregate Residences Dwelling units, lodging houses and congregate residences shall be provided with a bathroom equipped with facilities consisting of a water closet, lavatory, and either a bathtub or shower .

B. Hotels
Where private water closets, lavatories and baths are not provided, there shall be provided on each floor, for each sex, at least one water closet and lavatory and one bath, accessible from a public hallway. Additional water closets, lavatories and baths shall be provided on each floor for each sex at the rate of one for every additional ten guests or fractional number thereof in excess of ten. As an equivalent alternative, adequate genderless facilities may be provided.

C. Kitchen

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Each dwelling unit shall be provided with a kitchen. Every kitchen shall be provided with a kitchen s ink. A wooden sink or sink of similarly absorbent material shall not be permitted.

D. Fixtures
All plumbing fixtures shall:

1. Be connected to a sanitary sewer or an approved private sewage disposal system;

2. Be connected to an approved system of water supply and provided with hot and cold running water necessary for its normal operation; and

3. Be of an approved glazed earthenware type or of a similarly nonabsorbent material.

4. All piping and plumbing fixtures shall be installed and maintained in working order, and shall be kept free from obstructions, leaks and defects.

E. Water Closet Compartments
Walls and floors of w ater closet compartments in common use and public areas, shall be finished in accordance with applicable provisions of the Building Code.

F. Room Separations
Every water closet, bathtub or shower required by this Code shall be installed in a room, which will afford privacy to the occupant.

G. Installation and Maintenance
All sanitary facilities shall be installed and maintained in a safe and sanitary condition and in accordance with applicable requirements of the Plumbing Code and other applicable laws.
306 – Building Interior
306.1 Interior Surfaces – Interior surfaces, including wall, floor and ceiling surfaces, windows and doors, shall be maintained in good, clean and sanitary condition. Any interior finishes that have a fire-resistance rated classification must maintain their fire rating and when repairs or replacement are performed, shall be repaired or replaced with similar or compatible materials of the same fire-resistance rating.

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306.2 Interior Doors. Every interior door shall fit reasonably well within its frame and shall be capable of being opened and closed by being properly and securely attached to jambs, headers or tracks. Any hardware that provides privacy must be maintained in operational condition.

19.40.040 Structural Requirements
401 – General
Buildings or structures may be of any type of construction permitted by the Building Code. Roofs, floors, walls, foundations, and all other structural com ponents of buildings shall be capable of resisting any and all forces and loads to which they may be subjected. All structural elements shall be proportioned and joined in accordance with the stress limitations and design criteria as specified in the appropriate sections of the building code. Buildings of every permitted type of construction shall comply with the applicable requirements of the Building Code.
402 – Protection from Weather and Damp ness
Every building shall be weather -protected so as to provi de shelter for the occupants against the elements and to exclude dampness.
403 – Protection of Materials
All wood shall be protected against termite damage and decay as provided in the Building Code.
404 – Structural Maintenance
A. Pursua
nt to the requirements of Health and Safety Code Section 17973 (inspection deadlines in subsection (d) notwithstanding) projecting exterior elevated wood and metal decks, balconies, landings, stairway systems, guardrails, handrails, or any parts thereof in weather-exposed areas of Group R- 1 and R-2 Occupancies, as defined in the most recent edition of the California Building Code, shall be inspected within six months of adoption of this section, and every six years thereafter by a licensed general contractor, licensed architect, licensed civil or structural engineer, or certified building inspector or building official who are not employees of the City of Berkeley to verify that the elements are in general safe condition, adequate working order, and do not exhibit signs of deterioration, decay, corrosion or similar damage that could pose a safety concern and there is no evidence of active water intrusion in concealed spaces of the inspected elements. The inspection schedule set forth above shall apply retroactively to the original enactment of the City’s Exterior Elevated Elements inspection program on July 14, 2015; cyclical inspections shall be completed by March 31, 2022 and every six years thereafter.

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B. Pursuant to the requirements of Code of Civil Procedure Section 5551, projecting exterior elevated wood and metal decks, balconies, landings, stairway systems, guardrails, handrails, or any parts thereof in weather-exposed areas of condominium projects containing 3 or more dwelling units shall be inspected by January 1, 2025, and then at least once every nine years. The inspection shall be conducted by a licensed structural engineer or architect of a random and statistically significant sample of exterior elevated elements for which the association has maintenance or repair responsibility.

The inspection reports shall comply with the requirements of Health and Safety Code Section 17973 Subsections (c) and (d). The property owner shall be responsible for complying with the repair requirements set forth in Health and Safety Code Section 17973 Subsections (g), (h) and (i). Property owners shall provide proof of compliance with this section by submitting an affidavit form provided by the City. The affidavit shall be signed by the responsible inspecting party and submitted to the Housing Code Enforcement Office. If the inspector indicates corrective work is required, a second affidavit form shall be submitted once the work is completed. For the purpose of this section, elevated "weather-exposed areas" mean those areas which are not interior building areas, extend beyond exterior walls and are located more than six feet above adjacent grade. For newly constructed residential buildings, inspections shall occur no later than six years following issuance of the Certificate of Occupancy for such buildings.

19.40.050 Mechanical and Electrical Requirements
501 – Heating
Habitable spaces shall be provided with heating fa cilities capable of maintaining a room temperature of 68° F at a point three feet above the floor in all habitable rooms. Such facilities shall be installed and maintained in a safe working condition and in accordance with Chapter 12 of the Building Code, the Mechanical Code, and all other applicable laws. Unvented fuel-burning heaters are not permitted. All heating devices or appliances shall be of an approved type. Hot water provided to plumbing fixtures shall be supplied at a temperature of not less than 110°F. 502 – Electrical Equipment
All electrical equipment, wiring and appliances shall be installed and maintained in a safe manner in accordance with all applicable laws. All electrical equipment shall be of an approved type. Every habitable room shall contain at least two electrical convenience outlets or one convenience outlet and one electric light fixture. Every water closet compartment, bathroom, laundry room, furnace room and public hallway shall contain at least one electric light fixture. All electrical equipment, wiring and appliances

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shall be installed and maintained in a safe manner in accordance with the Electrical Code and all applicable laws.
503 – Ventilation
Ventilation for rooms and areas and for fuel -burning appliances shall be provided as required in the Mechanical Code and in this Code. Where mechanical ventilation is provided in lieu of the natural ventilation required by Section 304.3 of this Code, such mechanical ventilating system s shall be maintained in operational condition dur ing the occupancy of any building or portion thereof.

19.40.060 Exits
601 – Requirements Designated
All buildings or portions thereof shall be provided with exits, exitways and appurtenances as required by Chapter 10 of the Building Code or the Co des in effect at the time of construction, alteration or conversion.

A. Dwelling units or guestrooms shall have access directly to the outside or to a common or public corridor, passageway, or egress balcony .

B. Exit doors shall meet the minimum security requirements set forth in BMC Chapter 19.80. For sliding doors used as required exit doors, the manufacturer’s locking device shall be maintained in operational condition.

C. Every sleeping room below the fourth story shall have at least one operable window or exterior door approved for emergency escape or rescue. Such windows shall be operable from the inside to provide a full clear opening without the use of separate tools.

D. All escape or rescue windows from sleeping rooms shall have the required minimum net clear openings a nd finished sill heights. Escape or rescue windows shall not be obstructed from the outside of the building.

E. Security bars, grills, screens and covers placed over sleeping room windows or bedroom ext
erior doors, which provide the required emergency escape or rescue, shall comply with the Building Code and shall be openable or removable from within the room without the use of a key, tool, special knowledge or effort.

Any release mechanism shall be readily accessible and operable at all times.

Window bars, grills, screens and covers shall not reduce the net clear opening of the emergency escape and rescue opening.

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F. The installation of replacement glazing, or replacement windows shall be as required for new installations, when practical.

G. Means of egress including but not limited to stairs, ramps, walking surfaces, shall be maintained in safe working condition, shall not be obstructed in any manner and shall remain free of any material, matter or defect where its presence would obstruct or render the means of egress hazardous.

H. All handrails and guards shall be firmly fastened and capable of supporting code specified loads and shall be maintained in safe working condition.

19.40.070 Fire Protection
701 – General
All buildings or portions thereof shall be provided with the degree of fire-resistive construction as required by the Building Code for the appropriate occupancy, type of construction and location on property, and shall be provided with the appropriate fire- extinguishing systems or equipment required by Chapter 9 of the Building Code. 702 – Smoke Alarms

Smoke Alarms shall be installed per the manufacturer’s installation instructions in all residential occupancies and at the required locations as prescribed in the Building Code:

1. In each room used for sleeping purposes.

2. Outside each separate sleeping area in the immediate vicinity of the sleeping room.

3. On each story within a dwelling unit, including basements and habitable attic spaces. In units with split levels without an intervening door between the adjacent levels, a smoke alarm installed on the upper level shall suffice provided that the lower level is less than one full story below the upper level. 703 – Carbon Monoxide Alarms
Carbon Monoxide Alarms are required in all dwelling and sleeping units where one of the following exist:

1. The unit contains a fuel-fired appliance or fireplace.

2. The unit has an attached garage with an opening that communicates with the unit.

Carbon Monoxide Alarms shall be installed per manufacturer’s installation instructions and at the required locations as prescribed in the Building Code:

Ordinance No. 7,840-N.S. Page 20 of 39

1. Outside of each separate sleeping area in the immediate vicinity of the sleeping rooms.

2. On every occupiable level of a dwelling unit including basements and habitable attic spaces.

3. Inside each sleeping room where a fuel-burning appliance is located within the sleeping room or its attached bathroom.

Combination Alarms – Combination carbon monoxide/smoke alarms shall be an acceptable alternative to carbon monoxide alarms and smoke alarms.

19.40.080 Rental Housing Safety
801 – Findings
A. Berkeley has an aging rental housing stock where the majority of rental units are over 50 years old and, thus, are more likely to violate housing safety codes and endanger the health and safety of occupants and others. According to the 2020 census, 76% of all housing units, owner-occupied or rental units, are more than 50 years old.

B. There is a crisis in Berkeley’s rental housing market reflected in a reduced vacancy rate which increases the likelihood that tenants may not complain about unsafe conditions for fear of losing their homes.

C. Berkeley has a large number of tenants who are immigrants or who have special needs which makes it more difficult for them to be aware of and enforce their rights to safe accommodations.

D. There have been several tragic deaths that may have been avoided had there been a regular residential rental inspection program, an exterior elevated elements inspection program, and a safety education program.

E. An inspection made by a property owner in order to submit a certification pursuant to Subsection 803A is a necessary service pursuant to California Civil Code Section 1954(b) where the tenant/occupant has refused entry to a City inspector acting pursuant to this chapter.
802 – Purpose
The purpose of the Rental Housing Safety Program (RHSP) is to increase the number of rental units in the City that meet housing safety standards established by the City in order to ensure the occupants’ health and safety.

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803 – Residential Rental Housing Safety Certification—City Inspection in lieu of Self-Certifications—Exemptions
A. All owners of residential real property containing rental units and not otherwise exempt pursuant to Subsection 803.C shall annually certify that their rental unit(s) meet housing safety standards established by the City or seek an inspection by the City pursuant to Subsection 803.B. Self-certification shall be made in the manner set forth below:

1. Owners shall inspect each rental unit owned using the Rental Housing Safety Program Certification Checklist form required by the City.

2. Owners shall provide a copy of the completed Rental Housing Safety Program Certification Checklist to each tenant whose rental unit has been inspected. If the owner is unable to certify compliance with all applicable provisions of the checklist, including by reason of refusal of entry by the tenant, in addition to providing the completed form to the tenant, the owner shall submit a copy of the completed checklist to the City by email, mail or personal delivery. Owners shall provide the copy of the checklist to the tenant and, if applicable, a copy to the City within five days of completing the inspection and no later than July 1
st of each year beginning with July 1, 2004.

3. Any tenant may request that the City verify the accuracy of the representations made by the owner in the checklist. Further, all checklists submitted to the City shall be considered public information.

B. An owner or tenant may request that their residential rental unit(s) be inspected by the City to ascertain compliance with the housing safety standards. If the City is unable to conduct such inspection, the owner is nonetheless required to complete a checklist pursuant to Subsection 803.A. Such inspection may also determine compliance with all other applicable requirements relating to building safety.

C. Newly constructed residential rental units shall be exempt from the requirements of Section 803 for a period of five years following issuance of the Certificate of Occupancy for such units.

D. For those units where the City has determined that the tenant has refused entry to the owner to conduct the inspection necessary for completing the checklist, the City may seek a warrant for entry pursuant to California Code of Civil Procedure Sections 1822.51 and 1822.52
804 – Unlawful Alteration of Premises by Tenant/Occupant

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It shall be a violation of this chapter for any tenant/occupant to modify, damage, destroy or otherwise alter their premises in a manner which renders the premises in a condition which the City has determined violates applicable laws enforced by the City to such an extent as to endanger the safety of the public or the occupants thereof and the tenant/occupant has failed to correct the violation after receiving written notice and being given a reasonable opportunity to do so.
805 – Proactive Inspection of Rental Units
The City Manager or their designee may periodically inspect every residential rental unit in any real property in the City provided that no residential rental unit shall be subject to a Rental Housing Safety Program inspection on more than a triennial basis where such unit complies with the annual self-certification requirement, unless an inspection is required in response to a request for service or the City reasonably believes that the property may be in violation of applicable laws or ordinances. Nothing contained herein affects the ability of the Berkeley Fire Department to conduct annual inspections pursuant to Berkeley Municipal Code Chapter 19.48. Entry for inspection shall be as a result of either consent or execution of a warrant secured pursuant to California Code of Civil Procedure Sections 1822.51 and 1822.52.
806 – Reactive / Complaint Inspections
The City Manager or their designee may inspect those portions of residential rental properties, buildings, units or structures in response to a complaint. Any residential rental unit shall be inspected for code violations whenever information from the following sources indicates that a pertinent code violation may exist therein:

A. Complaint from a tenant that a code violation may exist; B. Direct referrals for inspection from other City officials with code enforcement responsibilities or from officials of a federal, state, or local agency, or from officials with a public or private utility; or
C. Reports that the exterior condition of a residential real property containing rental housing reflects the existence of code violations.
807 – Certificate of Compliance Issued When
If, upon the proactive or reactive inspection by the City of a residential rental unit within any real property, no violations of applicable laws or ordinances are determined to exist, a Certificate of Compliance shall be issued. Said certificate shall be given to the owner, manager (if requested) and affected resident(s) and shall state that the determination may be subject to an informal review by the Building Official if any affected party seeks

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such review within ten (10) days of the date of issuance of the Certificate of Compliance.
808 – Correction of Violations Required
A. Whenever any proactive or reactive inspection results in a determination that a rental unit is in violation of applicable laws or ordinances, the inspector shall promptly give the owner, manager (if any) and affected resident(s) written Notice of Violation as set forth on Section 1002 of this Code. Said notice shall specify a reasonable time to correct the violation, and shall state that the determination may be subject to an informal review by the Building Official if any affected party seeks such review within ten (10) days of the date of issuance of the Notice of Violation.

B. If the violation is corrected within the time specified, the owner, manager (if any) and resident(s) shall be so notified in writing, and a Certificate of Compliance shall be issued.

C. If the violations have not been corrected, enforcement, including reinspections, will continue until all violations are corrected.
809 – Violations
Any person who fails to comply with any provisions of Section 19.40.080 after receiving written Notice of Violation(s) and being given a reasonable opportunity to correct such violation(s) shall be deemed to be in violation of the Chapter and shall be subject to criminal sanctions and civil remedies pursuant to Subsection 810. 810 – Penalties
A. Any person violating any provision or failing to comply with any of the requirements of Section 19.40.080 shall be deemed guilty of an infraction as set forth in Chapter 1.20 of the Berkeley Municipal Code.

B. The City Attorney may bring a civil action to seek redress for a violation(s) under Section 19.40.080 on behalf of the City. In any such action, the City shall recover civil penalties in an amount not to exceed $500 for each violation and any other relief the court deems proper.

In any civil action filed pursuant to this subsection where the violation of Section

19.40.080 is declared to be a public nuisance, the prevailing party shall be entitled to recover reasonable attorneys’ fees and costs; provided that, pursuant to Government Section 38773.5, attorneys’ fees shall only be available in an action or proceeding in which the City has elected, at the commencement of such

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action or proceeding, to seek recovery of its own attorneys’ fees. In no action or proceeding shall an award of attorneys’ fees to a prevailing party exceed the amount of reasonable attorneys’ fees incurred by the City in the action or proceeding.

C. Any tenant may bring a civil action to establish that the owner of the property from which the tenant rents a dwelling unit has failed to provide the tenant with a copy of the Rental Housing Safety Program Certification Checklist or submit a copy of the Checklist to the City pursuant to Subsection 803.A.2. Such action may not be maintained where the City Attorney has commenced or is prosecuting an action against such violation. In any such action, the tenant shall recover civil penalties in an amount not to exceed $500 for each violation.

In any action brought under this subsection, the court shall award reasonable attorneys’ fees to any prevailing plaintiff. Any aggrieved person who initiates a civil action under this subsection shall file a copy of his or her complaint against the property owner and a copy of the court’s decision with the City.

19.40.090 Substandard Housing
901 – Substandard Housing – Defined
Pursuant to Health and Safety Code Section 17920.3 or its successor, any building or portion thereof including any dwelling unit, guestroom or suite of rooms, or the premises on which the same is located, in which there exists any of the following listed conditions to an extent that endangers the life, limb, health, property, safety, or welfare of the public or the occupants thereof shall be deemed and hereby is declared to be a substandard building:
(a) Inadequate Sanitati on shall include, but not be limited to, the following:
(1) Lack of, or improper water closet, lavatory, or bathtub or shower in a dwelling unit.
(2) Lack of, or improper water closets, lavatories, and bathtubs or showers per number of guests in a hotel.
(3) Lack of, or improper kitchen sink.
(4) Lack of hot and cold running water to plumbing fixtures in a hotel. (5) Lack of hot and cold running water to plumbing fixtures in a dwelling unit. (6) Lack of adequate heating.
(7) Lack of, or improper operation of required ventilating equipment. (8) Lack of minimum amounts of natural light and ventilation required by this code. (9) Room and space dimensions less than required by this code.

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(10) Lack of required electrical lighting.
(11) Dampness of habitable rooms.
(12) Infestation of insects, vermin, or rodents as determined by a health officer or, if an agreement does not exist with an agency that has a health officer, the infestation can be determined by a code enforcement officer, as defined in Section 829.5 of the Penal Code, upon successful completion of a course of study in the appropriate subject matter as determined by the local jurisdiction. (13) Visible mold growth, as determined by a health officer or a code enforcement officer, as defined in Section 829.5 of the Penal Code, excluding the presence of mold that is minor and found on surfaces that can accumulate moisture as part of their properly functioning and intended use.
(14) General dilapidation or improper maintenance.
(15) Lack of connection to required sewage disposal system. (16) Lack of adequate garbage and rubbish storage and removal facilities, as determined by a health officer or, if an agreement does not exist with an agency that has a health officer, the lack of adequate garbage and rubbish removal facilities can be determined by a code enforcement officer as defined in Section 829.5 of the Penal Code.
(b) Structural Hazards shall include, but not be limited to, the following:
(1) Deteriorated or inadequate foundations.
(2) Defective or deteriorated flooring or floor supports. (3) Flooring or floor supports of insufficient size to carry imposed loads with safety (4) Members of walls, partitions, or other vertical supports that split, lean, list, or buckle due to defective material or deterioration.
(5) Members of walls, partitions, or other vertical supports that are of insufficient size to carry imposed loads with safety.
(6) Members of ceilings, roofs, ceiling and roof supports, or other horizontal members which sag, split, or buckle due to defective material or deterioration. (7) Members of ceilings, roofs, ceiling and roof supports, or other horizontal members that are of insufficient size to carry imposed loads with safety. (8) Fireplaces or chimneys which list, bulge, or settle due to defective material or deterioration.
(9) Fireplaces or chimneys which are of insufficient size or strength to carry imposed loads with safety.
(c) Any Nuisance.
(d) Hazardous Wiring. All wiring, except that which conformed with all applicable laws in effect at the time of installation if it is currently in good and safe condition and working properly.

