Agenda packet — Berkeley City Council, January 17, 2023 (part 1 of 3)

Tuesday, January 17, 2023 AGENDA Page 1

AG E N D A

BERKELEY CITY COUNCIL MEETING
Tuesday, January 17, 2023
6:00 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702

JESSE ARREGUIN, MAYOR
Councilmembers:

DISTRICT 1 – RASHI KESARWANI DISTRICT 5 – SOPHIE HAHN
DISTRICT 2 – TERRY TAPLIN DISTRICT 6 – SUSAN WENGRAF
DISTRICT 3 – BEN BARTLETT DISTRICT 7 – RIGEL ROBINSON
DISTRICT 4 – KATE HARRISON DISTRICT 8 – MARK HUMBERT
PUBLIC ADVISORY: THIS MEETING WILL BE CONDUCTED IN A HYBRID MODEL WITH BOTH IN -PERSON

ATTENDANCE AND VIRTUAL PARTICIPATION
For in-person attendees, face coverings or masks that cover both the nose and the mouth are required. Physically distanced seating will be available. If you are feeling sick, please do not attend the meeting in person.

Live captioned broadcasts of Council Meetings are available on Cable B -TV (Channel 33) and via internet accessible video stream at http://berkeley.granicus.com/MediaPlayer.php?publish_id=1244.

To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device: Please use this UR L https://cityofberkeley-info.zoomgov.com/j/1610052107. If you do not wish for your name to appear on the screen, then use the drop down menu and click on "rename" to rename yourself to be anonymous. To request to speak, use the “raise hand” icon by rolling over the bottom of the screen.

To join by phone: Dial 1-669-254-5252 or 1-833-568-8864 (Toll Free) and enter Meeting ID: 161 005 2107. If you wish to comment during the public comment portion of the agenda, Press *9 and wait to be recognized by the Chair.

Please be mindful that the meeting will be recor ded and all rules of procedure and decorum apply for in-person attendees and those participating by teleconference or videoconference.

To submit a written communication for the City Council’s consideration and inclusion in the public record , email [email protected].

This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953. Any member of the public may attend this meeting. Questions regarding this matt er may be addressed to Mark Numainville, City Clerk, (510) 981 -6900. The City Council may take action related to any subject listed on the Agenda. Meetings will adjourn at 11:00 p.m. - any items outstanding at that time will be carried over to a date/time to be specified.

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Tuesday, January 17, 2023 AGENDA Page 2

Preliminary Matters
Roll Call:

Land Acknowledgement Statement: The City of Berkeley recognizes that the community we live in was built on the territory of xučyun (Huchiun (Hooch-yoon)), the ancestral and unceded land of the Chochenyo (Cho-chen-yo)-speaking Ohlone (Oh-low-nee) people, the ancestors and descendants of the sovereign Verona Band of Alameda County. This land was and continues to be of great importance to all of the Ohlone Tribes and descendants of the Verona Band. As we begin our meeting tonight, we acknowledge and honor the original inhabitants of Berkeley, the documented 5,000 -year history of a vibrant community at the West Berkeley Shellmound, and the Ohlone people who continue to reside in the East Bay. We recognize that Berkeley’s residents have and continue to benefit from the use and occupation of this unceded stolen land since the City of Berkeley’s incorporation in 1878. As stewards of the laws regulating the City of Berkeley, it is not only vital that we recognize t he history of this land, but also recognize that the Ohlone people are present members of Berkeley and other East Bay communities today. The City of Berkeley will continue to build relationships with the Lisjan Tribe and to create meaningful actions that uphold the intention of this land acknowledgement.

Ceremonial Matters: In addition to those items listed on the agenda, the Mayor may add additional ceremonial matters.

City Manager Comments: The City Manager may make announcements or provide information to the City Council in the form of an oral report. The Council will not take action on such items but may request the City Manager place a report on a future agenda for discussion.

Public Comment on Non-Agenda Matters: Persons will be selected to address matters not on the Council agenda. If five or fewer persons wish to speak, each person selected will be allotted two minutes each. If more than five persons wish to speak, up to ten persons w ill be selected to address matters not on the Council agenda and each person selected will be allotted one minute each. Persons attending the meeting in-person and wishing to address the Council on matters not on the Council agenda during the initial ten-minute period for such comment, must submit a speaker card to the City Clerk in person at the meeting location and prior to commencement of that meeting. The remainder of the speakers wishing to address the Council on non-agenda items will be heard at the end of the agenda.

Consent Calendar
The Council will first determine whether to move items on the agenda for “Action” or “Information” to the “Consent Calendar”, or move “Consent Calendar” items to “Action.” Three members of the City Council must agree to pull an item from the Consent Calendar or Information Calendar for it to move to Action.

Items that remain on the “Consent Calendar” are voted on in one motion as a group. “Information” items are not discussed or acted upon at the Council meeting unless they are moved to “Action” or “Consent”.

No additional items can be moved onto the Consent Calendar once public comment has commenced. At any time during, or immediately after, public comment on Information and Consent items, any Councilmember may move any Information or Consent item to “Action.” Following this, the Council will vote on the items remaining on the Consent Calendar in one motion.

For items moved to the Action Calendar from the Consent Calendar or Information Calendar, persons who spoke on the item during the Consent Calendar public comment period may speak again at the time the matter is taken up during the Action Calendar.

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Tuesday, January 17, 2023 AGENDA Page 3
Public Comment on Consent Calendar and Information Items Only: The Council will take public comment on any items that are either on the amended Consent Calendar or the Information Calendar. Speakers will be entitled to two minutes each to speak in opposition to or support of Consent Calendar and Information Items. A speaker may only speak once during the period for pub lic comment on Consent Calendar and Information items.

Additional information regarding public comment by City of Berkeley employees and interns: Employees and interns of the City of Berkeley, although not required, are encouraged to identify themselves as such, the department in which they work and state whether they are speaking as an individual or in their official capacity when addressing the Council in open session or workshops.

Consent Calendar

1. Zoning Ordinance Amendments Making Technical Edits and Corrections to Berkeley Municipal Code (BMC) Title 23
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,850-N.S. containing technical edits, corrections and other non-substantive amendments to the following sections of the Zoning Ordinance:
- BMC Section 23.108.020 (Zoning Districts)
- BMC Section 23.202.020 (Allowed Land Uses)
- BMC Section 23.202.140 (R-SMU District)
- BMC Section 23.204.150 (R-BMU District)
- BMC Section 23.204.020 (Allowed Land Uses)
- BMC Section 23.204.060 (C-U District)
- BMC Section 23.204.080 (C-E District)
- BMC Section 23.204.100 (C-SA District)
- BMC Section 23.206.040 (Use-Specific Regulations)
- BMC Section 23.406.050 (Variances)
- BMC Section 23.502.020 (Glossary)
First Reading Vote: All Ayes.

Financial Implications: None
Contact: Jordan Klein, Planning and Development, (510) 981-7400

2. Amendment: FY 2023 Annual Appropriations Ordinance
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,851-N.S. amending the FY 2023 Annual Appropriations Ordinance No. 7,828-N.S. for fiscal year 2023 based upon recommended re-appropriation of committed FY 2022 funding and other adjustments authorized since July 1, 2022, in the amount of $178,289,951 (gross) and $172,028,412 (net).

First Reading Vote: All Ayes.

Financial Implications: See Report.

Contact: Sharon Friedrichsen, Budget Manager, (510) 981-7000

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Consent Calendar
Tuesday, January 17, 2023 AGENDA Page 4

3. Minutes for Approval
From: City Manager
Recommendation: Approve the minutes for the Council meetings of November 3 (regular), November 14 (closed), November 15 (special and regular), November 21 (special), November 28 (closed), November 29 (regular), December 6 (regular), December 12 (closed), and December 13, 2022 (special and regular) Financial Implications: None
Contact: Mark Numainville, Commission Secretary, (510) 981-6900

4. Approval of donated sculpture gift, Queen Shamiram by Fred Parhad, valued at $225,000, for inclusion in the City of Berkeley’s Public Art Collection From: City Manager
Recommendation: Adopt a Resolution approving the gift of a sculpture by artist Fred Parhad titled Queen Shamiram, valued at $225,000, donated by Narsai and Venus David to the City of Berkeley’s Public Art Collection. The artwork will be installed for permanent display along the pedestrian path at the southeast corner of Maudelle Shirek Building at Martin Luther King Jr. Way and Allston Way as approved by the Civic Arts Commission.

Financial Implications: See report
Contact: Eleanor Hollander, Economic Development, (510) 981-7530

5. Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on January 17, 2023
From: City Manager
Recommendation: Approve the request for proposals or invitation for bids (attached to staff report) that will be, or are planned to be, issued upon final approval by the requesting department or division. All contracts over the City Manager’s threshold will be returned to Council for final approval.

Financial Implications: $3,506,000
Contact: Henry Oyekanmi, Finance, (510) 981-7300

6. Contract No. 32000146 Amendment: Aramark for Uniforms and Laundering From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32000146 with Aramark Uniform Services to continue to meet the uniform-related needs of City departments, extending the term through FY 2025 and increasing the contract amount by $550,000 for a total not-to-exceed amount of $1,017,000.

Financial Implications: $1,017,000
Contact: Henry Oyekanmi, Finance, (510) 981-7300

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Consent Calendar
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7. Contract No. 32300064 Amendment: Tiana Sanchez International, LLC for HHCS Equity Consultant
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 32300064 with Tiana Sanchez International, LLC to add $21,078 and extend the term of the Health, Housing, and Community Services (HHCS) Equity Consultant contract to January 31, 2024 with a not to exceed amount of $141,078.

Financial Implications: One-Time Grant Fund - $21,078
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400

8. Revenue Grant Agreement: Funding Support from the State of California:

California Home Visiting Program
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to submit a grant agreement to the State of California, to accept the grants, and execute any resultant revenue agreements and amendments to conduct public health promotion, protection, and prevention services for the California Home Visiting Program in the projected total amount of $2,473,611 for July 1, 2022 to June 30, 2028.

Financial Implications: See report.

Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400

9. ***Item Removed from the Agenda by the City Manager*** Contract No. 32000226 Amendment: MidAmerica Administrative & Retirement Solutions, Third Party Administrator for SRIP I Disability, Police Employees Retiree Income Plan, and Health Reimbursement Accounts for Retiree Health Premium Assistance Plan Reimbursements
From: City Manager
Contact: Aram Kouyoumdjian, Human Resources, (510) 981-6800

10. Establish Classification and Salary – Medical Director From: City Manager
Recommendation: Adopt a Resolution to establish the represented classification of Medical Director with a monthly salary range of $15,671.76 – $17,802.72.

Financial Implications: See report
Contact: Aram Kouyoumdjian, Human Resources, (510) 981-6800

11. Contract: Presidio for Micro-Segmentation
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to award a contract to Presidio for implementing micro-segmentation for a total not to exceed amount of $822,512, from January 18, 2023 to June 30, 2028.

Financial Implications: See report
Contact: Kevin Fong, Information Technology, (510) 981-6500

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Consent Calendar
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12. Lease Agreement: Bay Area Hispano Institute for Advancement (BAHIA) at building 1718 8th Street, at James Kenney Park
From: City Manager
Recommendation: Adopt first reading of an Ordinance authorizing the City Manager to execute a lease agreement with Bay Area Hispano Institute for Advancement (BAHIA) to use the building at 1718 8th Street, adjacent to James Kenney Community Center, in James Kenney Park for a 15-year lease term anticipated to begin March 1, 2023 and ending February 1, 2038, with one 5-year option to renew.

Financial Implications: See report.

Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

Council Consent Items

13. Support for SB 4: Affordable Housing on Faith Lands Act From: Mayor Arreguin (Author)
Recommendation: Adopt a Resolution in support of Senate Bill 4 with amendments, the Affordable Housing on Faith Lands Act, introduced by Senator Scott Weiner.

Send a copy of the Resolution to Governor Gavin Newsom, State Senators Nancy Skinner and Scott Weiner, and Assemblymember Buffy Wicks.

Financial Implications: See report
Contact: Jesse Arreguin, Mayor, (510) 981-7100

14. Twelfth Annual Martin Luther King Jr. Celebration: City Sponsorship and Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Fund
From: Mayor Arreguin (Author), Councilmember Wengraf (Co-Sponsor), Councilmember Hahn (Co-Sponsor)
Recommendation:

1. Adopt a Resolution retroactively co-sponsoring the 12th Annual Martin Luther King Jr. Celebration Breakfast on January 16, 2023.

2. Adopt a Resolution approving the expenditure of an amount not to exceed $250 per Councilmember including $250 from Mayor Arreguin, to the Berkeley Rotary Endowment, the fiscal sponsor of the 12th Annual Martin Luther King Jr. celebration, with funds relinquished to the City’s general fund for this purpose from the discretionary Council Office Budgets of Mayor Arreguin and any other Councilmembers who would like to contribute.

Financial Implications: Mayor's Discretionary Funds - $250 Contact: Jesse Arreguin, Mayor, (510) 981-7100

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Council Consent Items
Tuesday, January 17, 2023 AGENDA Page 7

15. Amend Contract No. 32200161 with Community Development Partners to extend consulting work associated with Equitable Black Berkeley Initiative From: Mayor Arreguin (Author)
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32200161 with Community Development Partners (CDP) to add $75,000 to the existing ideation facilitator contract supporting the Equitable Black Berkeley Initiative for a total contact amount not to exceed $125,000 and extending the contract term to September 30, 2023.

Financial Implications: See report
Contact: Jesse Arreguin, Mayor, (510) 981-7100

16. Referral for a Security Assessment of the 1700 and 1600 Blocks of San Pablo Avenue
From: Councilmember Kesarwani (Author)
Recommendation: Refer to the City Manager to conduct a security assessment of the 1700 and 1600 blocks of San Pablo Avenue two months after the City of Berkeley has entered into a lease of real property located at 1720 San Pablo Avenue (hereafter referred to as Berkeley Inn, a 27-room motel). Additional security measures deemed necessary should be implemented as soon as practicable after the security assessment is completed. Recommended aspects of the security assessment and possible security measures are described in the report.

Financial Implications: See report
Contact: Rashi Kesarwani, Councilmember, District 1, (510) 981-7110

17. Resolution in Support of SB-36 (Skinner)
From: Councilmember Wengraf (Author), Councilmember Harrison (Co- Sponsor), Councilmember Humbert (Co-Sponsor), Councilmember Hahn (Co- Sponsor)
Recommendation: Adopt a Resolution in support of SB-36: Out-of-state criminal charges: prosecution related to abortion and gender-affirming care (Skinner) and send copies to Senator Skinner, Assembly Member Wicks and Governor Newsom.

Financial Implications: None
Contact: Susan Wengraf, Councilmember, District 6, (510) 981-7160

18. Relinquishment of Council Office Budget Funds to the General Fund and Grant of Such Funds for Pacific Center for Human Growth
From: Councilmember Robinson (Author)
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $1,000 per Councilmember, including $1,000 from Councilmember Robinson, to Pacific Center for Human Growth to assist with urgent lease signing and renovation costs.

Financial Implications: Councilmember's Discretionary Funds - $1,000 Contact: Rigel Robinson, Councilmember, District 7, (510) 981-7170

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Action Calendar
Tuesday, January 17, 2023 AGENDA Page 8
The public may comment on each item listed on the agenda for action as the item is taken up. For items moved to the Action Calendar from the Consent Calendar or Information Calendar, persons who spoke on the item during the Consent Calendar public comment period may speak again at the time the matter is taken up during the Action Calendar.

The Presiding Officer will request that persons wishing to speak use the "raise hand" function to determine the number of persons interested in speaking at that time. Up to ten (10) speakers may speak for two minutes. If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker. Speakers are permitted to yi eld their time to one other speaker, however no one speaker shall have more than four minutes. The Presiding Officer may, with the consent of persons representing both sides of an issue, allocate a block of time to each side to present their issue.

Action items may be reordered at the discretion of the Chair with the consent of Council.

Action Calendar – Old Business

19. Status Report - Berkeley's Financial Condition (FY 2012 - FY 2021): Pension Liabilities and Infrastructure Need Attention (Continued from December 13, 2022) From: City Manager
Contact: Sharon Friedrichsen, Budget Manager, (510) 981-7000

Action Calendar – Public Hearings
Staff shall introduce the public hearing item and present their comments. This is followed by five-minute presentations each by the appellant and applicant. The Presiding Officer will request that persons wishing to speak use the "raise hand" function to be recognized and to determine the number of persons interested in speaking at that time.

Up to ten (10) speakers may speak for two minutes. If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker.

The Presiding Officer may with the consent of persons representing both sides of an issue allocate a block of time to each side to present their issue.

Each member of the City Council shall verbally disclose all ex parte contacts concerning the subject of the hearing. Councilmembers shall also submit a report of such contacts in writing prior to the commencement of the hearing. Written reports shall be available for public review in the office of the City Clerk.

20. Changes to Selected Camps Program Fees
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution approving new fees and increasing current fees for select recreation programs and facility rentals; and rescinding Resolution No. 70,193 N.S. and all amendatory resolutions.

Financial Implications: See report.

Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

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Action Calendar – Public Hearings
Tuesday, January 17, 2023 AGENDA Page 9

21. Citywide Affordable Housing Requirements
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion:

1. Adopt first reading of an Ordinance to amending the Berkeley Municipal Code Chapter 23.328, updating the citywide Affordable Housing Requirements (AHR) in the Zoning Ordinance, repealing existing administration and zoning code sections that refer to affordable housing requirements, BMC Section 22.20.065, and Section

23.312.040(A)(6), and updating references to BMC Chapter 23.328 throughout the Berkeley Municipal Code, to become effective on April 1, 2023.

2. Adopt a Resolution establishing regulations for a voucher program and establishing an in-lieu fee pursuant to BMC Section 23.328.020(A)(2) upon the effective date of contemporaneously adopted amendments to BMC Section 23.328, and rescind Resolution No. 68,074-N.S. related to fees, exemptions, and administration of inclusionary affordable housing and in-lieu programs upon the effective date of contemporaneously adopted amendments to BMC Section 23.328.

Financial Implications: See report
Contact: Jordan Klein, Planning and Development, (510) 981-7400, Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400

Action Calendar – Old Business

22. Resolution Supporting Trip Reduction Alternative for BUSD Berkeley High School Tennis and Parking Structure Project (Continued from December 13, 2022)
From: Councilmember Taplin (Author), Councilmember Harrison (Co-Sponsor) Recommendation: Adopt a Resolution in support of a Trip Reduction Alternative to be included in the scope of the Environmental Impact Report for the Berkeley High School Tennis and Parking Structure Project at 2000 Bancroft Way, and send a copy of Resolution to the Berkeley Unified School District (BUSD) Board of Directors.

Financial Implications: None
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120

Public Comment – Items Not Listed on the Agenda
Adjournment
NOTICE CONCERNING YOUR LEGAL RIGHTS : If you object to a decision by the City Council to approve or deny a use permit or v ariance for a project the following requirements and restrictions apply:
1) No lawsuit challenging a City decision to deny (Code Civ. Proc. §1094.6(b)) or approve (Gov. Code 65009(c)(5)) a use permit or variance may be filed more than 90 days after the da te the Notice of Decision of the action of the City Council is mailed. Any lawsuit not filed within that 90 -day period will be barred. 2) In any lawsuit that may be filed against a City Council decision to approve or deny a use permit or variance, the iss ues and evidence will be limited to those raised by you or someone else, orally or in writing, at a public hearing or prior to the close of the last public hearing on the project.

Archived indexed video streams are available at:
https://berkeleyca.gov/your-government/city-council/city-council-agendas.

Channel 33 rebroadcasts the following Wednesday at 9:00 a.m. and Sunday at 9:00 a.m.

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Tuesday, January 17, 2023 AGENDA Page 10

Communications to the 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 to the City Clerk Department at 2180 Milvia Street. 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 Department for further information.

Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the public counter at the City Clerk Department located on the first floor of City Hall located at 2180 Milvia Street as well as posted on the City's website at https://berkeleyca.gov/.

Agendas and agenda reports may be accessed via the Internet at:
https://berkeleyca.gov/your-government/city-council/city-council-agendas and may be read at reference desks at the following locations:

City Clerk Department - 2180 Milvia Street, First Floor Tel: 510-981-6900, TDD: 510-981-6903, Fax: 510-981-6901 Email: [email protected]

Libraries: Main – 2090 Kittredge Street,
Claremont Branch – 2940 Benvenue, West Branch – 1125 University, North Branch – 1170 The Alameda, South Branch – 1901 Russell

COMMUNICATION ACCESS INFORMATION:

This meeting is being held in a wheelchair accessible location.

To request a disability-related accommodation(s) to participate in the meeting, including auxiliary aids or services, please contact the Disability Services specialist at (510) 981-6418 (V) or (510) 981-6347 (TDD) at least three business days before the meeting date.

Attendees at public meetings are reminded that other attendees may be sensitive to various scents, whether natural or manufactured, in products and materials. Please help the Ci ty respect these needs.

Captioning services are provided at the meeting, on B -TV, and on the Internet. In addition, assisted listening devices for the hearing impaired are available from the City Clerk prior to the meeting, and are to be returned before the end of the meeting.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ I hereby certify that the agenda for this meeting 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 January 5, 2023.

Mark Numainville, City Clerk

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Tuesday, January 17, 2023 AGENDA Page 11
Communications
Council rules limit action on Communications to referral to the City Manager and/or Boards and Commissions for investigation and/or recommendations. All communications submitted to Council are public record. Copies of individual communications are available for viewing at the City Clerk Department and through Records Online.

Item #21: Citywide Affordable Housing Requirements

1. Trevor Nestor

2. Jason Martens

3. Jane White

4. Ruth Morgan

5. Medina Lam (2)

6. David Lerman
Tenants Opportunity to Purchase Act (TOPA)

7. Susan Bassein

8. Lynn Cooper

9. Katherine Bierce

10. Sheila Goldmacher

11. Rahel Smith

Eviction Moratorium

12. Yoni Mayeri

13. Susan Marchionna

14. Deborah Finch

15. Rob Gong and Maryan Gong

16. Robert Bahme

17. Leor Beary

18. Bhima Sheridan

19. Vincent Casalaina

20. Ben Davis

21. Debbie Woods

22. Jonatan Weldon

23. William Burton

24. Stan Momtchev

25. Sarah Davis

26. Jessica Bolhack

Hopkins Corridor

27. Susan Taylor

28. Cindi Goldberg

29. Howard Goldberg

30. Michelle Straka

31. Charles Shiflett

32. Mimi Abers

33. Carol Goines

34. Aliza Elias

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35. Wanda Warkentin

36. Diana Bohn (2)

37. Vivian Warkentin

38. Susan McKearnan

39. Donna Dediemar and Daniel Cheng

40. Councilmember Hahn

41. Patrick Gordis (2)

42. Virginia Kamp

43. Dorothea Dorenz

44. Graham Crowe

45. Jeanne Friedman

46. Peggy Radel

Homelessness

47. Eve Cowen

48. Friends of Five Creeks (2)

49. Daniel Goldberg

50. Maryann O’Sullivan

Warming Centers

51. Moni Law (3)

52. Robin R.

53. Glenn Turner

54. Nicholas Townsend

55. Katharine Bierce

56. Linda Wulf

57. Juli Dickey

58. Councilmember Harrison

59. Carole Marasovic

60. Arian Thompson-Lastad

North Berkeley BART Development

61. David Brandon

62. Erika Shore

63. Howard Goldberg

64. Carol Hirth

Ashby BART Development

65. Paul Lee

66. David Mendelsohn

67. Teresa Clarke

68. Niloufar Khonsari

69. Jane Scantlebury

70. Susi Marzuola

71. Bhima Sheridan

72. Laura Stevens

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Tuesday, January 17, 2023 AGENDA Page 13

Fire Evacuation

73. Margot Smith

Board Vacancies

74. Hansel Aguilar, on behalf of Police Accountability (2)

Measure L

75. Mark Lemkin

Traffic/Roads/Safety

76. Seth Kimball

77. Jack Kurzweil

78. Benjamin Chica-Betchart

79. Vicki Sommer

80. Mathew Lewis

81. Tom Gantert

82. Lauren Schiller

83. Eric Friedman

Guarantee Income Plans

84. Andrew Hardy

Parking Regulations in District 2

85. Cheryl Davila

86. Chadidjah McFall

87. Councilmember Taplin

Climate Change

88. Walter Wood

89. Wendy Chou

Civic Center Report

90. Margot Smith

Downtown Building Heights

91. Erika Shore

Witness Panel

92. Jolene Cook

La Pena Cultural Center

93. Natalia Neira Retamal

Berkeley Police Matters

94. John McMonagle

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Tuesday, January 17, 2023 AGENDA Page 14

95. Noah Goldberg

96. Anais-Olephelia Lino

97. Steve Bridges

98. Patty Chou

Emergency Batteries During Hill Fires

99. Mary Behm-Steinberg

People’s Park
100. Atma Das
101. James Mattson

IKE Kiosks
102. Cecilia Schall

Alcohol Sales on San Pablo/University Avenues
103. Jeff Vincent

Buy Local In Berkeley
104. Bob Flasher

Holiday Street Fair Concerns
105. Bob Chan, on behalf of Sizzling Lunch

Harm to Residents at 1865 Euclid Avenue
106. Shawn Rosenthal

Future Parks
107. James Mattson

Adopt A Drain
108. Bryce Nesbitt

Center Street Greenway and Strawberry Creek
109. Kirstin Miller

URL’s Only
110. Vivian Warkentin (4)

Supplemental Communications and Reports
Items received by the deadlines for submission will be compiled and distributed as follows. If no items are received by the deadline, no supplemental packet will be compiled for said deadline.

• Supplemental Communications and Reports 1
Available by 5:00 p.m. five days prior to the meeting.

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Tuesday, January 17, 2023 AGENDA Page 15
• Supplemental Communications and Reports 2
Available by 5:00 p.m. the day before the meeting.

• Supplemental Communications and Reports 3
Available by 5:00 p.m. two days following the meeting.

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Ordinance No. 7,850-N.S. Page 1 of 26
ORDINANCE NO. 7,850-N.S.

AMENDING TITLE 23 OF THE BERKELEY MUNICIPAL CODE TO CORRECT ERRORS

AND MAKE NON-SUBSTANTIVE, TECHNICAL EDITS TO THE ZONING ORDINANCE BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. That Berkeley Municipal Code Section 23.108.020 is amended as follows:

A. Districts. Berkeley is divided into districts as shown in Table 23.108-1: Zoning Districts. Unique regulations apply within each district as established in Chapters

23.202--23.208 (Zoning Districts).

Table 23.108-1. ZONING DISTRICTS

DISTRICT SYMBOL NAME OF DISTRICT
Residential Districts
R-1 Single-Family Residential
R-1A Limited Two-family Residential
ES-R Environmental Safety Residential
R-2 Restricted Two-family Residential
R-2A Restricted Multiple-family Residential
R-3 Multiple-family Residential
R-4 Multi-family Residential
R-5 High Density Residential
R-S Residential Southside
R-SMU Residential Southside Mixed Use
R-BMU Residential BART Mixed Use
Commercial Districts
C-C Corridor Commercial
C-U University Avenue Commercial
C-N Neighborhood Commercial

Page 1 of 26 ends

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Ordinance No. 7,850-N.S. Page 2 of 26

DISTRICT SYMBOL NAME OF DIST
RICT
C-E Elmwood Commercial
C-NS North Shattuck Commercial
C-SA South Area Commercial
C-T Telegraph Avenue Commercial
C-SO Solano Avenue Commercial
C-DMU Downtown Mixed-Use
C-W West Berkeley Commercial
C-AC Adeline Corridor Commercial
Manufacturing Districts
M Manufacturing
MM Mixed Manufacturing
MU-LI Mixed Use-Light Industrial
MU-R Mixed Use-Residential
Special Districts
SP Specific Plan
U Unclassified
B. Undesignated Areas. Any area not specifically designated as a district on the Zoning Map is subject to the Unclassified (U) district requirements.

C. Overlay Zones.

1. The Zoning Ordinance and Zoning Map include the overlay zones shown in Table 23.108-2: Overlay Zones. Overlay zones impose additional regulations on properties beyond what is required by the underlying district. As shown in Table

23.108-2: Overlay Zones, provisions for overlay zones that apply to two or more districts are located in Chapter 23.210 (Overlay Zones). Provisions for overlay zones that apply only in one district are located in the Zoning Ordinance chapter for that district.

Page 2 of 26 ends

Page 18 ends

Ordinance No. 7,850-N.S. Page 3 of 26
TABLE 23.108-2: OVERLAY ZONES

OVERLAY
ZONE
SYMBOL

NAME OF OVERLAY ZONE LOCATION IN ZONING ORDINANCE
Overlay Zones that Apply in Two or More Districts
H Hillside 23.210.020– Hillside Overlay Zone
C Civic Center 23.210.030– Civic Center District Overlay Zone
Overlay Zones that Apply in One District
DA Downtown Arts 23.204.130– C-DMU Downtown Mixed-Use
District (Arts Overlay District)

2. If the overlay zone applies a standard to a property that conflicts with the underlying district, the overlay zone standard governs. If the overlay zone is silent on a standard in the underlying district, the underlying district standard applies.

D. Vacated Streets. Where a public street or alley is officially vacated or abandoned, the land area of the street or alley acquires the district classification of the property to which it reverts.

Section 2. That Berkeley Municipal Code Section 23.202.020 is amended as follows:

23.202.020 Allowed Land Uses.

A. Allowed Land Uses. Table 23.202-1: Allowed Land Uses in Residential Districts identifies allowed land uses and required permits in the Residential Districts. All land uses are defined in Chapter 23.502--Glossary. Permit requirements are described in Chapter 23.406--Specific Permit Requirements.

B. Unlisted Land Uses. Any land use not listed in Table 23.202-1: Allowed Land Uses in Residential Districts is not permitted in the Residential District.

Table 23.202-1. ALLOWED LAND USES IN RESIDENTIAL DISTRICTS

Page 3 of 26 ends

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Ordinance No. 7,850-N.S. Page 4 of 26
RESIDENTIAL DISTRICTSZC = Zoning
Certificate
AUP =

ADMINISTRATIVE

USE PERMIT
UP(PH) = Use Permit
NP = Not Permitted
* Use-Specific
Regulations Apply
**--Required permits
for specific uses are
set forth in the R-BMU
Master Development
Permit (MDP). See

23.202.150.A and

23.202.150.D
R-1 R-1A ES-R R-2 R-2A R-3 R-4 R-5 R-S R-
SMU
R-
BMU*

USE-SPECIFIC

REGULATIONS

APPLIES TO

USES WITH AN

ASTERISK

FOLLOWING THE
PERMIT

REQUIREMENT
(E.G., ZC*)
Residential Uses
Accessory
Dwelling Unit
See 23.306--
Accessory
Dwelling Units
NP See 23.306--Accessory Dwelling Units
Dwellings
Single-
Family
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
NP
Two-Family NP UP(P
H)

NP UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
NP
Multi-Family NP NP NP UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
Group Living
Accommodatio
n

NP NP NP NP NP UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
Senior
Congregate
Housing
NP NP NP NP See 23.302.070.H--Use-Specific Regulations
Mixed-Use
Residential

NP NP NP UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
Public and Quasi-Public Uses
Child Care
Center
UP(P
H)
UP(P
H)

NP UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
Club/Lodge UP(P
H)
UP(P
H)

NP UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
Columbaria AUP* AUP* NP AUP* AUP* AUP* AUP* AUP* AUP* AUP* NP 23.302.070.