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(e) Hazardous Plumbing. All plumbing, except plumbing that conformed with all applicable laws in effect at the time of installation and has been maintained in good condition, or that may not have conformed with all applicable laws in effect at the time of installation but is currently in good and safe condition and working properly, and that is free of cross connections and siphonage between fixtures. (f) Hazardous Mechanical Equipment. All mechanical equipment, including vents, except equipment that conformed with all applicable laws in effect at the time of installation and that has been maintained in good and safe condition, or that may not have conformed with all applicable laws in effect at the time of installation but is currently in good and safe condition and working properly. (g) Faulty Weather Protection, which shall include, but not be limited to, the following:
(1) Deteriorated, crumbling, or loose plaster.
(2) Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations, or floors, including broken windows or doors.
(3) Defective or lack of weather protection for exterior wall coverings, including lack of paint, or weathering due to lack of paint or other approved protective covering. (4) Broken, rotted, split, or buckled exterior wall coverings or roof coverings. (h) Fire Hazard. Any building or portion thereof, device, apparatus, equipment, combustible waste, or vegetation that, in the opinion of the chief of the fire department or his deputy, is in such a condition as to cause a fire or explosion or provide a ready fuel to augment the spread and intensity of fire or explosion arising from any cause. (i) Faulty Materials of Construction. All materials of construction, except those that are specifically allowed or approved by this code, and that have been adequately maintained in good and safe condition.
(j) Hazardous or Insanitary Premises. Those premises on which an accumulation of weeds, vegetation, junk, dead organic matter, debris, garbage, offal, rodent harborages, stagnant water, combustible materials, and similar materials or conditions constitute fire, health, or safety hazards.
(k) Inadequate Maintenance. Any building or portion thereof that is determined to be an unsafe building due to inadequate maintenance, in accordance with the latest edition of the Uniform Building Code.
(l) Inadequate Exits. All buildings or portions thereof not provided with adequate exit facilities as required by this code, except those buildings or portions thereof whose exit facilities conformed with all applicable laws at the time of their construction and that have been adequately maintained and increased in relation to any increase in occupant load, alteration or addition, or any change in occupancy.

When an unsafe condition exists through lack of, or improper location of, exits, additional exits may be required to be installed.
(m) Inadequate Fire Protection. All buildings or portions thereof that are not provided with the fire-resistive construction or fire-extinguishing systems or equipment required by this code, except those buildings or portions thereof that conformed with all

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applicable laws at the time of their construction and whose fire-resistive integrity and fire-extinguishing systems or equipment have been adequately maintained and improved in relation to any increase in occupant load, alteration or addition, or any change in occupancy.
(n) Improper Occupancy. All buildings or portions thereof occupied for living, sleeping, cooking, or dining purposes that were not designed or intended to be used for those occupancies.
(o) Inadequate Structural Resistance to horizontal forces. "Substandard building" includes a building not in compliance with Health and Safety Code Section 13143.2.

However, a condition that would require displacement of sound walls or ceilings to meet height, length, or width requirements for ceilings, rooms, and dwelling units shall not by itself be considered sufficient existence of dangerous conditions making a building a substandard building, unless the building was constructed, altered, or converted in violation of those requirements in effect at the time of construction, alteration, or conversion.

The list of conditions, hazards and uses of property determined to be substandard is not intended to be exclusive. The Building Official is authorized to declare other and additional conditions, hazards and uses of property to be substandard if they endanger the health and safety of the residents or the public pursuant to this Code. 902 – Substandard Building – Nuisance
Buildings or portions thereof which are determined to be substandard, which substantially endanger the health and safety of residents or the public, as defined in Health & Safety Code §17920.3 or its successor are hereby declared to be public nuisances, which shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedures specified in this Code and Chapters 1 and 19.44 of the Berkeley Municipal Code.

19.40.100 Notices of the Building Official
1001 – Commencement of Proceedings
When the Building Official or an authorized representative has inspected or caused to be inspected any building subject to this Code and has found and determined that such building either has substandard conditions or is a substandard building which substantially endangers the health and safety of residents or the public, the Building Official may commence proceedings to cause the repair, rehabilitation, vacation or demolition of the building. Depending on the severity of conditions, the Building Official may begin enforcement efforts by issuing one or more Notices of Violation as set forth

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in Sections 1002 or may proceed immediately to issuing a Notice and Order including a declaration of substandard building as set forth in Section 1003.

If substandard conditions are not abated following issuance of one or more Notices of Violation or if conditions deteriorate to the point they substantially endanger the health and safety of residents or the public, the Building Official may proceed to issuing a Notice and Order.
1002 – Notice of Violation
1002.1 Issuance of Notice of Violation. Whenever an inspector appointed by the Building Official inspected a building or portion thereof and determined that a violation of this Code exists, the inspector shall issue a written Notice of Violation directed to the owner of record of the property. For the purpose of this Code, complying with a Notice of Violation is considered voluntary code compliance, not subject to administrative penalties or appeals to the Commission. The intent of issuing a Notice of Violation is to advise an owner of each violation and of each action the owner is required to take to remedy the violation. A re-inspection shall be scheduled to verify correction of the violations.

The Notice of Violation shall contain:

A. The street address sufficient for identification of the premises upon which the building is located.

B. D escription of the codified violation(s).

C. The specific action required to correct the violation and a request that the violations be corrected within the specific time period listed in the Notice.

D. The scheduled re-inspection date and time.

E. T he Notice shall specify that any permits, if required, be secured and the work physically commenced and completed within such time as the Building Official shall determine is reasonable under all of the circumstances, but not less than 30 days, unless an immediate hazard exists
1002.2 Service of Notice of Violation. The Notice of Violation may be served by US mail, in a sealed envelope, postage prepaid, addressed to such person to be notified at their last known business or residence address as the same appears in the public records of the City or other records pertaining to the matter to which such Notice is directed, or may be served personally on the owner, or if the owner is not present, a copy of the Notice may be posted on the property. Service by mail shall be deemed to have been completed at the time of deposit in the post office.

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1002.3 Compliance Re-inspections. Compliance re-inspections shall be conducted to verify that the violations identified on the Notice of Violation have been abated.

Violations not noted on the initial Notice of Violation, but discovered during any re- inspection due to subsequent activities, damage or deterioration, shall also be subject to correction.
1002.4 Inspection Service Fees. No inspection fees shall be charged for the initial housing inspection or inspection report. If violations have been verified to be corrected at the time of the first re-inspection, no re-inspection fees shall be charged. If the violations have not been corrected, a fee shall be assessed for the first and subsequent re-inspections, in accordance with the fee schedule established by Council. 1002.5 Recordation of Notice of Violation. If compliance with the Notice of Violation is not obtained within the time specified therein, the Building Official may file in the Office of the County Recorder a Notarized Statement describing the property and certifying (i) that the building is in violation of Berkeley Municipal Code, and (ii) that the owner has been so notified. The notarized statement shall include the information set forth in Subsections 1002.1.B and 1002.1.C of this Code. Whenever the cited corrections are completed and any outstanding inspection service fees paid, the Building Official shall file a new Notarized Statement with the County Recorder certifying that all required corrections have been made so that the building is no longer in violation of Berkeley Municipal Code.
1003 – Notice and Order
1003.1 Issuance of Notice and Order. Whenever a building, or portion thereof, has been determined to be a substandard building, which substantially endangers the health and safety of residents or the public, either due to the severity of substandard conditions or due to failure to repair pursuant to proceedings specified in Section 1002, the Building Official shall issue a Notice and Order directed to the owner of record of the building.

The Notice and Order shall contain:

A. The street address and a legal description sufficient for identification of the premises upon which the building is located.

B. A statement that the Building Official has found the building to be a substandard building substantially endangering the health and safety of residents or the public, with a brief and concise description of the conditions which render the building substandard under the provisions of Sections 901 and 902 of this Code.

Ordinance No. 7,840-N.S. Page 30 of 39
C. A statement of the action required to be taken as determined by the Building Official. If in the opinion of the Building Official, the substandard conditions can be corrected or abated by repair thereof, the Notice shall state the repairs which will be required.

1. If the Building Official has determined the building or structure must be repaired, the Order shall require that all required permits be secured and the work physically commenced within such time (not to exceed 60 days from the date of the Order) and completed within such time as the Building Official shall determine is reasonable under all of the circumstances, but not less than 30 days.

2. If the Building Official has determined that the building or structure must be vacated, the Order shall require the building or structure be vacated within a certain time from the date of the Order as determined by the Building Official to be reasonable, but not less than 30 days.

3. If the Building Official has determined the building or structure must be demolished, the Order shall require that the building be vacated within such time as the Building Official shall determine reasonable (not to exceed 60 days from the date of the Order), that all required permits be secured within 60 days from the date of the Order and the demolition be completed within such time as the Building Official shall determine is reasonable, but in no event less than 30 days.

D. Statements advising that if any required repair or demolition work is not commenced within the time specified, the Building Official may:

1. Order the building vacated and posted to prevent further occupancy until the work is completed; and

2. Proceed to cause the work to be done and charge the costs thereof against the property or its owner.

E. Statements advising that:

1. Any person having any record or title or legal interest in the building may appeal the Notice and Order or any action of the Building Official to the Commission as set forth in Chapter 19.44 of this Code; and

2. Failure to appeal will constitute a waiver of all right to an administrative hearing and determination of the matter. The Notice shall include a copy of Chapter 19.44 of this Code.

Ordinance No. 7,840-N.S. Page 31 of 39
F. A statement that, in accordance with Revenue & Taxation Code Sections 17274 and 24436, a tax deduction may not be allowed for interest, taxes, depreciation, or amortization paid or incurred in the taxable year.

G. A determination whether the repairs necessary to abate the violation(s) can reasonably be accomplished without relocation of the tenant household in possession of the unit or room as set forth in Chapter 13.84 Section 13.84.050 of the Berkeley Municipal Code.
1003.2 Service of Notice and Order. The Notice and Order, and any amended or supplemental notice and order, shall be served upon the record owner, and posted on the property; and one copy thereof shall be served on each of the following if known to the Building Official or disclosed from official public records; the holder of any mortgage or deed of trust or other lien or encumbrance of record; the owner or holder of any lease of record; and the holder of any other estate or legal interest of record in or to the building or the land on which it is located. The failure of the Building Official to serve any person listed above shall not invalidate any proceeding hereunder as to any person duly served or relieve any such person from any duty or obligation imposed by the provisions of this section. In addition, the Notice and Order shall be served on tenants. 1003.3 Method of Service. Service of the Notice and Order shall be made upon all persons entitled thereto either personally or by mailing a copy of such Notice and Order by certified mail, postage prepaid, return receipt requested, to each such person at their address as it appears on the last Equalized Assessment Roll of the County or as known to the Building Official. If no address of any such person so appears or is known to the Building Official, then a copy of the Notice and Order shall be so mailed, addressed to such person, at the address of the building involved in the proceedings. The failure of any such person to receive such Notice shall not affect the validity of any proceedings taken under this section. Service by certified mail in the manner herein provided shall be effective on the date of mailing. Service on tenants may be by first class mail. 1003.4 Proof of Service. Proof of Service of the Notice and Order shall be certified to at the time of service by a written declaration, together with any receipt card returned in acknowledgment of receipt by certified mail, shall be affixed to the copy of the Notice and Order retained by the Building Official, either as an electronic record or a hard copy.

The proof of service may be signed with an electronic signature. 1003.5 Appeals. Orders of the Building Official may be appealed as set forth in Chapter

19.44. For purposes of this Code, orders of the Building Official, or, on appeal, of the Commission or City Council, shall be final as set forth in Chapter 19.44. 1004 – Repair, Vacation and Demolition

Ordinance No. 7,840-N.S. Page 32 of 39
In ordering the repair, vacation or demolition of any substandard building or structure, the following standards shall be followed:

A. In general, any building or structure or portion thereof declared substandard shall be repaired in accordance with the current Building Code or other current code applicable to the type of substandard conditions requiring repair.

B. If the building or structure, or portion thereof, substantially endangers the health or safety of its occupants or the public, it shall be ordered to be vacated, secured and maintained against entry, and the Building Official or Commission shall require its expeditious repair.

C. If a building or structure constitutes an imminent and substantial danger to the health or safety of the public, Chapter 1.24 of the Berkeley Municipal Code shall apply.

D. If an entire building or structure is declared to be substandard the owner may elect to demolish it instead so long as the right to such election is preserved by state law.
1005 – Notice to Vacate
1005.1 Posting. Every Notice to Vacate shall, in addition to being served as provided in Sections 1003.2 – 1003.5, be posted at or upon each main exit of the building, and shall be in substantially the following form:

DO NOT ENTER

UNSAFE TO OCCUPY
It is a misdemeanor to occupy this building, or to remove or deface this notice.

Building Official of City of Berkeley
1005.2. Compliance. Whenever such Notice is posted, the Building Official shall include a notification thereof in the Notice and Order issued under Section 1003, reciting the emergency and specifying the conditions which necessitate the posting. No person shall remain in or enter any building which has been so posted, except that entry may be made to repair, demolish, or remove such building under Permit. No person shall remove or deface any such Notice after it is posted until the required repairs or demolition have been completed and the Building Official has approved occupancy of the building. Any person violating this subsection shall be guilty of a misdemeanor. 1006 – Recordation of Notice and Order

Ordinance No. 7,840-N.S. Page 33 of 39
If compliance is not obtained with a final Order within the time specified therein, the Building Official shall file in the Office of the County Recorder a Certified Statement describing the property and certifying (i) that the building is a substandard building, and (ii) that the owner has been so notified. The certified statement shall include the information set forth in Subsections 1003.1.B and 1003.1.C. The Proof of Service required by Section 1003.4 shall also be recorded with the Notice and Order. Whenever the corrections ordered are thereafter completed, or the building demolished so that it no longer exists as a substandard building, the Building Official shall file a new Certified Statement with the County Recorder certifying that the building has been demolished or all required corrections have been made so that the building is no longer substandard, whichever is appropriate.
1007 – Post-Disaster Safety Assessment
After a natural or human-caused disaster event, the Building Official or an authorized representative shall conduct a rapid safety assessment inspection of a damaged or potentially damaged building or portion thereof to evaluate safety and habitability for continued use and to determine the need for restricted or prohibited entry. Upon completion of a safety assessment, the Building Official or an authorized representative shall post the appropriate placard at each entry point to a building following the procedure set forth in Berkeley Municipal Code 19.28.020 Section 116.6.

19.40.110 Enforcement of Orders
1101 – Failure to Obey Order
1101.1 Failure to Obey Order. After any Order made pursuant to Sections 1003 or 1005 of this Code has become final, no person to whom any such Order is directed shall fail, neglect, or refuse to obey any such Order.
1101.2 Initiation of Abatement Proceedings. After any Order made pursuant to Sections 1003 or 1005 of this Code has become final, and the person to whom it is directed fails, neglects or refuses to obey such Order within the period set forth therein, the Building Official may institute any appropriate action to abate such building or structure as a public nuisance. However, if such building is encumbered by a mortgage or deed of trust, of record, the mortgagee or beneficiary under such deed of trust may, within 15 days after the expiration of the period set forth in the Order, comply with the requirements of the Order, in which event the cost to such mortgagee or beneficiary shall be added to and become a part of the lien secured by said mortgage or deed of trust and shall be payable at the same time and in the same manner as may be prescribed in said mortgage or deed of trust for the payment of any taxes advanced or paid by said mortgagee or beneficiary for and on behalf of said owner.

Ordinance No. 7,840-N.S. Page 34 of 39
1101.3 Repair, Vacation, Demolition. In addition to any other remedy herein provided, the Building Official may vacate, repair or demolish the building, take any other appropriate action, or institute any other appropriate proceeding, if any of the following occur:

1. The repair work is not done as scheduled;

2. The owner does not make a timely choice of repair or demolition; or

3. The Building Official determines that the owner has selected an option which cannot be completed within a reasonable period of time for any reason, including, but not limited to, an outstanding Judicial or Administrative Order.

In making the election permitted by this section, the Building Official shall give preference to the repair of the building whenever it is economically feasible to do so, as long as it is not necessary to repair more than 50% of the building, and shall give full consideration to the needs for housing as expressed in the City of Berkeley Housing Element. The cost of any repair or demolition work may be recovered in the manner hereinafter provided in this Code. Any surplus realized from the sale of any such building, or from the demolition thereof, over and above the cost of demolition and of cleaning the lot shall be paid over to the person or persons lawfully entitled thereto. 1102 – Extension of Time to Perform Work
Upon receipt of an application from the person required to conform to the Order and by agreement of such person to comply with the Order if allowed additional time, the Building Official may grant an extension of time, not to exceed an additional 120 days, within which to complete said repair, rehabilitation or demolition, if the Building Official determined that such an extension of time will not create or perpetuate a situation imminently dangerous to life or property. The Building Official’s authority to extend time is limited to the physical repair, rehabilitation or demolition of the premises and will not in any way affect or extend the time to appeal the Notice and Order. 1103 – Interference with Repair or Demolition Work Prohibited No person shall obstruct, impede or interfere with any officer, employee, contractor or authorized representative of the City or with any person who owns or holds any estate or interest in any building which has been ordered repaired, vacated or demolished under the provisions of this Code, or with any person to whom such building has been lawfully sold pursuant to the provisions of this Code, whenever such officer, employee, contractor or authorized representative of this jurisdiction, person having an interest or estate in such building or structure, or purchaser is engaged in the work of repairing, vacating and repairing, or demolishing any such building pursuant to the provisions of

Ordinance No. 7,840-N.S. Page 35 of 39
this Code, or in performing any necessary act preliminary to or incidental to such work or authorized or directed pursuant to this Code.

19.40.120 Performance of Repair or Demolition
1201 – Performance
1201.1 Procedure. When any repair or demolition is done pursuant to Section 1101.3 of this Code, the Building Official shall cause the work to be accomplished by City personnel or by private contract under the direction of the Building Official, subject to the City of Berkeley Charter. Plans and specifications therefore may be prepared by the Building Official, or the Building Official may employ such architectural and engineering assistance on a contract basis as may be deemed reasonably necessary. 1201.2 Costs. The costs of such work shall be paid from the Repair and Demolition Fund, and may be recovered from the owner as set forth herein. 1202 – Repair and Demolition Fund
1202.1 Establishment of Repair and Demolition Fund. The City Council may establish a special revolving fund to be designated as the Repair and Demolition Fund.

Subject to the City of Berkeley Charter, payments shall be made out of said Fund upon the demand of the Building Official to defray the costs and expenses which may be incurred by this jurisdiction in doing or causing to be done the necessary work of repair or demolition of substandard buildings.
1202.2 Maintenance of Fund. The City Council may at any time transfer to the Repair and Demolition Fund, out of any money in the General Fund of the City, such sums as it may deem necessary in order to expedite the performance of the work of repair or demolition, and any sum so transferred shall be deemed a loan to the Repair and Demolition Fund and shall be repaid out of the proceeds of the collections herein after provided for. All funds collected under the proceedings hereinafter provided for shall be paid to the Treasurer of the City, who shall credit the same to the Repair and Demolition Fund.