C--Use-
Specific
Regulations
Community
Care Facility
See 23.202.040.A--Use-Specific Regulations

Page 4 of 26 ends

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Ordinance No. 7,850-N.S. Page 5 of 26
RESIDENTIAL DISTRICTSZC = Zoning
Certificate
AUP =

ADMINISTRATIVE

USE PERMIT
UP(PH) = Use Permit
NP = Not Permitted
* Use-Specific
Regulations Apply
**--Required permits
for specific uses are
set forth in the R-BMU
Master Development
Permit (MDP). See

23.202.150.A and

23.202.150.D
R-1 R-1A ES-R R-2 R-2A R-3 R-4 R-5 R-S R-
SMU
R-
BMU*

USE-SPECIFIC

REGULATIONS

APPLIES TO

USES WITH AN

ASTERISK

FOLLOWING THE
PERMIT

REQUIREMENT
(E.G., ZC*)
Community
Center
UP(P
H)
UP(P
H)

NP UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
Emergency
Shelter
NP NP NP NP NP NP See 23.308
Family Day
Care Home,
Large

ZC ZC ZC ZC ZC ZC ZC ZC ZC ZC ZC
Family Day
Care Home,
Small

ZC ZC ZC ZC ZC ZC ZC ZC ZC ZC ZC
Hospital NP NP NP NP NP UP(P
H)
UP(P
H)
UP(P
H)

NP UP(P
H)
NP
Library UP(P
H)
UP(P
H)

NP UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
Nursing Home NP NP NP -- UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
NP
Park/Playgrou
nd

ZC ZC UP ZC ZC ZC ZC ZC ZC ZC ZC
Public Safety
and
Emergency
Service
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
Public Utility
Substation/Tan
k
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
Religious
Assembly
UP(P
H)
UP(P
H)

NP UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
School UP(P
H)
UP(P
H)

NP UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
Commercial Uses

Page 5 of 26 ends

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Ordinance No. 7,850-N.S. Page 6 of 26
RESIDENTIAL DISTRICTSZC = Zoning
Certificate
AUP =

ADMINISTRATIVE

USE PERMIT
UP(PH) = Use Permit
NP = Not Permitted
* Use-Specific
Regulations Apply
**--Required permits
for specific uses are
set forth in the R-BMU
Master Development
Permit (MDP). See

23.202.150.A and

23.202.150.D
R-1 R-1A ES-R R-2 R-2A R-3 R-4 R-5 R-S R-
SMU
R-
BMU*

USE-SPECIFIC

REGULATIONS

APPLIES TO

USES WITH AN

ASTERISK

FOLLOWING THE
PERMIT

REQUIREMENT
(E.G., ZC*)
Alcoholic
Beverage
Service

NP NP NP NP NP NP NP NP NP UP(P
H)*
UP(P
H)*

23.310--
Alcoholic
Beverage
Sales and
Service
Food Products
Store

NP NP NP NP NP NP NP NP NP UP(P
H)*
UP(P
H)*

23.202.140.

B.3--R-SMU
Residential
Southside
District
Food Service
Establishment

NP NP NP NP NP NP NP NP NP UP(P
H)*
UP(P
H)*

23.302.070.

E--Use-
Specific
Regulations
Group Class
Instruction

NP NP NP NP NP NP NP NP NP NP UP(P
H)*

23.202.150.

C--R-BMU
Residential
BART
Mixed Use
District
Gym/Health
Club

NP NP NP NP NP NP NP NP NP NP UP(P
H)*

23.202.150.

C--R-BMU
Residential
BART
Mixed Use
District
Hotel, Tourist NP NP NP NP NP NP UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
NP
Laundromat
and Cleaner

NP NP NP NP NP NP NP NP NP UP(P
H)
UP(P
H)
Office NP NP NP NP NP NP UP(P
H)
UP(P
H)

NP UP(P
H)
UP(P
H)*

23.202.150.

C--R-BMU

Page 6 of 26 ends

Page 22 ends

Ordinance No. 7,850-N.S. Page 7 of 26
RESIDENTIAL DISTRICTSZC = Zoning
Certificate
AUP =

ADMINISTRATIVE

USE PERMIT
UP(PH) = Use Permit
NP = Not Permitted
* Use-Specific
Regulations Apply
**--Required permits
for specific uses are
set forth in the R-BMU
Master Development
Permit (MDP). See

23.202.150.A and

23.202.150.D
R-1 R-1A ES-R R-2 R-2A R-3 R-4 R-5 R-S R-
SMU
R-
BMU*

USE-SPECIFIC

REGULATIONS

APPLIES TO

USES WITH AN

ASTERISK

FOLLOWING THE
PERMIT

REQUIREMENT
(E.G., ZC*)
Residential
BART
Mixed Use
District
Parking
Lot/Structure
UP(P
H)*
UP(P
H)*
UP(P
H)*
UP(P
H)*
UP(P
H)*
UP(P
H)*
UP(P
H)*
UP(P
H)*
UP(P
H)*
UP(P
H)*
UP(P
H)*

23.302.070.

G--
Unenclosed
Accessory
Structures
in
Residential
Districts

23.322.100-
-On-site
Loading
Spaces
Personal and
Household
Service,
General
NP NP NP NP NP NP NP NP NP ZC* ZC* 23.202.140.

B.2--R-SMU
Residential
Southside
District
Retail, General NP NP NP NP NP NP UP(P
H)*
UP(P
H)*
UP(P
H)*
UP(P
H)*
UP(P
H)*

23.202.040.

B--Use-
Specific
Regulations
Veterinary
Clinic

NP NP NP NP NP NP NP NP NP UP(P
H)
UP(P
H)
Theater NP NP NP NP NP NP NP NP NP NP UP(P
H)
Video
Tape/Disk
Rental

NP NP NP NP NP NP NP NP NP UP(P
H)
NP

Page 7 of 26 ends

Page 23 ends

Ordinance No. 7,850-N.S. Page 8 of 26
RESIDENTIAL DISTRICTSZC = Zoning
Certificate
AUP =

ADMINISTRATIVE

USE PERMIT
UP(PH) = Use Permit
NP = Not Permitted
* Use-Specific
Regulations Apply
**--Required permits
for specific uses are
set forth in the R-BMU
Master Development
Permit (MDP). See

23.202.150.A and

23.202.150.D
R-1 R-1A ES-R R-2 R-2A R-3 R-4 R-5 R-S R-
SMU
R-
BMU*

USE-SPECIFIC

REGULATIONS

APPLIES TO

USES WITH AN

ASTERISK

FOLLOWING THE
PERMIT

REQUIREMENT
(E.G., ZC*)
Industrial and Heavy Commercial Uses
Commercial
Excavation
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
Other Uses
Accessory
Uses
See 23.302.020.A--General Use Regulations
Art/Craft
Studio

NP NP NP NP NP NP NP NP NP NP ZC
ATM: Exterior
and Attached
to Bank or
Interior or
Exterior and
Not With Bank

NP NP NP NP NP NP NP NP NP NP AUP
Home
Occupations
See 23.302.040--Home Occupations
Live/Work NP NP NP NP NP NP NP NP NP NP UP(P
H)*

23.312--
Live/Work
Public Market,
Open Air

NP NP NP NP NP NP NP NP NP NP AUP
Public Market,
Enclosed

NP NP NP NP NP NP NP NP NP NP AUP
Short-Term
Rental
ZC* ZC* NP ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC* 23.314--
Short-Term
Rentals
Temporary
Uses
See 23.302.030--Temporary Uses and Structures
Urban
Agriculture,
Low-Impact
ZC* ZC* NP ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC* 23.318--
Urban
Agriculture

Page 8 of 26 ends

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Ordinance No. 7,850-N.S. Page 9 of 26
RESIDENTIAL DISTRICTSZC = Zoning
Certificate
AUP =

ADMINISTRATIVE

USE PERMIT
UP(PH) = Use Permit
NP = Not Permitted
* Use-Specific
Regulations Apply
**--Required permits
for specific uses are
set forth in the R-BMU
Master Development
Permit (MDP). See

23.202.150.A and

23.202.150.D
R-1 R-1A ES-R R-2 R-2A R-3 R-4 R-5 R-S R-
SMU
R-
BMU*

USE-SPECIFIC

REGULATIONS

APPLIES TO

USES WITH AN

ASTERISK

FOLLOWING THE
PERMIT

REQUIREMENT
(E.G., ZC*)
Urban
Agriculture,
High-Impact
AUP* AUP* NP AUP* AUP* AUP* AUP* AUP* AUP* AUP* AUP* 23.318-- Urban
Agriculture
Wireless
Telecommunic
ation Facility
See 23.332--Wireless Communication Facilities
C. Use-Specific Regulations. Uses subject to supplemental regulations are shown in Table 23.202-1: Allowed Land Uses in Residential Districts with an asterisk (*) following the permit requirement (e.g., UP*). The Use-Specific Regulations column in Table 23.202-1: Allowed Land Uses in Residential Districts identifies the location of these regulations in the Zoning Ordinance.

Section 3. That the title of Berkeley Municipal Code 23.202.140 is amended as follows:

23.202.140 R-SMU Residential Southside Mixed Use District Section 4. That the Berkeley Municipal Code 23.202.150.B.1 is amended as follows:

1. Dwelling Units per Acre: The quotient resulting from the total number of dwelling units on a site divided by the Lot Area.

Section 5. That Berkeley Municipal Code 23.202.150.C.1 is amended as follows:

1. General. See Section 23.202.020 (Allowed Land Uses), which indicates identified allowed land uses and which are prohibited.
(a) The initial establishment of a land use in a new building will follow the R-BMU Master Development Plan process outlined in Section 23.202.150.G below. (b) The change of use of an existing building or portion of a building will require the permits indicated in Section 23.202.020 and Table 23.202-1 for the R-BMU District.

Page 9 of 26 ends

Page 25 ends

Ordinance No. 7,850-N.S. Page 10 of 26
(c) Any use not listed in Table 23.202-1 for the R-BMU District can be approved through the Master Development Plan process outlined in Section

23.202.150.G below for the initial establishment of a land use in a new building. (d) Uses subject to supplemental regulations are shown in Table 23.202-1 with an asterisk (*) following the permit requirement (e.g., ZC*). The Use-Specific Regulations column in Table 23.202-1 identifies the location of these regulations in the Zoning Ordinance.

Section 6. That Berkeley Municipal Code Section 23.202.150.F Table 23.202-27 is amended as follows:

Table 23.202-28 Permitted Street-Facing Ground Floor Uses

FRONTAGE LOCATIONS PERMITTED STREET-FACING GROUND

FLOOR USES
Along Ashby and MLK Non-Residential Uses or non-
residential accessory spaces to
residential buildings, such as
community rooms. At least 50% of the
combined frontage of MLK and Ashby
must include active ground -floor
uses.[1] Active
uses at corner locations are
encouraged.

Along Adeline Non-Residential Uses or non-
residential accessory spaces to
residential buildings, such
as community rooms
Along Woolsey, Tremont [2], or fronting interior
public spaces
Residential or Non-Residential Uses
Along Sacramento, along the Ohlone Greenway,
or within 50 feet of any street corner
Residential or Non-Residential Uses
Along Delaware, Acton, or Virginia Residential Uses
[1] Active uses are commercial uses which generate regular and frequent foot traffic; such uses include businesses in the following use categories: Retail; Personal and Household Services; Food and Alcohol Service, and Entertainment. [2] Public entrances for non-residential uses fronting Tremont Street must be located on Woolsey Street.

Section 7. That Berkeley Municipal Code Section 23.202.150.F Table 23.202-28 is amended as follows:

Table 23.202-29 R-BMU Development Standards
Supplemental Standards
Lot Area, Minimum No Minimum 23.304.020

Page 10 of 26 ends

Page 26 ends

Ordinance No. 7,850-N.S. Page 11 of 26
Private Usable Open
Space, Minimum [1][2]

23.304.090
Per Dwelling Unit 40 sf/DU 23.304.090
Per Group Living
Accommodation
Resident
15 sf/resident 23.304.090
Public Open Space,
Minimum
Per Dwelling Unit 35 sf/DU
Per Group Living
Accommodation
Resident
18 sf/resident
Floor Area Ratio (FAR),
Maximum

4.2 Main Building height,
Maximum [3]
80 feet and 7
stories

32.304.050
Residential Density,
Minimum
75 dwelling units
per acre
[1] Private Usable Open Space may be provided as any combination of personal and common private space.
[2] 50% of the Private Usable Open Space requirement may be fulfilled through the provision of an equal amount of additional Public Open Space. [3] Building Height Measurement: In the case of a roof with a parapet wall, building height shall be measured to the top of the roof and parapets may exceed the height limits by up to five feet by right.

Section 8. That Berkeley Municipal Code Section 23.202.150.F.3.b.iv is amended as follows:
iv. Adjacent publicly owned space may contribute to the minimum public space requirement for the project, if it is designed, integrated and maintained as part of the project and complies with all other requirements for public space design identified in this section 23.202.150(F)3(b).

Section 9. That Berkeley Municipal Code Section 23.202.150.F.3.c is amended as follows:
(c) Rooftop Open Space. Rooftops may be utilized as Private Usable Open Space or Public Open Space meeting the requirements of 23.202.150.F.3.a (Additional Open Space Requirements--Definitions). Rooftop space designated Public Open Space must also meet the requirements of 23.202.150.F.3.b (Public Space Design). No more than 25% of Public Open Space requirements can be

Page 11 of 26 ends

Page 27 ends

Ordinance No. 7,850-N.S. Page 12 of 26
met with Rooftop Open Space, and such Public Open Space must be independently accessible from the public circulation network.

Section 10. That Berkeley Municipal Code Section 23.202.150.G.4.c is amended as follows:
(c) The Board shall determine whether the proposal conforms to the permit criteria set forth in Section 23.202.150.G.8, and may approve or disapprove the application and the accompanying Preliminary Development Plan or require such changes therein or impose such reasonable conditions of approval as are in its judgment necessary to ensure conformity to said criteria and regulations. In so doing, the Board may, in its discretion, authorize submission of the Final Development Plan in stages corresponding to different units or elements of the development. It may do so only upon evidence assuring completion of the entire development in accordance with the Preliminary Development Plan and staged development schedule.

Section 11. That Berkeley Municipal Code Section 23.202.150.G.5.b is amended as follows:
(b) The public notice and hearing process for a Final Development Plan shall be the same as for Use Permits as defined in BMC Section 23.406.040, except that notice shall be mailed or delivered to all businesses, residents and owners of property located within five hundred (500) feet of the subject property.

Section 12. That Berkeley Municipal Code Section 23.202.150.G.7 is amended as follows:

7. Appeal to Council. The process for appeal to Council for a Master Development Permit, Preliminary Development Plan and/or Final Development Plan shall be the same as for Use Permits as defined in BMC Chapter 23.410.

Section 13. That Berkeley Municipal Code Section 23.204.020 Table 23.204-1 is amended as follows:

Table 23.204-1. Allowed Uses in Commercial Districts

Page 12 of 26 ends

Page 28 ends

Ordinance No. 7,850-N.S. Page 13 of 26
COMMERCIAL DISTRICTSZC = Zoning Certificate
AUP = Administrative
Use Permit
UP(PH) = Use Permit
NP = Not Permitted
-- = Permitted with
AUP, see

23.204.020(B)
[#] = Table Note Permit
Requirement
* Use-Specific
Regulations Apply

C-C C-U C-N C-E C-NS C-SA C-T C-SO C-

DMU C-W C-AC
USE-

SPECIFIC

REGULAT
IONS
Residential Uses
Accessory Dwelling
Unit
See 23.306--Accessory Dwelling Units
Dwellings
Single-Family UP(P
H)
UP(P
H)*
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)

23.204.060
.B.3
Two-Family UP(P
H)
UP(P
H)*
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)

23.204.060
.B.3
Multi-Family UP(P
H)
UP(P
H)*
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)

23.204.060
.B.3
Group Living
Accommodation
UP(P
H)
UP(P
H)*
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)

23.204.060
.B.3
Hotel, Residential UP(P
H)
UP(P
H)*
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)

23.204.060
.B.3
Mixed-Use Residential UP(P
H)
UP(P
H)*
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)*
UP(P
H)
UP(P
H)
UP(P
H)
See
Table

23.20 4-41
UP(P
H)

23.204.060
.B.3;

23.204.100
.B.4
Senior Congregate
Housing
See 23.302.070.H
Public and Quasi-Public Uses
Child Care Center UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
Cemetery/Crematory/M
ausoleum

NP NP NP NP NP NP NP NP NP NP NP
Club/Lodge UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)

NP UP(P
H)
UP(P
H)

NP UP(P
H)
UP(P
H)
UP(P
H)
Columbaria See 23.302.070.C

Page 13 of 26 ends

Page 29 ends

Ordinance No. 7,850-N.S. Page 14 of 26
COMMERCIAL DISTRICTSZC = Zoning Certificate
AUP = Administrative
Use Permit
UP(PH) = Use Permit
NP = Not Permitted
-- = Permitted with
AUP, see

23.204.020(B)
[#] = Table Note Permit
Requirement
* Use-Specific
Regulations Apply

C-C C-U C-N C-E C-NS C-SA C-T C-SO C-

DMU C-W C-AC
USE-

SPECIFIC

REGULAT
IONS
Community Care
Facility

AUP AUP AUP AUP AUP AUP AUP AUP AUP ZC AUP
Community Center UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
Emergency Shelter See

23.308—
Emergency
Shelters
– – See 23.308 – Emergency Shelters
Family Day Care
Home, Large

ZC ZC ZC ZC ZC ZC ZC ZC ZC ZC ZC
Family Day Care
Home, Small

ZC ZC ZC ZC ZC ZC ZC ZC ZC ZC ZC
Hospital UP(P
H)
UP(P
H)

NP NP NP NP NP NP UP(P
H)
UP(P
H)
NP
Library UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
Mortuaries and
Crematories
UP(P
H)
UP(P
H)

NP NP NP NP NP NP NP UP(P
H)
NP
Municipal Animal
Shelter
– – – – – – – – – – --
Nursing Home UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
Park/Playground ZC ZC ZC ZC ZC ZC ZC ZC ZC AUP ZC
Public Safety and
Emergency Service
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
Public Utility
Substation/Tank
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
Religious Assembly UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)

AUP UP(P
H)

Page 14 of 26 ends

Page 30 ends

Ordinance No. 7,850-N.S. Page 15 of 26
COMMERCIAL DISTRICTSZC = Zoning Certificate
AUP = Administrative
Use Permit
UP(PH) = Use Permit
NP = Not Permitted
-- = Permitted with
AUP, see

23.204.020(B)
[#] = Table Note Permit
Requirement
* Use-Specific
Regulations Apply

C-C C-U C-N C-E C-NS C-SA C-T C-SO C-

DMU C-W C-AC
USE-

SPECIFIC

REGULAT
IONS
School UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
School, Vocational AUP AUP AUP AUP AUP AUP AUP AUP AUP UP(P H)
AUP
Retail Uses
Alcoholic Beverage
Retail Sale
UP(P
H)*
UP(P
H)*
UP(P
H)*
UP(P
H)*
UP(P
H)*
UP(P
H)*

NP UP(P
H)*
UP(P
H)*
UP(P
H)*
UP(P
H)*

23.204.060
.B.2;

23.310
Cannabis Retailer ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC* 23.320;

12.21; and

12.22 Cannabis Retailer,
Delivery Only
ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC* -- 23.320;

12.21; and

12.22 Firearm/Munitions
Business
UP(P
H)*
UP(P
H)*
UP(P
H)*
UP(P
H)*
UP(P
H)*
UP(P
H)*
UP(P
H)*
UP(P
H)*

NP UP(P
H)
UP(P
H)*

23.302.070
.D
Industrial and Mining
Products
– – – – – – – – – – --
Pawn Shop/Auction
House
UP(P
H)
– NP NP NP NP NP NP UP(P
H)
UP(P
H)
NP
Pet Store UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
ZC
[3]
UP(P
H)
Retail, General ZC
[1]
ZC
[1]
ZC*
[2]
ZC*
[2]
ZC*
[2]
ZC
[1]
ZC ZC*
[2]
ZC ZC*
[3]
ZC* 23.204.040
.E (for
department
stores)

23.204.040
.F (for drug
stores)

Page 15 of 26 ends

Page 31 ends

Ordinance No. 7,850-N.S. Page 16 of 26
COMMERCIAL DISTRICTSZC = Zoning Certificate
AUP = Administrative
Use Permit
UP(PH) = Use Permit
NP = Not Permitted
-- = Permitted with
AUP, see

23.204.020(B)
[#] = Table Note Permit
Requirement
* Use-Specific
Regulations Apply

C-C C-U C-N C-E C-NS C-SA C-T C-SO C-

DMU C-W C-AC
USE-

SPECIFIC

REGULAT
IONS
Smoke Shop UP(P
H)*
UP(P
H)*
UP(P
H)*
UP(P
H)*
UP(P
H)*
UP(P
H)*
UP(P
H)*
UP(P
H)*

NP UP(P
H)*
UP(P
H)*

23.302.070
.I
Personal and Household Service Uses
Personal and
Household Services,
General
ZC
[1]
ZC
[1]
ZC
[2]
ZC
[2]
ZC
[2]
ZC
[1]
ZC ZC
[2]
ZC ZC
[5]
ZC
Kennels and Pet
Boarding

NP NP NP NP NP NP NP NP NP UP(P
H)
NP
Laundromats and
Cleaners

AUP AUP UP(P
H)
UP(P
H)
UP(P
H)

AUP AUP UP(P
H)
UP(P
H)
AUP
[4]
AUP
Veterinary Clinic UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
Video Tape/Disk Rental ZC
[1]
ZC
[1]
ZC
[2]
AUP ZC
[2]
- ZC ZC
[2]
ZC ZC
[5]
NP
Office Uses
Business Support
Services
ZC
[1]
ZC
[1]
ZC
[2]
ZC
[2]
ZC
[2]
ZC
[1]
ZC* ZC
[2]
ZC ZC
[5]
ZC
[6]

23.204.110
.B.6
Banks and Financial
Services, Retail

AUP AUP UP(P
H)
UP(P
H)
UP(P
H)
ZC
[1]
AUP* UP(P
H)
ZC* AUP ZC 23.204.110
.B.6;

23.204.130
.B.3;

23.204.130
.D.3
Insurance Agents, Title
Companies, Real
Estate Agents, Travel
Agents
ZC
[1]
ZC
[1]
ZC*
[2]
ZC*
[2]
ZC*
[2]
ZC
[1]
ZC* ZC*
[2]
ZC* ZC
[5]
ZC
[6]

23.204.040
.D;

23.204.110
.B.6;

23.204.130
.D.3

Page 16 of 26 ends

Page 32 ends

Ordinance No. 7,850-N.S. Page 17 of 26
COMMERCIAL DISTRICTSZC = Zoning Certificate
AUP = Administrative
Use Permit
UP(PH) = Use Permit
NP = Not Permitted
-- = Permitted with
AUP, see

23.204.020(B)
[#] = Table Note Permit
Requirement
* Use-Specific
Regulations Apply

C-C C-U C-N C-E C-NS C-SA C-T C-SO C-

DMU C-W C-AC
USE-

SPECIFIC

REGULAT
IONS
Medical Practitioners ZC
[1]
ZC
[1]

AUP NP UP(P
H)
ZC
[1]
AUP* UP(P
H)
ZC* ZC
[5]
ZC
[6]

23.204.040
.D;

23.204.110
.B.6;

23.204.130
.D.3
Non-Chartered
Financial Institutions
UP(P
H)*
UP(P
H)*

NP NP NP UP(P
H)*
UP(P
H)*

NP NP UP(P
H)*
UP(P
H)

23.302.070
.F

23.204.110
.B.6
Office, Business and
Professional
ZC
[1]
ZC
[1]
AUP* AUP* AUP* ZC
[1]
AUP* AUP* ZC* ZC
[5]
ZC
[6]

23.204.040
.B;

23.204.110
.B.6;

23.204.130
.D.3
Food and Alcohol Service, Lodging, Entertainment, and Assembly Uses Adult-oriented Business UP(P
H)*
UP(P
H)*

NP NP NP NP NP NP UP(P
H)*
UP(P
H)*
NP 23.302.070
.A
Amusement Device
Arcade
See 23.204.040.A 23.302.070
.B
Bar/Cocktail
Lounge/Tavern
UP(P
H)*
UP(P
H)*
UP(P
H)*
– NP UP(P
H)*
UP(P
H)*

NP UP(P
H)*
UP(P
H)*
UP(P
H)

23.204.100
.B.3;

23.204.110
.B.2;

23.310
Commercial Recreation
Center
See 23.204.040.A
Dance/Exercise/Martial
Arts/Music Studio
ZC
[1]
ZC
[1]
ZC
[2]

AUP AUP
[4]
ZC
[1]

ZC AUP ZC ZC
[7]
ZC

Page 17 of 26 ends

Page 33 ends

Ordinance No. 7,850-N.S. Page 18 of 26
COMMERCIAL DISTRICTSZC = Zoning Certificate
AUP = Administrative
Use Permit
UP(PH) = Use Permit
NP = Not Permitted
-- = Permitted with
AUP, see

23.204.020(B)
[#] = Table Note Permit
Requirement
* Use-Specific
Regulations Apply

C-C C-U C-N C-E C-NS C-SA C-T C-SO C-

DMU C-W C-AC
USE-

SPECIFIC

REGULAT
IONS
Entertainment
Establishment
UP(P
H)
UP(P
H)
UP(P
H)

NP UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
Food Service
Establishment
See 23.302.070.E
Group Class Instruction ZC
[1]
ZC
[1]
AUP AUP AUP* ZC
[1]
ZC* AUP ZC* ZC ZC 23.204.040
.B
Gym/Health Club See 23.204.040.C
Hotels, Tourist UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
Motels, Tourist UP(P
H)
UP(P
H)

NP NP NP NP NP NP UP(P
H)
UP(P
H)
NP
Theater UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)

NP UP(P
H)
UP(P
H)

NP AUP UP(P
H)
UP(P
H)
Vehicle Service and Sales Uses
Alternative Fuel Station UP(P
H)
UP(P
H)
UP(P
H)

NP UP(P
H)
UP(P
H)
NP* UP(P
H)
NP AUP* UP(P
H)

23.204.110
.B.4;

23.204.140
.B.3
Electric Vehicle
Charging Station
AUP AUP AUP AUP AUP AUP AUP AUP AUP AUP* AUP
Gasoline Fuel Stations UP(P
H)
UP(P
H)
UP(P
H)

NP UP(P
H)
UP(P
H)
NP* UP(P
H)

NP UP(P
H)*
UP(P
H)

23.204.140
.B.3
Large Vehicle Sales
and Rental
AUP NP NP NP NP NP NP NP NP AUP*
[8]
NP 23.204.140
.B.3
Small Vehicle Sales
and Service

AUP NP NP NP NP UP(P
H)*

NP NP UP(P
H)
UP(P
H)*
NP 23.204.100
.B.5;

23.204.140
.B.3
Tire Sales and Service UP(P
H)

NP NP NP NP NP NP NP NP UP(P
H)*
NP 23.204.140
.B.3

Page 18 of 26 ends

Page 34 ends

Ordinance No. 7,850-N.S. Page 19 of 26
COMMERCIAL DISTRICTSZC = Zoning Certificate
AUP = Administrative
Use Permit
UP(PH) = Use Permit
NP = Not Permitted
-- = Permitted with
AUP, see

23.204.020(B)
[#] = Table Note Permit
Requirement
* Use-Specific
Regulations Apply

C-C C-U C-N C-E C-NS C-SA C-T C-SO C-

DMU C-W C-AC
USE-

SPECIFIC

REGULAT
IONS
Vehicle Parts Store ZC
[1]
NP ZC
[2]
ZC
[2]
ZC
[2]
ZC
[1]
ZC ZC
[2]
NP AUP*
[8]
ZC
Vehicle Rentals AUP NP NP NP NP NP NP NP UP(P
H)
AUP*
[8]
NP 23.204.140
.B.3
Vehicle Repair and
Service
AUP NP NP NP NP NP NP NP NP AUP*
[8]
NP
Vehicle Sales, New AUP NP NP NP NP UP(P
H)*

NP NP UP(P
H)
AUP*
[8]
NP 23.204.100
.B.5

23.204.140
.B.3
Vehicle Sales, Used AUP NP NP NP NP UP(P
H)*

NP NP UP(P
H)
UP(P
H)*
NP 23.204.100
.B.5;

23.204.140
.B.3;

23.204.140
.D.4
Vehicle Wash UP(P
H)

NP NP NP NP NP NP NP NP UP(P
H)*
NP 23.204.140
.B.3
Vehicle Wrecking NP NP NP NP NP NP NP NP NP NP NP
Industrial and Heavy Commercial Uses
Bus/Cab/Truck/Public
Utility Depot
– – – – – – – – – – --
Commercial Excavation UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
– NP UP(P
H)
Contractors Yard – – – – – – – – – AUP --
Dry Cleaning and
Laundry Plant
UP(P
H)
UP(P
H)
NP – UP(P
H)

NP NP NP UP(P
H)
NP NP
Laboratory
Commercial Physical
or Biological

AUP AUP NP NP NP NP NP NP AUP NP NP

Page 19 of 26 ends

Page 35 ends

Ordinance No. 7,850-N.S. Page 20 of 26
COMMERCIAL DISTRICTSZC = Zoning Certificate
AUP = Administrative
Use Permit
UP(PH) = Use Permit
NP = Not Permitted
-- = Permitted with
AUP, see

23.204.020(B)
[#] = Table Note Permit
Requirement
* Use-Specific
Regulations Apply

C-C C-U C-N C-E C-NS C-SA C-T C-SO C-

DMU C-W C-AC
USE-

SPECIFIC

REGULAT
IONS
Cannabis Testing AUP AUP NP NP NP NP NP NP AUP AUP
[9]
NP
Manufacturing
Construction
Products
– – – – – – – – UP(P
H)
--
Light Manufacturing – – – – – – – – AUP
[8]
--
Pesticides/Herbicide
s/Fertilizers
– – – – – – – – UP(P
H)
--
Petroleum Refining
and Products
– – – – – – – – UP(P
H)
--
Pharmaceuticals – – – – – – – – UP(P
H)
--
Primary Production
Manufacturing
– – – – NP – – – – UP(P
H)
--
Semiconductors – – – – NP – – – – UP(P
H)
--
Material Recovery
Enterprise
– – – – – – – – – – --
Media Production UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)*

AUP UP(P
H)

23.204.130
.B.4
Mini-storage UP(P
H)
NP NP NP NP NP NP – UP(P
H)
NP NP
Recycled Materials
Processing
– – – – – – – – – – --
Recycling Redemption
Center