19.40.130 Recovery of Cost of Repair or Demolition
1301 – Recovery of Costs
1301.1 Account and Report of Expense. The Building Official shall keep an itemized account of the expense incurred by the City in the repair or demolition of any building done pursuant to the provisions of Section 1101.3 of this Code. Upon the completion of the repair or demolition, the Building Official shall prepare a report specifying the work done and the cost thereof. The report shall be verified by the Building Official, and shall

Ordinance No. 7,840-N.S. Page 36 of 39
show the itemized and total reasonable gross and net expense of the actions taken, including the expense of inspections, repairs or demolition and any other costs incurred, as well as any proceeds from salvage. The report shall also contain a statement advising:

1. T hat any person having any record or title or legal interest in the building may appeal from the report and demand of the Building Official to the Commission as set forth in Chapter 19.44 of this Code, and

2. T hat failure to appeal will constitute a waiver of all right to an administrative hearing and determination of the matter.

The notice shall include a copy of Chapter 19.44 of this Code. 1301.2 Posting and Service. The Building Official shall post this report and a demand for payment in a conspicuous location at the property, and shall serve them upon the record owner, and each of the following if known to the Building Official or disclosed from official public records: the holder of any mortgage or deed of trust or other lien or encumbrance of record; the owner or holder of any lease of record; and the holder of any other estate or legal interest of record in or to the building or the land on which it is located.
1301.3 Proof of Service. Proof of service of the report and demand shall be certified to at the time of service by a written declaration, together with any receipt card returned in acknowledgment of receipt by certified mail, shall be affixed to the copy of the Notice and Order retained by the Building Official, either as an electronic record or a hard copy.

The failure of the Building Official to serve any person required herein to be served shall not invalidate any proceeding hereunder as to any person duly served or relieve any such person from any duty or obligation imposed by the provisions of this Section. 1301.4 Appeals. The report and demand may be appealed by any person interested in or affected by the proposed charge as set forth in Chapter 19.44. For purposes of this Code, the report and demand of the Building Official, or, on appeal, of the Commission or City Council, shall be final and effective as set forth in Chapter 19.44. 1302 – Personal Obligation and Special Assessment
Charges confirmed and imposed in a final order by the City shall be a personal obligation of the property owner and an assessment against the property involved under Government Code Section 38773.1. The City may collect these charges in any manner permitted by law, and may elect to change the nature of the assessment as set forth in Section 1.24.140 of the Berkeley Municipal Code.
1303 – Repayment of Repair and Demolition Fund

Ordinance No. 7,840-N.S. Page 37 of 39
All money recovered by payment of the charge or assessment or from the sale of the property at foreclosure sale or in any other manner shall be deposited in the Repair and Demolition Fund.

19.40.140 Recovery of Costs for Housing Code Enforcement and Administration
1401 – Fees
1401.1 Establishment of Fees. The City Council may by resolution establish fees for the enforcement and administration of the Berkeley Housing Code and the Rental Housing Safety Program.
1401.2 Recovery of Delinquent Housing Inspection Program Fees and Administrative Citations. Unpaid housing inspection program fees established pursuant to this section, including annual flat fees, inspection service fees, late payment fees, administration lien fees, and administrative citations, which are more than 30 days delinquent shall constitute a debt that is collectible in any manner allowed by law, including, but not limited to: (1) the filing of a civil action in the Alameda County superior court; and/or (2) the recordation of a lien with the Alameda County recorder’s office provided the responsible person has a legal interest in the property on which the violation was located; and/or (3) by means of a special assessment with Alameda County for inclusion on property taxes provided the responsible person has a legal interest in the property on which the violation was located; and/or (4) by denying the issuance or renewal of any city approval, license, entitlement, or permit to any responsible person who has failed to pay fees that are imposed pursuant to this section.

The remedies may be concurrently used to collect unpaid fees. Such delinquent fees or citations shall be a lien or special assessment on the property. 1401.3 – Appeals.

A. Any
person aggrieved by any decision of an administrative officer or agency with respect to the amount of fees charged under the Rental Housing Safety Program, may appeal to the City Manager by filing a notice of appeal with the City Manager within 14 days of the billing notice, setting forth in full the grounds of the appeal.

B. Said appeal shall be scheduled for hearing by the City Manager or his/her designee, and the appellant shall be given no less than 14 days’ notice of the time and place of said hearing.

C. The appellant may appear at the time and place fixed in the notice and present his/her appeal. If the appellant fails to appear in compliance with the notice or to obtain a continuance, the appellant shall be deemed to have waived any and all grounds of appeal that could have been asserted against the City.

Ordinance No. 7,840-N.S. Page 38 of 39
D. Within 30 days after the conclusion of the hearing, the City Manager or his/her designee shall notify the appellant in writing of the decision, which shall be final.

If the decision establishes an amount due and payable, the total amount shall be due and payable as of the date the original fee was due and payable, together with any penalties that may be due.
1401.4 – Lien or Special Assessment Procedures.

Unless a different procedure is authorized elsewhere in this code, where the code authorizes the city to record a lien or impose a special assessment for any unpaid fee, citation, fine, cost, charge, or other monies, the following procedures shall apply:

1. Notification Procedure
A lien may be recorded or a special assessment may be imposed upon real property subject to the Rental Housing Safety Program if the unpaid fees or citations are not paid within 30 calendar days of written Notice thereof.

A. Such Notice must have advised the owner(s) of the subject property in plain language of the city’s intent to record a lien or impose a special assessment if the fee, citation, fine or other monies were not paid within 30 calendar days, the amount of the proposed lien, a description of the basis for the amount(s) comprising the lien, and notice that if the owner contests the costs, they have ten calendar days from the date of service of the notice to file objections to the costs and request a hearing on the reasonableness of the costs. The failure of the owner to request a hearing within ten calendar days of the date of service of the Notice shall constitute a waiver of the owner’s right to a hearing.

B. Service of Notice under this section shall be by first class and certified mail to the address of record of the owner of the property per Alameda County’s Assessor’s Office.

C. Where the City Council designates another hearing body should the property owner(s) exercise their right to be heard, the hearing body shall make a written recommendation to the City Council that shall include factual findings based on evidence introduced at the hearing. The City Council may adopt the recommendation without further notice of hearing, or may set the matter for a de novo hearing before the City Council.

2. Liens
A. The lien shall be recorded in the Alameda County recorder’s office and from the date of recording shall have the force, effect, and priority of a judgment lien.

B. A lien authorized by this section shall specify the amount of the lien for the city, the name of the city department or division on whose behalf the lien is

Ordinance No. 7,840-N.S. Page 39 of 39
imposed, the date upon which the lien was created, the street address, legal description and assessor’s parcel number of the parcel on which the lien is imposed, and the name and address of the recorded owner of the parcel.

C. In the event that the lien is discharged, released, or satisfied, notice of the discharge shall be recorded by the city.

D. The city may recover from the property owner any costs incurred regarding the processing and recording of the lien.

3. Special Assessments
A. It shall be the duty of the City Manager (or designee thereof) to submit the charges to the Alameda County Auditor – Controller Agency to add the amounts of the assessment, or assessments, to the next regular property tax bills.

B. The amount of the assessment shall be collected at the same time and in the same manner as ordinary property taxes are collected. All laws applicable to the levy, collection and enforcement of property taxes shall be applicable to such assessment.

C. The amount of a special assessment shall also constitute a personal obligation of the property owner.
1401.5 Failure to Comply. Any person violating any provision or failing to comply with any of the requirements of the Berkeley Housing Code shall be deemed guilty of an infraction as set forth in Chapter 1.20 of the Berkeley Municipal Code.

Section 3. This ordin ance shall become effective on January 1, 2023.

Section 4. Copies of this Ordinance shall be posted for two days prior to adoption in the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way. Within 15 days of adoption, copies of this Ordinance shall be filed at each branch of the Berkeley Public Library and the title shall be published in a newspaper of general circulation.

At a regular meeting of the Council of the City of Berkeley held on November 3, 2022, this
Ordinance was passed to print and ordered published by posting by the following vote:

Ayes: Bartlett, Droste, Hahn, Harrison, Kesarwani, Robinson, Taplin, Wengraf, and Arreguin.

Noes: None.

Absent: None.

Attachment 2
Explanation of Significant Changes to the Berkeley Housing Code

New Code
Section in

19.40 Title Prior BMC or Uniform
Housing Code (UHC)
Section or New Content
Description of / Rationale for Significant
Changes

19.40.010 General Provisions
101 Title BMC 19.40.010
102 Purpose New section based on
UHC Section 102
Clarifies purpose of the Berkeley Housing
Code.
103 Scope and Applicability New section based on
UHC Section 103 with
staff clarifications
Clarifies applicability and identifies how the
Berkeley Housing Code supplements other
BMC sections.
104 Authority BMC 19.40.020 Sec. 201.1
105 Rights of Entry BMC 19.40.020 Sec. 201.2
106 Responsibilities defined BMC 19.40.020 Sec. 201.3
107 Owner or representative to live on
premises
BMC 19.40.100 Section
1701

108 Violations BMC 19.40.020 Sec. 204
109 Housing Advisory and Appeals Board BMC 19.40.020 Sec. 203

19.40.020 Definitions BMC 12.48.030,
UHC Section 401 with
added definitions
Definitions expanded to be more complete
and coordinated with the California
Building Code and Health & Safety Code.

19.40.030 Space and Occupancy Standards New section based on UHC Chapter 5 with staff
clarifications.

Subsection 304.3D is a
local amendment from
the Berkeley Mechanical
Code.

Incorporated into the BMC since the 1997
UHC is out of publication.

Starting in 2008, the Building and
Mechanical Codes allowed habitable spaces
to use artificial lighting and outdoor air
mechanical ventilation in lieu of window
openings for natural light and ventilation.

This is not reflected in the currently

New Code
Section in

19.40 Title Prior BMC or Uniform
Housing Code (UHC)
Section or New Content
Description of / Rationale for Significant
Changes
adopted 1997 UHC. Since different
requirements apply to habitable spaces
constructed or altered after 2008, this
section reconciles the difference between
the Berkeley Housing Code and the
California Building Code and incorporates
alternative ventilation and lighting
requirements for those buildings
constructed or altered after 2008.

Ceiling height reductions added to Section
303.1 reducing the ceiling height from 7’6”
to 7’ and 6’8” in certain instances and room
floor area reduction from 120 sq ft to 70 sq
ft in Section 303.2 for one- and two-family
dwellings in coordination with the
California Residential Code.

The Berkeley Mechanical Code has a local
amendment mandating that residential
kitchen ranges or cooktops be provided
with a vented hood. This amendment has
been incorporated into the Housing Code
Subsection 304.3 D for transparency and to
make the information more accessible to
inspectors and the public.

Section 606 added clarifying how interior
surfaces of residential buildings are to be
maintained.

New Code
Section in

19.40 Title Prior BMC or Uniform
Housing Code (UHC)
Section or New Content
Description of / Rationale for Significant
Changes

19.40.040 Structural Requirements
401, 402, 403 Structural Requirements UHC Section 601 Incorporated into the BMC since the 1997 UHC is out of publication.
404 Structural Maintenance BMC 19.40.035 and BMC

12.48.055
Exterior Elevated Elements (E3) inspection
requirements updated to be consistent
with the Health and Safety Code, with a 6-
year inspection cycle for rental units and a
9-year cycle for condos and the same
licensed professionals authorized to
perform inspections. The State excluded
structural pest control operators and added
certified building inspectors and building
officials who are not employees of the
jurisdiction.

19.40.050 Mechanical and Electrical
Requirements

501 Heating BMC 19.40.040 Section
701.1
Revised temperature that heating systems
in habitable spaces need to be able to
maintain from 70°F to 68°F to reflect
changes in the California Building Code and
Energy Code. Added a requirement that
water provided to plumbing fixtures shall
be supplied at a temperature of not less
than 110°F as specified in the CCR Title 25
State Housing Law.
502 Electrical Equipment UHC Section 701.2 Incorporated into the BMC since the 1997 UHC is out of publication.
503 Ventilation UHC Section 701.3 Incorporated into the BMC since the 1997 UHC is out of publication.

New Code
Section in

19.40 Title Prior BMC or Uniform
Housing Code (UHC)
Section or New Content
Description of / Rationale for Significant
Changes

19.40.060 Exits New section based on
UHC Chapter 8 with staff
clarifications
Incorporated into the BMC since the 1997
UHC is out of publication.

Added reference to minimum security
requirements for exit doors in BMC 19.80.

Clarification added regarding minimum net
clear openings and requirement that egress
windows not be obstructed. Section 601.F
on means of egress added for ease of
reference.

Added window security bar regulations
from the California Building Code and
Health and Safety Code 17958.3.

Clarification added that replacement
windows shall be as required for new
installations to be consistent with the
California Building Code.

19.40.070 Fire Protection New based on UHC
Section 901, California
Building Code Chapter 9
and Health and Safety
Code 17926
Incorporated into the BMC since the 1997
UHC is out of publication.

Also, for reference purposes, this section
incorporates smoke alarm and carbon
monoxide alarm provisions from the
California Building Code Chapter 9 and
Health and Safety Code 17926.

19.40.080 Rental Housing Safety 12.48 Since the Rental Housing Safety Program (RHSP) is under the jurisdiction of the

New Code
Section in

19.40 Title Prior BMC or Uniform
Housing Code (UHC)
Section or New Content
Description of / Rationale for Significant
Changes
Building Official, RHSP provisions contained
in BMC 12.48 were moved to BMC

19.40.080.
801 Findings BMC 12.48.010 Outdated findings (previous 12.48.010 C and D) deleted per HAC recommendation.
802 Purpose BMC 12.48.020
803 Residential rental housing safety
certification
BMC 12.48.050 Added the option of emailing the checklist, in addition to mailing or personal delivery.

Deleted the three-year exemption from
proactive housing inspections for units
which have had an inspection and received
a certificate of compliance. Currently, the
RHSP conducts a comprehensive inspection
when responding to a tenant complaint. In
the future, the RHSP may modify this
practice to limit reactive inspections to the
tenant’s concerns and inspect all units on a
cyclical basis, based on LA’s model. This
would eliminate the administrative step of
checking if there has been an inspection in
the unit in the last three years. Removing
this from the Code would allow flexibility in
the future.
804 Unlawful alteration of premises by
tenant/occupant
BMC 12.48.060
805 Periodic inspection of rental dwelling
unit
BMC 12.48.070
806 Reactive/Complaint Inspections New BMC 19.40.070 incorporates current BMC

12.48 of the RHSP, Berkeley’s proactive

New Code
Section in

19.40 Title Prior BMC or Uniform
Housing Code (UHC)
Section or New Content
Description of / Rationale for Significant
Changes
inspection program. BMC Section 806 has
been added regarding complaint-based
inspections. The subsequent code sections
describe procedures for both proactive and
reactive inspections.
807 Certificate of Compliance issued when BMC 12.48.070 Removed that the certificate of compliance will be valid for three years, for the reason
explained above for section 803.
808 Correction of violations required BMC 12.48.080
809 Violations BMC 12.48.100
810 Penalties BMC 12.48.110

19.40.090 Substandard Housing
901 Substandard housing - Defined BMC 19.40.020 Section 202 with added definition
from Health and Safety
Code
For reference purposes, this section
incorporates the entire list of substandard
conditions from the California Health and
Safety Code 17920.3. Headings have been
bolded for ease of understanding.
902 Substandard building - Nuisance BMC 19.40.020 Sec. 202

19.40.100 Orders of the Building Official BMC 19.40.060 1001 Commencement of proceedings BMC 19.40.060 Section
1101 (a)

1002 Notice of violation New Added to reflect current procedures.

Berkeley begins with a Notice of Violation
to encourage voluntary compliance before
progressing to a Notice and Order, unless
substandard conditions are severe.
1003.1 Notice and order BMC 19.40.060 Section
1101 (b)
1003.1.G New
1003.1.G added for clarity to cross
reference the relocation ordinance per HAC
recommendation.

New Code
Section in

19.40 Title Prior BMC or Uniform
Housing Code (UHC)
Section or New Content
Description of / Rationale for Significant
Changes
1003.2 Service of notice and order BMC 19.40.060 Section 1101 (c)

1003.3 Method of service BMC 19.40.060 Section
1101 (d)

1003.4 Proof of service BMC 19.40.060 Section
1101 (e)

1003.5 Appeals BMC 19.40.060 Section
1101 (f)

1004 Repair, vacation and demolition BMC 19.40.060 Section 1102

1005 Notice to vacate BMC 19.40.060 Section
1103

1005.1 Posting BMC 19.40.060 Section
1103 (a)

1005.2 Compliance BMC 19.40.060 Section
1103 (b)

1006 Recordation of notice and order BMC 19.40.060 Sec. 1104 1007 Post-Disaster Safety Assessment New Provides inspection procedures post- disaster.

19.40.110 Enforcement of Orders BMC 19.40.070

19.40.120 Performance of Repair or Demolition BMC 19.40.080

19.40.130 Recovery of Cost of Repair or
Demolition
BMC 19.40.090

19.40.140 Recovery of Costs for Housing Code
Enforcement and Administration
BMC 19.40.110 and BMC

12.48.090

1401.1 Establishment of Fees BMC 19.40.110 Section
1801 (a) and BMC

12.48.090.A

New Code
Section in

19.40 Title Prior BMC or Uniform
Housing Code (UHC)
Section or New Content
Description of / Rationale for Significant
Changes
1401.2 Recovery of delinquent Rental Housing
Safety Program fees and administrative
citations
BMC 19.40.110 Section
1801 (b)

1401.3 Appeals BMC 12.48.120
1401.4 Lien or special assessment procedures New and BMC

12.48.090.B
Adopts more specific lien and special
assessment procedures to strengthen their
enforceability and specifies that these
apply to administrative citations as well as
inspection and annual fees.
1401.5 Failure to comply BMC 19.40.110 Section
1801 (c)

Deletions from 19.40

19.40.030 Deleted outdated language in BMC 19.40.030 including outdated code references.

Previously Adopted Section of 1997 Uniform Housing Code that is no longer included Chapter 3 Permits and Inspections (covered under administrative provisions of BMC 19.28 Berkeley Building Code and BMC 19.40.080 Housing Inspections)

Attachment 3

NOTICE OF PUBLIC HEARING

BERKELEY CITY COUNCIL

ADOPTION OF BERKELEY HOUSING CODES

The Department of Planning and Development is proposing that the City Council adopt second reading of an Ordinance repealing Berkeley Municipal Code (BMC) Chapter

12.48 (Residential Rental Housing Safety Program), and repealing and re-enacting BMC 19.40 (Berkeley Housing Code), incorporating BMC Chapter 12.48 into BMC Chapter 19.40.

The hearing will be held on November 29, 2022 at 6:00 p.m. The hearing will be held via videoconference pursuant to Government Code Section 54953(e) and the state declared emergency.

A copy of the agenda material for this hearing will be available on the City’s website at www.berkeleyca.gov as of November 17, 2022. Once posted, the agenda for this meeting will include a link for public participation using Zoom video technology.

For further information, please contact Jenny McNulty, Resilient Buildings Program Manager, Planning and Development Department, 510-981-7451.

Written comments should be mailed directly to the City Clerk, 2180 Milvia Street, Berkeley, CA 94704, or emailed to [email protected] in order to ensure delivery to all Councilmembers and inclusion in the agenda packet.

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

If you do not want your contact information included in the public record, please do not include that information in your communication. Please contact the City Clerk at 981- 6900 or [email protected] for further information.

Published: November 11 & November 18, 2022
California Government Code section 50022.3

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ I hereby certify that the Notice for this Public Hearing of the Berkeley City Council was posted at the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way, as well as on the City’s website, on November 17, 2022.

__________________________________
Mark Numainville, City Clerk

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

ACTION CALENDAR
November 29, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Mark Numainville, City Clerk
Subject: Return to In-Person City Council Meetings and Status of Meetings of City Legislative Bodies

RECOMMENDATION
Review the public health meeting protocols and advise on any revisions to be implemented for the return to in-person regular meetings at the December 6, 2022 regular meeting.