AUP AUP AUP AUP AUP AUP AUP AUP AUP AUP AUP
Repair Service, Non-
Vehicle
– – – – – – – – – AUP --

Page 20 of 26 ends

Page 36 ends

Ordinance No. 7,850-N.S. Page 21 of 26
COMMERCIAL DISTRICTSZC = Zoning Certificate
AUP = Administrative
Use Permit
UP(PH) = Use Permit
NP = Not Permitted
-- = Permitted with
AUP, see

23.204.020(B)
[#] = Table Note Permit
Requirement
* Use-Specific
Regulations Apply

C-C C-U C-N C-E C-NS C-SA C-T C-SO C-

DMU C-W C-AC
USE-

SPECIFIC

REGULAT
IONS
Research and
Development
– – – – – – – – – -- --
Services to Buildings
and Dwellings
– – – – – – – – – AUP --
Warehouse UP(P
H)
NP NP NP NP NP NP – UP(P
H)
NP NP
Warehouse-Based
Non-Store Retailer
– – – – – – – – – --
Wholesale Trade – – – – -- – – – – AUP
[8]
--
Incidental Uses
Amusement Devices AUP* AUP* AUP* AUP* AUP* AUP* AUP* AUP* AUP* AUP* UP(P H)

23.302.070
.B
Alcoholic Beverage
Service
See 23.310
Cafeteria, On-Site UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)

AUP UP(P
H)
Columbaria See 23.302.070.C
Food and Beverage for
Immediate
Consumption

ZC ZC AUP UP(P
H)
UP(P
H)

ZC AUP UP(P
H)

ZC ZC ZC
Food Service
Establishment
See 23.302.070.E
Live Entertainment See 23.302.020.D
Manufacturing AUP AUP UP(P
H)
UP(P
H)

NP UP(P
H)

AUP AUP AUP AUP AUP
Retail Sale of Goods
Manufactured On-Site
ZC
[1]
ZC
[1]
ZC
[2]
ZC
[2]
ZC
[2]
ZC
[1]
ZC ZC
[2]

ZC AUP ZC

Page 21 of 26 ends

Page 37 ends

Ordinance No. 7,850-N.S. Page 22 of 26
COMMERCIAL DISTRICTSZC = Zoning Certificate
AUP = Administrative
Use Permit
UP(PH) = Use Permit
NP = Not Permitted
-- = Permitted with
AUP, see

23.204.020(B)
[#] = Table Note Permit
Requirement
* Use-Specific
Regulations Apply

C-C C-U C-N C-E C-NS C-SA C-T C-SO C-

DMU C-W C-AC
USE-

SPECIFIC

REGULAT
IONS
Storage of Goods
(>25% gross floor area)
AUP* AUP* AUP* AUP* AUP* AUP* AUP* AUP* AUP* AUP* AUP 23.302.020 .C
Wholesale Activities AUP* AUP* UP(P
H)*
UP(P
H)*
NP AUP* AUP* AUP* AUP* AUP AUP 23.204.080
.B.3
Other Miscellaneous Uses
Art/Craft Studio AUP AUP AUP AUP AUP AUP AUP AUP AUP AUP ZC [6]
ATM, Exterior and
Attached to Bank

AUP AUP AUP UP(P
H)
AUP AUP AUP AUP* AUP AUP AUP 23.204.120
.B.2
ATM, Interior or
Exterior and Not With
Bank
UP(P
H)
UP(P
H)
UP(P
H)

NP UP(P
H)
UP(P
H)
UP(P
H)

NP UP(P
H)*

AUP UP(P
H)

23.204.130
.B.2
Circus/Carnival UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
UP(P
H)
Drive-in Uses UP(P
H)

NP NP NP UP(P
H)
UP(P
H)

NP UP(P
H)

NP NP UP(P
H)
Home Occupations See 23.302.040
Live/Work See 23.312
Parking Lot/Structure See 23.302.070.G
Public Market, Open Air AUP AUP AUP AUP AUP AUP AUP AUP AUP UP(P H)
AUP
Public Market,
Enclosed

AUP AUP AUP AUP AUP AUP AUP AUP AUP AUP
[9]
AUP
Short-Term Rental See 23.314 NP NP See 23.314 NP See 23.314 NP Urban Agriculture, Low-
Impact
ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC ZC 23.318
Urban Agriculture,
High-Impact
AUP* AUP* AUP* AUP* AUP* AUP* AUP* AUP* AUP* AUP AUP 23.318

Page 22 of 26 ends

Page 38 ends

Ordinance No. 7,850-N.S. Page 23 of 26
COMMERCIAL DISTRICTSZC = Zoning Certificate
AUP = Administrative
Use Permit
UP(PH) = Use Permit
NP = Not Permitted
-- = Permitted with
AUP, see

23.204.020(B)
[#] = Table Note Permit
Requirement
* Use-Specific
Regulations Apply

C-C C-U C-N C-E C-NS C-SA C-T C-SO C-

DMU C-W C-AC
USE-

SPECIFIC

REGULAT
IONS
Wireless
Telecommunication
Facility
See 23.332--Wireless Communication Facilities

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Ordinance No. 7,850-N.S. Page 24 of 26
Notes:
[1] Change of use of floor area over 3,000 square feet requires an AUP. [2] Change of use of floor area over 2,000 square feet requires an AUP. [3] Requires an AUP for uses 3,500 sq. ft. to 7,500 square feet. Requires a Use Permit for uses more than 7,500 sq. ft.
[4] Requires a Use Permit if 5,000 sq. ft. or more.
[5] Requires an AUP for uses 3,000 sq. ft. to 5,000 square feet. Requires a Use Permit for uses more than 5,000 sq. ft.
[6] Requires an AUP for uses 2,500 sq. ft. or greater or 50 ft. wide or greater on Shattuck, between Ward and Russell; Adeline between Russell and the City boundary; on Ashby, east of Adeline; or on the north side of Ashby, west of Adeline.
[7] Requires a Use Permit if 7,500 square feet or more. [8] Requires a Use Permit if either 5,000 sq. ft. or more of floor area or 10,000 square feet or more of lot area. [9] Requires a Use Permit if more than 10,000 sq. ft.

Section 14. That Berkeley Municipal Code Section 23.204.060.D.1 Table 23.204-12 is amended as follows:

Table 23.204-12. C-U SETBACK STANDARDS

LOT LINE & PROJECT CONDITIONS REQUIRED SETBACK
Front
Ground-floor non-residential uses fronting University Avenue Average 2 ft. 2 ft. at all sidewalk pedestrian entries
Ground-floor residential uses fronting University Avenue Average 2 ft.

Maximum 10 ft.[1]
Fronting a street other than University Avenue and confronting a non-residential district
No min.

Rear
Lots on south side of University Avenue abutting lot in residential district
Average 20 ft. [2] [3]
Lots on north side of University Avenue See 23.204.060.D.5--C-U University Commercial District (Solar Access)
All other lots 10 ft. or 10% of lot depth, whichever is greater Interior Side No minimum
Street Side 2 ft. average
All setbacks for lots on South Side of University Avenue fronting a street other than University Avenue
As required by 23.304.030.C.2--Setbacks (Lots
Adjacent to Residential Districts) [4]
Notes:
[1] A maximum setback of 10 feet is only permitted for landscaping that enhances the streetscape and provides privacy for residential units on the first floor. [2] Rear setback area must be greater than or equal to the width of the lot in feet multiplied by 20 feet. [3] See 23.304.030.C.2.b for allowed reductions.
[4] If a lot fronting a side street is consolidated into a single project with the adjacent University Avenue-fronting lot, the project must conform to the setback standards in this table.

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Ordinance No. 7,850-N.S. Page 25 of 26
Section 15. That Berkeley Municipal Code Section 23.204.080.B Table 23.204-20 is amended as follows:

Table 23.204-20. C-E LAND USE NUMBER AND SIZE LIMITATIONS

USE NUMBER LIMIT MAXIMUM SIZE PERMIT REQUIRED
Art/Craft Shops, Gift/Novelty Shops,
Jewelry/Watch Shops
No limit 1,500 sq. ft. ZC
Bookstores, Periodical Stands No limit 2,000 sq. ft. ZC Food Service Establishments [1] 25 total No max.

AUP
Photocopy Stores, Printing, Fax, Magnetic
Disk Reproduction Services
No limit 1,000 sq. ft. ZC
Notes:
[1] Excludes food service uses accessory to a food product store. Secondary food service uses associated with all other principal uses are subject to limitations in Table 23.204-20. [2] Change of use of over 3,000 square feet requires Use Permit.

Section 16. That Berkeley Municipal Code Section 23.204.100.D.2 is amended as follows:

2. Modification for Mixed Use and Residential Projects. The ZAB may modify development standards in Table 23.204-27, Table 23.204-28, and Table 23.204- 29, and Table 23.204-30 – excluding FAR – for a mixed-use or residential-only project with a Use Permit, upon making one of the following findings:
(a) The project encourages utilization of public transit and existing off- street parking facilities in the area of the proposed building; (b) The modification allows consistency with the building setbacks existing in the immediate area where a residential building setback would not serve a useful purpose;
(c) The modification facilitates the construction of affordable housing as defined by the U.S. Department of Housing and Urban Development (HUD) Guidelines; or
(d) The modification provides consistency with the purposes of the district as listed in Section 23.204.100.A (District Purpose).

Section 17. That Berkeley Municipal Code Section 23.206.040.A is amended as follows:

A. Art/Craft Studios in the M and MM Districts. Art/craft studios are allowed in the M and MM districts only as workspaces. Live/work is not permitted.

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Ordinance No. 7,850-N.S. Page 26 of 26
Section 18. That Berkeley Municipal Code Section 23.406.050.F.2 is amended as follows:

2. The ZAB shall deny a Variance if it determines that it is unable to make any of the required findings.

Section 19. That Berkeley Municipal Code Section 23.502.020.R.8 is amended as follows:

8. Research and Development. An establishment engaged in the following activities: 1) industrial, biological or scientific research; and/or 2) product or process design, development, prototyping, or testing. This may include labs, offices, warehousing, and light manufacturing functions as part of the overall Research and Development use.

Section 20: 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 December 13, 2022, this Ordinance was passed to print and ordered published by posting by the following vote:

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

Noes: None.

Absent: None.

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Ordinance No. 7,851-N.S. Page 1 of 8
ORDINANCE NO. 7,851-N.S.

AMENDING THE ANNUAL APPROPRIATIONS ORDINANCE NO. 7,828–N.S. FOR FISCAL YEAR 2023
BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. That the Annual Appropriations Ordinance based on the budget for FY 2023 submitted by the City Manager and passed by the City Council be amended as follows and as summarized in Exhibit A:

A. General Fund (Funds 001-099) 311,704,720
B. Special Funds (Funds 100-199) 157,166,324
C. Grant Funds (Funds 300-399) 108,999,308
D. Capital Projects Funds (Funds 500-550) 91,665,849
E. Debt Service Fund (Funds 551-599) 9,804,404
F. Enterprise Funds (Funds 600-669) 178,118,684
G. Internal Service Funds (Funds 146, 670-699) 59,656,349 H. Successor Agency (Funds 760-769) 145,166
I. Agency Funds (Funds 771-799) 7,966,427
J. Other Funds (Funds 800-899) 7,239,344
K. Total
Total General Fund 311,704,720
Add: Total Other Than General Fund 620,761,855
Gross Revenue Appropriated 932,466,575
Less: Dual Appropriations -81,673,325
Less: Revolving/Internal Service Funds -59,656,349
Net Revenue Appropriated 791,136,901

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Ordinance No. 7,851-N.S. Page 2 of 8
Section 2. The City Manager is hereby permitted, without further authority from the City Council, to make the following transfers by giving written notice to the Director of Finance:
a. From the General Fund to the General Fund – Stability Reserve Fund; Catastrophic Reserve Fund; Paramedic Tax Fund; Health State Aid Realignment; Fair Election Fund; Capital Improvement Fund; Phone System Replacement; Equipment Replacement Fund; Public Liability Fund; Catastrophic Loss Fund; Police Employee Retiree Health Assistance Plan; Safety Members Pension Fund; and Sick Leave Entitlement Fund.
b. To the General Fund from the General Fund – Stability Reserves Fund; Catastrophic Reserves Fund; Community Development Block Grant Fund; Street Lighting Assessment District Fund; Zero Waste Fund; Marina Operations and Maintenance Fund; Sanitary Sewer Operation Fund; Clean Storm Water Fund; Permit Service Center Fund; Parking Meter Fund; Unified Program (CUPA); IT Cost Allocation Fund; and Health State Aid Realignment Fund. c. To the First Source Fund from the Parks Tax Fund; Capital Improvement Fund; and the Marina Fund.

d. From Gilman Sports Field Fund to Gilman Field Reserve Fund e. From Measure FF Fund to Paramedic Tax Fund.
f. From the American Rescue Plan Fund to the General Fund; Sports Field Fund; Playground Camp Fund; Marina Fund; Off-Street Parking Fund; and Parking Meter Fund.
g. From Capital Improvement Fund to PERS Savings Fund; Berkeley Repertory Theater Fund; and 2010 COP (Animal Shelter) Fund.
h. To the Public Art Fund from the Parks Tax Fund; Capital Improvement Fund; and the Marina Fund.
i. To CFD#1 District Fire Protection Bond (Measure Q) from Special Tax Bonds CFD#1 ML-ROOS.
j. To Private Sewer Lateral Fund from Sanitary Sewer Operation Fund. k. To Catastrophic Loss Fund from Permit Service Center Fund. l. To Catastrophic Loss Fund from Unified Program (CUPA) Fund. m. To the Building Purchases and Management Fund from General Fund; Health (General) Fund; Rental Housing Safety Program Fund; Measure B Local Streets & Road Fund; Employee Training Fund; Zero Waste Fund; Sanitary Sewer Operation Fund; Clean Storm Water Fund; Permit Service Center Fund; Off Street Parking Fund; Parking Meter Fund; Unified Program (CUPA) Fund; Building

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Ordinance No. 7,851-N.S. Page 3 of 8
Purchases & Management Fund; Building Maintenance Fund; Central Services Fund; and Health State Aide Realignment Trust Fund.
n. To Equipment Replacement Fund from General Fund; Mental Health Services Act Fund; Health (Short/Doyle) Fund; Vector Control Fund; Paramedic Tax Fund; Playground Camp Fund; State Transportation Tax Fund; Rental Housing Safety Program Fund; Parks Tax Fund; Street Light Assessment District Fund; Zero Waste Fund; Marina Operations/Maintenance Fund; Sanitary Sewer Operation Fund; Clean Storm Water Fund; Permit Service Center Fund; Parking Meter Fund; Equipment Maintenance Fund; Building Maintenance Fund; and Central Services Fund.
o. To the Equipment Maintenance Fund from General Fund; Health (General) Fund; Mental Health Services Act Fund; Health (Short/Doyle) Fund; Vector Control Fund; Paramedic Tax Fund; Library - Discretionary Fund; Playground Camp Fund; State Transportation Tax Fund; Rental Housing Safety Program Fund; Rent Stabilization Board Fund; Parks Ta Fund; Street Light Assessment District Fund; FEMA Fund; Zero Waste Fund; Marina Operations/Maintenance Fund; Sanitary Sewer Operation Fund; Clean Storm Water Fund; Permit Service Center Fund; Off Street Parking Fund; Parking Meter Fund; Equipment Maintenance Fund; Building Maintenance Fund; and Central Services Fund.
p. To the Building Maintenance Fund from the General Fund; Health (General) Fund; Health (Short/Doyle) Fund; Measure B Local Street & Road Fund; Parks Tax Fund; Street Light Assessment District Fund; Zero Waste Fund; Sanitary Sewer Operation Fund; Clean Storm Water Fund; Off Street Parking Fund; Parking Meter Fund; Equipment Maintenance Fund; Building Maintenance Fund; and Mental Health State Aid Realignment Fund.
q. To the Central Services Fund from the General Fund; First Source Fund; Health (Short/Doyle) Fund; Library-Discretionary Fund; Playground Camp Fund; Rent Stabilization Board Fund; Zero Waste Fund; Marina Operations/Maintenance Fund; Sanitary Sewer Operation; Building Purchases & Management Fund; Building Maintenance Fund; Central Services Fund; and Mental Health State Aid Realignment Fund.
r. To Information Technology Cost Allocation Plan Fund from General Fund; Target Case Management/Linkages Fund; Health (Short/Doyle); Library Fund; Playground Camp Fund; State Transportation Tax Fund; CDBG Fund; Rental Housing Safety Program; Rent Stabilization Board Fund; Parks Tax Fund; Street Light Assessment District Fund; Zero Waste Fund; Marina Operations/Maintenance Fund; Sanitary Sewer Operation; Clean Storm Water Fund; Permit Service Center Fund; Off Street Parking Fund; Parking Meter Fund; Unified Program (CUPA) Fund; Equipment Maintenance Fund; Building Maintenance Fund; Information Technology Cost Allocation Plan Fund; Health

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Ordinance No. 7,851-N.S. Page 4 of 8
State Aid Realignment Trust Fund; and Mental Health State Aid Realignment Fund.
s. To the Workers' Compensation Self-Insurance Fund from General Fund; Special Tax for Severely Disabled Measure E Fund; First Source Fund; HUD Fund; ESGP Fund; Health (General) Fund; Target Case Management/Linkages Fund; Mental Health Service Act Fund; Health (Short/Doyle) Fund; EPSDT Expansion Proposal Fund; Senior Nutrition (Title III) Fund; C.F.P. Title X Fund; Fund Raising Activities Fund; Berkeley Unified School District Grant; Vector Control Fund; Paramedic Tax Fund; Alameda County Grants Fund; Senior Supportive Social Services Fund; Family Care Support Program Fund; Domestic Violence Prevention – Vital Statistics Fund; Affordable Housing Mitigation; Inclusionary Housing Program; Library – Discretionary Fund; Playground Camp Fund; Community Action Program Fund; State Proposition 172 Public Safety Fund; State Transportation Tax Fund; CDBG Fund; Rental Housing Safety Program; Measure B Local State & Road Fund; Measure B Bike & Pedestrian Fund; Measure B – Paratransit Fund; Measure F Alameda County Vehicle Registration Fee Streets & Roads Fund; Measure BB – Paratransit Fund; Fair Election Fund; Measure U1 Fund; One-Time Grant: No Cap Expense Fund; Rent Stabilization Board Fund; Parks Tax Fund; Measure GG – Fire Prep Tax Fund; Street Lighting Assessment District Fund; Employee Training Fund; Private Percent – Art Fund; Measure T1 – Infrastructure & Facilities Fund; FUND$ Replacement Fund; Capital Improvement Fund; FEMA Fund; CFD #1 District Fire Protect Bond Fund; Special Tax Bonds CFD#1 ML-ROOS Fund; Shelter+Care HUD Fund; Shelter+Care County Fund; Zero Waste Fund; Marina Operations/Maintenance Fund; Sanitary Sewer Operation Fund; Clean Storm Water Fund; Private Sewer Lateral Fund; Permit Service Center Fund; Off-Street Parking Fund; Parking Meter Fund; Unified Program (CUPA) Fund; Building Purchases & Management Fund; Equipment Replacement Fund; Equipment Maintenance Fund; Building Maintenance Fund; Central Services Fund; Workers’ Compensation Fund; Public Liability Fund; Information Technology Cost Allocation Plan Fund; Health State Aid Realignment Trust Fund; Tobacco Control Trust Fund; Mental Health State Aid Realignment Fund; Alameda Abandoned Vehicle Abatement Authority; and Bio-Terrorism Grant Fund.
t. To the Sick Leave and Vacation Leave Accrual Fund from General Fund; Special Tax for Severely Disabled Measure E Fund; First Source Fund; HUD Fund; ESGP Fund; Health (General) Fund; Target Case Management/Linkages Fund; Mental Health Service Act Fund; Health (Short/Doyle) Fund; EPSDT Expansion Proposal Fund; Senior Nutrition (Title III) Fund; C.F.P. Title X Fund; Fund Raising Activities Fund; Berkeley Unified School District Grant; Vector Control Fund; Paramedic Tax Fund; Alameda County Grants Fund; Senior Supportive Social Services Fund; Family Care Support Program Fund; Domestic Violence Prevention – Vital Statistics Fund; Affordable Housing Mitigation; Inclusionary Housing Program; Library – Discretionary Fund; Playground Camp Fund; Community Action Program Fund; State Proposition 172 Public Safety Fund; State Transportation Tax Fund; CDBG Fund; Rental Housing Safety Program; Measure B Local State & Road Fund; Measure B Bike & Pedestrian Fund; Measure B – Paratransit Fund; Measure

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Ordinance No. 7,851-N.S. Page 5 of 8
F Alameda County Vehicle Registration Fee Streets & Roads Fund; Measure BB – Paratransit Fund; Fair Election Fund; Measure U1 Fund; One-Time Grant: No Cap Expense Fund; Rent Stabilization Board Fund; Parks Tax Fund; Measure GG – Fire Prep Tax Fund; Street Lighting Assessment District Fund; Employee Training Fund; Private Percent – Art Fund; Measure T1 – Infrastructure & Facilities Fund; FUND$ Replacement Fund; Capital Improvement Fund; FEMA Fund; CFD #1 District Fire Protect Bond Fund; Special Tax Bonds CFD#1 ML-ROOS Fund; Shelter+Care HUD Fund; Shelter+Care County Fund; Zero Waste Fund; Marina Operations/Maintenance Fund; Sanitary Sewer Operation Fund; Clean Storm Water Fund; Private Sewer Lateral Fund; Permit Service Center Fund; Off-Street Parking Fund; Parking Meter Fund; Unified Program (CUPA) Fund; Building Purchases & Management Fund; Equipment Replacement Fund; Equipment Maintenance Fund; Building Maintenance Fund; Central Services Fund; Workers’ Compensation Fund; Public Liability Fund; Information Technology Cost Allocation Plan Fund; Health State Aid Realignment Trust Fund; Tobacco Control Trust Fund; Mental Health State Aid Realignment Fund; Alameda Abandoned Vehicle Abatement Authority; and Bio-Terrorism Grant Fund.
u. To the Payroll Deduction Trust Fund from General Fund; Special Tax for Severely Disabled Measure E Fund; First Source Fund; HUD Fund; ESGP Fund; Health (General) Fund; Target Case Management/Linkages Fund; Mental Health Service Act Fund; Health (Short/Doyle) Fund; EPSDT Expansion Proposal Fund; Senior Nutrition (Title III) Fund; C.F.P. Title X Fund; Fund Raising Activities Fund; Berkeley Unified School District Grant; Vector Control Fund; Paramedic Tax Fund; Alameda County Grants Fund; Senior Supportive Social Services Fund; Family Care Support Program Fund; Domestic Violence Prevention – Vital Statistics Fund; Affordable Housing Mitigation; Inclusionary Housing Program; Library – Discretionary Fund; Playground Camp Fund; Community Action Program Fund; State Proposition 172 Public Safety Fund; State Transportation Tax Fund; CDBG Fund; Rental Housing Safety Program; Measure B Local State & Road Fund; Measure B Bike & Pedestrian Fund; Measure B – Paratransit Fund; Measure F Alameda County Vehicle Registration Fee Streets & Roads Fund; Measure BB – Paratransit Fund; Fair Election Fund; Measure U1 Fund; One-Time Grant: No Cap Expense Fund; Rent Stabilization Board Fund; Parks Tax Fund; Measure GG – Fire Prep Tax Fund; Street Lighting Assessment District Fund; Employee Training Fund; Private Percent – Art Fund; Measure T1 – Infrastructure & Facilities Fund; FUND$ Replacement Fund; Capital Improvement Fund; FEMA Fund; CFD #1 District Fire Protect Bond Fund; Special Tax Bonds CFD#1 ML-ROOS Fund; Shelter+Care HUD Fund; Shelter+Care County Fund; Zero Waste Fund; Marina Operations/Maintenance Fund; Sanitary Sewer Operation Fund; Clean Storm Water Fund; Private Sewer Lateral Fund; Permit Service Center Fund; Off-Street Parking Fund; Parking Meter Fund; Unified Program (CUPA) Fund; Building Purchases & Management Fund; Equipment Replacement Fund; Equipment Maintenance Fund; Building Maintenance Fund; Central Services Fund; Workers’ Compensation Fund; Public Liability Fund; Information Technology Cost Allocation Plan Fund; Health State Aid Realignment Trust Fund; Tobacco Control Trust Fund;

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Ordinance No. 7,851-N.S. Page 6 of 8
Mental Health State Aid Realignment Fund; Alameda Abandoned Vehicle Abatement Authority; and Bio-Terrorism Grant Fund.

Section 3. 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 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 December 13, 2022, this Ordinance was passed to print and ordered published by posting by the following vote:

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

Noes: None.

Absent: None.

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Ordinance No. 7,851-N.S. Page 7 of 8
Attachment for Annual Appropriations Ordinance - Fiscal Year 2023

REVOLVING FUNDS/INTERNAL SERVICE FUNDS
Appropriations are identified with revolving and internal service funds. Such funds derive revenue by virtue of payment from other fund sources as benefits are received by such funds, and the total is reflected in the "Less Revolving Funds and Internal Service Funds" in item I. The funds are:

Revolving/Internal Service Funds
Employee Training Fund 949,429
Equipment Replacement Fund 11,947,462
Equipment Maintenance Fund 10,211,653
Building Maintenance Fund 5,045,988
Central Services Fund 413,953
Workers' Compensation Fund 6,488,740
Public Liability Fund 4,458,560
20,140,564
Subtotal Revolving/Internal Service Funds 59,656,349$
Dual Appropriations
Transfers to the General Fund
Indirect Cost Reimbursement
CDBG Fund 176,194
Street Light Assessment District Fund 155,018
Zero Waste Fund 2,727,548
Marina Enterprise Fund 456,077
Sanitary Sewer Fund 1,352,519
Clean Storm Water Fund 302,661
Permit Service Center Fund 1,979,790
Unified Program (CUPA) Fund 88,337
Subtotal Transfers to General Fund: 7,238,144$
Information Technology Fund

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Ordinance No. 7,851-N.S. Page 8 of 8
Transfer to Safety Members Pension Fund from General Fund 551,804 4,900,000
Transfer to Stability Reserve Fund from General Fund 3,025,000 Transfer to Catastrophic Reserve Fund from General Fund 2,475,000 Transfer to PERS Savings Fund from General Fund 2,000,000 Transfer to Health State Aid Realignment from General Fund 1,953,018 Transfer to Fair Election Fund from General Fund 505,002 Transfer to Capital Improvement Fund (CIP) from General Fund 19,000,905 449,408
Transfer to Equipment Replacement Fund from General Fund 1,081,699 Transfer to Public Liability Fund from General Fund 3,895,888 Transfer to Catastrophic Loss Fund from General Fund 5,025,184 Transfer to IT Cost Allocation Fund from General Fund 71,335 400,136
Transfer to Sick Leave Entitlement Fund from General Fund 201,501 Transfer to Employee Training from GF-Payroll Deduction Trust 750,000 Transfer to General Fund from Health State Aid Realignment Fund 2,643,280 757,925
12,271,612
2,614,331
1,150,000
Transfer to Off-Street Parking Fund from American Rescue Plan Fund 200,000 2,700,000
Transfer from CIP Fund to PERS Savings Fund 151,632
499,802
Transfer from CIP Fund to 2010 COP (Animal Shelter) Fund 402,613 90,501
50,555
5,082
Transfer to General Fund from Parking Meter Fund 1,742,288 Transfer to General Fund from IT Cost Allocation Fund 438,968 2,048,940
Transfer to GF - Payroll Deduction Trust Fund from Sick Leave Entitlement Fund 273,854 Transfer to First Source Fund from Parks Tax Fund 6,675 Transfer to First Source Fund from Capital Improvement Fund 29,943 Transfer to First Source Fund from Marina Fund 2,625
Transfer to Public Art Fund from Parks Tax Fund 11,681
Transfer to Public Art Fund from Capital Improvement Fund 52,400 Transfer to Public Art Fund from Marina Fund 4,594
Subtotal Transfers to Other Funds: 74,435,181
Sub-Total Dual Appropriations 81,673,325$
Grand Total Dual Appropriations 141,329,674$
Transfer to Phone System Replacement - VOIP from General Fund Transfer to Police Employee Retiree Health Assistance Plan from General Fund Transfer from Special Tax Bonds CFD#1 ML-ROOS to CFD#1 District Fire Protect Bond (Measure Q)
Transfer to Catastrophic Loss Fund from Permit Service Center Fund Transfer to Catastrophic Loss Fund from Unified Program (CUPA) Fund Transfer to Private Sewer Lateral Fund from Sewer Fund
Transfer to Berkeley Repertory Theater Debt Service Fund from CIP Fund Transfer to Measure U1 Fund from General Fund
Transfer to Marina Fund from American Rescue Plan Fund
Transfer to Parking Meter Fund from American Rescue Plan Fund Transfer to Paramedic Tax Fund from Measure FF - Public Safety Fund Transfer to General Fund from Amercian Rescue Plan Fund Transfer to Paramedic Tax Fund from American Rescue Plan Fund