FISCAL IMPACTS OF RECOMMENDATION
Depending on the public health measures in place for hybrid meetings, additional costs may be incurred, likely under $10,000.

CURRENT SITUATION AND ITS EFFECTS
On October 19, 2022 the Agenda & Rules committee discussed the return to in-person meetings and recommended that the City Council return to in-person meetings starting with the December 6, 2022 meeting. The in-person meetings of the City Council will continue to allow for remote participation by the public.

For hybrid meetings staff developed protocols for members of the public in attendance and the City Council. With the changing public health conditions related to COVID-19, these meeting protocols need to be reviewed and revised prior to the December 6 meeting. The current version of the protocols that were last used in June 2022 are attached for review (Att. 1).

The council may discuss and advise on modification to these protocols in advance of the December 6 meeting. The primary topics for review are the requirements for masking, distancing, and proof of vaccination. The Public Health Officer has reviewed the protocols and made suggested revisions based on the current public health orders in place and the most recent public health data available (Att. 2).

The final, revised protocols will be made available to the public through the city’s website and communication channels.

Return to In-Person City Council Meetings and Status of ACTION CALENDAR Meetings of City Legislative Bodies November 29, 2022

BACKGROUND
Governor Newsom announced that he will end the statewide emergency declaration for COVID-19 on February 28, 2023. Rescinding the emergency declaration will end the exemptions to the Brown Act that were codified in AB 361. These exemptions allowed for remote participation by members of the legislative bodies without the need to notice the remote participation location or make the remote location accessible to the public.

In the past legislative session, AB 2449 was signed into law to extend the Brown Act exemptions in AB 361, but only for certain circumstances and for a limited duration of time. The provisions of AB 2449 are cumbersome and complicated and do not provide any long-term extension of the Brown Act exemptions used during the statewide declared emergency. A summary of AB 2449 is attached to this report (Att. 3).

After February 28, 2023, if a member of the City Council participates remotely, but does not qualify for the exemptions in AB 2449, the remote location will be listed on the agenda, and the remote location must be available to the public.

Hybrid Meetings of the City Council
Since the start of the pandemic in March of 2020, the City Council has held six hybrid meetings from the Boardroom. These hybrid meetings allowed for in-person participation and virtual participation for the public and the City Council. The meetings were successful from a technology and logistics standpoint and a regular return to hybrid meetings should be manageable from a staff and meeting management perspective. Resources and processes will be continuously evaluated by staff throughout the transition to a regular hybrid meeting structure.

City staff will continue to test the Boardroom technology with the IT Department, BUSD IT, and Berkeley Community Media to ensure smooth functionality. Communication with the public about the return to in-person (hybrid) meetings will be sent out through multiple channels in advance of December 6.

Status of Other Legislative Bodies
City boards and commissions have been meeting virtual-only during the state declared emergency. When the state declared emergency expires on February 28, 2023, these bodies will return to in-person only meetings.

With over 30 commissions, there are approximately 350 commission meetings per year.

Often there are multiple commissions meeting on the same day. The City does not currently have the videoconference infrastructure in place to provide for hybrid meetings for commissions. In addition, in a hybrid setting it is more difficult to manage and conduct meetings while attempting to provide meaningful participation by commissioners and the public. City staff will communicate with commission secretaries and commissioners to facilitate the transition back to in-person meetings. Staff will also analyze the costs for expanding videoconference capabilities throughout the City.

Return to In-Person City Council Meetings and Status of ACTION CALENDAR Meetings of City Legislative Bodies November 29, 2022
City Council policy committees may have the potential to meet in a hybrid format after February 28, 2023. In order to accommodate hybrid meetings, the videoconference capabilities in 2180 Milvia will need to be significantly expanded. This analysis is currently underway.

Based on the discussion at the Agenda & Rules Committee meeting on October 31, 2022, it is planned for the Council to continue to make the required findings to allow for virtual only meetings for policy committees and commissions. These legislative bodies will meet in a virtual-only setting through February 2023.

For both commissions and policy committees, the potential, future videoconference participation in the meeting is for the public only. The members of the legislative bodies will be at the physical meeting location as previously discussed.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Providing for remote participation in City Council meetings reduces vehicle trips and GHG emissions. It also provides for the participation by persons with dependent care responsibilities and persons with disabilities.

RATIONALE FOR RECOMMENDATION
The meeting protocols are being brought forward for discussion and the direction of the Agenda & Rules Committee to facilitate the return to in-person meetings brought on by the Governor’s pending rescission of the state declared emergency.

ALTERNATIVE ACTIONS CONSIDERED
The Council may return to full in-person meetings prior to the rescission of the state emergency declaration and my decide to allow for in-person only participation by the public.

CONTACT PERSON
Mark Numainville, City Clerk, (510) 981-6900
Attachments:
1: In-Person Meeting Protocols from May 2022
2: In-Person Meeting Protocols with November 2022 Revisions 3: Summary of AB 2449 (Remote Participation)

Attachment 1
Hybrid Meeting Policies for City Council Meetings
Revised May 2022
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-6900 ● TDD: (510) 981-6903 ● Fax: (510) 981-6901 E-Mail: [email protected] Website: http://www.berkeleyca.gov The policy below covers the conduct of hybrid City Council meetings (in-person and remote participation) held in accordance with the Government Code and any relevant Executive Orders or State declared emergencies. These administrative policies supplement the City Council Rules of Procedure and Order.

City Council policy committees and city boards and commissions will continue to meet in a virtual-only setting until the City Council makes the required findings under state law that in-person meetings may resume.

I. Vaccination Status
Prior to entry, all in-person attendees at the meeting location must present valid proof of “up-to-date” COVID-19 vaccination or a verified negative test conducted within one day prior for an antigen test or two days prior for a PCR test. An attendee is “up-to-date” with their vaccinations if:
 It has been less than 2 months after receiving the initial dose of their Johnson & Johnson Vaccine.
 It has been less than 5 months after receiving the second dose of their two-dose Pfizer or Moderna initial series.
 The attendee has received a booster.

Pre-entry negative testing
Definition: Testing must be conducted within one day for an antigen test and within two days for a PCR test prior to entry into an event. Results of the test must be available prior to entry into the facility or venue. Children under 2 years of age are exempt from the testing requirement, consistent with CDC guidance.

Verification: See current CDPH Updated Testing Guidance and CDPH Over- the-Counter Testing Guidance for acceptable methods of proof of negative COVID-19 test result and information on Over-the-Counter tests. Note: Self- attestation may not be used to verify negative test result, even when using Over-the-Counter (or at home tests) for entry into Indoor Mega Events. https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/COVID-19/Beyond- Blueprint-Framework.aspx
II. Health Status Precautions
If a person who desires to attend the meeting in-person is feeling sick, including but not limited to, cough, shortness of breath or difficulty breathing,

2 fever or chills, muscle or body aches, vomiting or diarrhea, or new loss of taste or smell, they will be advised to attend the meeting remotely.

If an in-person attendee has been in close contact, as defined below, with a person who has tested positive for COVID-19 in the past five days, they are advised to attend the meeting remotely.

Close contact is defined as being within approximately 6 feet for greater than 15 minutes over 24 hours within 2 days before symptoms appear (or before a positive test for asymptomatic individuals); or having contact with COVID-19 droplets (e.g., being coughed on while not wearing recommended personal protective equipment).

A voluntary sign in sheet will be available at the meeting entry for in-person attendees. This will assist with contact tracing in case of COVID-19 contact resulting from the meeting.

III. Face Coverings/Mask
Face coverings or masks that cover both the nose and mouth are required for all attendees at an in-person City Council meeting. Face coverings will be provided by the City and available for attendees to use at the meeting.

Members of the City Council, city staff, and the public are required to wear a mask at all times, except when speaking publicly from the dais or at the public comment podium.

If an attendee at a Council meeting is not wearing a mask, a mask will be offered to them to use. If the attendee refuses to wear a mask, a recess will be called in order to provide guidance to the attendee on the requirement and their options for attending remotely and in-person.

Private security personnel will be the primary person for requesting compliance. If removal of a non-compliant person is needed, law enforcement personnel will perform this task.

IV. Physical Distancing
Currently, there are no physical distancing requirements in place by the State of California or the Local Health Officer for an indoor event similar to a Council meeting.

Audience seating capacity will be at regular allowable levels per the Fire Code. The relevant capacity limits will be posted at the meeting location.

3 However, all attendees are requested to be respectful of the personal space of other attendees. An area of the public seating area will be designated as “distanced seating” to accommodate persons with a medical status that requires distancing and for those that choose to distance for personal health reasons.

Conference room capacity is limited to 15 persons.

City staff will present remotely in order to reduce the number of persons in the Boardroom and back conference area.

Distancing is encouraged for the dais and partitions will be used as needed for the seating positions on the dais.

V. Protocols for Remote Participation by Mayor or Councilmembers Upon the repeal of the state-declared emergency, all standard Brown Act requirements will be in effect for members of the Council participating remotely. For the Mayor and Councilmembers participating remotely, the remote location must be accessible to the public and the public must be able to participate and give public comment from the remote location.  A Councilmember at a remote location will follow the same policies as the Boardroom with regards to vaccination status and testing requirements, health status precautions, and masking requirements.  A Councilmember at a remote location may impose reasonable capacity limits at their location.

VI. Hand Washing/Sanitizing
There are hand sanitizing stations placed at the entry and strategically throughout the Boardroom. The bathrooms have soap and water for handwashing.

VII. Air Flow/Circulation/Sanitizing
Berkeley Unified Facilities Staff performs a vigorous cleaning process after each use of the Boardroom. BUSD upgraded all HVAC filtration to MERV13, and with the inclusion of Needlepoint BiPolar Ionization, is achieving a rating that is closer to MERV18. Additionally, BUSD installed indoor air quality monitoring sensors in all facilities that constantly monitor Volatile Organic Compounds, CO2, Relative Humidity, and Temperature. The sensors and alarms allow BUSD to ensure that all systems are working properly and as

4 designed. If a sensor trips an alarm, a work order request is generated immediately to ensure the system is repaired expeditiously.

VIII. Overflow in Gymnasium
An overflow indoor seating area will be available at the West Campus Gymnasium if staff determines that attendance is likely to exceed the capacity of the Boardroom. The capacity of the gymnasium is 200 persons. The overflow area will have a broadcast of the meeting in progress to allow participants to follow the proceedings and move to the Boardroom at the appropriate time to provide public comment if desired. This area will be monitored by the BUSD security personnel.

IX. In-Meeting Procedures
Revised and Supplemental Materials
All revised and supplemental materials for items on the agenda submitted after 12:00pm (noon) the day prior to the meeting must be submitted to the City Clerk in both paper AND electronic versions.
 Paper: 42 copies delivered to the Boardroom (distributed per normal procedure)
 Electronic: e-mailed to the Agenda Inbox (posted online) Communications from the Public
The public may submit communications in hard copy at the Boardroom or electronically to [email protected]. To ensure that both in-person and remote Councilmembers receive the communication, the public should submit 10 copies at the Boardroom and send the electronic version to the e-mail listed above.

Attachment 2
Hybrid Meeting Policies for City Council Meetings
Revised May 2022November 2022
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-6900 ● TDD: (510) 981-6903 ● Fax: (510) 981-6901 E-Mail: [email protected] Website: http://www.berkeleyca.gov The policy below covers the conduct of hybrid City Council meetings (in-person and remote participation) held in accordance with the Government Code and any relevant Executive Orders or State declared emergencies. These administrative policies supplement the City Council Rules of Procedure and Order.

City Council policy committees and city boards and commissions will continue to meet in a virtual-only setting until the City Council makes the required findings under state law that in-person meetings may resume.

I. Vaccination Status
All attendees are encouraged to be fully up to date on their vaccinations including any boosters for which they are eligible.Prior to entry, all in-person attendees at the meeting location must present valid proof of “up-to-date” COVID-19 vaccination or a verified negative test conducted within one day prior for an antigen test or two days prior for a PCR test. An attendee is “up- to-date” with their vaccinations if:
 It has been less than 2 months after receiving the initial dose of their Johnson & Johnson Vaccine.
 It has been less than 5 months after receiving the second dose of their two-dose Pfizer or Moderna initial series.
 The attendee has received a booster.

Pre-entry negative testing
Definition: Testing must be conducted within one day for an antigen test and within two days for a PCR test prior to entry into an event. Results of the test must be available prior to entry into the facility or venue. Children under 2 years of age are exempt from the testing requirement, consistent with CDC guidance.

Verification: See current CDPH Updated Testing Guidance and CDPH Over- the-Counter Testing Guidance for acceptable methods of proof of negative COVID-19 test result and information on Over-the-Counter tests. Note: Self- attestation may not be used to verify negative test result, even when using Over-the-Counter (or at home tests) for entry into Indoor Mega Events. https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/COVID-19/Beyond- Blueprint-Framework.aspx
II. Health Status Precautions
If a person who desires to attend the meeting in-person is feeling sick, including but not limited to, cough, shortness of breath or difficulty breathing,

2 fever or chills, muscle or body aches, vomiting or diarrhea, or new loss of taste or smell, they will be advised to attend the meeting remotely.

If an in-person attendee has been in close contact, as defined below, with a person who has tested positive for COVID-19 in the past five days, they are advised to attend the meeting remotely.

Close contact is defined as someone sharing the same indoor airspace, e.g., home, clinic waiting room, airplane etc., for a cumulative total of 15 minutes or more over a 24-hour period being within approximately 6 feet for greater than 15 minutes over 24 hours within 2 days before symptoms of the infected person appear (or before a positive test for asymptomatic individuals); or having contact with COVID-19 droplets (e.g., being coughed on while not wearing recommended personal protective equipment).

A voluntary sign in sheet will be available at the meeting entry for in-person attendees. This will assist with contact tracing in case of COVID-19 contact resulting from the meeting.

Members of the City Council are encouraged to take a rapid COVID-19 test on the day of the meeting if participating in-person.

III. Face Coverings/Mask
Face coverings or masks that cover both the nose and mouth are required for all attendees at an in-person City Council meeting. Face coverings will be provided by the City and available for attendees to use at the meeting.

Members of the City Council, city staff, and the public are required to wear a mask at all times, except when speaking publicly from the dais or at the public comment podium, although masking is recommended even when speaking.

If an attendee at a Council meeting is not wearing a mask, a mask will be offered to them to use. If the attendee refuses to wear a mask, a recess will be called in order to provide guidance to the attendee on the requirement and their options for attending remotely and in-person.

Private security personnel will be the primary person for requesting compliance. If removal of a non-compliant person is needed, law enforcement personnel will perform this task.

3 IV. Physical Distancing
Currently, there are no physical distancing requirements in place by the State of California or the Local Health Officer for an indoor event similar to a Council meeting.

Audience seating capacity will be at regular allowable levels per the Fire Code. The relevant capacity limits will be posted at the meeting location.

However, all attendees are requested to be respectful of the personal space of other attendees. An area of the public seating area will be designated as “distanced seating” to accommodate persons with a medical status that requires distancing and for those that choose to distance for personal health reasons.

Conference room capacity is limited to 15 persons.

City staff will present remotely in order to reduce the number of persons in the Boardroom and back conference area.

Distancing is encouraged for the dais and partitions will be used as needed for the seating positions on the dais.

V. Protocols for Remote Participation by Mayor or Councilmembers Upon the repeal of the state-declared emergency, all standard Brown Act requirements will be in effect for members of the Council participating remotely. For the Mayor and Councilmembers participating remotely, the remote location must be accessible to the public and the public must be able to participate and give public comment from the remote location.  A Councilmember at a remote location will follow the same policies as the Boardroom with regards to vaccination status and testing requirements, health status precautions, and masking requirements.  A Councilmember at a remote location may impose reasonable capacity limits at their location.

VI. Hand Washing/Sanitizing
There are hand sanitizing stations placed at the entry and strategically throughout the Boardroom. The bathrooms have soap and water for handwashing.

4 VII. Air Flow/Circulation/Sanitizing
Berkeley Unified Facilities Staff performs a vigorous cleaning process after each use of the Boardroom. BUSD upgraded all HVAC filtration to MERV13, and with the inclusion of Needlepoint BiPolar Ionization, is achieving a rating that is closer to MERV18. Additionally, BUSD installed indoor air quality monitoring sensors in all facilities that constantly monitor Volatile Organic Compounds, CO2, Relative Humidity, and Temperature. The sensors and alarms allow BUSD to ensure that all systems are working properly and as designed. If a sensor trips an alarm, a work order request is generated immediately to ensure the system is repaired expeditiously. In addition, the windows and exterior doors may be opened to allow for more air circulation if weather and air quality allow.

VIII. Overflow in Gymnasium
An overflow indoor seating area will be available at the West Campus Gymnasium if staff determines that attendance is likely to exceed the capacity of the Boardroom. The capacity of the gymnasium is 200 persons. The overflow area will have a broadcast of the meeting in progress to allow participants to follow the proceedings and move to the Boardroom at the appropriate time to provide public comment if desired. This area will be monitored by the BUSD security personnel.

IX. In-Meeting Procedures
Revised and Supplemental Materials
All revised and supplemental materials for items on the agenda submitted after 12:00pm (noon) the day prior to the meeting must be submitted to the City Clerk in both paper AND electronic versions.
 Paper: 42 copies delivered to the Boardroom (distributed per normal procedure)
 Electronic: e-mailed to the Agenda Inbox (posted online) Communications from the Public
The public may submit communications in hard copy at the Boardroom or electronically to [email protected]. To ensure that both in-person and remote Councilmembers receive the communication, the public should submit 10 copies at the Boardroom and send the electronic version to the e-mail listed above.

Attachment 3
Summary of AB 2449
Current Law
Under current law [AB 361 (R. Rivas), Chapter 165, Statutes of 2021], The exemptions included in AB 361 only apply during a declared state of emergency as defined under the California Emergency Services Act. (Gov. Code §§ 52953(e)(1), (e)(4).) In addition, one of the following circumstances must apply:
 State or local officials have imposed or recommended measures to promote social distancing.
 The legislative body is meeting to determine whether, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.  The legislative body has determined that, as a result of the emergency, meeting in person presents imminent risks to the health or safety of attendees.

With the lifting of the State of Emergency, the provisions of AB 361 cannot be met, and therefore localities must return to pre-pandemic Brown Act provisions.

Recently Enacted Legislation on Remote Meetings
The State legislature recently enacted, and the Governor signed AB 2449 (Rubio) [Chapter 285, Statutes of 2022] which provides under incredibly limited circumstances, the ability to have a minority amount of a Brown Act body members participate remotely. The measure is slated to sunset January 1, 2026.

General Requirements

1. A quorum of the council must participate in person at its public meeting site within the boundaries of the jurisdiction (e.g., city hall/council chambers).

2. A member who wishes to participate remotely must have either “just cause” or “emergency circumstances.”
“Just cause” is defined as:
• A childcare or caregiving need of a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner that requires the councilmember to participate remotely. • A contagious illness that prevents a member from attending in person. • A need related to a physical or mental disability not otherwise accommodated under the ‘reasonable accommodation’ provisions of the Americans with Disabilities Act. • Travel while on official business of the legislative body or another state or local agency. “Emergency circumstances” is defined as “a physical or family medical emergency that prevents a member from attending in person.”
Procedures and Limitations
A. When using the ‘Just cause’ exception:

1. The elected/appointed official must provide a general description of the circumstances relating to their need at the earliest opportunity possible, including at the start of the meeting.

2. A councilmember may not appear remotely due to “just cause” for more than two meetings per calendar year.

Attachment 3
B. When using the ‘emergency circumstances’ exception:

1. The elected/appointed official must give a general description of the emergency circumstances, but the member is not required to disclose any medical diagnosis, disability, or personal medical information.

2. The governmental body must take action to approve the request prior to the remote participant being able to participate in any further business.

C. In all circumstances the following must occur:

1. The elected/appointed official must disclose at the meeting before any action is taken whether any other individuals 18 years of age or older are present in the room at the remote location with the member, and the general nature of the member's relationship with any such individuals.

2. The member must participate through both audio and visual technology (e.g., the member must be on-screen).

D. Limited use despite narrow circumstances:

1. A member cannot attend meetings remotely for a period of more than three consecutive months or 20 percent of the regular meetings for the local agency within a calendar year, or more than two meetings if the legislative body regularly meets fewer than 10 times per calendar year.

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

ACTION CALENDAR
November 29, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Liam Garland, Director, Department of Public Works Subject: Adeline Street at Ashby BART Conceptual Design

RECOMMENDATION
Adopt a Resolution approving the Plaza with Two-Lane Adeline option as the conceptual design for a street reconfiguration and new plaza along Adeline Street between Ashby Avenue and Martin Luther King Jr. Way, and authorizing the City Manager to direct staff to proceed with the detailed engineering design of the project.

SUMMARY
The Adeline Street at Ashby BART project consists of the redesign of Adeline Street between Ashby Avenue and Martin Luther King Jr. Way (MLK) in order to increase safety for pedestrians and people bicycling, while also meeting the needs of public transit and emergency vehicles. Features include a narrowing of the street primarily through a reduction in the number of traffic lanes and a new plaza on the west side of Adeline Street. The proposed design concept was based on previously adopted plans, policies, a Council referral, and refined through engagement with the public and stakeholders, including Bay Area Rapid Transit District (BART) staff and Board Directors, AC Transit staff, the Berkeley Flea Market Board and vendors, and the Ed Roberts Campus management and tenant organizations. Additional community engagement will continue as the high-level conceptual designs for the Adeline Street right-of-way at the Ashby BART are refined.

FISCAL IMPACTS OF RECOMMENDATION
The recommendation has no fiscal impacts.

CURRENT SITUATION AND ITS EFFECTS
The project responds in part to a City Council Budget Referral (February 11, 2020) calling for an analysis of “the potential for a major redesign of the section of Adeline St. between MLK Way and Ward St., to improve the public space to increase safety for pedestrians, cyclists, and people living with disabilities, while also meeting the needs of public transit and emergency vehicles.” The Referral requests that a two-lane option that reduces the width of the street be prioritized.

Adeline at Ashby BART Conceptual Design ACTION CALENDAR November 29, 2022

Following the approval of the above-described Referral, Adeline Street was prioritized for safety improvements through the City’s planning efforts. It was identified as a high- injury street for severe and fatal traffic crashes in the Berkeley Vision Zero Action Plan, which was adopted in March 2020. Adeline Street south of Ashby Avenue was also identified in the Berkeley Pedestrian Plan (January 2021) as one of the City’s top ten street segments recommended for pedestrian safety treatments based primarily on its high rate of severe traffic crashes with pedestrian victims.

Simultaneous to these planning efforts, the Adeline Corridor Specific Plan (ACSP) (December 2020) set goals related to transportation safety, including to improve intersection crossing safety for pedestrians, to provide universal access to improve mobility and safety for persons with disabilities, and to create new bicycle facilities integrated with the City’s bicycle network. The ACSP also set a goal to improve transit and connections to transit. For the segment of Adeline between Ashby and MLK, the ACSP maintained the existing number of vehicle travel lanes and identified the west side of Adeline Street next to the Ashby BART station as a public space opportunity and as a future location for a cycle track.

The project also supports future housing development plans for the Ashby BART station by designing future plaza space that could accommodate the needs of the Berkeley Flea Market that currently utilizes the parking lot (west of Adeline Street), as reflected in recently approved zoning and City and BART Memorandum of Agreement (MOA) for the North Berkeley and Ashby BART Station Areas. Amenities anticipated to be located on the future plaza could include stationary artwork (e.g. a memorial wall to acknowledge the history of the Berkeley Flea Market and the Lorin District), a stage area for events, and a children’s play area. Other amenities being considered, which may possibly be provided through the future development of the current western parking lot site, are public restrooms and a storage room for custodial equipment. The MOA establishes a timeline for milestones for the Ashby TOD project that includes “City Council agreement on roadway reconfiguration for Adeline Street” in November 2022.

The proposed conceptual design responds to the Budget Referral and the adopted plans and policies by incorporating pedestrian crossing safety improvements (including converting the intersection of Adeline and MLK into a right-angle intersection), a plaza and southbound protected bikeway (cycle track) along the west of Adeline, and transit priority treatments, as described in further detail below.

Project Description
This project focuses on right-of-way options for the segment of Adeline Street between Ashby Avenue and Martin Luther King Jr. Way. It is related to other planning efforts for the entire length of Adeline Street in Berkeley (“the Adeline Corridor”) and for mixed-use development on surface parking lots at Ashby BART Station.

The goals developed through and for the Adeline Street at Ashby BART project are as follows:

Adeline at Ashby BART Conceptual Design ACTION CALENDAR November 29, 2022

 Enhance safety for all users through management of vehicle speeds, reduced crossing distances for pedestrians, and provision of a separated bicycle facility along the entire segment
 Increase public space by expanding sidewalk widths and exploring the potential of a new permanent location for the Berkeley Flea Market, which may be relocated as a result of future development at the Ashby BART station.  Support bus transit operations by incorporating designs that increase safety for bus riders, facilitate bus and shuttle operations, improve passenger connections to BART, and reduce potential bus-bike conflicts.  Accommodate passenger and freight loading for businesses along the corridor, including Berkeley Bowl and Ed Roberts Campus.  Implement inclusive engagement practices and coordinate public outreach across ongoing projects within the study area to reach a larger and broader audience and provide multiple opportunities for meaningful interactions Conceptual Design Options
As shown in Attachments 1 and 2, two conceptual design options (Options 1: Linear Plaza, Two Vehicle Travel Lanes and Dedicated Bus Lanes, and Option 2: Linear Plaza, Two Vehicle Travel Lanes with Bus Queue Jump Only) were developed for the Adeline Street at Ashby BART project based on prior adopted plans, new outreach and engagement efforts with institutional stakeholders, and public input. Each of these design options has an optional expanded plaza at the south end, pending the identification of funding for the podium that would need to be constructed to accommodate this expanded plaza.

Option 1 – Plaza with Adeline Bus Lanes
 Approximately 40,000 square feet of plaza space on the west side of Adeline  Reduction in number of general purpose traffic lanes on Adeline from four (two each direction) to two (one each direction)
 Dedicated northbound and southbound bus lanes, with the southbound bus lane utilized as a parking lane on weekends for vendor and customer access to the plaza
 Southbound protected bikeway in the form of a raised path on the east side of the plaza
 Currently skewed intersection of Adeline/MLK converted to a right-angle intersection
 Option: plaza expanded westward near its south end over a podium, depending on funding availability – approximately 52,000 square feet of plaza

Adeline at Ashby BART Conceptual Design ACTION CALENDAR November 29, 2022

Option 2 – Plaza with Two-Lane Adeline
 Approximately 53,000 square feet of plaza space on the west side of Adeline  Reduction in number of general purpose traffic lanes on Adeline from four (two each direction) to two (one each direction)
 Transit queue jump lane on Adeline southbound approaching the Ashby intersection in order to prioritize bus travel and reduce bus delay through the narrowed segment of Adeline between Ashby and MLK (traffic analysis found no delay northbound so this is only recommended southbound)  Southbound protected bikeway in the form of a raised path on the east side of the plaza
 Currently skewed intersection of Adeline/MLK converted to a right-angle intersection
 Option: plaza expanded westward near its south end over a podium, depending on funding availability – approximately 65,000 square feet of plaza Traffic Analysis Results
The traffic analysis completed for the project initially showed that the proposed reduction in the number of traffic lanes from four to two (from two lanes each direction to one lane each direction) would increase traffic delay in the PM peak period at the Adeline/Ashby intersection by nearly one minute southbound and nearly thirty seconds northbound, and at the Adeline/MLK intersection by less than ten seconds making the left turn from Adeline onto MLK southbound, with no change in the delay for the right turn to continue on Adeline northbound. This initial analysis assumed no change in the signal timing. By optimizing the signal timing, however, the delay in the PM peak period caused by the traffic lane reduction was lowered at the Adeline/Ashby intersection to less than ten seconds northbound, with no additional delay southbound. This signal timing optimization also eliminated the delay at the Adeline/MLK intersection for traffic making the left turn from Adeline onto MLK southbound and making the right turn to continue on Adeline northbound. The dedicated bus lanes in Option 1 and the dedicated southbound intersection queue jump lane in Option 2 would further reduce delay for transit.

BACKGROUND
Adeline Street historically carried Key System interurban streetcars that connected downtown Berkeley with Oakland, Emeryville and, by way of ferries and later the Bay Bridge, San Francisco. The project area was known historically as the Lorin District and was part of a string of streetcar suburbs. The Key System rail service on Adeline ended in 1958, at which time it was replaced by bus service. In 1970, several blocks of residential and commercial buildings, including along the west side of Adeline between Ashby Avenue and Martin Luther King Jr. Way (then called Grove Street), were demolished to build the Ashby BART station and parking lots. Adeline Street was widened in the process. In addition to the high toll on the neighborhood caused by the displacement of long-time residents and families, these changes had the effect of

Adeline at Ashby BART Conceptual Design ACTION CALENDAR November 29, 2022

making Adeline Street more challenging to cross on foot and by bike, and likely increased motor traffic speeds.

The ACSP responded to these challenges by setting goals to improve safety for people walking and biking along and across Adeline Street and by calling for specific safety treatments, as described above. The Adeline at Ashby BART project further develops these plans for safety treatments.

Public Engagement
City staff, in coordination with BART staff, engaged in an extensive stakeholder engagement process. This included meeting with the Berkeley Flea Market Board and vendors, AC Transit staff, and Ed Roberts Campus management and tenant organizations. City and BART staff conducted multiple weekend site visits at the Berkeley Flea Market to engage with vendors, including hosting an information table on September 17, 2022, at which a vendor survey was administered. In addition, City staff met with the Berkeley Flea Market Board to get their input about the project on several occasions between January and August 2022, and held an in-person vendor meeting to receive their input on September 28, 2022. Following this engagement, the City received extensive public input through a well-attended public meeting with over 120 attendees held on October 3, 2022. Option 2 was by far the preferred option among attendees. Some attendees expressed concern that traffic would divert onto MLK northbound as a result of the project. However, the proposed signal timing would keep Adeline competitive with MLK as a route such that there is not anticipated to be a time- savings advantage to diverting onto MLK, which would be an inducement for drivers not to divert onto MLK.

The conceptual design options for the project were presented to the Transportation and Infrastructure Commission on October 20, 2022. It was motioned and seconded (Walton/Greenberg) as follows: “The Transportation and Infrastructure Commission recommends to Council moving forward with option 2. We would like the following four items to also be considered:

1. Creating accessible pedestrian and wheelchair access from the plaza to the BART station entrance on the western edge of the Adeline plaza with 24/7 access and that does not solely rely on functional elevators;

2. Continuing efforts to realize the vision in the Adeline corridor plan for shopfronts in the new development to meet the western edge of the Adeline plaza to ensure activation of the plaza through business and community activity;

3. Continuing to investigate all possible solutions to increase safety, possibly by reducing crossing distances and eliminating slip turn lanes, at the Adeline/Ashby intersection as it will potentially be considered with Reconnecting Communities grant along Ashby; and

4. Looking for additional grant opportunities, such as Safe Routes to Transit, to improve pedestrian access to the station from the surrounding areas.”

Adeline at Ashby BART Conceptual Design ACTION CALENDAR November 29, 2022

The motion passed six to zero. Note that the Reconnecting Communities grant and Safe Routes to Transit grants referenced in the language of the Motion are a new federal funding program administered by the United States Department of Transportation and a regional funding program administered by the Metropolitan Transportation Commission, respectively. The City has applied for a Reconnecting Communities grant to fund a study and conceptual design to improve the safety of intersections and pedestrian, bicycle, and vehicular crossings along Ashby Avenue from Telegraph Avenue to San Pablo Avenue. Awards are anticipated to be announced early in 2023.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Installation of a protected bikeway and improved pedestrian crossings are anticipated to increase walking and biking, which is consistent with the 2009 Berkeley Climate Action Plan Policy that calls for expanding and improving Berkeley’s bicycle and pedestrian infrastructure. The 2009 Berkeley Climate Action Plan sets targets of reducing transportation emissions 80% below year 2000 levels by 2050. The Plan further states that transportation modes such as public transit, walking, and bicycling must become the primary means of fulfilling the City’s mobility needs in order to meet these targets.

RATIONALE FOR RECOMMENDATION
Approval of the conceptual design will allow the City to continue to work with BART on plans to develop housing, including affordable housing, on the current site of the Ashby BART station western parking lot by identifying a potential future location to accommodate the Berkeley Flea Market that currently uses the station parking lot. This action will also keep the project on track to compete for capital grant funding for detailed design and construction of the plaza and street reconfiguration.

ALTERNATIVE ACTIONS CONSIDERED
Council could decide not to approve the conceptual design for the project or could opt to approve the proposed design concept for only a subset of project segments.

CONTACT PERSON
Farid Javandel, Deputy Director of Public Works for Transportation (510) 981-7061 Beth Thomas, Principal Planner, Public Works (510) 981-7068 Attachments:
1: Resolution
Exhibit A: Adeline Street at Ashby BART Design Concept: Plaza with Two-Lane Adeline
2: Other Conceptual Design Option Considered: Plaza with Adeline Bus Lanes 3: Adeline Street at Ashby BART Preliminary Conceptual Designs: Summary of Community Meeting (10/3/22) and Office Hours (10/6/22)

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

ADELINE AT ASHBY BART CONCEPTUAL DESIGN
WHEREAS, the project corridor includes Adeline Street from Ashby Avenue to Martin Luther King Jr. Way; and
WHEREAS, the Berkeley Vision Zero Action Plan has documented severe and fatal crashes on Adeline Street; and the Berkeley Pedestrian Plan has identified Adeline Street between Ashby Avenue and Stanford Avenue as one of the top ten street segments in Berkeley in need of pedestrian safety treatments; and WHEREAS, the City has zoned for housing on the current site of the Ashby BART station western parking lot currently used by the Berkeley Flea Market, creating the need for a new public plaza that could accommodate the Berkeley Flea Market and other public uses; and
WHEREAS, with the support of a design consultant team, City staff have identified conceptual design options for the project corridor; sought public input on and analyzed those conceptual design options; and have selected a recommended conceptual design for consideration by the Berkeley City Council; and
WHEREAS, the recommended design includes a public plaza and physically protected bikeway on the west side of Adeline Street between Ashby Avenue and Martin Luther King Jr. Way, in addition to pedestrian safety features, as shown in Exhibit 1 to this Resolution; and
WHEREAS, approval of the Adeline at Ashby BART Project recommended conceptual design will keep the project on schedule to compete for capital grants for detailed design and construction by 2025.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to direct staff to proceed with the preliminary engineering and detailed engineering design of the Adeline at Ashby BART Project, based on the recommended conceptual design with Two-Lane Adeline option as the conceptual design for a street reconfiguration and new plaza along Adeline Street between Ashby Avenue and Martin Luther King Jr. Way, pending identification of funding.

Adeline Street at Ashby BART Design Concept: Plaza with Two-Lane Adeline (Layout View) Exhibit A

Adeline Street at Ashby BART Design Concept: Plaza with Two-Lane Adeline (Cross-Section View) Exhibit A
New plaza edge roughly aligns with the Adeline
Street median edge that is closest to the BART
Station 14 ft. wider than Option 1
v

Attachment 2
Other Conceptual Design Option Considered: Plaza with Adeline Bus Lanes (Layout View)

Edge of the new plaza roughly aligns with the
white dashed lane stripe between the two
existing southbound lanes of Adeline Street
Other Conceptual Design Option Considered: Plaza with Adeline Bus Lanes (Cross-section View) Attachment 2

Attachment 3

Adeline Street at Ashby BART Preliminary Conceptual Designs:

Summary of Community Meeting (10/3/22) and Office Hours (10/6/22)

Dates and Times: October 3, 2022 at 6pm / October 6, 2022 at 6pm Location: Online via Zoom video and phone platform

Agenda

1.Welcome & Meeting Goals
• City of Berkeley Councilmember Ben Bartlett and BART Board Director Lateefah Simon gave introductory remarks.

2. Presentation
• Project Context
• Where we are in the Process
• Overview of Adeline Street Redesign Options

3. Comments and Questions

Attendance
City
• District 3 Councilmember Ben Bartlett
• Alisa Shen – Principal Planner
• Beth Thomas – Principal Planner
• Robert Rivera – Senior Planner
BART
• Lateefah Simon – BART Board of Director
• Deb Castles - Acting Transit-Oriented Development Group Manager • Rachel Factor – Principal Planner
Community Design + Architecture (Consultant)
• Phil Erickson - Principal
• Anai Perez – Urban Designer
Summary
The City of Berkeley in conjunction with BART held two community meetings, a Zoom meeting and office hours, for the Adeline Street at Ashby BART Preliminary Conceptual Design project to inform the community and obtain their feedback on the new proposals.

Staff sent out postcard notifications to residents along the Adeline Street and presented an overview of two options that would be presented to the Transportation and Infrastructure Committee and Berkeley City Council. Due to capacity restrictions

Attachment 3

because of the Covid pandemic, both meetings were held virtually. Significant portions of the meetings allowed for public comments and questions.

The following notes summarize the community input from both meetings listed above and categorizes their feedback by main topics.

1. Accessibility issues for people with disabilities
• Involve people with disabilities and East Bay Center for the Blind in the design process.
• Consider how the issue of pedestrian crossings, parking and the use of micro mobility devices for people with disabilities will work. • Bike lanes are also used by people with adaptive bikes and wheelchairs, consider the necessary width and speed limits for bicyclist. • Write an accessible presentation with verbal explanation.

2. Vehicle accessibility
• Lack of left turns from Essex and other eastside streets would increase traffic on Ashby/Adeline and Ashby/Shattuck.
• New apartment building at Emerson/Adeline is going to dump a lot of traffic into Emerson St.
• Redistribution of traffic to MLK Jr. Way and other surrounding streets. • Consider drop off and parking for seniors and people with mobility issues (Ed Roberts Campus).

3. Pedestrian safety/accessibility
• Consider pedestrian push buttons on the west side of Adeline (Ed Roberts Campus - ERC).
• Bulb out at Essex.
• Increase safety at Adeline/Ashby intersection (right turns and right slip lane). • Wider sidewalks on the east side of Adeline to the north of ERC. • Consider traffic signals at crosswalks.
• Increase safety on BART entrances at nights.

4. Bicyclist safety/accessibility and bicycle lane treatments • Add protected bike lanes on the east side Adeline.
• Consider traffic issues between pedestrians, buses/cars and bicyclists. • Possibility of having a bidirectional bike lane on one side. • Improve safety for bicyclist crossing Adeline and Ashby intersection.

5. Parking/passenger loading zones
• Consider diagonal parking with flexible use.
• Parking and drop off on the BART side should only be short term/drop off.

Attachment 3

• Concern about no southbound left (U-turns) restricting access to east side parking and loading zones for seniors and people with disabilities.

6. Affecting surrounding area, particularly about Martin Luther King Jr. Way • Consider the entire block (triangle) and North Ashby area. • Opportunity to improve safety and reduce traffic at Martin Luther King Jr. Way. • Redirection of traffic to Martin Luther King Jr. Way will impact neighborhood residents and merchants.
• Design opportunity at corner of Adeline/Martin Luther King Jr. Way. • “Potential future plaza” location (to the south and east of Adeline/Martin Luther King Jr. Way intersection) is called “African Plaza”.