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EXHIBIT A
Encumbered Unencum. Other Total FY 2022
ERMA
Fund # Fund
FY 2023
Adopted
Rollovers Carryovers Adjustments Amend. Revised #1
11 General Fund Discretionary 280,671,294 12,162,503 6,351,969 4,090,297 22,604,768 303,276,062 16 Measure U1 - Housing 6,184,542 1,594,116 - 50,000 1,644,116 7,828,658 17 Climate Equity Action - - 600,000 - 600,000 600,000 101 Library - Tax 24,538,247 568,733 - - 568,733 25,106,980 103 Library - Grants 66,330 525 - - 525 66,854 104 Library - Friends & Gift 150,000 208 - - 208 150,208 105 Library - Foundation 200,000 - - - - 200,000 106 Asset Forefeiture 201,000 - - - - 201,000 107 Special Tax Measure E 1,590,735 - - - - 1,590,735 108 First Source Fund 48,500 - - - - 48,500 110 Sec 108 Loan Gty Asst. 587,612 - - - - 587,612 111 Fund Raising Activities 55,115 958 - 55,000 55,958 111,073 113 Gilman Sports Field 280,063 48,857 - - 48,857 328,920 115 Animal Shelter 52,480 10,525 - - 10,525 63,005 116 Paramedic Tax 5,218,195 3,595 - - 3,595 5,221,790 117 CA Energy - 44,249 - - 44,249 44,249 119 Domestic Violence Prev - Vit Stat 26,102 - - - - 26,102 120 Affordable Housing Mitigation 2,805,896 4,368,720 - - 4,368,720 7,174,616 121 Affordable Child Care 13,275 6,637 - - 6,637 19,912 122 Inclusionary Housing Program 587,147 34 - - 34 587,181
123 Condo Conversion 121,339 - - - - 121,339 125 Playground Camp 3,596,951 4,229,569 1,784,275 313,996 6,327,840 9,924,791 126 State-Prop 172 Pub.Safety 434,773 263,790 - 500,000 763,790 1,198,563 127 State Transportation Tax 6,562,677 126,442 2,678,890 311,274 3,116,605 9,679,283 128 CDBG 4,882,923 2,210,842 - - 2,210,842 7,093,765 129 Rental Housing Safety Program 1,902,671 71,597 16,578 - 88,175 1,990,846 130 Measure B - Local St & Road 769,249 399,485 322,739 5,000 727,224 1,496,473 131 Measure B - Bike and Pedestrian 129,471 45,869 14,473 - 60,342 189,813 132 Measure B - Paratransit 36,797 17,606 - - 17,606 54,403 133 Measure F Alameda County VRF St & Rd 1,353,067 4,966 366,918 - 371,884 1,724,951 134 Measure BB - Local St & Road 12,737,784 1,421,718 4,524,099 855,511 6,801,328 19,539,112 135 Meaure BB - Bike & Pedestrian 758,193 238,075 684,439 553,455 1,475,969 2,234,162 136 Measure BB - Paratransit 934,031 19,317 - - 19,317 953,349 137 Onetime FD - 19,080 - - 19,080 19,080 138 Parks Tax 16,247,510 1,489,000 1,201,596 36,400 2,726,996 18,974,506 140 Measure GG - Fire Prep Tax 5,276,233 233,527 - - 233,527 5,509,760 142 Streetlight Assesment District 3,312,730 391,043 91,800 435,905 918,748 4,231,478 143 Berkeley Bus Ec Dev 156,387 64,557 - 365,470 430,027 586,414 145 Bayer - 952 - - 952 952 146 Employee Training 834,947 114,482 - - 114,482 949,429 147 UC Settlement 4,563,664 540,765 - 1,338,441 1,879,206 6,442,870 148 Cultural Trust 92,663 25,440 954,872 - 980,312 1,072,975 149 Private Party Sidewalks 100,000 - 150,000 500,000 650,000 750,000 150 Public Art Fund 104,775 6,000 99,367 - 105,367 210,142 152 Vital & Health Statistics Trust Fund 74,903 - - - - 74,903 156 Hlth State Aid Realign Trust 3,961,045 - - - - 3,961,045 157 Tobacco Cont.Trust 379,256 - - - - 379,256 158 Mental Health State Aid Realign 4,061,702 640,401 - - 640,401 4,702,104 159 Citizens Option Public Safety Trust 262,093 63,100 - 200,000 263,100 525,193 161 Alameda Cty Abandoned Vehicle Abatement 133,993 3,263 - - 3,263 137,256 164 Measure FF 8,160,000 3,187,938 - - 3, 187,938 11,347,938
165 Fair Elections 510,868 - - - - 510,868 302 Operating Grants - State 64,437 3,534,400 2,500,000 912,213 6,946,613 7,011,050 305 Capital Grants - Federal 1,364,500 698,882 - - 698,882 2,063,382 306 Capital Grants - State 8,723,370 192,584 508,325 1,202,766 1,903,675 10,627,045 307 Capital Grants - Local 837,000 138,718 383,145 1,824,000 2,345,863 3,182,863 309 OTS DUI Enforcement Education Prg. 137,060 - - 180,000 180,000 317,060 310 HUD/Home 806,549 5,000 - - 5,000 811,549 311 ESGP 271,587 345,846 - - 345,846 617,433 312 Health (General) 3,370,574 6,632 23,818 117,529 147,978 3,518,552 313 Target Case Management Linkages 936,341 50,525 - 24,300 74,825 1,011,166 314 Alameda County Tay Tip 35,812 - - 35,812 315 Mental Health Service Act 12,441,437 2,174,487 - (1,035,428) 1,139,059 13,580,495 316 Health (Short/Doyle) 5,080,644 418,178 - 1,576,142 1,994,320 7,074,965 317 EPSDT Expansion Proposal 500,241 - - - - 500,241 318 Alcoholic Bev Ctr OTS/UC 55,639 17 - 72,449 72,466 128,105 319 Youth Lunch 68,451 211,013 211,013 279,464 320 Sr. Nutrition Title III 119,884 - - 26,903 26,903 146,787 321 CFP Title X 39,527 790 - 100,000 100,790 140,317 324 BUSD Grant 392,232 - - - - 392,232 325 Vector Control 276,025 9,792 - - 9,792 285,817 326 Alameda County Grants 788,215 725 - 2,406 3,131 791,346 327 Senior Supportive Social Services 83,453 - - 40,950 40,950 124,403 328 Family Care Support Program 86,662 - - 4,703 4,703 91,365 1st AAO

SUMMARY OF APPROPRIATIONS BY FUND

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EXHIBIT A
Encumbered Unencum. Other Total FY 2022
ERMA
Fund # Fund
FY 2023
Adopted
Rollovers Carryovers A djustments Amend. Revised #1
1st AAO

SUMMARY OF APPROPRIATIONS BY FUND
329 CA Integrated Waste Management 5,244 461 - 15,806 16,267 21,511 331 Housing Mitigation 1, 126,763 479,120 - - 479,120 1,605,883 333 CALHOME 363,100 - - - - 363,100 334 Community Action 293,817 88,972 187,297 - 276,269 570,086 336 One-Time Grant: No Cap Exp 5,132,743 8,267,841 787,887 5,001,834 14,057,562 19,190,305 338 Bay Area Air Quality Management 117,000 - - - - 117,000 339 MTC 393,029 299,298 120,221 - 419,519 812,548 340 FEMA 954,621 1,272 114,916 287,250 403,438 1,358,059 341 Alameda Cty Waste Mgt. 285,000 27,565 - 850,000 877,565 1,162,565 343 State Dept Conserv/Recylg 28,000 - - - - 28,000 344 CALTRANS Grant 131,908 57,852 700 - 58,552 190,460 346 Safe Routes - 9,757 - - 9,757 9,757 347 Shelter+Care HUD 6,348,109 469 - - 469 6,348,578 348 Shelter+Care County 886,153 - - - - 886,153 349 JAG Grant 55,650 - - - - 55,650 350 Bioterrorism Grant 327,550 5,564 345,427 252,400 603,391 930,941 351 UASI - 1,345 - - 1,345 1,345 354 ARPA - Local Fiscal Recovery Fund 20,023,436 993,283 1,599,199 - 2,592,482 22,615,918 501 Capital Improvement Fund 24,012,302 3,234,486 6,520,561 84,847 9,839,894 33,852,196 502 Phone System Replacement 449,408 29,386 - - 29,386 478,794 503 FUND$ Replacement 3,221,742 1,640,454 - - 1,640,454 4,862,196 504 PEG-Public, Education & Government 100,000 - - - - 100,000 506 Meas M - Streets and Watershed Improvements - - - 926,720 926,720 926,720 511 Measure T1 - Infra & Facil. 17,858,315 4,427,301 4,612,928 415,818 9,456,047 27,314,362 512 Measure O 6,445,567 17,382,469 303,545 - 17,686,014 24,131,581 552 09 Measure FF Debt Service 1,343,638 - - - - 1,343,638 553 2015 GORBS 2,051,966 - - - - 2,051,966 554 2012 Lease Revenue Bonds BJPFA 502,238 - - - - 502,238 555 2015 GORBS - 2002 G.O. Refunding Bonds 379,561 - - - - 379,561 556 2015 GORBS (2007, Series A) 142,865 - - - - 142,865 557 2015 GORBS (2008 Measure I) 481,286 - - - - 481,286 558 2010 COP (Animal Shelter) 406,991 - - - - 406,991 559 Measure M GO Street & Water Imps 740,738 - - - - 740,738 560 Infrastucture & Facilities Measure T1 1,731,181 - - - - 1,731,181 561 Measure O - Housing Bonds 2,023,940 - - - - 2,023,940 601 Zero Waste 56,177,214 4,325,867 - 30,105 4,355,972 60,533,186 607 Dept. of Boat and Waterways - 49,000 - - 49,000 49,000 608 Marina Operation 8,499,369 1,443,141 1,961,379 62,700 3,467,220 11,966,589 611 Sewer 35,226,521 13,821,731 989,119 180,680 14,991,530 50,218,051 612 Private Sewer Lateral FD 172,628 - - - - 172,628 616 Clean Storm Water 6,123,689 782,484 480,718 20,680 1,283,882 7,407,571 621 Permit Service Center 21,981,180 1,432,970 155,323 482,981 2,071,274 24,052,454 622 Unified Program (CUPA) 877,919 1,495 50,000 - 51,495 929,413 627 Off Street Parking 6,790,627 626,166 - 30,920 657,086 7,447,713 631 Parking Meter 10,557,178 470,446 350,306 109,079 929,831 11,487,009 636 Building Purchases and Management 3,832,733 22,337 - - 22,337 3,855,070 671 Equipment Replacement 6,676,989 5,249,198 - 21,274 5,270,473 11,947,462 672 Equipment Maintenance 9,573,258 622,885 - 15,510 638,395 10,211,653 673 Building Maintenance Fund 4,798,308 94,169 145,000 8,510 247,679 5,045,988 674 Central Services 391,386 22,567 - - 22,567 413,953 676 Workers Compensation 6,440,039 48,701 - - 48, 701 6,488,740
678 Public Liability 3,797,298 232,003 343,439 85,819 661,261 4,458,560 680 Information Technology 17,498,246 1,343,727 328,592 970,000 2,642,319 20,140,564 722 RETMED IBE - 1,445 - - 1,445 1,445 723 RETMED LC1 - 14,704 - - 14,704 14,704 724 RETMED Z1 - 1,467 - - 1,467 1,467 725 RETMED Z26 - 6,053 - - 6,053 6,053 726 RETMED 535 - 21,015 - - 21,015 21,015 727 RETMED 790 - 19,839 - - 19,839 19,839 731 POL EE RET - 6,967 - - 6,967 6,967 736 FIRE MEDIC - 16,557 - - 16,557 16,557 762 Successor Agency - Savo DSF 57,120 - - - - 57,120 776 Thousand Oaks Underground 98,448 - - - - 98,448 777 Measure H - School Tax 500,000 2 - - 2 500,002 778 Measure Q - CFD#1 Dis. Fire Protect Bond 1,362,705 37,292 - - 37,292 1,399,997 779 Spl Tax Bds. CFD#1 ML-ROOS 2,824,802 - - - - 2,824,802 781 Berkeley Tourism BID 416,667 - - 216,037 216,037 632,704 782 Elmwood Business Improvement District 30,000 1 - 33,518 33,519 63,519 783 Solano Ave BID 25,000 - - 10,082 10,082 35,082 784 Telegraph Avenue Bus. Imp. District 583,315 - - - - 583,315 785 North Shattuck BID 210,363 - - - - 210,363 786 Downtown Berkeley Prop & Improv. District 1,383,139 - - 235,057 235,057 1,618,196 801 Rent Board 6,697,755 541,589 - - 541,589 7,239,344 GROSS EXPENDITURE: 754,176,624 110,628,784 42,653,858 25,007,309 178,289,951 932,466,575

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EXHIBIT A
Encumbered Unencum. Other Total FY 2022
ERMA
Fund # Fund
FY 2023
Adopted
Rollovers Carryovers A djustments Amend. Revised #1
1st AAO

SUMMARY OF APPROPRIATIONS BY FUND
Dual Appropriations (79,688,975) - - (1,984,350) (1,984,350) (81,673,325) Revolving & Internal Service Funds (50,010,472) (6,317,301) (1,443,311) (131,113) (4,277,189) (59,656,349)

NET EXPENDITURE: 624,477,177 104,311,483 41,210,547 22,891,846 172,028,412 791,136,901

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

CONSENT CALENDAR
January 17, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Mark Numainville, City Clerk
Subject: Minutes for Approval

RECOMMENDATION
Approve the minutes for the Council meetings of November 3 (regular), November 14 (closed), November 15 (special and regular), November 21 (special), November 28 (closed), November 29 (regular), December 6 (regular), December 12 (closed), and December 13, 2022 (special and regular)

CONTACT PERSON
Mark Numainville, City Clerk, 981-6900
Attachments:

1. November 3, 2022 – Regular Council Meeting

2. November 14, 2022 – Special Closed Council Meeting

3. November 15, 2022 – Special Council Meeting

4. November 15, 2022 – Regular Council Meeting

5. November 21, 2022 – Special Council Meeting

6. November 28, 2022 – Special Closed Council Meeting

7. November 29, 2022 – Regular Council Meeting

8. December 6, 2022 – Regular Council Meeting

9. December 12, 2022 – Special Closed Council Meeting

10.December 13, 2022 – Special Council Meeting

11.December 13, 2022 – Regular Council Meeting

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Thursday, November 3, 2022 MINUTES Page 1

MINUTES

BERKELEY CITY COUNCIL MEETING
Thursday, November 3, 2022
6:00 PM

JESSE ARREGUIN, MAYOR
Councilmembers:

DISTRICT 1 – RASHI KESARWANI DISTRICT 5 – SOPHIE HAHN
DISTRICT 2 – TERRY TAPLIN DISTRICT 6 – SUSAN WENGRAF
DISTRICT 3 – BEN BARTLETT DISTRICT 7 – RIGEL ROBINSON
DISTRICT 4 – KATE HARRISON DISTRICT 8 – LORI DROSTE
PUBLIC ADVISORY: THIS MEETING WILL BE CONDUCTED EXCLUSIVELY THROUGH

VIDEOCONFERENCE AND TELECONFERENCE
Pursuant to Government Code Section 54953(e) and the state declared emergency, this meeting of the City Council will be conducted exclusively through teleconference and Zoom videoconference. The COVID-19 state of emergency continues to directly impact the ability of the members to meet safely in person and presents imminent risks to the health of attendees. Therefore, no physical meeting location will be available.

Live captioned broadcasts of Council Meetings are available on Cable B-TV (Channel 33) and via internet accessible video stream at http://berkeley.granicus.com/MediaPlayer.php?publish_id=1244.

To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device: Please use this URL https://us02web.zoom.us/j/84033716377. If you do not wish for your name to appear on the screen, then use the drop down menu and click on "rename" to rename yourself to be anonymous. To request to speak, use the “raise hand” icon by rolling over the bottom of the screen.

To join by phone: Dial 1-669-900-9128 or 1-877-853-5257 (Toll Free) and enter Meeting ID: 840 3371 6377 . If you wish to comment during the public comment portion of the agenda, Press *9 and wait to be recognized by the Chair.

Please be mindful that the teleconference will be recorded as any Council meeting is recorded, and all other rules of procedure and decorum will apply for Council meetings conducted by teleconference or videoconference.

To submit a written communication for the City Council’s consideration and inclusion in the public record, email [email protected].

This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953. Any member of the public may attend this meeting. Questions regarding this matter may be addressed to Mark Numainville, City Clerk, (510) 981-6900. The City Council may take action related to any subject listed on the Agenda. Meetings will adjourn at 11:00 p.m. - any items outstanding at that time will be carried over to a date/time to be specified.

Attachment 1

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Thursday, November 3, 2022 MINUTES Page 2
Preliminary Matters
Roll Call: 6:04 p.m.

Present: Kesarwani, Bartlett, Harrison, Hahn, Wengraf, Robinson, Droste, Arreguin

Absent: Taplin
Councilmember Taplin present at 6:13 p.m.

Land Acknowledgement Statement: The City of Berkeley recognizes that the community we live in was built on the territory of xučyun (Huchiun (Hooch-yoon)), the ancestral and unceded land of the Chochenyo (Cho-chen-yo)-speaking Ohlone (Oh-low-nee) people, the ancestors and descendants of the sovereign Verona Band of Alameda County. This land was and continues to be of great importance to all of the Ohlone Tribes and descendants of the Verona Band. As we begin our meeting tonight, we acknowledge and honor the original inhabitants of Berkeley, the documented 5,000-year history of a vibrant community at the West Berkeley Shellmound, and the Ohlone people who continue to reside in the East Bay. We recognize that Berkeley’s residents have and continue to benefit from the use and occupation of this unceded stolen land since the City of Berkeley’s incorporation in 1878. As stewards of the laws regulating the City of Berkeley, it is not only vital that we recognize the history of this land, but also recognize that the Ohlone people are present members of Berkeley and other East Bay communities today. The City of Berkeley will continue to build relationships with the Lisjan Tribe and to create meaningful actions that uphold the intention of this land acknowledgement.

Ceremonial Matters:

1. Recognition of the Acacia Neighborhood as Berkeley’s First Firewise USA Site

2. Adjourned in Memory of William Evans, Berkeley Resident City Auditor Comments:

The City Auditor noted the reports on the agenda for the audit update statuses.

City Manager Comments: None.

Public Comment on Non-Agenda Matters: 10 speakers.

Consent Calendar
Public Comment on Consent Calendar and Information Items Only: 8 speakers.

Action: M/S/C (Arreguin/Robinson) to adopt the Consent Calendar in one motion except as indicated.

Vote: All Ayes.

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Consent Calendar
Thursday, November 3, 2022 MINUTES Page 3

1. Adopt an Ordinance Adding Chapter 13.09 to the Berkeley Municipal Code Prohibiting Discriminatory Reports to Law Enforcement
From: Councilmember Harrison (Author), Councilmember Hahn (Co-Sponsor) Recommendation: Adopt second reading of Ordinance No. 7,837-N.S. Amending Chapter 13.09 to the Berkeley Municipal Code Prohibiting Discriminatory Reports to Law Enforcement.

First Reading Vote: All Ayes.

Financial Implications: Staff time
Contact: Kate Harrison, Councilmember, District 4, (510) 981-7140 Action: Adopted second reading of Ordinance No. 7,837–N.S.

2. Referral Response: Amendments to the Zoning Ordinance to clarify and streamline the permit process for Amusement Device Arcades From: City Manager
Recommendation: Adopt second reading Ordinance No. 7,838-N.S., Zoning Ordinance amendments to provide consistency for the incidental use of Amusement Devices and regulate Amusement Device Arcades as Commercial Recreation Centers.

First Reading Vote: Ayes – Kesarwani, Taplin, Bartlett, Harrison, Wengraf, Robinson, Droste, Arreguin; Noes – None; Abstain – None; Absent – Hahn.

Financial Implications: See report
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: Adopted second reading of Ordinance No. 7,838–N.S.

3. Resolution Reviewing and Ratifying the Proclamation of Local Emergency Due to the Spread of a Severe Acute Respiratory Illness Caused by a Novel (New) Coronavirus (COVID-19)
From: City Manager
Recommendation: Adopt a Resolution reviewing the need for continuing the local emergency due to the spread of a severe acute respiratory illness caused by a novel (new) coronavirus (COVID-19) and ratifying the Proclamation of Local Emergency issued by the Director of Emergency Services on March 3, 2020, initially ratified by the City Council on March 10, 2020, and subsequently reviewed and ratified by the Council on April 21, 2020, June 16, 2020, July 28, 2020, September 22, 2020, November 17, 2020, December 15, 2020, February 9, 2021, March 30, 2021, May 25, 2021, July 20, 2021, September 14, 2021, December 14, 2021, February 8, 2022, March 22, 2022, May 10, 2022, June 28, 2022, July 26, 2022, and September 20, 2022.

Financial Implications: To be determined
Contact: Farimah Brown, City Attorney, (510) 981-6950
Action: Adopted Resolution No. 70,565–N.S.

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Consent Calendar
Thursday, November 3, 2022 MINUTES Page 4

4. Resolution Making Required Findings Pursuant to the Government Code and Directing City Legislative Bodies to Continue to Meet Via Videoconference and Teleconference
From: City Manager
Recommendation: Adopt a Resolution making the required findings pursuant to Government Code Section 54953(e)(3) and determining that as a result of the continued threat to public health and safety posed by the spread of COVID-19, City legislative bodies shall continue to meet via videoconference and teleconference, initially ratified by the City Council on September 28, 2021, and subsequently reviewed and ratified on October 26, 2021, November 16, 2021, December 14, 2021, January 10, 2022, February 8, 2022, March 8, 2022, March 22, 2022, April 12, 2022, May 10, 2022, May 31, 2022, June 28, 2022, July 26, 2022, August 23, 2022, September 20, 2022, and October 11, 2022.

Financial Implications: To be determined
Contact: Farimah Brown, City Attorney, (510) 981-6950
Action: Adopted Resolution No. 70,566–N.S.

5. 2022 Annual Commission Attendance and Meeting Frequency Report From: City Manager
Recommendation: Review and accept the 2022 annual commission attendance and meeting frequency report.

Financial Implications: None
Contact: Mark Numainville, City Clerk, (510) 981-6900
Action: Approved recommendation.

6. Contract No. 32200039 Amendment: Townsend Public Affairs, Inc. for Legislative and Funding Advocacy Strategy
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32200039 with Townsend Public Affairs, Inc., for an ongoing tailored legislative and funding advocacy strategy, increasing the contract amount by $72,000, for an amount not-to-exceed $117,000, and extending the contract from December 31, 2022 to December 31, 2023.

Financial Implications: General Fund - $72,000
Contact: Paul Buddenhagen, City Manager's Office, (510) 981-7000 Action: Adopted Resolution No. 70,567–N.S.

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Consent Calendar
Thursday, November 3, 2022 MINUTES Page 5

7. Contract No. 32100186 Amendment: Mildred Howard Public Art Commission for Adeline Street and Martin Luther King Jr. Way
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32100186 with artist Mildred Howard in order to increase the size of the public art commission “Untitled” to 11’ tall as directed by the Civic Arts Commission. The art work is slated to be installed in the triangular green space on the northern side of the intersection of Adeline Street and Martin Luther King Jr.

Way. The artwork budget is to increase by $144,000 for a total contract amount not to exceed $354,000.

Financial Implications: Cultural Trust Fund - $144,000
Contact: Eleanor Hollander, Economic Development, (510) 981-7530 Action: Adopted Resolution No. 70,568–N.S.

8. Renewal of the Solano Avenue BID for Calendar Year 2023 From: City Manager
Recommendation: Adopt a Resolution approving the Solano Avenue Business Improvement District Advisory Board’s (hereafter “Solano BID Advisory Board” or “the Advisory Board”) recommendation that Council: 1) approve the 2022 Annual Report and preliminary budget on proposed improvements in the District for calendar year 2023; 2) declare its intent to levy an assessment to finance improvements in the District for calendar year 2023; and 3) direct the City Clerk to schedule a public hearing on the renewal of the assessment for November 29, 2022.

Financial Implications: See report
Contact: Eleanor Hollander, Economic Development, (510) 981-7530 Action: Adopted Resolution No. 70,569–N.S.

9. Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on November 3, 2022
From: City Manager
Recommendation: Approve the request for proposals or invitation for bids (attached to staff report) that will be, or are planned to be, issued upon final approval by the requesting department or division. All contracts over the City Manager’s threshold will be returned to Council for final approval.

Financial Implications: Various Funds - $75,000
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Approved recommendation.

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Consent Calendar
Thursday, November 3, 2022 MINUTES Page 6

10. Contract: Restoration Family Counseling Center for Counseling, Education and Support
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to enter into a contract with Restoration Family Counseling Center Inc. (RFCC) for counseling, education and support, for a total amount not to exceed $80,000 from December 1, 2022 through November 30, 2024.

Financial Implications: See report
Contact: David Sprague, Fire, (510) 981-3473
Action: Adopted Resolution No. 70,570–N.S.

11. Contract No. 32200227 Amendment: Fire Aside for Mobile Vegetation Management Inspection Software
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32200227 Mobile Vegetation Management Inspection Software for the Fire Department (Department); increasing the contract amount by $100,000 for an amended total contract amount not to exceed $260,000.

Financial Implications: See Report
Contact: David Sprague, Fire, (510) 981-3473
Action: Adopted Resolution No. 70,571–N.S.

12. Contract No. 32200083 Amendment: Ganey Scientific for Project Management & Consulting
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32200083 project management and consulting services for the Fire Department (Department); increasing the contract amount by $500,000 for an amended total contract amount not to exceed $1.4 million.

Financial Implications: See report
Contact: David Sprague, Fire, (510) 981-3473
Action: Adopted Resolution No. 70,572–N.S.

13. Purchase Order: Bauer Compressors Inc. for Self-Contained Breathing Apparatus and Related Accessories
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to issue purchase orders with Bauer Compressors Inc. using the General Services Agency’s (GSA) contract No. EE08-19 for an amount not to exceed $1.7 million through July 31, 2023 for the purchase of self-contained breathing apparatus (SCBA) and related accessories.

Financial Implications: UC Settlement Fund - $1.7 million Contact: David Sprague, Fire, (510) 981-3473
Action: Adopted Resolution No. 70,573–N.S.

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Consent Calendar
Thursday, November 3, 2022 MINUTES Page 7

14. Revenue Contracts: Fiscal Year 2023 Aging Services Programs From: City Manager
Recommendation: Adopt five Resolutions authorizing the City Manager or her designee to execute any resultant revenue agreements and amendments with Alameda County to provide congregate and home-delivered meals, family caregiver support, senior center activities and information and assistance services to seniors for the following programs for Fiscal Year 2023 (FY 2023):
a. Congregate Meals in the amount of $40,000;
b. Home Delivered Meals in the amount of $84,000;
c. Family Caregiver Support Program in the amount of $41,383; d. Senior Center Activities in the amount of $30,000; and e. Information and Assistance Services in the amount of $100,000.

Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 70,574–N.S. (Congregate Meals); Resolution No. 70,575–N.S. (Home Delivered Meals); Resolution No. 70,576–N.S. (Family Caregiver Support); Resolution No. 70,577–N.S. (Senior Center Activities); and Resolution No. 70,578–N.S. (Information and Assistance).

15. Contract No. 32000240 Amendment: Berkeley Unified School District (BUSD) for Mental Health MHSA-Funded Programs
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to execute an amendment to Contract No. 32000240 with Berkeley Unified School District (BUSD) to provide Mental Health Services Act (MHSA) funded programs in local schools through June 30, 2023 in an amount not to exceed $1,394,167. This amendment will add $401,389 in funding to the contract in order to continue three mental health programs for an additional year and add a fourth for the same time period.

Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 70,579–N.S.

16. Greater Bay Area Regional Partnership Workforce, Education and Training Grant – California Mental Health Services Authority
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to enter into a Participation Agreement and any amendments with the California Mental Health Services Authority (CalMHSA) for the Greater Bay Area (GBA) Regional Partnership Workforce, Education and Training (WET) Grant, and to allocate local Mental Health Services Act (MHSA) funds in an amount not to exceed $42,609, through June 30, 2025.

Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 70,580–N.S.

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Consent Calendar
Thursday, November 3, 2022 MINUTES Page 8

17. Fiscal Year 2023 Meals on Wheels of Alameda County Donations for the Berkeley Meals on Wheels Program
From: City Manager
Recommendation: Adopt a Resolution accepting donations, totaling approximately $175,000, for the Berkeley Meals on Wheels Program from the Meals on Wheels of Alameda County (MOWAC) agency, for Fiscal Year 2023 (FY 2023).

Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 70,581–N.S.

18. Contract: Robert Half International/Protiviti for Professional Services From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to increase spending authority with Robert Half International/Protiviti for professional services in support of the following City Departments: Fire (Administration, Prevention, Wildland Urban Interface, Emergency Medical Services and Training), Human Resources, and Information Technology in the Fiscal Year (FY) 2023 using the General Services Agency’s (GSA) purchasing vehicle no. GS-35F-0280X for an annual increase not to exceed $750,000 through June 30, 2023.

Financial Implications: Various Funds - $750,000
Contact: Donald E. Ellison, Human Resources, (510) 981-6800 Action: Adopted Resolution No. 70,582–N.S.

19. Contract No. 32000281 Amendment: ConvergeOne for on-site Avaya Administration, Maintenance and Support
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 32000281 to increase the spending authority with ConvergeOne (previously named Integration Partners), for Avaya on-site administration and maintenance, increasing the amount by $165,000 for a total not to exceed amount of $892,821, from July 1, 2020 to June 30, 2024.

Financial Implications: IT Cost Allocation Fund - $165,000 Contact: Kevin Fong, Information Technology, (510) 981-6500 Action: Adopted Resolution No. 70,583–N.S.

20. Contract No. 32000223 Amendment: Gray Quarter, Inc. for Accela Professional Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 32000223 with Gray Quarter, Inc. for professional services, increasing the amount by $50,000, for a total not-to-exceed amount of $299,500 through December 31, 2023.

Financial Implications: IT Cost Allocation Fund - $50,000 Contact: Kevin Fong, Information Technology, (510) 981-6500 Action: Adopted Resolution No. 70,584–N.S.

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Consent Calendar
Thursday, November 3, 2022 MINUTES Page 9

21. Adoption of Berkeley Building Codes, including Local Amendments to California Building Standards Code
From: City Manager
Recommendation:

1. Adopt first 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; and schedule a Public Hearing for the second reading on November 29, 2022 pursuant to state law; and

2. Adopt a Resolution setting forth findings of local conditions that justify more stringent regulations than those provided by the 2022 California Building Standards Code, and rescinding Resolution No. 69,170-N.S.

Financial Implications: See report
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: 1. Adopted first reading of Ordinance No. 7,839–N.S. Second reading scheduled for November 29, 2022. 2. Adopted Resolution No. 70,585–N.S.

22. Re-enactment of the Berkeley Housing Code; Repealing Chapter 12.48 and Repealing and Re-enacting Chapter 19.40
From: City Manager
Recommendation: Adopt first 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; and schedule a Public Hearing for the second reading on November 29, 2022, pursuant to state law.

Financial Implications: None
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: Adopted first reading of Ordinance No. 7,840–N.S. Second reading scheduled for November 29, 2022.

23. Revenue Grant Contract: Fiscal Year 2022-23 Alcoholic Beverage Control Grant From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager and/or Chief of Police, to execute a grant contract and any subsequent amendments with the State of California Department of Alcoholic Beverage Control (ABC) in the amount of $72,449 for one fiscal year, July 1, 2022 through June 30, 2023.

Financial Implications: Alcoholic Beverage Control Fund - $72,449 (grant) Contact: Jennifer Louis, Police, (510) 981-5900
Action: Adopted Resolution No. 70,586–N.S.

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Consent Calendar
Thursday, November 3, 2022 MINUTES Page 10

24. Reappointment of Andrea Prichett and Edward Opton to the Mental Health Commission
From: Mental Health Commission
Recommendation: Adopt a Resolution approving the re-appoint Andrea Prichett to the Mental Health Commission, as representative of the general public interest category, for a second- three-year term beginning November 4, 2022 and ending November 3, 2025. And re-appoint Edward Opton as a representative of the general public interest category, for his first term ending January 21, 2023 and his second- term beginning January 22, 2023 to January 21, 2026.

Financial Implications: None
Contact: Jamie Works-Wright, Commission Secretary, (510) 981-5400 Action: Adopted Resolution No. 70,587–N.S.

Vote: Ayes – Kesarwani, Taplin, Bartlett, Harrison, Robinson, Droste, Arreguin; Noes – None; Abstain – Hahn, Wengraf.

Council Consent Items

25. Referral to Conduct an Automatic Traffic Calming Review for the Area Immediately Surrounding the Project at 1201-1205 San Pablo Avenue From: Councilmember Kesarwani (Author)
Recommendation: Refer to the City Manager to conduct an automatic traffic calming review for the area immediately surrounding the streets of the project located at 1201-1205 San Pablo Avenue within six (6) months of the building’s occupancy reaching 90 percent of its capacity with the intent of expediting the traffic calming process for neighbors impacted by the development of this project. The traffic calming review should include the following intersections: Gilman and Kains; Gilman and Stannage; Harrison and San Pablo; Harrison and Kains; Harrison and Stannage.