7. New Plaza and uses
• Plaza should become a destination and not only focused on the Flea Market. • Design space to connect new facilities and surrounding neighborhoods (new residents and BART development).
• Consider ground floor retail, permanent stalls/kiosks for microenterprises, green grocers, farmer markets, etc.
• Needs to have a children's park, covered areas and landscaped areas.

8. Open space, landscape, environment
• Neighborhood needs more open spaces and dog-friendly spaces. • Ohlone greenway should be used as a reference (landscape and planting). • Discuss air quality of the future development in the broader area. • Plaza should incorporate benches, plantings, trees, water refill stations. • More landscape, and shade from trees.

9. Berkeley Flea Market
• Comparison of vendor space at the Flea Market [existing parking lot and future plaza] seems not accurate.
• Legal guarantees that the Flea Market has a permanent place in the future plaza.

10. Option 1
• Dedicated bus lanes will create sight line problems.
• The F bus frequency has been reduced so it doesn’t justify the dedicated bus lanes, not enough demand.
• Focus on improving efficiency for the 12 bus service, not the F. • Delay/travel time difference between option 1 and 2?
• Dedicated bus lane will be used predominantly by private tech buses.

Attachment 3

11. Option 2
• Preferred option by several speakers.
• Concerns about how a single lane will work for emergency vehicles and buses pull in and pull out.
• “Test drive” the narrowing and see how it works before its construction. • Concern about redirection of traffic to Martin Luther King Jr. Way and other adjacent streets.

12. BART
• More information about affordable housing (TOD)
• BART Traction Power gap/ substation should be underground, need to cover up all that critical infrastructure.
• Pedestrian accessibility issues to the station.
• Concern about the gap between the new development and the plaza.

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

INFORMATION CALENDAR
November 29, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Jordan Klein, Director, Department of Planning and Development Subject: Climate Action Plan and Resilience Update

SUMMARY
The City of Berkeley has long been a leader on climate action. In 2006, Berkeley residents voted to reduce the community’s greenhouse gas (GHG) emissions by 80% below 2000 levels by 2050, and the resulting Climate Action Plan (CAP) was adopted by the Berkeley City Council in 2009. In 2018, then-Governor Brown committed California to carbon neutrality by 2045, the Berkeley City Council resolved to become a “Fossil Fuel-Free City,” and the Council declared a Climate Emergency, all steps to signal the urgency of these ambitious goals and the need to act on climate threats in an equitable manner. Additionally, in 2020, Berkeley City Council established a 2030 GHG emission reduction target that reflects Berkeley’s fair share of the 50% global reduction in carbon dioxide equivalent (CO2e), committing to reduce emissions 60.5% from 2018 levels by 2030.

The community is making notable progress reducing GHG emissions. Based on the best currently available data from 2020, the community has reduced overall GHG emissions by 31% since 2000 despite population increasing by 21%. While Berkeley has continued to see a decreasing trend in community-wide emissions since 2000, there was a significant drop in 2020 due to the impacts of the COVID-19 pandemic. The transportation sector saw the greatest reduction in emissions as travel and commuting declined sharply during much of 2020. Transportation sector emissions are expected to increase in future years as travel and commuting resume to pre-pandemic levels.

Berkeley’s building sector electricity emissions increased significantly in 2020 due to changes in East Bay Community Energy’s (EBCE’s) Bright Choice product. Further declines in citywide electricity emissions are anticipated in 2022, when most residential and commercial electricity accounts transitioned to EBCE’s Renewable 100 product.

During the last two years, Berkeley City Council funded the Just Transition Pilot Program and the Climate Equity Fund, which will not only provide GHG emission savings but will also create a foundation to build on additional equity-focused programs.

Although Berkeley has made significant progress, additional work is required to achieve the City’s ambitious goal of becoming a Fossil Fuel-Free City.

Climate Action Plan and Resilience Update INFORMATION CALENDAR November 29, 2022

This report contains new performance metrics to help measure progress in meeting climate action goals in the transportation and building sectors. Alongside GHG emission reductions, staff is prioritizing community resilience, adapting to the changing climate, and advancing racial equity, and will be collaborating with disadvantaged communities to develop meaningful metrics to measure how Berkeley’s climate programs advance equity and resilience.

CURRENT SITUATION AND ITS EFFECTS
Berkeley’s progress on climate action and the annual community-wide GHG emissions inventory is a Strategic Plan Priority Project, advancing our goal to be a global leader in addressing climate change, advancing environmental justice, and protecting the environment.

City staff annually calculates community GHG emissions to understand which sectors and fuels contribute the most emissions in Berkeley, track progress toward the community’s climate goals, and provide data that can be used for prioritizing programs and policies.

Berkeley’s community-wide greenhouse gas emissions in 2020 totaled 501,013 metric tons of carbon dioxide equivalent (mtCO2e). The 2020 GHG inventory was heavily impacted by the global COVID-19 pandemic. The effects of the pandemic on 2020 emissions are included within each sector’s analysis.

Figure 1 is a pie chart of 2020 community-wide GHG emissions inventory, the most recent available data, broken down by sector and fuel. The majority of our citywide emissions continue to come from Berkeley’s transportation and building sectors. The building sector was the largest source of emissions in 2020 and accounted for 51% (253,465 mtCO2e) of citywide emissions. Energy usage data for Berkeley buildings, provided by EBCE and PG&E, is broken down into residential and commercial (including industrial) buildings—for both electricity use and natural gas (gas) combustion.

The transportation sector, which has historically been the largest source of GHG emissions and includes vehicles, BART, AC Transit, Amtrak and maritime vessels, accounted for 46% (232,009 mtCO2e) of the overall emissions in 2020.

Climate Action Plan and Resilience Update INFORMATION CALENDAR November 29, 2022

Figure 1: Pie chart of 2020 community-wide GHG emissions inventory, broken down by sector and fuel.

Emissions from municipal energy use accounts for 0.3% (1,272 mtCO2e) of the 2020 community-wide GHG emissions. Municipal energy consumption includes City buildings as well as other uses such as streetlights and traffic signals.

The remaining 3% (14,267 mtCO2e) of Berkeley’s community-wide GHG emissions come from landfilled solid waste, water consumption, and waste water treatment.

The most current community emissions from 2020 are compared to the Climate Action Plan (CAP) baseline year of 2000, to identify reductions achieved thus far. A historic summary of Berkeley’s annual emissions inventories from 2000 to 2020 is provided in Figure 2. Please note that due to data access issues, the city was not provided with citywide energy use data in 2015 and 2016 so building energy usage was estimated using assumptions and is represented with shaded coloring. No inventory was calculated for 2017, so that year of data is omitted.

Co
mmercial
Gas
14%
Resid
ential
Gas
18%
Co
mmercial
Electricity
11%
Resid
ential
Electricity
8%
Mun
icipal Energy Use 0.3%Wate
r Consumption & Waste Water

0.3%
Lan
dfill Waste
3%
Transp
ortation
46%
2020
Greenhouse Gas Inventory
Summary:

Transportation: 46%
Buildings: 51%
Waste: 3%
Water: <1%

Climate Action Plan and Resilience Update INFORMATION CALENDAR November 29, 2022

Figure 2: Historic Berkeley emissions inventories back to 2000, broken out into building electricity and gas combustion, transportation, and other (water, wastewater treatment and landfill solid waste).

Community-wide emissions in 2020 decreased 31% from the 2000 baseline and decreased 7% from 2019. Berkeley’s original CAP goal of reducing GHG emissions by 80% from 2000 levels by 2050 was superseded by a commitment by the Berkeley City Council on May 11, 2021 to become zero net emissions by 2045 or sooner, requiring an additional 69% reduction of GHG emissions over the next 25 years.

Key accomplishments and examples of work underway to reduce GHG emissions and address the climate emergency are described below. Although the data for GHG emissions is for the calendar year of 2020, the progress on programs described in the following sections includes efforts since July 2020, the last time that this report was updated for City Council.

Equity
Equity Goal: Prioritizing the advancement of equity outcomes into policies and programs Equity Guardrails
Berkeley’s Existing Buildings Electrification Strategy (BEBES, 2021) developed a set of

Climate Action Plan and Resilience Update INFORMATION CALENDAR November 29, 2022

“Equity Guardrails” which serve as minimum requirements for equity that must be met in order to advance a policy, program or project. These guardrails were developed as a result of targeted community outreach with disadvantaged communities to better understand and elevate community priorities and needs. The Planning & Development Department’s Office of Energy and Sustainable Development (OESD) has adapted these guardrails beyond the electrification of existing buildings, and now applies them to all of its work. The guardrails include:
 Maximize Access to Health, Safety & Mobility Benefits: Proposed projects should prioritize the benefits of building and transportation electrification including health, safety, and comfort to those most impacted by climate change.  Maximize Access to Economic Benefits: Proposed projects should leverage incentives and financing, reduce costs when possible, and support high-road job opportunities when possible.
 Maximize Ease of Participation: Proposed projects should be easy for all community members to access, and should be integrated with other programs and services when possible.
 Promote Housing Affordability & Anti-Displacement: Proposed programs should support housing preservation and tenant protections, and not displace renters or homeowners.

Measuring Progress
Cities have long been using quantitative metrics like GHG inventories to measure progress on climate action, but these inventories only tell part of the story. In order to capture the full impacts of climate change and measure equitable climate action progress, it is important to track programs over time to measure outcomes and progress. Ideally these indicators are co-created with the community to identify meaningful measures of success based on the community’s priorities. By creating indicators that show meaningful and equity-focused outcomes, staff can adjust programs and policies to improve equitable outcomes over time, and increase the quality of life for members of the community – particularly those who have been historically disadvantaged and are most impacted by climate change. Both qualitative and quantitative metrics need to be created and tracked, to be able to monitor things that are difficult to quantify such as comfort, health, and other resiliency benefits. In the coming year, staff will co-create additional equity metrics and indicators with disadvantaged communities based on their priorities, criteria, and available data. These metrics will be related to the climate programs advancing equity described in the Transportation and Buildings sections below.

Climate Action Plan and Resilience Update INFORMATION CALENDAR November 29, 2022

Transportation
Transportation Goal: Advancing opportunities for people to safely walk, bike, take public transit, and electrify mobility options
Transportation Sector Emissions
Total community-wide transportation GHG emissions decreased 29% from 2019 to 2020, and 32% since 2000. Total miles driven by on-road vehicles decreased by 28% from 2019 to 2020. The COVID-19 pandemic caused the significant decrease in emissions and total miles traveled. Emissions from on-road vehicles are calculated using total miles traveled provided by Google Environmental Insights Explorer1.

Impacts to Berkeley’s Transportation sector emissions:
 COVID-19 Pandemic – On March 16, 2020, the six bay area counties and the City of Berkeley issued “shelter in place” orders restricting all residents to their homes in response to the global pandemic. The region-wide shutdown of offices, schools, and other services caused a drastic decrease in driving and commuting in 2020. Additionally, the ability to contract COVID-19 by close contact caused a decrease in public transit ridership, as more people opted to travel by walking, biking, and personal automotive vehicles.

Electric Mobility Roadmap
The Berkeley Electric Mobility Roadmap, adopted by Berkeley City Council in July 2020, identifies goals, strategies, and actions to create a fossil fuel-free transportation system.

This integrates with and supports the City’s ongoing efforts to increase walking, biking, and public transportation, and helps to ensure equitable access to the benefits of clean transportation.

This Roadmap centers equity by acknowledging and addressing the inequalities of our current transportation system. Early engagement of community-based organizations and nonprofits helped to identify important mobility gaps for low-income constituents, renters, communities of color, people with disabilities, and other priority stakeholders.

Equity was used as a lens through which all proposed strategies were filtered.

The four goals of the Roadmap, along with implementation updates, are detailed below:
1 https://insights.sustainability.google/

Climate Action Plan and Resilience Update INFORMATION CALENDAR November 29, 2022

1. Ensure Equity in Access to Electric Mobility: Maximize electric mobility benefits in underserved communities
 Pilot Climate Equity Fund: On July 27, 2021, City Council approved a resolution establishing a Pilot Climate Equity Action Fund and allocated $600,000 to provide climate change and resilience benefits to low-income residents. One of the three program areas is creating an electric bike (e-bike) access program for income-qualified Berkeley households, and an e-bike youth education and workforce training program to service e-bikes and provide training for high-road job opportunities. Additional information on the Pilot Climate Equity Fund is provided in the Buildings section of this report.

2. Improve Alternatives to Driving: Shift trips to walking, biking, and shared electric modes
 Micromobility: In September 2021, Berkeley City Council adopted a resolution to establish a shared electric micromobility permit program. The city issued permits to three private shared mobility operators (Link, Spin, and VeoRide) which allows these operators to provide Berkeley residents and visitors with more sustainable commute options using electric scooters and e- bikes. In May 2022, the three operators launched their programs and over 1,000 electric scooters and e-bikes were distributed around Berkeley. To ensure equitable access to these devices, at least 50% of these devices must be deployed in designated equity priority areas and operators are required to provide both low-income programs and more accessible devices, such as sit scooters, to maximize accessibility of shared electric micromobility.

3. Achieve Zero Net Carbon: Eliminate emissions from private vehicles  Electric Vehicle Charging: The City continues to promote the use of electric vehicles (EVs) and facilitate the installation of EV charging stations through offering streamlined permitting, educating property owners about EV charging and grant opportunities, and providing EV charging on municipal property. As of August 2022, there were over 200 publicly-available EV charging ports (Level 2 and DCFC) in Berkeley and approximately 7.5% of registered cars in the community were electric. Both of these values have doubled in the last four years; in late 2018 there were 105 publicly-available EV charging ports and nearly 4% of registered personal vehicles were electric.

The City is currently partnering with East Bay Community Energy (EBCE) to site and develop future public EV DC Fast Charging Hubs in Berkeley.

Proposed local amendments to the 2022 California Green Building Standards Code, to take effect in January 2023, would require levels of EV charging in new buildings which would exceed the state requirements.

Climate Action Plan and Resilience Update INFORMATION CALENDAR November 29, 2022

4. Demonstrate City Leadership: Lead by example and guide the electric mobility transition
 Electrification of City Fleet: Staff worked with EBCE to conduct a municipal fleet electrification assessment including a plan for EV deployment and associated charging infrastructure through 2030, presented to Council in July 2020. The City is currently working to add EV charging for municipal fleet vehicles at the Corporate Yard, and has continued to increase the number of electric vehicles in the municipal fleet. In 2020 the municipal fleet included two electric scooters (for parking enforcement) and 15 plug-in hybrid sedans.

In 2021, five electric sedans were added. In 2022, EV additions to the municipal fleet will include an additional two electric scooters, three electric sedans, eight electric SUVs, and 15 electric pick-up trucks.  Electric Mobility Position: The City of Berkeley is hiring an Electric Mobility Coordinator. This position will organize and convene the City’s Electric Mobility Implementation Working Group, manage and coordinate the development of City-owned electric vehicle charging infrastructure, track and develop programs utilizing emerging mobility options, obtain grant funding for the City’s electric mobility programs, and catalyze actions such as electric mobility equity pilot projects, new best practices for curbside vehicle charging, and shared electric mobility hubs.

Measuring Progress in the Transportation Sector
% Sustainable Trips
32%
in 20202d
Goal: Increase of share of trips taken on
sustainable modes of transportation to 50%
by 2030 and 100% by 20403
% EV Adoption

7.5%
in 2021d
Goal: Increase the share of light-duty EVs
registered in Berkeley to 25% by 2025, 55%
by 2030, and 100% by 2045
2 Percent of sustainable trips in 2020 only includes trips from walking, biking, and public transit as EV trip data is currently not available.
3 The goal to increase sustainable trips to 100% by 2040 includes trips from walking, bicycling, public transit, and EVs.

Climate Action Plan and Resilience Update INFORMATION CALENDAR November 29, 2022

# of Gas Cars Per
Household 1.3
in 2021
Goal: Reduce the number of gas cars per
household to 0 by 2045
# of Public Level 2
Chargers 184
in August 2022
Goal: Install at least 420 public Level 2
chargers by 20254
# of Public DC Fast
Chargers 22
in August 20225
Goal: Install at least 100 public direct current
fast chargers (DCFC) by 20254
Buildings

Buildings Goal: Reducing energy use, promoting cleaner energy, and transitioning all buildings to clean electricity
Building Sector Emissions
Overall GHG emissions from Berkeley’s building sector increased by 29% from 2019 to 2020 but remain 29% below 2000 levels. While the emissions from the building sector increased, total community-wide electricity usage decreased 8% and total community- wide gas usage decreased by 7% from 2019 to 2020. Since 2000, total community-wide gas usage has decreased by 22%.

Impacts to Berkeley’s Building sector emissions:
 EBCE Bright Choice Electricity Emission Factor – The emission factor for EBCE’s default electricity product, Bright Choice, increased by 337% in 2020 compared to the 2019 value. The Bright Choice product accounts for 92% of Berkeley’s 2020 community-wide electricity consumption. The emission factor 4 Berkeley’s estimates for number of chargers needed by 2025 are based on charging infrastructure projections provided by the California Energy Commission using Alameda County’s ratio of needed EV chargers to projected EVs.
5 Includes Tesla fast chargers

Climate Action Plan and Resilience Update INFORMATION CALENDAR November 29, 2022

increase is related to the changing procurement costs and loss of nuclear allocation in the electricity mix. EBCE is committed to providing 100% emission- free Bright Choice by 2030. Additionally, in 2022 all Berkeley customers were automatically opted-up into EBCE’s Renewable 100.

 COVID-19 Pandemic – The building sector was also affected by the COVID-19 pandemic, particularly commercial buildings. Many Berkeley businesses reduced in-person operations during 2020 which contributed to the 15% reduction in electricity consumption and 13% reduction in gas consumption from commercial buildings. Even though more Berkeley residents worked from home in 2020 due to the shelter in place order, residential gas consumption still decreased by 3%.

Municipal Buildings
Municipal buildings are assessed for efficiency and electrification opportunities on an ongoing basis. The following list highlights recently completed projects and major current efforts.
 South Berkeley Senior Center: In 2021, the City of Berkeley received a $48,000 grant from East Bay Community Energy to help electrify commercial kitchens. Two commercial gas ranges in the South Berkeley Senior Center were replaced with a new commercial induction cooktop, and the current electric resistance steam table will be replaced with a new induction food warming table, saving nearly 90% of electricity use and 10,000 gallons of water per year. The Public Works Electrical Division completed the electrical upgrades needed for the induction appliances.
 Spring Animal Shelter: In 2021, a comprehensive lighting upgrade was completed at the Spring Animal Shelter which reduced peak demand6 energy by an average of 15kW per month, with a cost savings of $26/kW, and decreased total electricity consumption by ~10,000 kWh per month compared to its pre- COVID consumption. Even though electricity prices increased twice in 2022, energy bills decreased by ~$1,000/month. This project utilized PG&E’s On-Bill Finance program, which provides commercial customers with zero percent interest loans to complete energy efficiency upgrades. With a monthly loan payment of $609.29 and energy cost savings of ~$1,000, the City is saving ~$400 a month.
 Adult Mental Health Clinic, 2640 MLK Jr. Way: This project was primarily a T1 Bond project with Public Works Engineering, with OESD staff providing technical assistance through a grant from the Berkeley Lab to ensure that this site was an 6 Peak demand is when energy costs more and is typically more polluting (for EBCE customers, hours vary by rate class but are generally 4-9 PM).

Climate Action Plan and Resilience Update INFORMATION CALENDAR November 29, 2022

all-electric Zero Net Energy building. The building was completed and occupied in 2021.
 Streetlighting Analysis: A second streetlighting retrofit was completed in 2018- 2019 which resulted in an 18% energy reduction. Additionally, analyzing utility bills from disputed streetlights (i.e., streetlights missing in the field, belonging to another entity, or added and not being billed by PG&E) resulted in $269,000 of bill credits for the City in 2021.
 Switching to East Bay Community Energy’s Renewable 100: In 2019, Berkeley City Council voted to switch municipal facilities to 100% renewable electricity and allotted $94,000 to cover the incremental costs for the first year.

By March 2022, nearly all electric accounts were converted to EBCE’s Renewable 100 electricity product. While electricity costs have increased, GHG emissions from electricity consumption by municipal facilities have been reduced to near zero.
 Solar + Storage: The City is partnering with EBCE to procure and implement solar + storage systems at critical municipal facilities to provide increased resilience and clean back-up power in the case of a power outage. Alongside Fremont, Hayward, and San Leandro, the City of Berkeley submitted a list of potential critical facilities to the EBCE project portfolio to be included in a joint Request for Offers (RFO) for Power Purchase Agreement vendors. In August 2022, EBCE released the RFO and hopes to select a vendor by the end of 2022, and start installation of the solar + storage projects in 2023.

Berkeley Existing Buildings Electrification Strategy (BEBES) The Berkeley Existing Buildings Electrification Strategy, approved by Council in November 2021, provides a framework for transitioning to all-electric buildings in a way that includes and benefits all residents, especially members of historically marginalized communities. The Strategy’s phased approach includes specific actions, policies, funding mechanisms, and a tentative timeline to transition Berkeley’s existing building stock off gas as soon as possible and no later than 2045. The strategy includes detailed actions which fall under four primary policies, with the equity guardrails influencing the timing of their implementation. The actions are broken into three phases based on available data, technology, and anticipated equity impacts. Phase 1 focuses on expanding and verifying the identified cost effectiveness and equity impacts of implementing foundational programs, and building community capacity. Phase 2 increases the stringency of the policies and begins to introduce mandatory measures, once sufficient supports are in place. Finally, Phase 3 policies finalize the move toward all-electric buildings through mandatory measures.

The four proposed strategies, and a fifth category of actions that are cross-cutting across many or all strategies along with implementation updates, are detailed below:

Climate Action Plan and Resilience Update INFORMATION CALENDAR November 29, 2022

1. Time of Replacement (TR): Replace gas equipment at the end of its useful life, either when the gas equipment fails or when a major building renovation is taking place. Phase 1 action taken to date include:
 ACEEE Energy Equity for Renters Toolkit: In 2021, the American Council for an Energy-Efficient Economy (ACEEE) launched the Energy Equity for Renters (EEfR) initiative. The City of Berkeley, partnered with StopWaste and several Berkeley community-based organizations, were selected to participate. ACEEE is producing a toolkit for the EEfR initiative, to be released by early 2023, that include policies and programs that reduce GHG emissions and energy costs while preserving housing affordability, with a focus on naturally occurring affordable housing (i.e., properties where the units are not deed restricted to low-income tenants), as well as measures that local governments can use to better incorporate equity in the design and implementation of municipal energy efficiency, housing, and other policies.

2. Time of Sale (TS): Implement requirements that are triggered when a building changes ownership. This policy generally applies to single-family homes since they are sold more frequently than other types of buildings. Time of sale requirements are currently required through Berkeley’s Building Emissions Saving Ordinance (BESO) and could be expanded to include a range of required measures such as an electrification-ready panel upgrade, appliance replacement, or whole building electrification and incentives. Some Phase 1 actions taken to date include:
 Building Emissions Saving Ordinance (BESO)
BESO requires building owners to complete and publicly report building- specific energy efficiency assessments and energy scores. The goal of BESO is to reduce both energy costs and GHG emissions in Berkeley’s existing buildings. To date, BESO has achieved many successes, including:
 Provided data on the energy use and energy efficiency opportunities of Berkeley’s existing building stock.
 3,198 Energy assessments completed.
 2,498 Home Energy Scores7 completed, with an average of 4.4 out of

10.  Developed an online application and payment system to improve customer service
7 Developed by the US Department of Energy and its national laboratories, the Home Energy Score provides home owners, buyers, and renters directly comparable and credible information about a home’s energy use. Each Home Energy Score is shown on a simple one-to-ten scale, where a ten represents the most efficient homes. More information can be found at:
https://www.energy.gov/eere/buildings/downloads/home-energy- score#:~:text=Developed%20by%20DOE%20and%20its,about%20a%20home's%20energy%20use.&text =Each%20Home%20Energy%20Score%20is,represents%20the%20most%20efficient%20homes.

Climate Action Plan and Resilience Update INFORMATION CALENDAR November 29, 2022

In December 2020, Berkeley City Council amended BESO to further align the program with the City’s electrification and community resilience goals. The amendment:
 Required small/medium buildings to complete an electrification assessment prior to listing a building for sale. - Implemented Summer 2021
 Added a Fuel Source Disclosure at time of listing. - Implemented Summer 2021
 Lowered the building size threshold for the energy benchmarking requirement. – Implemented Summer 2022
 Requires staff to develop energy upgrade requirements for Council consideration. – Currently in development

3. Building Performance Standards (BP): Establish building-level requirements such as minimum GHG emissions standards or elimination of gas systems or equipment by a specified date. These standards are generally applied to larger buildings, including multi-family residential and commercial buildings, in order to have the highest impact on the largest energy users. The size and type of building covered could expand over time. Some Phase 1 actions taken to date include:
 Staff is working to develop requirements for building performance standards (BPS) that lead to the elimination of gas in Berkeley’s large buildings. These requirements would be administered through Berkeley’s existing BESO program.

4. Neighborhood Electrification and Gas Decommissioning (NE): Create a plan to strategically reduce and eventually eliminate gas infrastructure in the city.

Neighborhood-level electrification can be a more equitable way to electrify communities as opposed to a building-by-building approach which will leave those who cannot afford to electrify with higher gas rates. Larger scale projects also create more opportunities for high-road jobs, and could incorporate resilience measures such as on-site solar and islandable backup battery storage that could act as a neighborhood micro-grid to improve energy assurance. Some Phase 1 actions taken to date include:
 The City has been exploring opportunities for neighborhood electrification and gas decommissioning projects, including work supporting a pilot project led by Gridworks and funded by the California Energy Commission to develop criteria to identify neighborhoods for potential gas decommissioning projects.

5. Cross-Cutting Actions: These actions support the overall success of electrification both in the City and beyond. Many of these actions cannot be taken by the City

Climate Action Plan and Resilience Update INFORMATION CALENDAR November 29, 2022

alone and will need wider collaboration from regional partners and the State. Some Phase 1 actions taken to date include:
 Pilot Climate Equity Fund
On July 27, 2021, City Council approved a resolution establishing a Pilot Climate Equity Action Fund and allocated $600,000 to provide climate change and resilience benefits to low income residents in both buildings and transportation. The City of Berkeley released an RFP in December 2021, and on April 26, 2022 the City Council approved contracts with five vendors to implement the following three program areas:
 Program Area #1 – Resilient Home Retrofits Pilot: This program area will focus on building decarbonization improvements that enhance resilience, support occupants and reduce greenhouse gas emissions for low-income residents.
 Program Area #2 – Electric Mobility Access Pilot: This program area will create an electric bike (e-bike) access program for income-qualified Berkeley households, and an e-bike youth education and workforce training program that will service the e-bikes and provide training for high-road job opportunities.
 Program Area #3 – Community Access to Resilience Measures and Electrification Engagement Pilot: This program will elevate the voices of under-represented voices in climate and resilience, pilot and build capacity in local community organizations, and increase access to information and equipment for climate resilience and electrification efforts.

The implementation of these programs will take place through 2024. This advances implementation of the Berkeley Existing Buildings Electrification Strategy (2021), which identified long- and short-term strategies to make existing buildings in Berkeley free of fossil fuels in a way that includes and benefits all residents, especially members of historically marginalized communities.
 Just Transition Pilot Program
On June 14, 2022, City Council approved a resolution to develop an Existing Building Electrification Installation Incentives and Just Transition Pilot Program, with a budget of $1,500,000. The program, using pre-qualified contractors who meet minimum labor standards, will target homes for households at or below 120% of the Area Median Income for replacing with gas water heating, HVAC, and cooking equipment with systems that run on clean electricity. The resolution calls for the establishment of labor standards that provide pathways to high-road careers for workers in residential electrification. This program advances implementation of the Berkeley Existing Buildings Electrification Strategy (2021). Staff is conducting research

Climate Action Plan and Resilience Update INFORMATION CALENDAR November 29, 2022

to inform program design through interviews with key stakeholders and participation in the Bay Area regional High Road Training Partnership (HRTP)8, and getting input from the Berkeley Environment and Climate Commission (ECC), the City Council Facilities, Infrastructure, Transportation, Environment & Sustainability (FITES) Policy Committee, and others. A Request for Proposals for this Pilot Program is anticipated by early 2023.

Measuring Progress in the Building Sector
Citywide Building Energy
Usage from Gas
Combustion
69%
in 2020d
Goal: Decrease percentage of building
energy from fossil fuel consumption, in
the form of gas combustion, to 0 by 2045
while switching to clean electricity
BayREN Home+: # of
Measures Completed 795
from 2019-2021
Goal: Increase BayREN Home+
participation
BayREN Multifamily: # of
Units Participated 1,052
from 2014-2021
Goal: Increase BayREN Multifamily
participation and upgrade more units to
decrease energy use, emissions, and
increase comfort
Total GHG emissions
Saved through BayREN
Upgrades
338mtCO2e
from 2014-2021
Goal: Increase total GHG emissions
saved through participation in BayREN
Home+ and BayREN Multifamily
8 https://cwdb.ca.gov/initiatives/high-road-training-partnerships/ mtCO2e

Climate Action Plan and Resilience Update INFORMATION CALENDAR November 29, 2022

Waste
Waste Goal: Leading the way towards zero waste in policy, planning and practice Landfill Solid Waste Emissions
Total community-wide landfill solid waste and overall emissions from the waste sector decreased by 18% in 2020 compared to 2019, placing current waste sector emissions 47% below the 2000 baseline.

Impacts to Berkeley’s Building sector emissions:
 COVID-19 Pandemic – The COVID-19 pandemic was the cause of the significant drop in our 2020 waste consumption and emissions. Many businesses reduced in-person operations in 2020 to adhere to local COVID-19 health orders.

Additionally, UC Berkeley was fully remote for the start of the Fall 2020 semester and many students did not return to the City for in-person classes until 2021.

SB 1383
In 2016, SB 1383 was signed into law. This State legislation is designed to reduce short-lived climate pollutants and requires 75% organic waste reduction by 2025 and a 20% increase in recovery of edible food that is currently disposed by 2025. California local jurisdictions have significant, new requirements to implement additional waste reduction programs and enhanced reporting and enforcement protocols to comply with the state legislation. SB 1383 implementation started January 1, 2022.

Community Outreach & Engagement

Community Engagement Goal: Achieving equitable climate action together Since 2012, the Berkeley Climate Action Coalition (BCAC), co-convened by the Ecology Center and the City, has been a vehicle for climate engagement. BCAC continues to engage Berkeley and East Bay residents on issues of climate justice. In 2020 public engagement and education activities moved online due to social distancing requirements during the COVID-19 pandemic.

Community Convenings with BCAC
The City and BCAC collaborated with governmental and community organizations, houses of worship and municipalities in both Alameda and Contra Costa counties to host webinars on a variety of topics such as building electrification, waste and recycling, climate and health, electric cars, residential energy efficiency, and solar and storage.

Climate Action Plan and Resilience Update INFORMATION CALENDAR November 29, 2022

East Bay Green Home Tours
In Spring of 2021 and 2022, the City hosted multi-day East Bay Green Home Tours9 showcasing various efforts of local residents to save water and energy, increase resilience to drought and heat, and reduce the carbon footprint of their homes. Over 700 people attended the East Bay Green Home Tour each year.

Ride Electric
In October 2021, the City hosted its first in-person outdoor event since the start of the COVID-19 pandemic at the successful 4th Annual Ride Electric at the Farmers’ Market, offering test drives in City fleet plug-in cars as well as an Electric Bike Expo. This year the City hosted its 5th Annual Ride Electric in conjunction with the City Harvest Festival on October 15, 2022, and was excited to offer electric bike and scooter test rides through the City’s new shared electric mobility providers. As in years past, community and governmental agencies that offer resources to income qualified residents participated.

Climate Adaptation & Community Resilience
Adaptation and Resilience Goal: Strengthening and preparing the community for shocks and stresses, including adapting to the impacts of climate change The City’s resilience efforts, as outlined in the 2016 Resilience Strategy, include the following goals:

1. Build a connected and prepared community

2. Accelerate access to reliable and clean energy

3. Adapt to the changing climate

4. Advance racial equity

5. Excel at working together within City government to better serve the community

6. Build regional resilience
Programs that provide multi-benefit solutions are prioritized, such as the Climate Equity Fund programs collaborating with disadvantaged communities to improve access to building electrification and electric micro-mobility to low-income people and communities of color. Many City departments are leading efforts to enhance resilience and help Berkeley adapt to a changing climate, including Public Works, Parks Recreation and 9 https://www.eastbaygreenhome.com/

Climate Action Plan and Resilience Update INFORMATION CALENDAR November 29, 2022

Waterfront, Health, Housing and Community Services, and Fire. A summary of programs is provided below:

Sea Level Rise
In 2019, the City initiated the Waterfront Specific Plan project to develop a long-term vision for achieving a financially self-sustainable publicly-owned Waterfront. The project is currently in the public engagement phase, which involves an extensive community outreach process to brainstorm ideas for potential new revenue-generating and complementary uses at the Waterfront. A draft Sea Level Rise Study for the Berkeley Waterfront was completed as part of the project. Preliminary findings indicate that three locations at the Berkeley Waterfront may experience periodic flooding by 2050 during a 100-year storm and King tide: 1) the shoreline at the north segment of Marina Blvd between the Virginia Street Extension and the entrance to Cesar Chavez Park, 2) the shoreline to the south of University Avenue between West Frontage Road and Marina Blvd, and 3) various spots in the northeast corner of the inner harbor of the Marina. Staff will research and scope out shoreline improvement projects that will minimize these impacts. In 2020 and 2021, staff submitted two grant proposals to regional agencies for the project along Marina Blvd, but were not successful in obtaining project funding. Staff will continue to seek funding to implement these projects over the next five years.

Groundwater Rise Grant
As sea levels rise and extreme storms become more frequent, communities are developing climate adaptation plans to protect housing, jobs, ecosystems, and infrastructure from flooding. However, these plans often neglect an important potential flood hazard – emergent groundwater. Shallow groundwater in coastal communities will rise as sea levels rise, increasing the risk of flooding communities from below. The threat of rising groundwater levels is a critical data gap in regional climate resilience planning. This project is exploring the links between sea level rise, precipitation, and the elevation of shallow groundwater in the San Francisco Bay Area so that adaptation plans can consider all potential flood hazards.

Through funding from the California Resilience Challenge grant, a project10 will develop a series of shallow groundwater maps that consider the response to eight sea level rise scenarios for four of the nine Bay Area counties, including Alameda County. The project is led by the San Francisco Estuary Institute Aquatic Science Center, in collaboration with Pathways Climate Institute and UC Berkeley, along with Bay Area cities and counties which have identified rising groundwater as a potential problem within their jurisdictions. The City of Berkeley is a joint proposer and is participating in the Project Management Taskforce.
10 https://www.sfei.org/projects/shallow-groundwater-response-sea-level-rise

Climate Action Plan and Resilience Update INFORMATION CALENDAR November 29, 2022

Wildfire Smoke
The Bay Area has experienced multiple days and periods of unhealthy air quality due to wildfire smoke in recent years. Often times these events can coincide with heat waves, high fire risks, and/or Public Safety Power Shutoffs. To better address the threat of wildfire smoke, in 2019 the City of Berkeley participated in a grant led by Alameda County to create a communications protocol for responding to wildfire smoke and other air quality conditions.11 The City is also currently working to advance emergency and resilience planning for extreme heat and high air quality index (AQI) events, including coordination with cities around North America on extreme heat and AQI event planning, and local collaboration outreach with community partners serving disadvantaged communities.

Tree Canopy
The City of Berkeley currently has a vibrant urban forest made up of approximately 38,000 street, park and median trees. These trees are managed and maintained by the Urban Forestry Unit of the Parks, Recreation & Waterfront Department. However, while dense and vibrant in areas, this urban forest is not equitably distributed throughout the City. Current tree inventories and overall canopy coverage data illustrates fewer trees located in the West and South Berkeley neighborhoods, which also have a higher population of lower-income and historically disadvantaged communities. The City plans to plant 1,000 new trees in West and South Berkeley neighborhoods over the next two years. Funds have been secured to cover most costs of these tree planting efforts through an Urban Greening Grant of $726,000 and an Environmental Enhancement and Mitigation Grant of $576,000. Both grants are sponsored by the California Natural Resources Agency.

This project aims to eliminate the past barriers to growing new street trees by first promoting tree planting opportunities, engaging with communities and gathering specific tree planting requests in areas with low tree counts. Next, funding will cover all costs of the tree growing process, which include site planning and species selection, creating new sidewalk growing spaces, purchasing and planting trees, and providing the three years of watering investment needed to establish these drought tolerant trees.

These new trees will help to provide shade, cooling, storm water benefits, and beautification in neighborhoods that have been historically underserved. Additionally, this project offers an opportunity to grow resilient climate change ready tree species and utilize modern urban forestry methods to create sustainable sites and reduce future infrastructure conflicts.
11 https://www.acgov.org/sustain/what/resilience/smoke.htm

Climate Action Plan and Resilience Update INFORMATION CALENDAR November 29, 2022

Pollinator Gardens
Bees and other insects are responsible for the pollination of much of the world's crops and flowering plants. The ecological service they provide is essential for a healthy environment. While numbers of many species have declined, several Berkeley Parks have been renovated to create space for native pollinator gardens and corridors. The pollinator garden partnership and collaboration began in 2020 with the first site at George Florence Park. Since then pollinator gardens have expanded to sites at James Kenney Park, John Hinkel Park, San Pablo Park, King School Park, Strawberry Creek Park, Haskell-Mabel Park and Prince Street Park. The City of Berkeley has also planted Bay Area and California native herbaceous perennials and groundcovers on 1450 feet of roadway median. These native plants are effective at attracting pollinator species, creating habitats, and sequestering carbon from the atmosphere. The Parks Tax is the primary source of funding for the pollinator gardens, but much of the labor for installation and maintenance is completed by volunteer community members.

Resilience Hub Training
In 2021, The City of Berkeley participated in a Resilience Hub Leadership Training funded through the Urban Sustainability Directors Network and facilitated by the NorCal Resilience Network.12 The training brought together 150 community leaders and 16 government partners across dozens of sites for a ground-breaking 8-month training session to catalyze resilience hubs, spaces and neighborhoods, preparing participants with critical skills to be “ready for anything” and thrive. The training session was largely funded by and based on the resilience hubs guidelines developed by USDN, and in collaboration with both local governmental agencies and community-based organizations.

Local Hazard Mitigation Plan (LHMP)
The LHMP is the main document that houses the City’s climate adaptation work. Last updated in 2019, the plan identifies climate change as a man-made hazard that will affect the Berkeley community through hazards such as extreme heat, sea-level rise and flooding, and water security. The LHMP is updated every five years, with the next update is expected in 2024.