Financial Implications: See report
Contact: Rashi Kesarwani, Councilmember, District 1, (510) 981-7110 Action: Approved recommendation.

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Council Consent Items
Thursday, November 3, 2022 MINUTES Page 11

26. Budget Referral: Down Payment Assistance (DPA) and Closing Cost Assistance Revolving Loan Fund Pilot
From: Councilmember Taplin (Author), Councilmember Harrison (Co-Sponsor), Councilmember Hahn (Co-Sponsor)
Recommendation: Refer to the budget process $500,000 for a local Down Payment Assistance (DPA) and Closing Cost Assistance Revolving Loan Fund Pilot Program, providing third-lien shared appreciation loans (SALs) to cover down payments and closing costs for qualifying applicants in a racial equity and reparative justice framework consistent with regulations for local, state, federal, and nonprofit DPA programs including, but not limited to: California Dream For All (CalHFA), AC Boost (Alameda County), Community Seconds (Fannie Mae), and Black Wealth Builders Fund. The City should aim spend no more than 10-20% on administrative costs if existing resources are insufficient.

Financial Implications: See report
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120 Action: Councilmember Bartlett added as a co-sponsor. Approved recommendation.

27. Budget Referral: No Right on Red Signs
From: Councilmember Taplin (Author), Councilmember Wengraf (Co-Sponsor) Recommendation: That the City Council refers to the City Manager the implementation of “No Right on Red” signs to all intersections with traffic lights. Refer the necessary appropriations of $135,000 to the 2022 November Annual Appropriations Ordinance.

Financial Implications: See report
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120 Action: Mayor Arreguin and Councilmember Robinson added as cosponsors.

Approved recommendation as revised below.

Refer to the City Manager to develop policy recommendations for council consideration that would expand limitations on "right turns on red" for the purposes of pedestrian safety. Staff should consider prohibiting right turns on red in commercial districts, on high-injury corridors, and/or citywide. Staff should engage the Transportation & Infrastructure Commission for feedback and review of possible recommendations. Staff is also requested to coordinate with AC Transit regarding impacts on transit services. Refer the necessary appropriations of $135,000 to the 2022 November Annual Appropriations Ordinance.

28. Budget Referral: Commitment to La Peña Cultural Center From: Councilmember Bartlett (Author), Mayor Arreguin (Co-Sponsor), Councilmember Hahn (Co-Sponsor)
Recommendation: Refer to the AAO#1 Budget Process $150,000 to support the recovery and renovations of La Peña Cultural Center, a cultural hub and historic community building space within the city of Berkeley.

Financial Implications: See report
Contact: Ben Bartlett, Councilmember, District 3, (510) 981-7130 Action: Vice-Mayor Harrison added as a co-sponsor. Approved recommendation.

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Council Consent Items
Thursday, November 3, 2022 MINUTES Page 12

29. Budget Referral: Commitment to the Completion of Affordable Housing at 1638 Stuart Street
From: Councilmember Bartlett (Author), Mayor Arreguin (Author), Councilmember Harrison (Co-Sponsor), Councilmember Hahn (Co-Sponsor) Recommendation: Refer to the AAO#1 Budget Process $50,000 to support the Completion of Affordable Housing at 1638 Stuart Street so it can complete exterior renovations and continue to provide eight units of permanently affordable housing for households earning less than 80% of area median income.

Financial Implications: See report
Contact: Ben Bartlett, Councilmember, District 3, (510) 981-7130 Action: Approved recommendation.

30. Resolution and Referral Supporting Local Implementation of SB 379: Online Instant Solar Permitting Process For Residential Solar And Solar-Plus-Storage Energy Systems
From: Councilmember Harrison (Author), Councilmember Hahn (Co-Sponsor), Mayor Arreguin (Co-Sponsor)
Recommendation:

1. Adopt Resolution supporting local implementation of SB 379 requiring cities to adopt online instant solar permitting process for residential solar and solar-plus- storage energy systems; and

2. Refer to the City Manager and Planning Department, consistent with SB 379 and climate goals, to explore and move swiftly to apply for applicable grants and implement automated solar permitting platforms to reduce permit review time for solar energy and battery storage systems.

Financial Implications: See report
Contact: Kate Harrison, Councilmember, District 4, (510) 981-7140 Action: Councilmember Bartlett added as a co-sponsor. 1. Adopted Resolution No. 70,588–N.S. 2. Approved recommendation.

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Action Calendar
Thursday, November 3, 2022 MINUTES Page 13

31. Harriet Tubman Terrace Tenant Support (Continued from October 11, 2022) From: Housing Advisory Commission
Recommendation: Recommend City Council take the following actions:
-Review the video created by tenants about conditions at Harriet Tubman Terrace that was shown at the July 7, 2022 Housing Advisory Commission meeting; -Direct the City Manager to investigate health and safety violations and other grievances identified by tenants at Harriet Tubman Terrace; and -City Council request Harriet Tubman Terrace provide tenants with a dedicated tenant advocate to assist with relocation and other needs.

Financial Implications: See report
Contact: Mike Uberti, Commission Secretary, (510) 981-7400 Action: 10 speakers. M/S/C (Bartlett/Arreguin) to approve the recommendation of the Housing Advisory Commission and include a budget referral of up to $100,000 to fund a tenant advocate position for Harriet Tubman Terrace. Further request that the City Manager develop a role for a larger position for general tenant advocacy.

Vote: All Ayes.

Recess 8:31 p.m. – 8:42 p.m.

32. Resolution Accepting the Annual Surveillance Technology Reports for Automatic License Plate Readers, GPS Trackers, Body Worn Cameras, Unmanned Aerial Vehicles and the Street Level Imagery Project Pursuant to Chapter 2.99 of the Berkeley Municipal Code
From: City Manager
Recommendation: Adopt a Resolution Accepting the Surveillance Technology Report for Automatic License Plate Readers, GPS Trackers, Body Worn Cameras, Unmanned Aerial Vehicles (UAV’s) and the Street Level Imagery Project Pursuant to Chapter 2.99 of the Berkeley Municipal Code.

Financial Implications: None
Contact: Jennifer Louis, Police, (510) 981-5900; Liam Garland, Public Works, (510) 981-6300; LaTanya Bellow, City Manager's Office, (510) 981-7000 Action: Moved to Consent Calendar. Adopted Resolution No. 70,589–N.S. with a revision to the Exhibit to correct the number of drone use instances from three to two to reflect new information that a drone was not deployed by Albany Police into the City of Berkeley during the Solano Stroll event.

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Action Calendar – Public Hearings
Thursday, November 3, 2022 MINUTES Page 14

33. ZAB Appeal: 2018 Blake Street, Use Permit #ZP2021-0095 (Continued from October 11, 2022)
From: City Manager
Recommendation: Conduct a public hearing and, upon conclusion, adopt a Resolution affirming the Zoning Adjustments Board (ZAB) decision to approve Use Permit #ZP2021-0095 to construct a six-story, multi-family residential building with 12 units (including two Low-Income units), and dismiss the appeal.

Financial Implications: None
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: M/S/C (Arreguin/Hahn) to continue the public hearings for the ZAB Appeal for 2018 Blake Street and the ZAB Appeal for 1643-1647 California Street to November 15, 2022.

Vote: All Ayes.

34. ZAB Appeal: 1643-1647 California Street, Use Permit #ZP2021-0001 From: City Manager
Recommendation: Conduct a public hearing and, upon conclusion, adopt a Resolution affirming the Zoning Adjustments Board (ZAB) decision to approve Use Permit #ZP2021-0001 to: 1) create a new lower basement level, 2) construct a new second story, and 3) modify the existing duplex layout resulting in a 3,763 square foot duplex on an existing property, and dismiss the appeal.

Financial Implications: None
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: See action for Item 33.

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Action Calendar
Thursday, November 3, 2022 MINUTES Page 15

35. Fair Workweek Ordinance; Adding Berkeley Municipal Code Chapter 13.102 (Continued from October 11, 2022) (Reviewed by the Health, Life Enrichment, Equity & Community Committee) (Item contains revised material) From: Commission on Labor
Recommendation: Adopt first reading of the proposed Fair Workweek Ordinance, adding Berkeley Municipal Code Chapter 13.102.

Financial Implications: See report
Contact: Margot Ernst, Commission Secretary, (510) 981-5400 Action: M/S/C (Arreguin/Harrison) to accept supplemental materials from Councilmember Wengraf for Item 35.

Vote: All Ayes.

Action: M/S/C (Hahn/Harrison) to suspend the rules and extend the meeting to 11:45 p.m.

Vote: Ayes – Kesarwani, Taplin, Bartlett, Harrison, Hahn, Wengraf, Droste, Arreguin; Noes – None; Abstain – None; Absent - Robinson.

Action: M/S/Failed (Arreguin/Harrison) to suspend the rules and extend the meeting to 12:00 a.m.

Vote: Ayes – Bartlett, Harrison, Hahn, Robinson, Arreguin; Noes – Kesarwani, Taplin, Wengraf, Droste; Abstain – None; Absent – None.

Action: M/S/Carried (Arreguin/Harrison) to call for the previous question.

Vote: Ayes – Bartlett, Harrison, Hahn, Robinson, Droste, Arreguin; Noes – Taplin, Wengraf; Abstain – None; Absent – Kesarwani.

Action: 25 speakers. Meeting adjourned at 11:45 p.m.

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Action Calendar
Thursday, November 3, 2022 MINUTES Page 16

36. Recommendation on Climate, Building Electrification, and Sustainable Transportation Budget Priorities for Fiscal Year 2023 and 2024 (Reviewed by the Budget & Finance Committee)
From: Energy Commission
Recommendation: The Energy Commission recommends that the Berkeley City Council prioritize and include in the City’s budget for the Fiscal Years Ending (FYE) 2023 and 2024 several staff positions, pilot projects, investments in electric vehicles and charging infrastructure, and other measures to ensure that the City’s budget is aligned with and provides adequate and needed funding to implement the City’s adopted Climate Action Plan, Electric Mobility Roadmap, Building Emissions Saving Ordinance, 2019 ban on gas in new construction, and the Existing Buildings Electrification Strategy.

Policy Committee Recommendation: No action was taken by the Budget & Finance Committee. Item is automatically returning to the Council agenda pursuant to the 120-day time limit for items referred to policy committees.

Financial Implications: See report
Contact: Billi Romain, Commission Secretary, (510) 981-7400 Action: Moved to Consent Calendar. Referred to the Budget & Finance Committee for review.

Information Reports

37. Fiscal Year (FY) 2023 Civic Arts Grant Awards
From: City Manager
Contact: Eleanor Hollander, Economic Development, (510) 981-7530 Action: Received and filed.

38. Fire Prevention Inspections Audit Status Report
From: City Manager
Contact: David Sprague, Fire, (510) 981-3473
Action: Received and filed.

39. Update: HR Response: Audit Directive(s) for Comprehensive Domestic Violence Policy to Support City Employees
From: City Manager
Contact: Donald E. Ellison, Human Resources, (510) 981-6800 Action: Received and filed.

40. LPO NOD: 2065 Kittredge Street/#LMSAP2021-0004
From: City Manager
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: Received and filed.

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Information Reports
Thursday, November 3, 2022 MINUTES Page 17

41. Audit Status Report: Underfunded Mandate: Resources, Strategic Plan, and Communication Needed to Continue Progress towards the Year 2020 Zero Waste Goal
From: City Manager
Contact: Liam Garland, Public Works, (510) 981-6300
Action: Referred to the Facilities, Infrastructure, Transportation, Environment & Sustainability Committee.

42. Audit Status Report: Unified Vision of Zero Waste Activities Will Help Align Service Levels with Billing and Ensure Customer Equity
From: City Manager
Contact: Liam Garland, Public Works, (510) 981-6300
Action: Referred to the Facilities, Infrastructure, Transportation, Environment & Sustainability Committee.

43. Audit Status Report – Lease Audit: Conflicting Directives Hinder Contract Oversight
From: City Manager
Contact: Liam Garland, Public Works, (510) 981-6300
Action: Received and filed.

44. Audit Status Reports: Fleet Replacement Fund Short Millions & Rocky Road:

Berkeley Streets At Risk and Significantly Underfunded
From: City Manager
Contact: Liam Garland, Public Works, (510) 981-6300
Action: Referred to the Facilities, Infrastructure, Transportation, Environment & Sustainability Committee.

45. Audit Recommendation Status -Data Analysis of the City of Berkeley's Police Response
From: City Manager
Contact: Jennifer Louis, Police, (510) 981-5900
Action: Received and filed.

46. Audit Recommendation Status - 911 Dispatchers: Understaffing Leads to Excessive Overtime and Low Morale
From: City Manager
Contact: Jennifer Louis, Police, (510) 981-5900
Action: Received and filed.

Public Comment – Items Not Listed on the Agenda - 0 speakers.

Adjournment
Adjourned at 11:45 p.m.

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Thursday, November 3, 2022 MINUTES Page 18
Communications
Item #31: Harriet Tubman Terrance Tenant Support

1. Darinxoso Oyamasela

2. Elaine Bloom
Item #34: ZAB Appeal: 1643-1647 California Street, Use Permit: #ZP2021-0001

3. Sunny Grewal, on behalf of studio g+s Architects
Item #35: Fair Workweek Ordinance; Adding Berkeley Municipal Code Chapter

13.102

4. Francisco De Sena
Measure L

5. Joel Libove

6. Finance Department
Crime

7. David Lerman (3)

8. Terrence Regan

9. Barbara Gilbert

10.Brian Edquist

11.Bryce Nesbit
Pedestrian Safety

12.David Lerman

13.Naren Dev
SPARK RV Site

14.Diana Bohn (2)
Parking and Traffic Issues

15.Barbara Gilbert
IKE Kiosks

16.Cielo Rios, on behalf of Emerson Elementary (2)

17.Jeffrey Church

18.Kieron Slaughter, Chief Strategist, Economic Innovation Residential Zoning Changes

19.Bruce Feingold
1201-1205 San Pablo Development

20.Yvette Bozzini (2)

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Thursday, November 3, 2022 MINUTES Page 19
Codornices Creek Issue – Homeless Disturbed People

21.Friends of Five Creeks (2)

22.Thomas Williams

23.Brian Beall
Thoughts of Global Safety and People’s Park

24.Peter Bruce DuMont
Scooters on Sidewalks

25.Kathleen Krier
Adeline Redesign

26.Scott Owades

27.Igor Tregub

28.Teresa Clarke

29.John Givens

30.Pablo Diaz-Gutierrez

31.Aaron Foxworthy
Parking Rates at City Garages

32.Zipporah Collins
Finn Hall

33.Phil Allen
Urban Heat Island, Dark Surfaces, Extreme Heat Events

34.Kelly Hammargren
City Clean Up Idea

35.Crystal Ngo
Chinese Berkeleyans and Civic Center Park

36.Richard Schwartz
Unable to Pay Rent

37.Kenneth Melson
Okinawa Requesting Support

38.Diana Bohn
Hopkins Corridor

39.Alan Jencks

40.Dorothea Dorenz

41.Lauren Moore

42.Mary Lai

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Thursday, November 3, 2022 MINUTES Page 20
Berkeley Housing Element Draft Environmental Impact Report

43.Adolfo Cabral

44.Walter Wood
Day to Night Festival Noise Complaint

45.Heather Way

46.Kelly Zito

47.Cressy
People’s Park

48.Chrissy Hoffman

49.Max Ventura
Downtown Parking

50.Kenneth Stein
Supplemental Communications and Reports 1
Item #18: Contract: Robert Half International/Protiviti for Professional Services

51.Russell Cowan
Item #33: ZAB Appeal: 2018 Blake Street, Use Permit #AP2021-0095

52.Supplemental material, submitted by Planning and Development Item #34: ZAB Appeal: 1643-1647 California Street, Use Permit #ZP2021-0001

53.Adam Safir
Item #35: Fair Workweek Ordinance; Adding Berkeley Municipal Code Chapter 13.102

54.Gail Silvan
Supplemental Communications and Reports 2
Item #22: Re-enactment of the Berkeley Housing Code; Repealing Chapter 12.48 and Repealing and Re-enacting Chapter 19.40

55.Housing Advisory Commission
Item #30: Resolution and Referral Supporting Local Implementation of SB 379:

Online Instant Solar Permitting Process For Residential Solar and Soalr-Plus- Storage Energy Systems

56.Igor Tregub, on behalf of California Solar & Storage Association Item #33: ZAB Appeal: 2018 Blake Street, Use Permit #AP2021-0095

57.Alison Huetter
Item #34: ZAB Appeal: 1643-1647 California Street, Use Permanent #ZP2021-0001

58.Minh Tsai

59.Adam Safir
Item #35: Fair Workweek Ordinance; Adding Berkeley Municipal Code Chapter 13.102

60.Revised material, submitted by Councilmember Harrison

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Thursday, November 3, 2022 MINUTES Page 21

61.Ryan Allain, on behalf of the California Retailers Association

62.Zipporah Collins

63.Andrea Mullarkey, on behalf of SEIU 1021, et al (2)

64.Cecilia Lunaparra, on behalf of the Cal Berkeley Democrats, et al

65.Alan Bern
Supplemental Communications and Reports 3
Item #27: Budget Referral: No Right on Red Signs

66.Isabelle Gaston (2)
Item #33: ZAB Appeal: 2018 Blake Street, Use Permit #AP2021-0095

67.Toni Mester
Item #35: Fair Workweek Ordinance; Adding Berkeley Municipal Code Chapter 13.102

68.Supplemental material, submitted by Councilmember Wengraf

69.Margaret Pritt

70.Diana Bohn

71.Elizabeth Ferguson

72.Andrea Mullarkey, on behalf of SEIU 1021 (2)

73.Matt Sutton, on behalf of the California Restaurant Association

74.Igor Tregub, on behalf of the Sierra Club

75.Barbara Gilbert

76.Doug Jones

77.Soumaya Lhamous

78.XiLin Choi

79.Sharanya Sahu

80.Theo Wyss-Flamm

81.29 similarly-worded form letters

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Monday, November 14, 2022 MINUTES Page 1

M I N U T E S

B E R K E L E Y C I T Y C O U N C I L

S P E C I A L M E E T I N G
MONDAY, NOVEMBER 14, 2022
4:30 P.M.

JESSE ARREGUIN, MAYOR
Councilmembers:

DISTRICT 1 – RASHI KESARWANI DISTRICT 5 – SOPHIE HAHN
DISTRICT 2 – TERRY TAPLIN DISTRICT 6 – SUSAN WENGRAF
DISTRICT 3 – BEN BARTLETT DISTRICT 7 – RIGEL ROBINSON
DISTRICT 4 – KATE HARRISON DISTRICT 8 – LORI DROSTE
PUBLIC ADVISORY: THIS MEETING WILL BE CONDUCTED EXCLUSIVELY THROUGH

VIDEOCONFERENCE AND TELECONFERENCE
Pursuant to Government Code Section 54953(e) and the state declared emergency, this meeting of the City Council will be conducted exclusively through teleconference and Zoom videoconference. The COVID- 19 state of emergency continues to directly impact the ability of the members to meet safely in person and presents imminent risks to the health of attendees. Therefore, no physical meeting location will be available.

To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device: Please use this URL https://us02web.zoom.us/j/85347936644. If you do not wish for your name to appear on the screen, then use the drop down menu and click on "rename" to rename yourself to be anonymous. To request to speak, use the “raise hand” icon by rolling over the bottom of the screen.

To join by phone: Dial 1-669-900-9128 or 1-877-853-5257 (Toll Free); enter Meeting ID: 853 4793 6644.

If you wish to comment during the public comment portion of the agenda, Press *9 and wait to be recognized by the Chair.

To submit a written communication for the City Council’s consideration and inclusion in the public record, email [email protected].

Attachment 2

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Monday, November 14, 2022 MINUTES Page 2
Preliminary Matters
Roll Call: 4:33 p.m.

Present: Kesarwani, Hahn, Wengraf, Robinson, Droste, Arreguin

Absent: Taplin, Bartlett, Harrison
Councilmember Taplin arrived at 4:39 pm.

Councilmember Bartlett arrived at 4:40 pm.

Public Comment - Limited to items on this agenda only – 0 speakers CLOSED SESSION:

The City Council will convene in closed session to meet concerning the following:

1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(1):
a. Ruegg & Ellsworth v. City of Berkeley, Alameda County Superior Court, Case No. RG18930003
Action: No reportable action taken.

2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(3):
a. Significant exposure to litigation pursuant to Section 54956.9(d)(3): One (1) case. See attached letter from the City Attorney regarding the threat of litigation as required by Fowler v. City of Lafayette, 46 Cal. App. 5th 360 (2020).

Action: No reportable action taken.

OPEN SESSION:

No reportable action taken.

Adjournment
Action: M/S/C (Arreguin/Wengraf) to adjourn the meeting.

Vote: Ayes – Kesarwani, Taplin, Bartlett, Harrison, Hahn, Wengraf, Robinson, Droste, Arreguin; Noes – None; Abstain – None; Absent – Harrison.

Adjourned at 6:00 p.m.

I hereby certify that the foregoing is a true and correct record of the closed session meeting held on November 14, 2022 as approved by the Berkeley City Council. __________________________________
Sarah K. Bunting, Assistant City Clerk

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Tuesday, November 15, 2022 MINUTES Page 1

M I N U T E S

S P E C I A L M E E T I N G O F T H E

B E R K E L E Y C I T Y C O U N C I L
Tuesday, November 15, 2022
4:00 PM

JESSE ARREGUIN, MAYOR
Councilmembers:

DISTRICT 1 – RASHI KESARWANI DISTRICT 5 – SOPHIE HAHN
DISTRICT 2 – TERRY TAPLIN DISTRICT 6 – SUSAN WENGRAF
DISTRICT 3 – BEN BARTLETT DISTRICT 7 – RIGEL ROBINSON
DISTRICT 4 – KATE HARRISON DISTRICT 8 – LORI DROSTE
PUBLIC ADVISORY: THIS MEETING WILL BE CONDUCTED EXCLUSIVELY THROUGH

Live captioned broadcasts of Council Meetings are available on Cable B-TV (Channel 33) and via internet accessible video stream at http://berkeley.granicus.com/MediaPlayer.php?publish_id=1244.

To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device: Please use this URL https://us02web.zoom.us/j/83640362532. If you do not wish for your name to appear on the screen, then use the drop down menu and click on "rename" to rename yourself to be anonymous. To request to speak, use the “raise hand” icon by rolling over the bottom of the screen.

To join by phone: Dial 1-669-900-9128 or 1-877-853-5257 (Toll Free) and enter Meeting ID: 836 4036 2532 . If you wish to comment during the public comment portion of the agenda, Press *9 and wait to be recognized by the Chair.

To submit a written communication for the City Council’s consideration and inclusion in the public record, email [email protected].

This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953. Any member of the public may attend this meeting. Questions regarding this matter may be addressed to Mark Numainville, City Clerk, (510) 981-6900. The City Council may take action related to any subject listed on the Agenda. Meetings will adjourn at 11:00 p.m. - any items outstanding at that time will be carried over to a date/time to be specified.

Attachment 3

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Tuesday, November 15, 2022 MINUTES Page 2
Preliminary Matters
Roll Call: 4:05 p.m.

Present: Kesarwani, Taplin, Harrison, Wengraf, Robinson, Droste, Arreguin

Absent: Bartlett, Hahn
Councilmember Hahn present at 4:08 p.m.

Councilmember Bartlett present at 4:11 p.m.

Worksession

1. Referral Response: Amnesty Program for Unpermitted Dwelling Units From: City Manager
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: 2 speakers. Presentation made and discussion held.

Adjournment
Action: M/S/C (Arreguin/Robinson) to adjourn the meeting.

Vote: All Ayes.

Adjourned at 5:37 p.m.

Communications
 None
Supplemental Communications and Reports 1
 None
Supplemental Communications and Reports 2
Item #1: Referral Response: Amnesty Program for Unpermitted Dwelling Units

1. Kelly Hammargren
Supplemental Communications and Reports 3
Item #1: Referral Response: Amnesty Program for Unpermitted Dwelling Units

2. Presentation, submitted by Planning and Development

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Tuesday, November 15, 2022 MINUTES Page 1

MINUTES

BERKELEY CITY COUNCIL MEETING
Tuesday, November 15, 2022
6:00 PM

JESSE ARREGUIN, MAYOR
Councilmembers:

DISTRICT 1 – RASHI KESARWANI DISTRICT 5 – SOPHIE HAHN
DISTRICT 2 – TERRY TAPLIN DISTRICT 6 – SUSAN WENGRAF
DISTRICT 3 – BEN BARTLETT DISTRICT 7 – RIGEL ROBINSON
DISTRICT 4 – KATE HARRISON DISTRICT 8 – LORI DROSTE
PUBLIC ADVISORY: THIS MEETING WILL BE CONDUCTED EXCLUSIVELY THROUGH

Live captioned broadcasts of Council Meetings are available on Cable B-TV (Channel 33) and via internet accessible video stream at http://berkeley.granicus.com/MediaPlayer.php?publish_id=1244.

To submit a written communication for the City Council’s consideration and inclusion in the public record, email [email protected].

This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953. Any member of the public may attend this meeting. Questions regarding this matter may be addressed to Mark Numainville, City Clerk, (510) 981-6900. The City Council may take action related to any subject listed on the Agenda. Meetings will adjourn at 11:00 p.m. - any items outstanding at that time will be carried over to a date/time to be specified.

Attachment 4

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Tuesday, November 15, 2022 MINUTES Page 2
Preliminary Matters
Roll Call: 6:05 p.m.

Present: Bartlett, Harrison, Hahn, Wengraf, Robinson, Droste, Arreguin

Absent: Kesarwani, Taplin
Councilmember Kesarwani present at 6:06 p.m.

Councilmember Taplin present at 6:06 p.m.

Land Acknowledgement Statement: The City of Berkeley recognizes that the community we live in was built on the territory of xučyun (Huchiun (Hooch-yoon)), the ancestral and unceded land of the Chochenyo (Cho-chen-yo)-speaking Ohlone (Oh-low-nee) people, the ancestors and descendants of the sovereign Verona Band of Alameda County. This land was and continues to be of great importance to all of the Ohlone Tribes and descendants of the Verona Band. As we begin our meeting tonight, we acknowledge and honor the original inhabitants of Berkeley, the documented 5,000-year history of a vibrant community at the West Berkeley Shellmound, and the Ohlone people who continue to reside in the East Bay. We recognize that Berkeley’s residents have and continue to benefit from the use and occupation of this unceded stolen land since the City of Berkeley’s incorporation in 1878. As stewards of the laws regulating the City of Berkeley, it is not only vital that we recognize the history of this land, but also recognize that the Ohlone people are present members of Berkeley and other East Bay communities today. The City of Berkeley will continue to build relationships with the Lisjan Tribe and to create meaningful actions that uphold the intention of this land acknowledgement.

Ceremonial Matters:

1. Recognition of the Alameda County Healthy Homes Department receiving the U.S. Department of Housing and Urban Development (HUD) 2022 Secretary Award

2. Recognition of and Adjourned in Memory of Barbara Ann White, Social Justice Advocate, and former Employee with the Department of Health, Housing, and Community Services in the Mental Health Division
City Manager Comments: None.

Public Comment on Non-Agenda Matters: 10 speakers.

Action: M/S/C (Arreguin/Taplin) to accept an urgency item from Councilmember Robinson pursuant to Government Code Section 54954.2(b)(2) entitled Resolution and Letter in Support of UC Academic Workers’ Ongoing Contract Negotiations and Strike Actions.

Vote: All Ayes.

Action: M/S/C (Arreguin/Robinson) to accept an urgency item from Councilmember Taplin pursuant to Government Code Section 54954.2(b)(2) entitled Budget Referral: Berkeley Junior Jackets Field Use Expenses.

Vote: All Ayes.

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Tuesday, November 15, 2022 MINUTES Page 3
Consent Calendar
Action: M/S/C (Arreguin/Droste) to accept revised material from the Fire Department on Item 23.

Vote: All Ayes.

Public Comment on Consent Calendar and Information Items Only: 30 speakers.

Action: M/S/C (Arreguin/Hahn) to adopt the Consent Calendar in one motion except as indicated.

Vote: All Ayes.

Consent Calendar
Urgent Item: Resolution and Letter in Support of UC Academic Workers’ Ongoing Contract Negotiations and Strike Actions
From: Councilmember Robinson (Author), Councilmember Taplin (Co-Sponsor), Councilmember Harrison (Co-Sponsor), Mayor Arreguin (Co-Sponsor) Recommendation: Adopt a Resolution in support of UAW 2865, UAW 5810, and SRU- UAW’s ongoing contract negotiations and strike actions at UC Berkeley and across all UC campuses, and send a letter of support to UC President Michael Drake and Provost Michael Brown.

Financial Implications: None
Contact: Rigel Robinson, Councilmember, District 7, (510) 981-7170 Action: Adopted Resolution No. 70,590–N.S.

Urgent Item: Budget Referral: Berkeley Junior Jackets Field Use Expenses From: Councilmember Taplin (Author)
Recommendation: That the City Council refers $6000 to the November Annual Appropriations Ordinance to provide Berkeley Junior Jackets’ the necessary funds to cover expenses associated with the use of Berkeley Unified School District facilities in the operation of their youth sports program.

Financial Implications: None
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120 Action: Councilmembers Bartlett and Harrison added as co-sponsors. Approved recommendation.

1. Minutes for Approval
From: City Manager
Recommendation: Approve the minutes for the Council meetings of September 6 (closed), September 13 (special and regular), September 19 (closed), September 20 (closed, special and regular), September 29 (closed and regular), October 11 (special and regular), October 20 (closed), and October 28 (closed).

Financial Implications: None
Contact: Mark Numainville, City Clerk, (510) 981-6900
Action: Approved the minutes as submitted.

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Tuesday, November 15, 2022 MINUTES Page 4

2. Appointment of the Chief of Police
From: City Manager
Recommendation: Adopt a Resolution confirming the appointment of Jennifer Louis as the Chief of Police to be effective November 27, 2022 at an annual salary of $256,125.

Financial Implications: See report
Contact: Dee Williams-Ridley, City Manager, (510) 981-7000 Action: Moved to Action Calendar. Item 2 removed from the agenda by the City Manager.

3. Renewal of the Elmwood Avenue BID for Calendar Year 2023 From: City Manager
Recommendation: Adopt a Resolution approving the Elmwood Business Improvement District Advisory Board’s (hereafter “Elmwood BID Advisory Board” or “the Advisory Board”) recommendation that Council: 1) approve the 2022 Annual Report and preliminary budget for proposed improvements in the District for calendar year 2023; 2) declare its intent to levy an assessment to finance improvements in the District for calendar year 2023 and 3) direct the City Clerk to schedule a public hearing on the renewal of the assessment for December 6, 2022.

Financial Implications: See report
Contact: Eleanor Hollander, Economic Development, (510) 981-7530 Action: Adopted Resolution No. 70,591–N.S. with revisions to the first paragraph of Section 6 to include the option for in-person participation at the public hearing on December 6, 2022.

4. Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on November 15, 2022
From: City Manager
Recommendation: Approve the request for proposals or invitation for bids (attached to staff report) that will be, or are planned to be, issued upon final approval by the requesting department or division. All contracts over the City Manager’s threshold will be returned to Council for final approval.

Financial Implications: Various Funds - $11,384,039
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Approved recommendation.

5. Contract: Station Automation Inc., DBA PSTrax for Real-time, Paperless Check- off and Asset Management Software
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to enter into a contract with Station Automation Inc., DBA PSTrax for real-time, paperless check-off and asset management software, for a total amount not to exceed $125,000.

Financial Implications: Measure Q Fund - $125,000
Contact: David Sprague, Fire, (510) 981-3473
Action: Adopted Resolution No. 70,592–N.S.

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Tuesday, November 15, 2022 MINUTES Page 5

6. Contract No. 32000116 Amendment Genasys, Inc. for Outdoor Warning System From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32000116 with Genasys, Inc. for Outdoor Warning System, increasing the amount by $200,000 for a total not to exceed amount of $2,174,457.

Financial Implications: Measure FF Public Safety - $200,000 Contact: David Sprague, Fire, (510) 981-3473
Action: Adopted Resolution No. 70,593–N.S.

7. Contract: Harold Dichoso for Providing Temporary Consulting Services for the Health, Housing, and Community Services (HHCS) Department.

From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract, with any amendments, with Harold Dichoso for providing consulting services to the Department of Health, Housing, and Community Services Office of the Director related to the Health Justice Internship Program for a term of 8 months.

The total not-to-exceed contract amount is $90,000.

Financial Implications: Bioterrorism Grant Fund - $90,000 Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 70,594–N.S.

8. Measure P: Contract No. 31900273 Amendment- Bay Area Community Services (BACS) North County Housing Resource Center – Shallow Subsidy Program and Contract No. 32200051 Amendment: WeHOPE for Mobile Showers and Laundry Services
From: City Manager
Recommendation:

1. Adopt a Resolution authorizing the City Manager or her designee to execute an amendment to Contract No. 31900273 with Bay Area Community Services (BACS) to amend the scope of work to shift up to $637,550 in unspent funds from the Measure P General Fund - funded Shallow Subsidy Program to a Flexible Funding Pool Program.

2. Adopt a Resolution authorizing the City Manager or her designee to execute an amendment to Contract No. 32200051 with WeHOPE to add $127,380 for an amount not to exceed $375,667 to provide mobile shower and laundry services through June 30, 2023.

Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 70,595–N.S. (BACS), and Resolution No. 70,596– N.S. (WeHOPE).

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Tuesday, November 15, 2022 MINUTES Page 6

9. New Classification Deputy City Attorney IV
From: City Manager
Recommendation: Adopt a Resolution to expand the Deputy City Attorney series by establishing the Deputy City Attorney IV classification with a monthly stepped salary range of $15,936.37 - $19,593.60 effective November 15, 2022.

Financial Implications: None
Contact: Donald E. Ellison, Human Resources, (510) 981-6800 Action: Adopted Resolution No. 70,597–N.S.

10. Amendments to On-Call Waterfront Engineering, Design, Environmental Permitting and Construction Administration Services Contract No. 32000261 with COWI North America, Inc, and Contract No. 32000263 with Transystems Corporation
From: City Manager
Recommendation: Adopt two Resolutions authorizing the City Manager to execute amendments to Contract No. 32000261 with COWI North America, Inc., and Contract No. 32000263 with Transystems Corporation, for on-call waterfront engineering, design, environmental permitting and construction administration services by increasing the contract amount by $1,000,000 and the duration by twelve months each, from June 30, 2023 through June 30, 2024, to a total not-to-exceed amount of $2,000,000 each.

Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 70,598–N.S. (COWI North America) and Resolution No. 70,599–N.S. (Transystems Corporation).

11. Contract Awards: Sharjo, Inc. dba ServiceMaster Recovery Management and Belfor USA Group, Inc. for on-call Emergency Restoration, Mitigation and Remediation Services
From: City Manager
Recommendation: Adopt two Resolutions authorizing the City Manager or designee to execute the following contracts for on-call emergency restoration, mitigation and remediation services, each for a period of December 1, 2022 through December 31, 2025:

1. Sharjo, Inc. dba ServiceMaster Recovery Management for an amount not to exceed $150,000.

2. Belfor USA Group, Inc. for an amount not to exceed $150,000.

Financial Implications: See report
Contact: Liam Garland, Public Works, (510) 981-6300
Action: Adopted Resolution No. 70,600–N.S. (Sharjo, Inc.) and Resolution No. 70,601–N.S. (Belfor USA Group, Inc.).

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Tuesday, November 15, 2022 MINUTES Page 7

12. Contract No. 10413B Amendment: LAZ Parking LLC for Managing City-Owned Off-Street Parking Facilities
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 10413B with LAZ Parking, LLC, a parking management company, to provide management services for the Telegraph Channing, Oxford, and Center Street Garages, extending the term to December 31, 2024 and increasing the contract amount by $5,162,424 for a total not-to-exceed of $16,252,375.

Financial Implications: Off-Street Parking Fund - $5,162,424 Contact: Liam Garland, Public Works, (510) 981-6300
Action: Adopted Resolution No. 70,602–N.S.

13. Contract No. 10340 (ERMA 111976-1) Amendment: HF&H Consultants, LLC for the Update of Rate Model
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 10340 (ERMA 111976-1) with HF&H Consultants, LLC for the Update of the Zero Waste Rate Schedules, extending the term to June 30, 2025, and increasing the contract by $75,000 for a total contract amount not to exceed $325,000.

Financial Implications: Zero Waste Fund - $75,000
Contact: Liam Garland, Public Works, (510) 981-6300
Action: Adopted Resolution No. 70,603–N.S.

14. Contract No. 117610-1 Amendment Columbia Electric, Inc. for On-Call Electrical Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 117610-1 with Columbia Electrical, Inc., increasing the current contract by $300,000 for a total not to exceed amount of $375,000 and extending the contract through June 30, 2025.

Financial Implications: General Fund - $300,000
Contact: Liam Garland, Public Works, (510) 981-6300
Action: Adopted Resolution No. 70,604–N.S.

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Consent Calendar
Tuesday, November 15, 2022 MINUTES Page 8

15. Sewer and Access Road Easement and Installation Agreements with Paulonia Investment, LLC and Little Tree Investment, Inc., and James Robert Higgins and Summary Vacation of Existing Sewer Easements
From: City Manager
Recommendation:

1. Adopt first readings of three Ordinances authorizing the City Manager to execute easement and installation agreements and any amendments for sewer pipe facilities with:

A. Paulonia Investment, LLC and Little Tree Investment, Inc. for extending, operating, maintaining, and accessing sewer pipe facilities on parcel with APN 063- 2969-034-23, and
B. James Robert Higgins for extending, operating, maintaining and accessing sewer pipe facilities on 1033 Miller Avenue (APN 063-2969-034-25) and C. Paulonia Investment, LLC and Little Tree Investment, Inc. on parcel with APN:
063-2969-034-44 for accessing sewer pipe facilities.

2. Adopt a Resolution to summarily vacate the existing sewer right-of-way easement and sewer reserve easement on parcel with APN 063-2969-034-23.

Financial Implications: See report
Contact: Liam Garland, Public Works, (510) 981-6300
Action: Adopted first reading of Ordinance No. 7,841–N.S. (APN 063-2969-034-23), Ordinance No. 7,842–N.S. (APN 063-2969-034-25), and Ordinance No. 7,843–N.S. (APN 063-2969-034-44). Second readings scheduled for November 29, 2022.

Adopted Resolution No. 70,605–N.S.

16. Reinstate Burma (Myanmar) on Berkeley’s Oppressive States List From: Peace and Justice Commission
Recommendation: Adopt a Resolution to reinstate Burma (Myanmar) on Berkeley’s Oppressive States list; to urge the federal government to strengthen sanctions on the military regime including on its Myanmar Oil and Gas Enterprises (MOGE), and to recognize and support the Burma National Unity Government (NUG), including ensuring the continued representation of Burma at the United Nations by U Kyaw More Tun. Send copies of the Resolution to the congressional delegation and other federal leaders.

Financial Implications: Staff time
Contact: Okeya Vance-Dozier, Commission Secretary, (510) 981-7100 Action: Adopted Resolution No. 70,606–N.S.

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Council Consent Items
Tuesday, November 15, 2022 MINUTES Page 9

17. United Against Hate Week 2022
From: Mayor Arreguin (Author), Councilmember Wengraf (Co-Sponsor), Councilmember Hahn (Co-Sponsor)
Recommendation:

1. Adopt a Resolution declaring November 13th – 19th, 2022 as United Against Hate Week.

2. Adopt a Resolution approving the D-13 expenditure in an amount not to exceed $250 per Councilmember, to support the film screening of “Repairing the World” in Berkeley with residuals going to Not in Our Town for United Against Hate Week.

Financial Implications: Mayor’s Discretionary Funds - $250 Contact: Jesse Arreguin, Mayor, (510) 981-7100
Action: Councilmember Bartlett added as a co-sponsor. Adopted Resolution No. 70,607–N.S. (United Against Hate Week), and Resolution No. 70,608–N.S. (Expenditure) revised to reflect a not to exceed expenditure amount of $500 per Councilmember, and further revised to include contributions from the following Councilmembers up to the amounts listed: Mayor Arreguin - $500, Councilmember Wengraf - $250, Councilmember Kesarwani - $100, Councilmember Hahn - $300, Councilmember Robinson - $250, Councilmember Droste - $100, Councilmember Harrison - $100, Councilmember Taplin - $250.

18. Resolution Supporting Removal of Cuba from the U.S. State Sponsor of Terrorism List
From: Councilmember Harrison (Author), Councilmember Wengraf (Co- Sponsor), Mayor Arreguin (Co-Sponsor)
Recommendation:

1. Adopt Resolution supporting removal of Cuba from the U.S. State Sponsor of Terrorism List; and

2. Refer to the City Clerk to send copies of the resolution and letters to Representative Lee and Senators Feinstein and Padilla.

Financial Implications: Staff time
Contact: Kate Harrison, Councilmember, District 4, (510) 981-7140 Action: Adopted Resolution No. 70,609–N.S.

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Council Consent Items
Tuesday, November 15, 2022 MINUTES Page 10

19. Adopt an Ordinance Adding a Chapter 11.62 to the Berkeley Municipal Code to Regulate the Use of Carryout and Produce Bags and Promote the Use of Reusable Bags (Reviewed by the Facilities, Infrastructure, Transportation, Environment & Sustainability Committee)
From: Councilmember Harrison (Author), Councilmember Hahn (Author) Recommendation:

1. Adopt an ordinance adding a Chapter 11.62 to the Berkeley Municipal Code to regulate the use of carryout and produce bags and promote the use of reusable bags with a phased enforcement and implementation approach, effective with respect to new charges for bags pursuant to Sections 11.63.040 and 11.63.050 and provisions applicable to the City of Berkeley and City-sponsored events pursuant to Section

11.63.090 on January 1, 2023, and administrative regulations for and all provisions in this ordinance effective June 30, 2023.

2. Refer to the City Manager and Public Works to consider a Zero Waste rate modification with an anticipated net-zero impact on General Fund to provide additional staffing capacity consistent with business and community outreach, support services, implementation, and phased enforcement of this ordinance and other plastic reduction ordinances. Out of an abundance of caution, and in the event that additional or alternative staffing resources are needed beyond a potential rate increase, refer to the Fiscal Year 2023 AAO #1 Budget Process up to $350,000 per year for staffing for this ordinance and other plastic reduction ordinances.

Policy Committee Recommendation: To approve the item with a positive recommendation.

Financial Implications: Staff Time - $350,000 per year
Contact: Kate Harrison, Councilmember, District 4, (510) 981-7140 Action: As recommended by the Facilities, Infrastructure, Transportation, Environment & Sustainability Committee: 1. Adopted first reading of Ordinance No. 7,844–N.S. Second reading scheduled for November 29, 2022. 2. Approved recommendation.

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Tuesday, November 15, 2022 MINUTES Page 11

20. The Berkeley Baby Book Project: Relinquishment of Council Office Budget Funds from General Funds and Grant of Such Funds
From: Councilmember Wengraf (Author), Councilmember Bartlett (Co- Sponsor), Councilmember Hahn (Co-Sponsor)
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $125 per Councilmember, including $125 from Councilmember Wengraf, to support the Berkeley Baby Book Project, a non-profit, with funds relinquished to the City’s general fund. The relinquishment of funds from Councilmember Wengraf and all other Councilmembers who would like to contribute, will provide books to Berkeley children aged 0-5 years. The books are delivered by USPS and addressed to the child who owns them at no cost to their family. $125 covers one book delivered to one child every month for 5 years.

Financial Implications: Councilmember's Discretionary Funds - $125 Contact: Susan Wengraf, Councilmember, District 6, (510) 981-7160 Action: Adopted Resolution No. 70,610–N.S. as revised to include contributions from the following Councilmember up to the amounts listed: Councilmember Kesarwani - $125, Councilmember Hahn - $125, Councilmember Robinson - $125, Councilmember Droste - $125, Councilmember Harrison - $100, Councilmember Taplin - $125, Mayor Arreguin - $125.

21. Budget Referral: Closing the Southside Complete Streets Funding Gap From: Councilmember Robinson (Author), Mayor Arreguin (Co-Sponsor), Councilmember Hahn (Co-Sponsor)
Recommendation: Refer $1,000,000 to the FY 2023 AAO #1 process to contribute to closing the funding gap for the Southside Complete Streets project to ensure that construction on Bancroft, Dana, & Fulton can proceed on schedule and to prevent the loss of $7.3M in federal funding.

Financial Implications: $1,000,000
Contact: Rigel Robinson, Councilmember, District 7, (510) 981-7170 Action: Councilmember Harrison added as a co-sponsor. Approved recommendation.

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Tuesday, November 15, 2022 MINUTES Page 12

22. Referral: Establishing an Electric Bike Rebate Program and Expanding Low- Income E-Bike Ownership through the Climate Equity Action Fund From: Councilmember Robinson (Author), Councilmember Harrison (Author), Councilmember Taplin (Author), Councilmember Hahn (Co-Sponsor) Recommendation: Refer to the City Manager to establish a two-tiered point-of-sale rebate program to reduce the up-front cost of electric bicycles and necessary safety and security accessories for Berkeley residents, including: -Rebate Level 1: a point- of-sale rebate to be made available to all City of Berkeley residents; -Rebate Level 2:
a point-of-sale rebate that covers a higher percentage of the cost than Rebate Level 1, to be made available to low-income City of Berkeley residents.

Refer $500,000 to the FY 2023 AAO #1 process as follows: -$400,000 for the point of sale rebate program; -$100,000 in supplementary funding towards the Climate Equity Action Fund (CEAF) to further facilitate e-bike ownership among low-income Berkeley residents.

Financial Implications: See report
Contact: Rigel Robinson, Councilmember, District 7, (510) 981-7170 Action: Councilmember Harrison added as a co-sponsor. Approved recommendation as revised to read as follows:

Refer to the City Manager to explore the creation of a program to establish a two- tiered point-of-sale rebate program to reduce the up-front cost of electric bicycles and necessary safety and security accessories for Berkeley residents, including: - Rebate Level 1: a point-of-sale rebate to be made available to all City of Berkeley residents; -Rebate Level 2: a point-of-sale rebate that covers a higher percentage of the cost than Rebate Level 1, to be made available to low-income City of Berkeley residents.

Recess 8:02 p.m. – 8:12 p.m.

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Action Calendar – Public Hearings
Tuesday, November 15, 2022 MINUTES Page 13

23. Adoption of the 2022 California Fire Code with Local Amendments From: City Manager
Recommendation:

1. Adopt the first reading of an Ordinance repealing the Berkeley Fire Code (Berkeley Municipal Chapter 19.48) and reenacting BMC Chapter 19.48;

2. Adopt a Resolution setting forth findings of local conditions that require more stringent building standards than those provided by the 2022 California Fire Code (“CFC”) and rescinding Resolution number 69,178–N.S.;

3. Conduct a public hearing and upon conclusion, adopt a Resolution establishing annual permit fees, inspection and billing rates for inspection of property sites by the Berkeley Fire Department, and rescinding Resolution number 69,179–N.S. and all Resolutions amendatory thereof.

4. In compliance with state law on adopting such codes by reference, hold a public hearing following the first reading and before the second reading, and schedule the public hearing for December 6, 2022.

Financial Implications: See report
Contact: David Sprague, Fire, (510) 981-3473
Action: M/S/C (Hahn/Robinson) to suspend the rules and extend the meeting to 11:10 p.m.

Vote: All Ayes.

Public Testimony: The Mayor opened the public hearing. 4 speakers.

M/S/C (Arreguin/Wengraf) to close the public hearing.

Vote: All Ayes.

Action: M/S/C (Wengraf/Arreguin) to:

1. Adopt first reading of Ordinance No. 7,845–N.S. as revised in the Supplemental Communications Packet #3 by the Fire Department. Second reading scheduled for December 6, 2022.

2. Adopt Resolution No. 70,611–N.S. (Finding of Local Conditions) as revised in the Supplemental Communications Packet #3 by the Fire Department.

3. Adopt Resolution No. 70,612–N.S. (Fees)

4. Approve the recommendation.

Vote: All Ayes.

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Action Calendar – Public Hearings
Tuesday, November 15, 2022 MINUTES Page 14

24. Implement Residential Preferential Parking (RPP) Program on the 1900 Block of Vine Street and the 3000 Block of Martin Luther King Jr. Way From: City Manager
Recommendation: Conduct a public hearing and upon its conclusion, adopt a Resolution amending Resolution No. 56,508-N.S. Section 25E and Section 25M by adding a subsection to implement Residential Preferential Parking (RPP) on both sides of the 1900 Block of Vine Street in RPP Area E and the west side of the 3000 Block of Martin Luther King Jr. Way in RPP Area M.

Financial Implications: See report.

Contact: Liam Garland, Public Works, (510) 981-6300
Public Testimony: The Mayor opened the public hearing. 8 speakers.

M/S/C (Arreguin/Robinson) to close the public hearing.

Vote: Ayes – Kesarwani, Bartlett, Harrison, Hahn, Wengraf, Robinson, Droste, Arreguin; Noes – None; Abstain – None; Absent – Taplin.

Councilmember Taplin absent 8:25 p.m. – 8:34 p.m.

Action: M/S/C (Arreguin/Hahn) to adopt Resolution No. 70,613–N.S.

Vote: All Ayes.

Action Calendar – New Business

25. Update on BPD efforts related to the Improving Hate Crimes Reporting and Response Referral
From: City Manager
Contact: Jennifer Louis, Police, (510) 981-5900
Action: M/S/C (Arreguin/Harrison) to continue Item 25 to December 6, 2022.

Vote: All Ayes.

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Action Calendar – Continued Business – Public Hearings
Tuesday, November 15, 2022 MINUTES Page 15
A. ZAB Appeal: 2018 Blake Street, Use Permit #ZP2021-0095 (Continued from November 3, 2022) (Item contains supplemental material) From: City Manager
Recommendation: Conduct a public hearing and, upon conclusion, adopt a Resolution affirming the Zoning Adjustments Board (ZAB) decision to approve Use Permit #ZP2021-0095 to construct a six-story, multi-family residential building with 12 units (including two Low-Income units), and dismiss the appeal.

Financial Implications: None
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Public Testimony: The Mayor opened the public hearing. 13 speakers.

M/S/C (Arreguin/Robinson) to close the public hearing.

Vote: All Ayes.

Action: M/S/C (Arreguin/Robinson) to adopt Resolution No. 70,614–N.S. affirming the Zoning Adjustments Board (ZAB) decision to approve Use Permit #ZP2021-0095 to construct a six-story, multi-family residential building with 12 units, and dismiss the appeal, with the revised Findings and Conditions in the supplemental material included with the item from the Planning and Development Department, and further revised to add a condition of approval requiring an on-site manager. Staff is authorized to draft the condition of approval requiring an on-site manager to reflect Council’s direction.

Vote: Ayes – Kesarwani, Taplin, Bartlett, Hahn, Wengraf, Robinson, Droste, Arreguin; Noes – Harrison; Abstain – None; Absent – None.

B. ZAB Appeal: 1643-1647 California Street, Use Permit #ZP2021-0001 (Continued from November 3, 2022)
From: City Manager
Recommendation: Conduct a public hearing and, upon conclusion, adopt a Resolution affirming the Zoning Adjustments Board (ZAB) decision to approve Use Permit #ZP2021-0001 to: 1) create a new lower basement level, 2) construct a new second story, and 3) modify the existing duplex layout resulting in a 3,763 square foot duplex on an existing property, and dismiss the appeal.

Financial Implications: None
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Public Testimony: The Mayor opened the public hearing. 11 speakers.

M/S/C (Arreguin/Robinson) to close the public hearing.

Vote: All Ayes.

Action: M/S/C (Droste/Kesarwani) to adopt Resolution No. 70,615–N.S. affirming the Zoning Adjustments Board (ZAB) decision to approve Use Permit #ZP2021-0001 to: 1) create a new lower basement level, 2) construct a new second story, and 3) modify the existing duplex layout resulting in a 3,763 square foot duplex on an existing property, and dismiss the appeal.

Vote: All Ayes.

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Information Reports
Tuesday, November 15, 2022 MINUTES Page 16

26. LPO NOD: 2119 Marin Avenue/#LMIN2022-0002
From: City Manager
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: Received and filed.

27. LPO NOD: 1325 Arch Street/#LMSAP2022-0007
From: City Manager
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: Received and filed.

28. LPO NOD: 2081 Center Street/#LMSAP2022-0006
From: City Manager
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: Received and filed.

29. LPO NOD: 2109 Kala Bagai Way/#LMSAP2022-0008
From: City Manager
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: Received and filed.

Public Comment – Items Not Listed on the Agenda - 23 speakers.

Adjournment
Adjourned at 11:10 p.m.

Communications
Adeline Street Redesign

1. Pablo Diaz-Gutierrez

2. Jane Scantlebury

3. Tommaso Sciortino

4. Teresa Clarke

5. Abbie Turiansky

6. John Givens

7. Jeffrey Wescott

8. Laura Stevens

9. Sabina McMurtry

10.Nat Kane
All-Day All-Night Festival Noise

11.Kelly Zito
State Required Housing – RHNA Housing Allocation

12.Margaret Pritt

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Tuesday, November 15, 2022 MINUTES Page 17
Catalytic Converter Crime

13.Karl Reeh
Energy Efficient Holidays

14.Christopher La Combe
RHS

15.Anna Avellar
Hopkins Corridor

16.Todd Andrew

17.Margot Smith

18.Luther Miller

19.Evelyn Larsen

20.Meg and Dan Holm

21.Joshua Bloom

22.David Kessler

23.Lisa Oglesby

24.Commission on Aging
Measure L

25.Finance Department (2)

26.Justin Lee
COVID-19 Masking Policies

27.Rainbow Rubin
UC Berkeley Safety Concerns

28.Maria Rosino-Miracco
Hearst Garden/Cottages at 1155-1173 Hearst Avenue

29.Tracey Emerson

30.Dale Anania
Housing Element

31.Janis Ching

32.Richard Illgen

33.Rahel Smith

34.Natalie Hanson

35.18 similarly-worded form letters
Middle Housing

36.Kyle Scott
Live Transcription

37.Max Ventura

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Tuesday, November 15, 2022 MINUTES Page 18

38.Margot Smith
People’s Park

39.Holly Scott Cayce

40.Marc Sapir

41.Dale Alexander
5G Forests

42.Vivian Warkentin
Phone Bank Lists

43.Samuel Kim, on behalf of Racial Justice and Advocacy Program 1600 Block Woolsey Health and Safety Issues

44.Joshua Landerfelt (2)
Native Landscaping – Less-Thirsty

45.Franziska Raedeker
Codornices Creek Issue

46.Friends of Five Creeks (2)

47.Peter Radu, on behalf of Neighborhood Services
1201-1205 San Pablo Avenue

48.Reed Schwartz

49.Tony Benado
Parking Ticket

50.Dawn Howard
2065 Kittredge Street – Appeal Use Permit #ZP2021-0193

51.Alisha Pember, on behalf of Adams Broadwell Joseph and Cardozo Crime in Berkeley

52.Tony Benado

53.Alexander Merenkov
Segregation in Berkeley Persists

54.Aimee Baldwin
Neighborhood Noise

55.Paola Bacchetta
AT&T Box Safety Hazard

56.Immanuel Buder

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Tuesday, November 15, 2022 MINUTES Page 19
Supplemental Communications and Reports 1
Item #2: Appointment of the Chief of Police

57.Janice Schroeder

58.Diana Bohn
Supplemental Communications and Reports 2
Item #2: Appointment of the Chief of Police

59.Margaret Fine

60.Diana Bohn (3)

61.Phoebe Thomas Sorgen

62.Andrea Pritchett

63.Kate Lauer

64.Paola Laverde

65.Rivka Polatnick

66.Meghan Schwartz

67.Elana Auerbach

68.Carole Marasovic

69.Cecilia Lunaparra

70.Caleb Dawson

71.Jorie Heilman

72.Mary-Lee Smith

73.Jonathan Garvin

74.Portia Lewis

75.Steve Martinot
Item 21: Budget Referral: Closing the Southside Complete Streets Funding Gap

76.Chuck Siegel
Item #22: Referral: Establishing an Electric Bike Rebate Program and Expanding Low-Income E-Bike Ownership through the Climate Equity Action Fund

77.Tom Lent, on behalf of Walk Bike Berkeley
Supplemental Communications and Reports 3
Item #2: Appointment of the Chief of Police

78.Catherine Huchting

79.Max Ventura

80.Moni Law (2)

81.Janice Schroeder

82.Mansour Id-Deen

83.Julia Cato

84.Ariana Thompson-Lastad

85.Linda Franklin

86.Janet Madilon

87.Berkeley Progressive Alliance

88.Michael Lerner

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Tuesday, November 15, 2022 MINUTES Page 20

89.Hansel Alejandro Aguilar, Director of Police Accountability

90.Brendon Wood, Alameda County Public Defender

91.Anne-Lise Francois

92.Michai Freeman

93.Chrissy Hoffman

94.Mike Iziksun

95.Lynn Cooper
Item #19: Adopt an Ordinance Adding a Chapter 11.62 to the Berkeley Municipal Code to Regulate the Use of Carryout and Produce Bags and Promots the Use of Reusable Bags

96.Bryce Nesbitt

97.Prab Rai, on behalf of CALPIRG Students
Item #20: The Berkeley Baby Book Project: Relinquishment of Council Office Budget Funds from General Funds and Grant of Such Funds

98.Seena Hawley
Item 23: Adoption of the 2022 California Fire Code with Local Amendments

99.Revised material, submitted by the Fire Department
100. Presentation, submitted by the Fire Department
Item #B: ZAB Appeal: 1643-1647 California Street, Use Permit #ZP2021-0001 101. Presentation, submitted by the Planning and Development Department Urgent Items
Resolution and Letter in Support of UC Academic Workers’ Ongoing Contract Negotiations and Strike Actions
102. Urgent item, submitted by Councilmember Robinson
Budget Referral: Berkeley Junior Jackets Fields Use Expenses 103. Urgent item, submitted by Councilmember Taplin

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Monday, November 21, 2022 MINUTES Page 1

M I N U T E S

S P E C I A L M E E T I N G O F T H E

B E R K E L E Y C I T Y C O U N C I L
Monday, November 21, 2022
5:00 PM

JESSE ARREGUIN, MAYOR
Councilmembers:

DISTRICT 1 – RASHI KESARWANI DISTRICT 5 – SOPHIE HAHN
DISTRICT 2 – TERRY TAPLIN DISTRICT 6 – SUSAN WENGRAF
DISTRICT 3 – BEN BARTLETT DISTRICT 7 – RIGEL ROBINSON
DISTRICT 4 – KATE HARRISON DISTRICT 8 – LORI DROSTE
PUBLIC ADVISORY: THIS MEETING WILL BE CONDUCTED EXCLUSIVELY THROUGH

Live captioned broadcasts of Council Meetings are available on Cable B-TV (Channel 33) and via internet accessible video stream at http://berkeley.granicus.com/MediaPlayer.php?publish_id=1244.

To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device: Please use this URL https://us02web.zoom.us/j/83549098964. If you do not wish for your name to appear on the screen, then use the drop down menu and click on "rename" to rename yourself to be anonymous. To request to speak, use the “raise hand” icon by rolling over the bottom of the screen.

To join by phone: Dial 1-669-900-9128 or 1-877-853-5257 (Toll Free) and enter Meeting ID: 835 4909 8964. If you wish to comment during the public comment portion of the agenda, Press *9 and wait to be recognized by the Chair.

To submit a written communication for the City Council’s consideration and inclusion in the public record, email [email protected].

This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953. Any member of the public may attend this meeting. Questions regarding this matter may be addressed to Mark Numainville, City Clerk, (510) 981-6900. The City Council may take action related to any subject listed on the Agenda. Meetings will adjourn at 11:00 p.m. - any items outstanding at that time will be carried over to a date/time to be specified.

Attachment 5

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Monday, November 21, 2022 MINUTES Page 2
Preliminary Matters
Roll Call: 5:05 p.m.

Present: Kesarwani, Taplin, Harrison, Hahn, Wengraf, Robinson, Arreguin

Absent: Bartlett, Droste
Bartlett present at 5:07 p.m.

Action Calendar

1. Fair Workweek Ordinance; Adding Berkeley Municipal Code Chapter 13.102 (Continued from November 3, 2022) (Reviewed by the Health, Life Enrichment, Equity & Community Committee) (Item contains revised and supplemental material) From: Commission on Labor
Recommendation: Adopt first reading of the proposed Fair Workweek Ordinance, adding Berkeley Municipal Code Chapter 13.102.

Policy Committee Recommendation: To forward the Commission on Labor’s item to Council with a positive recommendation to adopt the version of the ordinance dated “7/7/22” that was presented to the Health, Life Enrichment, Equity & Community Committee at the July 11, 2022 meeting.

Financial Implications: See report
Contact: Margot Ernst, Commission Secretary, (510) 981-5400 Action: 22 speakers. M/S/C (Arreguin/Harrison) to:

1. Adopt first reading of Ordinance No.7,846-N.S. as submitted by Vice Mayor Harrison in Communications Packet #2 (second reading scheduled for December 13, 2022), revising the final sentence of Section 13.102.070 to read “Additionally, for the City of Berkeley, the offering of these additional hours shall not in themselves confer career status on any non-career employee or confer benefits on any non-benefitted employee, unless required by state or federal law”; and

2. Making the following the following referrals:
 Refer $50,000 to the FY 23 AAO #1 Budget Process for outreach and technical assistance;
 Refer to the FY 24 Budget Process up to $92,000 for citywide predictability pay (up to $70,000 for PRW and up to $22,000 for other departments). This allowance supports potential costs for approximately 675 part-time employees who might receive predictability pay, representing up to $136/person;  Resubmit $220,000 to the FY 2023 AAO #1 budget process for a Community Development Project Coordinator in Health, Housing and Community Services (HHCS) to assist with enforcement of Citywide labor laws and regulations and the Fair Work Week legislation. This request was previously submitted for the FY 23 budget process but was not funded nor formally carried over for consideration in the AAO; and

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Action Calendar
Monday, November 21, 2022 MINUTES Page 3
 Refer $150,000 to FY 2024 for a Parks, Recreation & Waterfront (PRW) Accounting Office Specialist III to implement scheduling systems.