Bay Area Climate Adaptation Network (BayCAN)
Berkeley is a founding member and participates in the Steering Committee of the Bay Area Climate Adaptation Network (BayCAN), a network of local government staff helping coordinate an effective and equitable response to the impacts of climate change. BayCAN works to share best practices, develop opportunities for collaboration and program implementation, and secure funding and resources for equitable climate adaptation.
12 https://norcalresilience.org/leadership-training/

Climate Action Plan and Resilience Update INFORMATION CALENDAR November 29, 2022

Climate Action at UC Berkeley and The Berkeley Lab
UC Berkeley and the Berkeley Lab are not included in Berkeley’s GHG emissions inventory because their campuses are outside of the City’s jurisdiction. However, both institutions track their own emissions reduction goals and are engaged community partners in addressing climate change. UC Berkeley and the Berkeley Lab have completed their 2020 GHG inventories and they provide additional information on their climate action progress on their 2021 Sustainability Reports13.

The Berkeley Lab has partnered directly with the City on several innovative sustainability projects including building data management tools, zero-net energy analysis of municipal buildings, and a Building Performance Standard (BPS) policy analysis for the development of energy upgrade requirements through BESO. The City of Berkeley also participates in the Berkeley Lab Community Advisory Group (CAG).

BACKGROUND
In recognition of the climate crisis, the City has added additional climate goals to bolster the Climate Action Plan goal of reducing greenhouse gas emissions below 2000 levels by the year 2045. Berkeley’s goals include:
 Fossil Fuel Free Berkeley: In June 2018, the City Council referred a proposed resolution to the Energy Commission and Transportation Commission to further implement the Climate Action Plan and establish a goal of becoming a Fossil Fuel Free City.
 Climate Emergency: On June 12, 2018, the City Council adopted a Climate Emergency Declaration.
 Net-Zero Carbon Emissions: In 2018, Mayor Arreguin announced the City’s intention to achieve zero net carbon emissions by 2045, in alignment with California state-wide goals.
 Race to Zero: In 2020, Berkeley City Council adopted a resolution for the Cities Race to Zero Campaign to establish a 2030 emission reduction target that reflects Berkeley’s fair share of the 50% global reduction in CO2e, committing to reduce emissions 60.5% from 2018 levels by 2030.

The more traditional emissions inventory that Berkeley uses—known as a “production- based” or “sector-based” inventory—lays a foundation for key climate policy and program planning, while consumption-based inventories consider the entire life cycle of 13 UC Berkeley 2021 Sustainability Report: https://sustainabilityreport.ucop.edu/2021/locations/uc- berkeley/ and the Berkeley Lab 2021 Sustainability Report:
https://sustainabilityreport.ucop.edu/2021/locations/lawrence-berkeley-national-lab/

Climate Action Plan and Resilience Update INFORMATION CALENDAR November 29, 2022

a specific product to calculate its GHG emissions. Consumption-based inventories include goods and services such as air travel (even if, as for Berkeley, the airport is located outside of a jurisdictional boundary), food, appliances, and construction of buildings. An inventory of all Alameda County cities was created by the CoolClimate Network in 201814 and was reported in Berkeley’s Community-wide Greenhouse Gas Emissions Inventory that year.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The City’s Climate Action Plan, Resilience Strategy, Local Hazard Mitigation Plan, and Strategic Plan all contribute to advancing the community towards a clean and resilient energy future that successfully meets Berkeley’s climate goals.

POSSIBLE FUTURE ACTION
This report provides the City Council with an update on GHG emission trends, an overview of associated current activities, and the planning efforts underway to develop strategies to accelerate the rate of GHG emission reductions to reach Berkeley’s increasingly ambitious climate goals. The Climate Equity Fund and Just Transition Program are examples of valuable opportunities to pilot programs that can eventually scale to continue to achieve equitable GHG emissions reductions.

FISCAL IMPACTS OF POSSIBLE FUTURE ACTION
Mitigation of GHG emissions within Berkeley and planning for the impact of climate change are interrelated. Current investment to reduce citywide emissions and enhance climate adaptation and resilience, such as the Climate Equity Fund Pilot Projects and the Just Transition Pilot Project, will help reduce the costs of addressing the impacts of climate change in the future. Staff will be closely monitoring the applicability and availability of Federal funding to support the transition away from fossil fuels and other opportunities to clean energy and climate resilience goals.

CONTACT PERSON
Billi Romain, Manager, Office of Energy & Sustainable Development, 510-981-9732 Ammon Reagan, Community Services Specialist II, Office of Energy & Sustainable Development, 510-981-7416
14 Bay Area Air Quality Management District, Consumption-Based GHG Emissions Inventory:
https://www.baaqmd.gov/about-air-quality/research-and-data/emission-inventory/consumption-based-ghg-emissions- inventory

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

INFORMATION CALENDAR
November 29, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Liam Garland, Director, Public Works
Subject: City Policies for Managing Parking Around BART Stations

SUMMARY
This report provides an overview of the parking management programs and policies the City of Berkeley will use to manage parking demand around the Ashby and North Berkeley BART stations as new housing is built. In residential areas, the City will evaluate new resident and/or Council initiated requests to join the Residential Preferential Parking (RPP) Program. In commercial areas, the City will consider the use of demand-responsive pricing to generate parking availability for local customers and/or accommodate some BART parking demand under the goBerkeley program.

CURRENT SITUATION AND ITS EFFECTS
BART’s planned housing at the Ashby and North Berkeley stations is expected to significantly affect parking conditions around the stations. While BART has been conducting a planning process for station access needs—the Berkeley-El Cerrito Corridor Access Plan (BECCAP)1 with anticipated completion in Winter 2022/23 —the City seeks to mitigate future parking demand using existing parking programs, including the Residential Preferential Parking (RPP) Program in residential areas and goBerkeley demand-responsive pricing in commercial areas.

Planned Changes to Parking Supply and Demand
As part of the new housing developments, BART will not provide 100% replacement of existing BART rider parking spaces. After BART presented recommended BART rider parking maximums for the two stations to the BECCAP Advisory Committee and Community in March 2022, 2 in June 2022, the BART Board approved a maximum of 85 rider parking spaces (16% of the current 535 spaces) for Ashby and 200 rider parking spaces (29% of the current 700 spaces, including 80 spaces in the two auxiliary lots) for North Berkeley).3 Based on the analysis and outreach from the BECCAP, BART expects that those who historically parked at the two stations will: 1) walk, bike, bus or rideshare to access BART, 2) work from home, or 3) park at Downtown Berkeley 1 BECCAP Project website: http://bit.ly/3NSm6C1
2 BECCAP Advisory Committee/Community Meeting, March 9, 2022, p. 22: https://bit.ly/3BTdR2W 3 BART Board Meeting, June 9, 2022: https://bit.ly/3DTT8gK

City Policies for Managing Parking Around BART Stations INFORMATION CALENDAR November 29, 2022

parking garages or other off-street options.4 Yet, there may still be spillover parking into surrounding neighborhoods. Note: BART has not determined the final amount of on-site rider parking at the two stations. The final parking number will be determined after the future development teams advance design together with the community, and BART, the City and the Developer teams have a better understanding of funding opportunities for access/parking improvements, design considerations, and community benefit tradeoffs.

The amount of on-site parking for residents at the new housing developments is still under consideration. Regardless, per City policy, residents of the new developments will not be eligible for RPP permits and could seek parking on nearby residential streets.

Managing Parking in Residential Areas
Residential parking in the immediate vicinity of the Ashby and North Berkeley BART stations is within the boundaries of the RPP Program, though the number of streets that have “opted-in” to the Program, i.e., streets that are signed and enforced for RPP time limit restrictions, vary between the two stations.5 The City expects resident-initiated opt- in requests around Ashby BART and North Berkeley BART to grow over the next several years, particularly after new housing is built. Residents may choose to petition for RPP to mitigate demand from residents of the new housing developments as well as partially displaced BART patrons.

To accommodate these requests, the City will follow existing guidelines for RPP Opt- Ins, summarized in Berkeley Municipal Code (BMC) Section 14.72.050.6 The BMC also allows for Council to initiate opt-in requests if so desired. Streets that are outside of the RPP Program boundary are not eligible to opt-in; Council action would be required to allocate additional funding for Parking Enforcement staff and equipment to expand the Program.

Managing Parking in Commercial Areas
Parking on Adeline Street across from the Ashby BART station and along University Avenue south of the North Berkeley BART station is managed under the goBerkeley parking program. Parking on Ashby Avenue and MLK Jr Way fronting Ashby BART is either controlled by RPP, time limits, or unregulated. Adeline Street south of Woolsey Street is time limited, though the City is evaluating whether to install metered parking in this area as part of a parking benefit district. There is no parking on the periphery of the North Berkeley BART site, but this could change with future housing development.

Based on outreach with merchants and/or other stakeholders, the City could convert existing time limited or unregulated parking in commercial areas or on the periphery of station areas to goBerkeley metered parking. Consistent with on-street parking 4 BECCAP Advisory Committee/Community Meeting, March 9, 2022, p. 23-24: https://bit.ly/3BTdR2W 5 City of Berkeley RPP Web Map: https://bit.ly/3LLDpDY
6 Berkeley Municipal Code 14.72.050: “Designation of a residential permit parking area” https://berkeley.municipal.codes/BMC/14.72.050

City Policies for Managing Parking Around BART Stations INFORMATION CALENDAR November 29, 2022

elsewhere in the City, the goals will be to ensure customer parking availability and turnover by periodically observing parking behavior and adjusting prices for optimum availability – 65-85% occupied, or 1-2 open spaces. goBerkeley features “Premium” zones with prices driven by customer demand and shorter time limits that encourage turnover, and in the vicinity of Ashby and North Berkeley, could exclude BART patrons.

If there is surplus capacity, some areas may be designated as Value zones with longer time limits that could be used by BART patrons, but priced to maintain adequate turnover.
goBerkeley allows the City to be flexible in the face of changing conditions. Pending further discussion, the City could implement an escalating price scale that starts at low prices for short stays, but scales up to higher prices for all-day parking, potentially providing parking for local customers while accommodating some BART patrons. In the vicinity of Ashby BART, this could provide a new source of revenue supporting a Lorin parking benefit district.

BACKGROUND
In September 2018, Governor Jerry Brown signed Assembly Bill (AB) 2923,7 state legislation that affects zoning requirements on existing BART-owned property within one-half mile of stations in Alameda, Contra Costa and San Francisco Counties.

The City of Berkeley has been working closely with BART to develop the zoning and site planning parameters that meet the requirements of AB 2923, the goals of the City and the community, and the goals of BART as the property owner. The City and BART executed a Memorandum of Understanding (MOU) in March 2020 that established a framework for development of the Ashby and North Berkeley BART stations, including a community advisory process and other community engagement; milestones and a timeline to develop zoning that complies with AB 2923; solicitation of developer(s); and further studies/planning for the two station areas.8
In June 2022, the City Council adopted zoning at the North Berkeley and Ashby BART stations that complies with AB 2923. As outlined in the original City-BART Memorandum of Understanding (MOU) and the new Memorandum of Agreement (MOA), the planning effort moving forward will build upon separate community engagement efforts that have been underway for several years relating to the Ashby and North Berkeley BART stations, and other adopted plans and policies of the City and of BART. The MOA establishes a timeline for milestones regarding the addressing of potential spillover impacts to parking around the North Berkeley and Ashby BART stations that includes this City Council update regarding use of existing tools for on-street parking strategy in November 2022.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
7 AB 2923: https://bit.ly/3DYji3m
8 Current City of Berkeley/BART Memorandum of Understanding (MOU): https://bit.ly/3CfJFR8

City Policies for Managing Parking Around BART Stations INFORMATION CALENDAR November 29, 2022

Incremental expansion of the RPP Program to include additional blocks may have a minor beneficial environmental effect, and may make alternative transportation options more attractive. A modal shift by commuters to walking, bicycling, public transportation, or carpooling may also lead to a decrease in greenhouse gasses. However, based on expansion of RPP to other areas, the “two-hour shuffle” (i.e., moving a vehicle every two hours to avoid a ticket) may also begin to occur in new RPP areas among commuters who continue to drive. This behavior would have an adverse impact on traffic congestion, air quality, and excess fuel consumption.

Parking management in commercial areas using demand-responsive pricing under the goBerkeley parking program should improve parking management and lessen traffic congestion and vehicle emissions, as drivers are anticipated to spend less time searching for available parking spaces. Reducing greenhouse gas emissions produced by vehicular traffic is one of the City’s 2009 Climate Action Plan goals.

POSSIBLE FUTURE ACTION
The City will continue to monitor parking demand in the vicinity of the Ashby and North Berkeley BART stations, processing RPP opt-in requests and/or discussing parking options in commercial areas with merchants and business groups as warranted.

FISCAL IMPACTS OF POSSIBLE FUTURE ACTION
There are no immediate fiscal impacts. The parking management policies discussed in this report are baseline programs and the housing projects are still being planned.

Moving forward, each incremental expansion of RPP within the Program’s current boundaries will incur costs for the procurement and installation of new signage.

Depending on the geographic scope of new opt-in petitions, discussions with the Police Department’s Parking Enforcement may be needed to verify that existing staffing and equipment levels are sufficient to absorb the new areas. Expansion beyond the existing boundaries of the RPP Program will require new staff and equipment.

Fiscal impacts of potential new goBerkeley parking meters in commercial areas near or fronting the BART stations are difficult to forecast as parking behaviors resulting from demand-responsive price adjustments may vary. However, as in other areas of the City, incremental parking revenue should be sufficient to cover expected expenditures of the program, including the purchase of new meter equipment.

CONTACT PERSON
Farid Javandel, Deputy Director of Transportation, Public Works, (510) 981-7061 Danette Perry, Parking Services Manager, (510) 981-7057 Gordon Hansen, Senior Planner, (510) 981-7064

Fair Campaign Practices Commission

INFORMATION CALENDAR
November 29, 2022
To: Honorable Mayor and Members of the City Council
From: Fair Campaign Practices Commission
Submitted by: Sam Harvey, Secretary, Fair Campaign Practices Commission Subject: Fair Campaign Practices Commission FY2022-2023 Work Plan

INTRODUCTION
The Fair campaign Practices Commission (FCPC) has updated its work plan, which outlines Commission objectives for the upcoming fiscal year. This work plan includes ongoing compliance review of campaign statements; ongoing review of alleged violations of the Berkeley Election Reform Act (BERA); receiving trainings on various topics including due process, complaint hearings processes, the Brown Act, conflicts of interest, BERA and campaign reporting obligations, and legislative vs. quasi-judicial roles of the Commission; developing recommendations for removing barriers to access for candidates by streamlining and simplifying City’s campaign rules, regulations and procedures; reviewing BERA enforcement procedures; and working collaboratively with the City Council to develop policy related to Officeholder Accounts.

CURRENT SITUATION AND ITS EFFECTS
At the regular meeting on June 16, 2022, the Fair Campaign Practices Commission unanimously approved the FY2022-2023 Work Plan, which will be used to guide the Commission’s work throughout the year.

Action: M/S/C (Tsang/Hernandez) to approve work plan with changes.

Vote: Ayes: Blome, Ching, Hernandez, Newman, O’Donnell, Tsang, Hynes; Noes:
none; Abstain: none; Absent: Humbert, Sheahan.

BACKGROUND
See attached Work Plan.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
No environmental or climate impacts or opportunities were identified as a result of this recommendation.

Fair Campaign Practices Commission

POSSIBLE FUTURE ACTION
Based on Commission research and public hearings, new initiatives and recommendations to City Council may be submitted to City Council at such time deemed necessary.

FISCAL IMPACTS OF POSSIBLE FUTURE ACTION
Unknown, but none expected.

CONTACT PERSON
Samuel Harvey, Commission Secretary, City Attorney’s Office (510) 981-6998 James Hynes, Chairperson, (510) 981-6998
Attachment: 1: Fair Campaign Practices Commission Work Plan

Attachment 1
Fair Campaign Practices Commission
Work Plan for FY2022-2023 (July 1, 2022- June 30, 2023) Approved June 16, 2022
 Ongoing compliance review of campaign statements.
 Ongoing review of alleged violations of BERA.
 Receive trainings on various topics including:
o Due process and complaint hearings processes
o Brown Act
o Conflicts of interest
o Berkeley Election Reform Act and campaign reporting obligations o Legislative vs. quasi-judicial roles of the Commission  Develop recommendations for removing barriers to access for candidates by streamlining and simplifying City’s campaign rules, regulations and procedures.
 Review BERA enforcement procedures.
 Work collaboratively with the City Council to develop policy related to Officeholder Accounts.

Open Government Commission

INFORMATION CALENDAR
November 29, 2022
To: Honorable Mayor and Members of the City Council
From: Open Government Commission
Submitted by: Samuel Harvey, Secretary, Open Government Commission Subject: Open Government Commission FY2022-2023 Work Plan

INTRODUCTION
The Open Government Commission (OGC) has updated its work plan, which outlines Commission objectives for the upcoming fiscal year. This work plan includes the ongoing review of complaints concerning alleged non-compliance with the Open Government Ordinance, the Brown Act, the Public Records Act, or the Lobbyist Registration Act; proposing legislation or procedures to ensure the City’s compliance with the Open Government Ordinance, the Brown Act, the Public Records Act, and the Lobbyist Registration Act; administering and making more effective the Lobbyist Registration Ordinance; advising the City Council of any action or policy that would enhance open and effective government in the City; reviewing, approving, and forwarding to City Council the annual report submitted to the Open Government Commission by the City Manager regarding compliance with the Open Government Ordinance, the Public Records Act, the Brown Act, the Lobbyist Registration Act, and any other information the City Manager deems appropriate for open and effective government in the City of Berkeley; working collaboratively with the City Council to monitor and evaluate policies related to Council District (D-13) accounts; and receiving trainings on topics including the Brown Act, conflicts of interest, the Public Records Act, the Open Government Ordinance, and the Berkeley Lobbyist Registration Act.

CURRENT SITUATION AND ITS EFFECTS
At the regular meeting on June 16, 2022, the Open Government Commission unanimously approved the FY2022-2023 Work Plan, which will be used to guide the Commission’s work throughout the year.

M/S/C (Blome/Hernandez) to adopt work plan with amendments regarding work related to D-13 accounts
Ayes: Blome, Ching, Hernandez, Newman, O’Donnell, Tsang, Hynes; Noes: none; Abstain: none; Absent: Humbert, Sheahan.

Open Government Commission

BACKGROUND
See attached Work Plan.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
No environmental impacts or opportunities were identified as a result of this recommendation.

POSSIBLE FUTURE ACTION
Based on Commission research and public hearings, new initiatives and recommendations to City Council may be submitted to City Council at such time deemed necessary.

FISCAL IMPACTS OF POSSIBLE FUTURE ACTION
Unknown, but none expected.

CONTACT PERSON
Samuel Harvey, Commission Secretary (510) 981-6998
James Hynes, Chairperson (510) 98106998
Attachment: 1: Open Government Commission FY2022-2023 Work Plan

Open Government Commission
Attachment 1
Work Plan for FY2022-2023 (July 1, 2022- June 30, 2023) Approved June 16, 2022
• Ongoing review of complaints concerning alleged non-compliance with the Open Government Ordinance, the Brown Act, the Public Records Act, or the Lobbyist Registration Act.
• Propose legislation or procedures to further ensure the City of Berkeley’s compliance with the Open Government Ordinance, the Brown Act, the Public Records Act, and the Lobbyist Registration Act.
• Administer and make more effective the Lobbyist Registration Ordinance. • Advise the City Council of any action or policy that would enhance open and effective government in the City of Berkeley.
• Review, approve, and forward to the City Council the annual report submitted to the Open Government Commission by the City Manager regarding compliance with the Open Government Ordinance, the Public Records Act, the Brown Act, the Lobbyist Registration Act, and any other information the City Manager deems appropriate for open and effective government in the City of Berkeley. • Work collaboratively with the City Council to monitor and evaluate policies related to Council District (“D-13”) accounts.
• Receive trainings on various topics including:
o Brown Act
o Conflicts of Interest
o Public Records Act
o Open Governance Ordinance
o Berkeley Lobbyist Registration Act