Vote: Ayes – Kesarwani, Taplin, Bartlett, Harrison, Hahn, Robinson, Arreguin; Noes – None; Abstain – None; Absent – Wengraf, Droste.

Adjournment
Action: M/S/C (Arreguin/Harrison) to adjourn the meeting.

Vote: Ayes – Kesarwani, Taplin, Bartlett, Harrison, Hahn, Robinson, Arreguin; Noes – None; Abstain – None; Absent – Wengraf, Droste.

Councilmember Wengraf absent at 6:39 p.m.

Adjourned at 6:58 p.m.

Communications
Item #1: Fair Workweek Ordinance; Adding Berkeley Municipal Code Chapter 13.102

1. Claire Kahane

2. Andrea Mullarkey (2)
Supplemental Communications and Reports 1
 None
Supplemental Communications and Reports 2
Item #1: Fair Workweek Ordinance; Adding Berkeley Municipal Code Chapter 13.102

3. John Caner, on behalf of the Downtown Berkeley Association

4. Matthew Sutton

5. Linda Currie

6. Barbara Gilbert

7. Revised material, submitted by Councilmember Harrison Supplemental Communications and Reports 3
Item #1: Fair Workweek Ordinance; Adding Berkeley Municipal Code Chapter

13.102

8. Igor Tregub, on behalf of the Sierra Club Northern Alameda County Group

9. Isabelle Gaston

10.Doug Jones, on behalf of SEIU and UHW

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Monday, November 28, 2022 MINUTES Page 1

M I N U T E S

BERKELEY CITY COUNCIL SPECIAL MEETING
MONDAY, NOVEMBER 28, 2022
4:30 P.M.

JESSE ARREGUIN, MAYOR
Councilmembers:

DISTRICT 1 – RASHI KESARWANI DISTRICT 5 – SOPHIE HAHN
DISTRICT 2 – TERRY TAPLIN DISTRICT 6 – SUSAN WENGRAF
DISTRICT 3 – BEN BARTLETT DISTRICT 7 – RIGEL ROBINSON
DISTRICT 4 – KATE HARRISON DISTRICT 8 – LORI DROSTE
PUBLIC ADVISORY: THIS MEETING WILL BE CONDUCTED EXCLUSIVELY THROUGH

VIDEOCONFERENCE AND TELECONFERENCE
Pursuant to Government Code Section 54953(e) and the state declared emergency, this meeting of the City Council will be conducted exclusively through teleconference and Zoom videoconference. The COVID- 19 state of emergency continues to directly impact the ability of the members to meet safely in person and presents imminent risks to the health of attendees. Therefore, no physical meeting location will be available.

To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device: Please use this URL https://us02web.zoom.us/j/81072611640. If you do not wish for your name to appear on the screen, then use the drop down menu and click on "rename" to rename yourself to be anonymous. To request to speak, use the “raise hand” icon by rolling over the bottom of the screen.

To join by phone: Dial 1-669-900-9128 or 1-877-853-5257 (Toll Free); enter Meeting ID: 810 7261 1640.

If you wish to comment during the public comment portion of the agenda, Press *9 and wait to be recognized by the Chair.

To submit a written communication for the City Council’s consideration and inclusion in the public record, email [email protected].

Attachment 6

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Monday, November 28, 2022 MINUTES Page 2
Preliminary Matters
Roll Call: 4:35 p.m.

Present: Droste, Hahn, Harrison, Robinson, Taplin, Arreguin

Absent: Bartlett, Kesarwani, Wengraf
Public Comment - Limited to items on this agenda only – None.

CLOSED SESSION:

The City Council will convene in closed session to meet concerning the following:

1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8
Property address: 1718 8th Street, Berkeley, California Agency Negotiators: Dee Williams-Ridley, City Manager; Paul Buddenhagen, Deputy City Manager; Scott Ferris, Director of Parks, Recreation, and Waterfront; Christina Erickson, Deputy Director of Parks, Recreation, and Waterfront Negotiating parties: City of Berkeley & Bay Area Hispano Institute for Advancement (BAHIA) Property owner: City of Berkeley
Under negotiation: Price and terms
Action: No reportable action taken.

2. CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION PURSUANT TO GOVERNMENT CODE SECTIONS 54956.9(a)
a. Government Claim of Susan Simonds & Michael Wentworth b. Government Claim of Selamawit Tezare
Action: No reportable action taken.

OPEN SESSION:

Public Reports of actions taken pursuant to Government Code section 54957.1.

No reportable action taken.

Adjournment
Action: M/S/C (Arreguin/Robinson) to adjourn the meeting.

Vote: Ayes – Taplin, Droste, Harrison, Hahn, Robinson, Arreguin; Noes – None; Abstain – None; Absent – Kesarwani, Bartlett, Wengraf.

Adjourned at 5:05 p.m.

I hereby certify that the forgoing is a true and correct record of the special closed meeting of November 28, 2022 as approved by the Berkeley City Council. __________________________________
Rose Thomsen, Deputy City Clerk

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Tuesday, November 29, 2022 MINUTES Page 1

MINUTES

BERKELEY CITY COUNCIL MEETING
Tuesday, November 29, 2022
6:00 PM

JESSE ARREGUIN, MAYOR
Councilmembers:

DISTRICT 1 – RASHI KESARWANI DISTRICT 5 – SOPHIE HAHN
DISTRICT 2 – TERRY TAPLIN DISTRICT 6 – SUSAN WENGRAF
DISTRICT 3 – BEN BARTLETT DISTRICT 7 – RIGEL ROBINSON
DISTRICT 4 – KATE HARRISON DISTRICT 8 – LORI DROSTE
PUBLIC ADVISORY: THIS MEETING WILL BE CONDUCTED EXCLUSIVELY THROUGH

Live captioned broadcasts of Council Meetings are available on Cable B-TV (Channel 33) and via internet accessible video stream at http://berkeley.granicus.com/MediaPlayer.php?publish_id=1244.

To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device: Please use this URL https://us02web.zoom.us/j/82196348694. If you do not wish for your name to appear on the screen, then use the drop down menu and click on "rename" to rename yourself to be anonymous. To request to speak, use the “raise hand” icon by rolling over the bottom of the screen.

To join by phone: Dial 1-669-900-9128 or 1-877-853-5257 (Toll Free) and enter Meeting ID: 821 9634 8694. If you wish to comment during the public comment portion of the agenda, Press *9 and wait to be recognized by the Chair.

To submit a written communication for the City Council’s consideration and inclusion in the public record, email [email protected].

This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953. Any member of the public may attend this meeting. Questions regarding this matter may be addressed to Mark Numainville, City Clerk, (510) 981-6900. The City Council may take action related to any subject listed on the Agenda. Meetings will adjourn at 11:00 p.m. - any items outstanding at that time will be carried over to a date/time to be specified.

Attachment 7

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Tuesday, November 29, 2022 MINUTES Page 2
Preliminary Matters
Roll Call: 6:04 p.m.

Present: Kesarwani, Harrison, Hahn, Wengraf, Robinson, Droste, Arreguin

Absent: Taplin, Bartlett
Councilmember Taplin present at 6:05 p.m.

Councilmember Bartlett present at 6:11 p.m.

Land Acknowledgement Statement: The City of Berkeley recognizes that the community we live in was built on the territory of xučyun (Huchiun (Hooch-yoon)), the ancestral and unceded land of the Chochenyo (Cho-chen-yo)-speaking Ohlone (Oh-low-nee) people, the ancestors and descendants of the sovereign Verona Band of Alameda County. This land was and continues to be of great importance to all of the Ohlone Tribes and descendants of the Verona Band. As we begin our meeting tonight, we acknowledge and honor the original inhabitants of Berkeley, the documented 5,000-year history of a vibrant community at the West Berkeley Shellmound, and the Ohlone people who continue to reside in the East Bay. We recognize that Berkeley’s residents have and continue to benefit from the use and occupation of this unceded stolen land since the City of Berkeley’s incorporation in 1878. As stewards of the laws regulating the City of Berkeley, it is not only vital that we recognize the history of this land, but also recognize that the Ohlone people are present members of Berkeley and other East Bay communities today. The City of Berkeley will continue to build relationships with the Lisjan Tribe and to create meaningful actions that uphold the intention of this land acknowledgement.

Ceremonial Matters:

1. Recognition of Alex Roshal, Retiring Building Official

2. Adjournment in memory of Al Wasserman, Berkeley resident City Manager Comments: None
Public Comment on Non-Agenda Matters: 6 speakers.

Action: M/S/C (Bartlett/Harrison) to accept an urgency item from Councilmember Bartlett pursuant to Government Code Section 54954.2(b)(2) entitled Resolution in Support and Reaffirm Support for Net Energy Metering.

Vote: All Ayes.

Public Comment on Consent Calendar and Information Items Only: 0 speakers.

Action: M/S/C (Arreguin/Hahn) to adopt the Consent Calendar in one motion except as indicated.

Vote: All Ayes.

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Consent Calendar
Tuesday, November 29, 2022 MINUTES Page 3
Urgent Item: Resolution in Support and Reaffirm Support for Net Energy Metering From: Councilmember Bartlett (Author), Councilmember Wengraf (Co-Sponsor), Councilmember Harrison (Co-Sponsor)
Recommendation: Send the enclosed Resolution in support of Net Energy Metering and transmit copies to Governor Gavin Newsom, State Senator Nancy Skinner, Assemblymember Buffy Wicks, and members of the California Public Utilities Commission Board (CPUC). The Proposed Decision (PD) issued by the CPUC on November 10, 2022, continues to threaten access to net energy metering and rooftop- scale solar and storage by homeowners and tenants alike, thus interfering with Berkeley’s and California’s climate action and equity goals.

Financial Implications: Staff time
Contact: Ben Bartlett, Councilmember, District 3, (510) 981-7130 Action: Mayor Arreguin added as a co-sponsor. Adopted Resolution No. 70,616–N.S.

1. Sewer and Access Road Easement and Installation Agreement with Paulonia Investment, LLC and Little Tree Investment, Inc.

From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,841-N.S. authorizing the City Manager to execute an easement and installation agreement and any amendments for sewer pipe facilities with Paulonia Investment, LLC and Little Tree Investment, Inc. for extending, operating, maintaining, and accessing sewer pipe facilities on parcel with APN 063-2969-034-23.

First Reading Vote: All Ayes.

Financial Implications: See report
Contact: Liam Garland, Public Works, (510) 981-6300
Action: Adopted second reading of Ordinance No. 7,841–N.S.

2. Sewer and Access Road Easement and Installation Agreement with James Robert Higgins
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,842-N.S. authorizing the City Manager to execute an easement and installation agreement and any amendments for sewer pipe facilities with James Robert Higgins for extending, operating, maintaining and accessing sewer pipe facilities on 1033 Miller Avenue (APN 063-2969-034-25).

First Reading Vote: All Ayes.

Financial Implications: See report
Contact: Liam Garland, Public Works, (510) 981-6300
Action: Adopted second reading of Ordinance No. 7,842–N.S.

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Consent Calendar
Tuesday, November 29, 2022 MINUTES Page 4

3. Sewer and Access Road Easement and Installation Agreement with Paulonia Investment, LLC and Little Tree Investment, Inc.

From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,843-N.S. authorizing the City Manager to execute an easement and installation agreement and any amendments for sewer pipe facilities with Paulonia Investment, LLC and Little Tree Investment, Inc. on parcel with APN: 063-2969-034-44 for accessing sewer pipe facilities.

First Reading Vote: All Ayes.

Financial Implications: See report
Contact: Liam Garland, Public Works, (510) 981-6300
Action: Adopted second reading of Ordinance No. 7,843–N.S.

4. Adopt an Ordinance Adding a Chapter 11.62 to the Berkeley Municipal Code to Regulate the Use of Carryout and Produce Bags and Promote the Use of Reusable Bags
From: Councilmember Harrison (Author), Councilmember Hahn (Author) Recommendation: Adopt second reading of Ordinance No. 7,844-N.S. adding a Chapter 11.62 to the Berkeley Municipal Code to regulate the use of carryout and produce bags and promote the use of reusable bags with a phased enforcement and implementation approach, effective with respect to new charges for bags pursuant to Sections 11.63.040 and 11.63.050 and provisions applicable to the City of Berkeley and City-sponsored events pursuant to Section 11.63.090 on January 1, 2023, and administrative regulations for and all provisions in this ordinance effective June 30, 2023.

First Reading Vote: All Ayes.

Financial Implications: Staff Time - $350,000 per year
Contact: Kate Harrison, Councilmember, District 4, (510) 981-7140 Action: Adopted second reading of Ordinance No. 7,844–N.S.

5. Resolution Making Required Findings Pursuant to the Government Code and Directing City Legislative Bodies to Continue to Meet Via Videoconference and Teleconference
From: City Manager
Recommendation: Adopt a Resolution making the required findings pursuant to Government Code Section 54953(e)(3) and determining that as a result of the continued threat to public health and safety posed by the spread of COVID-19, City legislative bodies shall continue to meet via videoconference and teleconference, initially ratified by the City Council on September 28, 2021, and subsequently reviewed and ratified on October 26, 2021, November 16, 2021, December 14, 2021, January 10, 2022, February 8, 2022, March 8, 2022, March 22, 2022, April 12, 2022, May 10, 2022, May 31, 2022, June 28, 2022, July 26, 2022, August 23, 2022, September 20, 2022, October 11, 2022, and November 3, 2022.

Financial Implications: To be determined
Contact: Farimah Brown, City Attorney, (510) 981-6950
Action: Adopted Resolution No. 70,617–N.S.

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Consent Calendar
Tuesday, November 29, 2022 MINUTES Page 5

6. Amend I-80 Gilman Interchange Improvement project funding agreement, Contract No. 42200065 (Agreement A22-0056) with Alameda County Transportation Commission (Alameda CTC)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to the existing Contract No. 42200065 (Agreement A22-0056) with Alameda CTC and any other amendments to fix drainage and grading issues for the future fire lane on 3rd Street between Gilman and Camelia Streets as part of the I-80 Gilman Interchange Improvement Project, increasing the amount of the agreement by $750,000, for a total not-to-exceed amount of $1,250,000.

Financial Implications: See report.

Contact: Liam Garland, Public Works, (510) 981-6300
Action: Adopted Resolution No. 70,618–N.S.

Council Consent Items

7. Budget Referral: Strawberry Creek Lodge Food Program From: Mayor Arreguin (Author), Councilmember Taplin (Author) Recommendation: Refer to the December 2022 Annual Appropriations Ordinance (AAO) budget process $50,000 for the Strawberry Creek Lodge Food Program.

Financial Implications: See report
Contact: Jesse Arreguin, Mayor, (510) 981-7100
Action: Approved recommendation.

8. Grant Approval: San Francisco Foundation to support the Equitable Black Berkeley Initiative
From: Mayor Arreguin (Author)
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to accept a $75,000 grant award from the San Francisco Foundation to renew the existing ideation facilitator contract supporting the Equitable Black Berkeley Initiative, a community-led process to develop a reparative approach to new development at the Ashby BART Station and Adeline Corridor, with the goal of maximizing affordability of new housing.

Financial Implications: See report
Contact: Jesse Arreguin, Mayor, (510) 981-7100
Action: Adopted Resolution No. 70,619–N.S.

9. Excused Absence for Councilmember Ben Bartlett
From: Mayor Arreguin (Author)
Recommendation: Excuse Councilmember Ben Bartlett from the September 29, 2022 Council meeting as a result of illness.

Financial Implications: None
Contact: Jesse Arreguin, Mayor, (510) 981-7100
Action: Approved recommendation.

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Action Calendar – Public Hearings
Tuesday, November 29, 2022 MINUTES Page 6

10. Renewal of the Solano Avenue BID for Calendar Year 2023 From: City Manager
Recommendation: Conduct a public hearing and, upon conclusion, adopt a Resolution confirming the Annual Report and Budget for the Solano Avenue Business Improvement District for 2022-2023 and, if no majority protest exists, levy annual assessments in the District for calendar year 2023 to finance services and improvements and authorize a fiscal agency contract for receipt and expenditure of District funds.

Financial Implications: See report
Contact: Eleanor Hollander, Economic Development, (510) 981-7530 Public Testimony: The Mayor opened the public hearing. 1 speaker.

M/S/C (Arreguin/Hahn) to close the public hearing.

Vote: All Ayes.

Action: M/S/C (Hahn/Robinson) to adopt Resolution No. 70,620–N.S.

Vote: All Ayes.

11. Referral Response: Amendments to the Sign Ordinance to Clarify Procedures and to Establish a Coordinated Sign Design Program, and Establish a New Fee for Coordinated Sign Design Programs
From: City Manager
Recommendation: Conduct a public hearing and, upon conclusion:

1. Adopt the first reading of an Ordinance amending the Berkeley Municipal Code (BMC) Title 20 [Signs] to clarify design review procedures for signs, establish an optional Coordinated Sign Design program, and amend Section 20.12.070 [Issuance authorized when] and Section 23.204.070B [Design Review – When required] to provide internal consistency; and

2. Adopt a Resolution amending Resolution No. 67,985-N.S., the Land Use Planning Fee schedule, to add a new Coordinated Sign Design Program Fee.

Financial Implications: See report
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Public Testimony: The Mayor opened the public hearing. 2 speakers.

M/S/C (Arreguin/Robinson) to close the public hearing.

Vote: All Ayes.

Action: M/S/C (Arreguin/Wengraf) to:

1. Adopt first reading of Ordinance No. 7,847–N.S. Second reading scheduled for December 13, 2022.

2. Adopt Resolution No. 70,621–N.S.

Vote: All Ayes.

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Action Calendar – Public Hearings
Tuesday, November 29, 2022 MINUTES Page 7

12. Adoption of Berkeley Building Codes, including Local Amendments to California Building Standards Code
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion adopt the second reading of Ordinance No. 7,839-N.S. repealing and reenacting the Berkeley Building, Residential, Electrical, Mechanical, Plumbing, Energy, and Green Building Standards Codes in Berkeley Municipal Code Chapters 19.28, 19.29, 19.30, 19.32, 19.34,

19.36 and 19.37, and adopting related procedural and stricter provisions.

First Reading Vote: All Ayes.

Financial Implications: See report
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Public Testimony: The Mayor opened the public hearing. 3 speakers.

M/S/C (Arreguin/Robinson) to close the public hearing.

Vote: All Ayes.

Action: M/S/C (Arreguin/Harrison) to adopt the second reading of Ordinance No. 7,839–N.S.

Vote: All Ayes.

13. Re-enactment of the Berkeley Housing Code; Repealing Chapter 12.48 and Repealing and Re-enacting Chapter 19.40
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion adopt the second reading of Ordinance No. 7,840-N.S. 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.

First Reading Vote: All Ayes.

Financial Implications: None
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Public Testimony: The Mayor opened the public hearing. 2 speakers.

M/S/C (Arreguin/Robinson) to close the public hearing.

Vote: All Ayes.

Action: M/S/C (Arreguin/Robinson) to adopt the second reading of Ordinance No. 7,840–N.S.

Vote: Ayes – Kesarwani, Bartlett, Harrison, Hahn, Wengraf, Robinson, Droste, Arreguin; Noes – None; Abstain – None; Absent – Taplin.

Councilmember Taplin absent 7:22 p.m. – 7:31 p.m.

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Action Calendar – New Business
Tuesday, November 29, 2022 MINUTES Page 8

14. Return to In-Person City Council Meetings and Status of Meetings of City Legislative Bodies
From: City Manager
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.

Financial Implications: See report
Contact: Mark Numainville, City Clerk, (510) 981-6900
Action: 5 speakers. The Council reviewed the public health procedures for in-person meetings and provided direction to require distancing on the dais and request information on the public health protocols in place for other legislative bodies in the region.

Recess 8:08 p.m. – 8:19 p.m.

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Action Calendar – New Business
Tuesday, November 29, 2022 MINUTES Page 9

15. Adeline Street at Ashby BART Conceptual Design
From: City Manager
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.

Financial Implications: See report
Contact: Liam Garland, Public Works, (510) 981-6300
Action: 17 speakers. M/S/C (Bartlett/Arreguin) to:
1) Adopt a revised 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 developing preliminary engineering concepts directed toward ensuring universal design and access for consideration by the public and the council, and subsequently detailed engineering design of the project including a podium connecting the retail spaces to the Adeline frontage.”
2) Request that staff consult with the Ed Roberts Campus and the Commission on Disability regarding universal design and access considerations. 3) Adopt Resolution No. 70,622–N.S. with an amended resolved clause to read:

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 concepts directed toward ensuring universal design and access for consideration by the public and the council, and subsequently 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, including a podium connecting the retail spaces to the Adeline frontage, pending identification of funding.

Vote: All Ayes.

Information Reports

16. Climate Action Plan and Resilience Update
From: City Manager
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: Referred to the Agenda & Rules Committee for future scheduling.

17. City Policies for Managing Parking Around BART Stations From: City Manager
Contact: Liam Garland, Public Works, (510) 981-6300
Action: Referred to the Agenda & Rules Committee for future scheduling.

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Information Reports
Tuesday, November 29, 2022 MINUTES Page 10

18. Fair Campaign Practices Commission FY2022-2023 Work Plan From: Fair Campaign Practices Commission
Contact: Sam Harvey, Commission Secretary, (510) 981-6950 Action: Received and filed.

19. Open Government Commission FY2022-2023 Work Plan
From: Open Government Commission
Contact: Sam Harvey, Commission Secretary, (510) 981-6950 Action: Received and filed.

Public Comment – Items Not Listed on the Agenda – 3 speakers.

Adjournment
Action: M/S/C (Arreguin/Robinson) to adjourn the meeting.

Vote: Ayes – Kesarwani, Taplin, Bartlett, Harrison, Hahn, Wengraf, Robinson, Arreguin; Noes – None; Abstain – None; Absent – Droste.

Adjourned at 10:16 p.m.

Communications
Item #15: Adeline Street at Ashby BART Conceptual Design

1. Ryan Lau, on behalf of the Alameda-Contra Costa Transit District No Right Turn on Red

2. Riti Dhesi

3. Ned Himmel

4. Laralynn and Joe Rapoza
Harriet Tubman Terrace Apartments

5. Darinxoso Oyamasela
Homelessness and Encampments

6. Friends of Five Creeks (3)

7. Craig Nagasaw

8. John Caner, Downtown Berkeley Associations

9. Susana Garcia
PCI Street Conditions

10.David Lerman (2)

11.Marna Braunstein Clark
Hopkins Street Corridor

12.Nancy Lewis

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Tuesday, November 29, 2022 MINUTES Page 11
26-Story Building in Central Berkeley

13.Dorothea Dorenz
EV Micro-Mobility Vehicles

14.Bernard Marszalek
Traffic Safety at Cedar and California

15.David Lerman
Bring Back Transit Bus 80

16.Jovanka Beckles
Berkeley Waterfront and Marina Area

17.Camille Antinori, David Fielder and Gordon Stout
Recruitment of Commissioners for the Commission on Aging

18.George Porter, Chair, Commission on Aging
Support for Repairs to La Pena Cultural Center

19.Natalia Neira and Tara Dalbo, Executive & Deputy Executive Director Illegal Dumping

20.Alice Rosenthal
Implement Ceasefire in Berkeley

21.Diana Bohn
People’s Park

22.Susana Lamaina

23.Joshua Hart

24.Susan Stevens

25.Sandra Morey

26.Norma Harrison
Cannabis Policy

27.Getting It Right From The Start
North Berkeley BART Developer Selection

28.John Parman

29.Peggy Radel
Berkeley Half Marathon Impacts

30.Alexander Merenkow
Climate Change

31.Vivian Warkentin

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Tuesday, November 29, 2022 MINUTES Page 12
Proposed Proclamation, in Honor of Barbara Ann White

32.Moni Law (2)
End the Eviction Moratorium

33.Jeannie Llewellyn

34.May Fong

35.Daniel Gonzalez
PRA Request

36.Nathan Mizell

37.Dee Williams-Ridley
Berkeley City Council Meeting Comment

38.Peter Goldman
Berkeley Police Department Superior Customer Service

39.Pauline Russo Cutter, Mayor of San Leandro
Golden Gate Fields Stable Code Violations

40.T. Conrad
Measure L

41.Jeffrey Heller
Housing Element

42.9 similarly-worded from letters
Supplemental Communications and Reports 1
 None
Supplemental Communications and Reports 2
Item #15: Adeline Street at Ashby BART Conceptual Design

43.Charles Siegel
Supplemental Communications and Reports 3
Item #8: Grant Approval: San Francisco Foundation to support the Equitable Black Berkeley Initiative

44.Toni Mester
Item 10: Renewal of the Solano Avenue BID for Calendar Year 2023

45.Todd Andrews
Item #15: Adeline Street at Ashby BART Conceptual Design

46.Presentation, submitted by Public Works

47.T. Michai Freeman

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Tuesday, November 29, 2022 MINUTES Page 13
Urgent Item
Resolution in Support and Reaffirm Support for net Energy Metering

48.Urgent item, submitted by Councilmember Bartlett

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Tuesday, December 6, 2022 MINUTES Page 1

MINUTES

BERKELEY CITY COUNCIL MEETING
Tuesday, December 6, 2022
6:00 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702

JESSE ARREGUIN, MAYOR
Councilmembers:

DISTRICT 1 – RASHI KESARWANI DISTRICT 5 – SOPHIE HAHN
DISTRICT 2 – TERRY TAPLIN DISTRICT 6 – SUSAN WENGRAF
DISTRICT 3 – BEN BARTLETT DISTRICT 7 – RIGEL ROBINSON
DISTRICT 4 – KATE HARRISON DISTRICT 8 – LORI DROSTE
PUBLIC ADVISORY: THIS MEETING WILL BE CONDUCTED IN A HYBRID MODEL WITH BOTH IN-PERSON

ATTENDANCE AND VIRTUAL PARTICIPATION
For in-person attendees, additional public health protocols will be in place. If you are feeling sick, please do not attend in person.

Live captioned broadcasts of Council Meetings are available on Cable B-TV (Channel 33) and via internet accessible video stream at http://berkeley.granicus.com/MediaPlayer.php?publish_id=1244.

To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device: Please use this URL https://us02web.zoom.us/j/84189893148. If you do not wish for your name to appear on the screen, then use the drop down menu and click on "rename" to rename yourself to be anonymous. To request to speak, use the “raise hand” icon by rolling over the bottom of the screen.

To join by phone: Dial 1-669-900-9128 or 1-877-853-5257 (Toll Free) and enter Meeting ID: 841 8989 3148 . If you wish to comment during the public comment portion of the agenda, Press *9 and wait to be recognized by the Chair.

Please be mindful that the meeting will be recorded and all rules of procedure and decorum apply for in-person attendees and those participating by teleconference or videoconference.

To submit a written communication for the City Council’s consideration and inclusion in the public record, email [email protected].

This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953. Any member of the public may attend this meeting. Questions regarding this matter may be addressed to Mark Numainville, City Clerk, (510) 981-6900. The City Council may take action related to any subject listed on the Agenda. Meetings will adjourn at 11:00 p.m. - any items outstanding at that time will be carried over to a date/time to be specified.

Attachment 8

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Tuesday, December 6, 2022 MINUTES Page 2
Preliminary Matters
Roll Call: 6:05 p.m.

Present: Kesarwani, Taplin, Harrison, Hahn, Wengraf, Robinson, Droste, Arreguin

Absent: Bartlett
Councilmember Bartlett present at 6:07 p.m.

Land Acknowledgement Statement: The City of Berkeley recognizes that the community we live in was built on the territory of xučyun (Huchiun (Hooch-yoon)), the ancestral and unceded land of the Chochenyo (Cho-chen-yo)-speaking Ohlone (Oh-low-nee) people, the ancestors and descendants of the sovereign Verona Band of Alameda County. This land was and continues to be of great importance to all of the Ohlone Tribes and descendants of the Verona Band. As we begin our meeting tonight, we acknowledge and honor the original inhabitants of Berkeley, the documented 5,000-year history of a vibrant community at the West Berkeley Shellmound, and the Ohlone people who continue to reside in the East Bay. We recognize that Berkeley’s residents have and continue to benefit from the use and occupation of this unceded stolen land since the City of Berkeley’s incorporation in 1878. As stewards of the laws regulating the City of Berkeley, it is not only vital that we recognize the history of this land, but also recognize that the Ohlone people are present members of Berkeley and other East Bay communities today. The City of Berkeley will continue to build relationships with the Lisjan Tribe and to create meaningful actions that uphold the intention of this land acknowledgement.

Ceremonial Matters:

1. Recognition of Lori Droste, Councilmember, District 8 City Manager Comments:

The City Manager presented the Homeless Response Team Data and Progress Report Public Comment on Non-Agenda Matters: 5 speakers.

Consent Calendar
Public Comment on Consent Calendar and Information Items Only: 14 speakers.

Action: M/S/C (Arreguin/Kesarwani) to adopt the Consent Calendar in one motion except as indicated.

Vote: All Ayes.

1. Urgency Ordinance for Leasing the Real Property at 1720 San Pablo Avenue From: City Manager
Recommendation: Adopt an Urgency Ordinance to enter into a lease for the real property located at 1720 San Pablo Avenue, Berkeley, CA for a term of 5 years.

Financial Implications: See report
Contact: Peter Radu, City Manager's Office, (510) 981-7000 Action: Adopted Urgency Ordinance No. 7,848–N.S. as revised in Supplemental Communications Packet #1 by the City Manager’s Office.

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Consent Calendar
Tuesday, December 6, 2022 MINUTES Page 3

2. Amend Contract No. 32100161 with Dorothy Day House to extend Horizon Village Shelter and Safe RV Parking Program operations
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32100161 with Dorothy Day House (DDH) to add $612,559 to cover costs to extend the Safe RV Parking Program (SPARK) through December 31, 2022 and costs to operate the Horizon Village Shelter (HVS) from October 1, 2022 through June 30, 2023 (including the Berkeley Inn from December 7, 2022 through June 30, 2022), for a total contact amount not to exceed $2,270,177.

Financial Implications: See report
Contact: Peter Radu, City Manager's Office, (510) 981-7000 Action: Adopted Resolution No. 70,623–N.S.

3. Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on December 6, 2022
From: City Manager
Recommendation: Approve the request for proposals or invitation for bids (attached to staff report) that will be, or are planned to be, issued upon final approval by the requesting department or division. All contracts over the City Manager’s threshold will be returned to Council for final approval.

Financial Implications: Various Funds - $2,581,000
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Approved recommendation.

4. Classification and Salary: ADA Program Coordinator
From: City Manager
Recommendation: Adopt a Resolution revising the represented classification Disability Services Specialist to ADA Program Coordinator with a monthly salary range of $9,231.73 - $11,162.67.

Financial Implications: See report
Contact: Aram Kouyoumdjian, Human Resources, (510) 981-6800 Action: Adopted Resolution No. 70,624–N.S.

5. Donation: Memorial Bench at Cesar Chavez Park in memory of Linda Loh From: City Manager
Recommendation: Adopt a Resolution accepting a cash donation in the amount of $3,400 for a memorial bench to be placed at Cesar Chavez Park in memory of Linda Loh.

Financial Implications: Marina Fund - $3,400 (Donation) Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 70,625–N.S.

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Council Consent Items
Tuesday, December 6, 2022 MINUTES Page 4

6. Office of Racial Equity: Re-Entry Employment and Guaranteed Income Programs (Reviewed by the Health, Life Enrichment, Equity & Community Committee)
From: Councilmember Taplin (Author), Councilmember Harrison (Co-Sponsor), Councilmember Hahn (Co-Sponsor), Councilmember Robinson (Co-Sponsor) Recommendation:

1. Refer to the City Manager to Strengthen Adult Criminal Justice Re-Entry Employment Programs in Berkeley by studying re-entry programs, supports, and systems already available for Berkeley residents, strengthening linkages, and identifying gaps. Report findings back to the Health, Life Enrichment, Equity & Community Committee during 2023.

2. Refer $50,000 to the Budget Process to engage a consultant to recommend a Universal Income Pilot for Berkeley. Recommendation to include evaluation of: - Potential funding sources; -Appropriate and recommended models for Berkeley; - Target population(s) to be supported by Pilot; -Program delivery models; -Evaluation; -Any and all other elements/factors to establish an effective Universal Income Pilot for Berkeley.

Considerations for target populations may include local Equity Indicators measuring racial justice and social equity outcomes such as poverty and financial health, educational disparities, environmental and mental health, housing quality, infrastructure, and public safety.

3. Refer to the City Manager to establish evaluation processes and metrics for all social services programs recommended through the Reimaging Public Safety Process, including but not limited to violence prevention services, adult reentry programs, and mental health crisis response, and report evaluation outcome to the City Council.

Policy Committee Recommendation: To forward the item to Council with a positive recommendation that the City Council approve the item with the Author’s substitute recommendations (as detailed in the report).

Financial Implications: See report
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120 Action: Approved recommendation as recommended by the Health, Life Enrichment, Equity & Community Committee.

Recess 8:47 p.m. – 8:57 p.m.

7. Update on BPD efforts related to the Improving Hate Crimes Reporting and Response Referral (Continued from November 15, 2022)
From: City Manager
Contact: Jennifer Louis, Police, (510) 981-5900
Action: 3 speakers. Presentation made and discussion held.

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Action Calendar – Public Hearings
Tuesday, December 6, 2022 MINUTES Page 5
Action Calendar – Public Hearings

8. Renewal of the Elmwood Avenue BID for Calendar Year 2023 From: City Manager
Recommendation: Conduct a public hearing and, upon conclusion, adopt a Resolution confirming the Annual Report and Budget for the Elmwood Business Improvement District (hereafter, “the District”, “the Elmwood BID” or “the BID”) for 2022-23 and, if no majority protest exists, levy annual assessments in the District for calendar year 2023 to finance services and improvements and authorize a fiscal agency contract with Elmwood Business Association for receipt and expenditure of District funds.

Financial Implications: See report
Contact: Eleanor Hollander, Economic Development, (510) 981-7530 Public Testimony: The Mayor opened the public hearing. 0 speakers.

M/S/C (Arreguin/Droste) to close the public hearing.

Vote: All Ayes.

Action: M/S/C (Droste/Wengraf) to adopt Resolution No. 70,626–N.S.

Vote: All Ayes.

9. Adoption of the 2022 California Fire Code with Local Amendments – Second Reading
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion adopt the second reading of Ordinance No. 7,845-N.S. repealing and reenacting the Berkeley Fire Code, including amendments to the California Fire Code as outlined in the proposed ordinance, plus Appendix Chapters D, E, F, L (as amended by BMC 19.48.020, Amendments to the California Fire Code) and O published by the International Code Council not included in the California Building Standards Code, as Berkeley Municipal Code Chapter 19.48.

First Reading Vote: All Ayes.

Financial Implications: See report
Contact: David Sprague, Fire, (510) 981-3473
Public Testimony: The Mayor opened the public hearing. 0 speakers.

M/S/C (Arreguin/Wengraf) to close the public hearing.

Vote: All Ayes.

Action: M/S/C (Wengraf/Harrison) to adopt the second reading of Ordinance No. 7,845-N.S.

Vote: All Ayes.

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Action Calendar – Public Hearings
Tuesday, December 6, 2022 MINUTES Page 6

10. Citywide Affordable Housing Requirements
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion:

1. Adopt first reading of an Ordinance to amend the Berkeley Municipal Code Chapter 23.328, updating the citywide Affordable Housing Requirements (AHR) in the Zoning Ordinance and repealing existing administration and zoning code sections that refer to affordable housing requirements, BMC Section 22.20.065, and Section 23.312.040(A)(6), to become effective on April 1, 2023.

2. Adopt a Resolution establishing regulations for a voucher program and establishing an in-lieu fee pursuant to BMC Section 23.328.020(A)(2) (Attachment 2) upon the effective date of contemporaneously adopted amendments to BMC Section

23.328, and rescind Resolution No. 68,074-N.S. related to fees, exemptions, and administration of inclusionary affordable housing and in-lieu programs upon the effective date of contemporaneously adopted amendments to BMC Section 23.328.

Financial Implications: See report
Contact: Jordan Klein, Planning and Development, (510) 981-7400, Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Item 10 removed from the agenda by the City Manager.

Information Reports

11. FY 2022 Fourth Quarter Investment Report: Ended June 30, 2022 From: City Manager
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Received and filed.

Public Comment – Items Not Listed on the Agenda - 2 speakers.

Adjournment
Action: M/S/C (Arreguin/Droste) to adjourn the meeting.

Vote: All Ayes.

Adjourned at 9:36 p.m.

Communications
Homelessness/Encampments

1. Pamela Michaud

2. Mike Kim (3)

3. Justin Shapiro

4. Peter Radu (2)

5. Ron Restani
Property Crime Is On The Rise

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Tuesday, December 6, 2022 MINUTES Page 7

6. Jordan Sax
CalPERS Funding for City of Berkeley

7. Geoff Lomax
Harriet Tubman Terrace Apartments

8. Daxinxoso Oyamasela

9. M. Mendonca
People’s Park

10.Susanna Lamaina

11.Wynd Kaufmyn

12.Jacob Picheny
North Berkeley BART Development

13.Sue Martin

14.Virginia Browning

15.Vicki
Staffing Shortage at City of Berkeley

16.David Lerman
EV Scooter Hazards - Being Ridden On Sidewalk

17.Kathleen Krier
E-Bike Rebate

18.Edwin Bish
Berkeley Police Department Culture

19.Diana Bohn
Measure L

20.Krista Denton

21.Robert Reiter
Letter of Commendation for an Ecology Employee

22.Mary McBride
Eviction Moratorium

23.Carol Curtis
Most Future-Ready Cities

24.Vivian Warkentin
Supplemental Communications and Reports 1

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Tuesday, December 6, 2022 MINUTES Page 8
Item #1: Urgency Ordinance for Leasing the Real Property at 1720 San Pablo Avenue

25.Supplemental material, submitted by the City Manager’s Office Item #10: Citywide Affordable Housing Requirements

26.Supplemental material, submitted from Planning and Development Supplemental Communications and Reports 2
Item #1: Urgency Ordinance for Leasing the Real Property at 1720 San Pablo Avenue

27.Meryl Siegal

28.Aimee Baldwin
Item #2: Amend Contract No. 32100161 with Dorothy Day House to extend Horizon Village Shelter and Safe RV Parking Program operations

29.Elana Auerbach
Item #6: Office of Racial Equity: Re-Entry Employment and Guaranteed Income

30.Lorenzo Grayson
Supplemental Communications and Reports 3
City Manager Comments

31.Presentation “Homeless Response Team Update”, submitted by the City Manager’s Office
Item #1: Urgency Ordinance for Leasing the Real Property at 1720 San Pablo Avenue

32.Acacia Schmidt

33.Beth Gerstein, on behalf of Councilmember Kesarwani

34.Meryl Siegal

35.Hans Ashlock

36.Toni Mester
Item #6: Office of Racial Equity: Re-Entry Employment and Guaranteed Income

37.Tom Lent

38.Igor Tregub, on behalf of the Sierra Club

39.Igor Tregub, on behalf of the Alameda County Democratic Party

40.Ayanna Davis

41.Maryann O’Sullivan
Item #7: Update on BPD efforts related to the Improving Hate Crimes Reporting and Response Referral

42.Presentation, submitted by the Police Department
Item #10: Citywide Affordable Housing Requirements

43.Toni Mester (2)

44.Janis Ching

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Monday, December 12, 2022 MINUTES Page 1

B E R K E L E Y C I T Y C O U N C I L

S P E C I A L M E E T I N G M I N U T E S
MONDAY, DECEMBER 12, 2022
3:00 P.M.

JESSE ARREGUIN, MAYOR
Councilmembers:

VIDEOCONFERENCE AND TELECONFERENCE
Pursuant to Government Code Section 54953(e) and the state declared emergency, this meeting of the City Council will be conducted exclusively through teleconference and Zoom videoconference. The COVID- 19 state of emergency continues to directly impact the ability of the members to meet safely in person and presents imminent risks to the health of attendees. Therefore, no physical meeting location will be available.

To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device: Please use this URL https://us02web.zoom.us/j/86583999676. If you do not wish for your name to appear on the screen, then use the drop down menu and click on "rename" to rename yourself to be anonymous. To request to speak, use the “raise hand” icon by rolling over the bottom of the screen.

To join by phone: Dial 1-669-900-9128 or 1-877-853-5257 (Toll Free); enter Meeting ID: 865 8399 9676.

If you wish to comment during the public comment portion of the agenda, Press *9 and wait to be recognized by the Chair.

To submit a written communication for the City Council’s consideration and inclusion in the public record, email [email protected].

Attachment 9

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Monday, December 12, 2022 MINUTES Page 2
Preliminary Matters
Roll Call: 3:08 p.m.

Present: Kesarwani, Taplin, Bartlett, Hahn, Wengraf, Robinson, Humbert, Arreguin

Absent: Harrison
Public Comment - Limited to items on this agenda only – 1 speaker CLOSED SESSION:

The City Council will convene in closed session to meet concerning the following:

1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(1):
a. Schmier v. City of Berkeley, Alameda County Superior Court Case No. RG19036596 Action: No reportable action taken.

2. CONFERENCE WITH LABOR NEGOTIATORS; GOVERNMENT CODE SECTION 54957.6
Negotiators: Dee Williams-Ridley, City Manager, Paul Buddenhagen, Deputy City Manager, LaTanya Bellow, Deputy City Manager, Aram Kouyoumdjian, Human Resources Director, Dawud Brewer, Employee Relations Manager.

Employee Organizations: Berkeley Fire Fighters Association Local 1227, Berkeley Fire Fighters Association, Local 1227 I.A.F.F. / Berkeley Chief Fire Officers Association; International Brotherhood of Electrical Workers (IBEW), Local 1245, SEIU 1021 Community Services and Part-time Recreation Activity Leaders, SEIU 1021 Maintenance and Clerical, Public Employees Union Local 1, Unrepresented Employees, Berkeley Police Association.

Action: No reportable action taken.

OPEN SESSION:

No reportable action taken.

Adjournment
Action: M/S/C (Arreguin/Wengraf) to adjourn the meeting.

Vote: Ayes - Kesarwani, Taplin, Bartlett, Hahn, Wengraf, Robinson, Humbert, Arreguin; Noes – None; Abstain – None; Absent – Harrison.

Adjourned at 4:08 p.m.

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Monday, December 12, 2022 MINUTES Page 3
I hereby certify that the foregoing is a true and correct record of the City Council special meeting held on December 12, 2022.
________________________
Mark Numainville, City Clerk

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Tuesday, December 13, 2022 MINUTES Page 1

M I N U T E S

S P E C I A L M E E T I N G O F T H E

B E R K E L E Y C I T Y C O U N C I L
Tuesday, December 13, 2022
5:00 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702

JESSE ARREGUIN, MAYOR
Councilmembers:

Live captioned broadcasts of Council Meetings are available on Cable B-TV (Channel 33) and via internet accessible video stream at http://berkeley.granicus.com/MediaPlayer.php?publish_id=1244.

To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device: Please use this URL https://us02web.zoom.us/j/81885763338. If you do not wish for your name to appear on the screen, then use the drop down menu and click on "rename" to rename yourself to be anonymous. To request to speak, use the “raise hand” icon by rolling over the bottom of the screen.

To join by phone: Dial 1-669-900-9128 or 1-877-853-5257 (Toll Free) and enter Meeting ID: 818 8576 3338 . If you wish to comment during the public comment portion of the agenda, Press *9 and wait to be recognized by the Chair.

Please be mindful that the meeting will be recorded and all rules of procedure and decorum apply for in-person attendees and those participating by teleconference or videoconference.

To submit a written communication for the City Council’s consideration and inclusion in the public record, email [email protected].

This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953. Any member of the public may attend this meeting. Questions regarding this matter may be addressed to Mark Numainville, City Clerk, (510) 981-6900. The City Council may take action related to any subject listed on the Agenda. Meetings will adjourn at 11:00 p.m. - any items outstanding at that time will be carried over to a date/time to be specified.

Attachment 10

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Tuesday, December 13, 2022 MINUTES Page 2
Preliminary Matters
Roll Call: 5:16 p.m.

Present: Kesarwani, Taplin, Bartlett, Harrison, Hahn, Wengraf, Robinson, Humbert, Arreguin

Absent: None.

Consent Calendar
Public Comment on Consent Calendar and Information Items Only: 9 speakers.

Action: M/S/C (Arreguin/Robinson) to adopt the Consent Calendar in one motion except as indicated.

Vote: All Ayes.

Consent Calendar

1. Confirming the Results of the November 8, 2022, General Municipal Election From: City Manager
Recommendation:

1. Adopt a Resolution: a) Confirming the results of the November 8, 2022, General Municipal Election; and b) Declaring the passage of Measure M – Vacancy Tax, and Measure N – Article 34 Low-Income Housing.

2. Adopt an Ordinance amending the Berkeley Municipal Code to incorporate the passage of Measure M – Vacancy Tax.

3. Adopt a Resolution codifying the text of Measure N – Article 34 Low-Income Housing.

Financial Implications: None
Contact: Mark Numainville, City Clerk, (510) 981-6900
Action: 1. Adopted Resolution No. 70,627–N.S. (Confirm Results); 2. Adopted Ordinance No. 7,849-N.S. (Measure M - Vacancy Tax); 3. Adopted Resolution No. 70,628–N.S. (Measure N - Article 34 Low-Income Housing).

2. Grant Contracts with the State Coastal Conservancy to receive the FY2022 State Budget Allocation of $15 Million for improvement projects at the Berkeley Waterfront
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute grant contracts with the State Coastal Conservancy (SCC) to receive the FY2022 State Budget Allocation of $15 Million for improvement projects at the Berkeley Waterfront for the following projects: 1. Dredging of the Marina Main Channel, 2.

Replacement of D and E Dock system, 3. Improvements to Cesar Chavez Park Pathways, 4. Improvements to the South Cove West Parking Lot, and 5.

Environmental Review and Design of the Pier-Ferry Project.

Financial Implications: $15 million in revenue.

Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 70,629–N.S.

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Council Consent Items
Tuesday, December 13, 2022 MINUTES Page 3

3. City Council Committee and Regional Body Appointments From: Mayor Arreguin (Author)
Recommendation: Adopt a Resolution approving the appointment of Council representatives to City Council Standing Policy Committees, Partnership Committees, Regional Bodies and Liaisons to City Boards and Commissions for a term ending on January 31, 2024 or until new appointments are made.

Financial Implications: None
Contact: Jesse Arreguin, Mayor, 981-7100
Action: Adopted Resolution No. 70,630–N.S. amended to appoint Councilmember Kesarwani to the Public Safety Committee and appoint Councilmember Humbert to the Health, Life Enrichment, Equity & Community Committee, and appoint Councilmember Hahn as the Alternate to ABAG.

4. Appointment of the Vice-President of the Council
From: Mayor Arreguin (Author)
Recommendation: Adopt a Resolution appointing Councilmember Ben Bartlett to be the Vice-President of the Council for a term beginning December 14, 2022 to December 5, 2023 and Councilmember Susan Wengraf to be the Vice President of the Council for a term beginning December 6, 2023 to December 1, 2024 or until new appointments are made.

Financial Implications: None
Contact: Jesse Arreguin, Mayor, 981-7100
Action: Adopted Resolution No. 70,631–N.S.

5. Seating Arrangements for Councilmembers during City Council Meetings From: Mayor Arreguin (Author)
Recommendation: Adopt a Resolution rescinding Resolution No. 70,202–N.S. and changing the seating placement of City Councilmembers on the dais to accommodate the newly-elected councilmember and newly appointed Vice-Mayor, as follows (From left to right, facing the dais): Humbert, Kesarwani, Harrison, Bartlett, Arreguin, Wengraf, Hahn, Robinson, Taplin.

Financial Implications: None
Contact: Jesse Arreguin, Mayor, 981-7100
Action: Adopted Resolution No. 70,632–N.S.

Adjournment
Action: M/S/C (Arreguin/Robinson) to adjourn the meeting.

Vote: All Ayes.

Adjourned at 5:46 p.m.

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Communications
Item #2: Grant Contracts with the State Coastal Conservancy to receive the FY2022 State Budget Allocation of $15 Million for improvement projects at the Berkeley Waterfront

1. Camille Antinori (2)
Supplemental Communications and Reports 1
 None
Supplemental Communications and Reports 2
 None
Supplemental Communications and Reports 3
Item #2: Grant Contracts with the State Conservancy to receive the FY2022 State Budget Allocation of $15 Million for improvement projects at the Berkeley Waterfront

2. James McGrath

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Tuesday, December 13, 2022 MINUTES Page 1

MINUTES

BERKELEY CITY COUNCIL MEETING
Tuesday, December 13, 2022
6:00 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702

JESSE ARREGUIN, MAYOR
Councilmembers:

Live captioned broadcasts of Council Meetings are available on Cable B-TV (Channel 33) and via internet accessible video stream at http://berkeley.granicus.com/MediaPlayer.php?publish_id=1244.

To join by phone: Dial 1-669-900-9128 or 1-877-853-5257 (Toll Free) and enter Meeting ID: 818 8576 3338. If you wish to comment during the public comment portion of the agenda, Press *9 and wait to be recognized by the Chair.

Please be mindful that the meeting will be recorded and all rules of procedure and decorum apply for in-person attendees and those participating by teleconference or videoconference.

To submit a written communication for the City Council’s consideration and inclusion in the public record, email [email protected].

This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953. Any member of the public may attend this meeting. Questions regarding this matter may be addressed to Mark Numainville, City Clerk, (510) 981-6900. The City Council may take action related to any subject listed on the Agenda. Meetings will adjourn at 11:00 p.m. - any items outstanding at that time will be carried over to a date/time to be specified.

Attachment 11

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Tuesday, December 13, 2022 MINUTES Page 2
Preliminary Matters
Roll Call: 6:08 p.m.

Present: Kesarwani, Taplin, Bartlett, Harrison, Hahn, Wengraf, Robinson, Humbert, Arreguin

Absent: None
Land Acknowledgement Statement: The City of Berkeley recognizes that the community we live in was built on the territory of xučyun (Huchiun (Hooch-yoon)), the ancestral and unceded land of the Chochenyo (Cho-chen-yo)-speaking Ohlone (Oh-low-nee) people, the ancestors and descendants of the sovereign Verona Band of Alameda County. This land was and continues to be of great importance to all of the Ohlone Tribes and descendants of the Verona Band. As we begin our meeting tonight, we acknowledge and honor the original inhabitants of Berkeley, the documented 5,000-year history of a vibrant community at the West Berkeley Shellmound, and the Ohlone people who continue to reside in the East Bay. We recognize that Berkeley’s residents have and continue to benefit from the use and occupation of this unceded stolen land since the City of Berkeley’s incorporation in 1878. As stewards of the laws regulating the City of Berkeley, it is not only vital that we recognize the history of this land, but also recognize that the Ohlone people are present members of Berkeley and other East Bay communities today. The City of Berkeley will continue to build relationships with the Lisjan Tribe and to create meaningful actions that uphold the intention of this land acknowledgement.

Ceremonial Matters:

1. Swearing in of City Auditor and Councilmembers elected in the 2022 municipal election

2. Recognition of the 50 th Year of the Zero Waste Commission

3. Adjourned in memory of Samuel Lepie Hallward, Berkeley Middle School Student

4. Yakov Harari, Berkeley Resident

5. Recognition of Councilmember Harrison’s service as Vice Mayor

6. Recognition of Paul Buddenhagen, Deputy City Manager City Manager Comments:

The City Manager gave a presentation on the workforce analysis and employer of choice program Public Comment on Non-Agenda Matters: 8 speakers.

Action: M/S/C (Arreguin/Hahn) to accept an urgency item from Councilmember Hahn pursuant to Government Code Section 54954.2(b)(2) entitled Letter in support of seating Cherokee Nation Delegate to the US House of Representatives.

Vote: All Ayes.

Public Comment on Consent Calendar and Information Items Only: 6 speakers.

Action: M/S/C (Arreguin/Taplin) to adopt the Consent Calendar in one motion except as indicated.

Vote: All Ayes.

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Urgency Item: Letter in support of seating Cherokee Nation Delegate to the US House of Representatives
From: Councilmember Hahn (Author)
Recommendation: Send a letter to Speaker of the House Nancy Pelosi, Minority Leader Kevin McCarthy, and Rep. Barbara Lee, urging the US House of Representatives to honor the Treaty of New Echota and seat the official delegate nominated by the Cherokee Nation.

Financial Implications: None
Contact: Sophie Hahn, Councilmember, District 5, (510) 981-7150 Action: Councilmember Taplin added as a co-sponsor. Approved recommendation.

1. Fair Workweek Ordinance; Adding Berkeley Municipal Code Chapter 13.102 From: Commission on Labor
Recommendation: Adopt second reading of Ordinance No. 7,846-N.S., the proposed Fair Workweek Ordinance, adding Berkeley Municipal Code Chapter

13.102.

First Reading Vote: Ayes – Kesarwani, Taplin, Bartlett, Harrison, Hahn, Robinson, Arreguin; Noes – None; Abstain – None; Absent – Wengraf, Droste.

Financial Implications: See report
Contact: Margot Ernst, Commission Secretary, (510) 981-5400 Action: Adopted second reading of Ordinance No. 7,846–N.S.

2. Referral Response: Amendments to the Sign Ordinance to Clarify Procedures and to Establish a Coordinated Sign Design Program, Amending BMC Titles 20 and 23, and Establish a New Fee for Coordinated Sign Design Programs From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,847-N.S. amending the Berkeley Municipal Code (BMC) Title 20 [Signs] to clarify design review procedures for signs, establish an optional Coordinated Sign Design program, and amend Section 20.12.070 [Issuance authorized when] and Section 23.204.070B [Design Review – When required] to provide internal consistency.

First Reading Vote: All Ayes.

Financial Implications: See report
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: Adopted second reading of Ordinance No. 7,847–N.S.

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Financial Implications: To be determined
Contact: Farimah Brown, City Attorney, (510) 981-6950
Action: Adopted Resolution No. 70,633–N.S.

Financial Implications: To be determined
Contact: Farimah Brown, City Attorney, (510) 981-6950
Action: Adopted Resolution No. 70,634–N.S.

5. Waiver of the Sanctuary City Contracting Ordinance’s Requirements for AG Witt, LLC Contract
From: City Manager
Recommendation: Adopt a Resolution approving a waiver of the Sanctuary City Contracting ordinance’s requirements for the City’s FEMA Cost-Recovery Contract with AG Witt LLC.

Financial Implications: See report
Contact: Farimah Brown, City Attorney, (510) 981-6950
Action: Adopted Resolution No. 70,635–N.S.

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6. City of Berkeley 2023 State and Federal Legislative Platform From: City Manager
Recommendation: Adopt a Resolution approving the City of Berkeley's State and Federal Legislative Platform
Financial Implications: See report
Contact: Sharon Friedrichsen, Budget Manager, (510) 981-7000 Action: Adopted Resolution No. 70,636–N.S. as amended in Supplemental Communications Packet #1 from City Manager’s Office, and further amended to add “residential decarbonization” in the section regarding soft story retrofits.

7. Adopt a Resolution Authorizing the City Manager to Execute a License Agreement with East Bay Community Energy for Electric Vehicle Fast Charging Stations on Municipal Property
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or their designee to execute a Master Site License Agreement with East Bay Community Energy (EBCE) for the installation and operation of publicly-available electric vehicle (EV) direct current fast charging stations on municipal property.

Financial Implications: See report
Contact: Paul Buddenhagen, City Manager's Office, (510) 981-7000 Action: Adopted Resolution No. 70,637–N.S.

8. Interactive Kiosk Experience (IKE) Smart City Kiosk Locations, Phase Two From: City Manager
Recommendation: Adopt a Resolution, pursuant to Ordinance No. 7,626-N.S.

Franchise Agreement with IKE Smart City, LLC approving 22 locations for the second phase of deployment of IKE Smart City Kiosks in Berkeley.

Financial Implications: See report
Contact: Eleanor Hollander, Economic Development, (510) 981-7530 Action: Adopted Resolution No. 70,638–N.S.

Vote: Ayes – Kesarwani, Taplin, Bartlett, Harrison, Wengraf, Robinson, Humbert, Arreguin; Noes – Hahn.

9. Contract: Berkeley Fire Medical Director
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments, with Herbert Gene Hern, MD to serve as the Berkeley Fire Medical Director for five years from July 1, 2022 until June 30, 2027 in the amount not to exceed $400,000.

Financial Implications: See Report
Contact: David Sprague, Fire, (510) 981-3473
Action: Adopted Resolution No. 70,639–N.S.

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10. Contract: Statewide Prevention and Early Intervention Project FY2023 Participation Agreement – California Mental Health Services Authority From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to enter into a Participation Agreement for FY2023 and any amendments with the California Mental Health Services Authority (CalMHSA) to allocate Mental Health Services Act (MHSA) funds in the amount of $70,907 to participate in the Statewide Prevention and Early Intervention (PEI) Project, for a total amount not to exceed $70,907 through June 30, 2023.

Financial Implications: Mental Health Services Act Fund - $70,907 Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 70,640–N.S.

11. Contract: Resource Development Associates Specialized Care Unit and Community Crisis Response Services Program Evaluation
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Resource Development Associates (Contractor) to design and implement an evaluation for program effectiveness of the Specialized Care Unit and Community Crisis Response Services (Bridge Services). Services will begin on January 1, 2023 and extend to June 30, 2025 in an amount not to exceed $150,000.

Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 70,641–N.S.

12. Contract: Bonita House for Specialized Care Unit Provider From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Bonita House (Contractor) to implement Berkeley’s Specialized Care Unit for a two-year pilot. Services will begin on February 1, 2023 and extend to January 30, 2025 in an amount not to exceed $4,500,000.

Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 70,642–N.S.

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13. Reserving Predevelopment Funds for the Development of Affordable Housing at the North Berkeley BART Station
From: City Manager
Recommendation: Adopt a Resolution: 1. Reserving $500,000 for the selected development team to support the development of affordable housing at the North Berkeley BART site, contingent on the team’s selection and approval by the BART Board at its December 1, 2022 meeting, and the team’s timely submission of a completed predevelopment application demonstrating they meet the City’s funding criteria. 2. Authorizing the City Manager to execute all original or amended documents or agreements to effectuate this action.

Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 70,643–N.S.

14. Contract: California Constructores for Ohlone Park (East) Playground Replacement and Site Improvements Project
From: City Manager
Recommendation: Adopt a Resolution: 1. Approving the plans and specifications for the Ohlone Park (East) Playground Replacement and Site Improvements Project; and 2. Accepting the bid of the lowest responsive and responsible bidder, California Constructores; and 3. Authorizing the City Manager to execute a contract and any amendments, extensions or other change orders until completion of the project in accordance with the approved plans and specifications, with California Constructores, for the Ohlone Park (East) Playground Replacement and Site Improvements Project at 1933 Hearst Avenue, in an amount not to exceed $1,120,344 which includes a contract amount of $933,620 and a 20% contingency in the amount of $186,724.

Financial Implications: Various Funds - $1,120,344
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 70,644–N.S.

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15. Contracts: Consultants for On-Call Transportation Planning Services From: City Manager
Recommendation: Adopt five Resolutions authorizing the City Manager to execute individual contracts and any amendments, each for the period January 1, 2023 through June 30, 2028 for a total amount of all contracts not to exceed $5,000,000 with the following consultants for On-call Transportation Planning Services:

1. Alta Planning + Design, Inc. for an amount not to exceed $$1,000,000.

2. Community Design + Architecture for an amount not to exceed $1,000,000.

3. Fehr & Peers for an amount not to exceed $1,000,000.

4. NN Engineering, Inc. for an amount not to exceed $1,000,000

5. Toole Design Group, LLC for an amount not to exceed $1,000,000.

Financial Implications: See report
Contact: Liam Garland, Public Works, (510) 981-6300
Action: Adopted Resolution No. 70,645–N.S. (Alta Planning); Resolution No. 70,646–N.S. (Community Design); Resolution No. 70,647–N.S. (Fehr & Peers); Resolution No. 70,648–N.S. (NN Engineering); and Resolution No. 70,649–N.S. (Toole Design).

16. Contracts: On-Call Architectural Services: ELS Architecture and Urban Design; Noll & Tam Architects; and Siegel & Strain Architects
From: City Manager
Recommendation: Adopt three Resolutions authorizing the City Manager to execute contracts and any amendments with the following firms for on-call architectural design services in support of the City’s annual Facilities CIP program, each from January 1, 2023 through December 31, 2025:

1. ELS Architecture and Urban Design (ELS), for an amount not to exceed $3,333,334.

2. Noll & Tam Architects (N&T), for an amount not to exceed $3,333,333.

3. Siegel & Strain Architects (SSA), for an amount not to exceed $3,333,333.

Financial Implications: See report
Contact: Liam Garland, Public Works, (510) 981-6300
Action: Adopted Resolution No. 70,650–N.S. (ELS Architecture); Resolution No. 70,651–N.S. (Noll & Tam); and Resolution No. 70,652–N.S. (Siegel & Strain).

17. Authorization for an Additional Commission on Disability Meeting in 2022 From: Commission on Disability
Recommendation: Adopt a Resolution authorizing one additional meeting of the Commission on Disability in 2022.

Financial Implications: None.

Contact: Andrew Brozyna, Commission Secretary, (510) 981-6300 Action: Adopted Resolution No. 70,653–N.S.

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Berkeley City CouncilJanuary 17, 2023

Berkeley City Council
January 17, 2023