Berkeley City Council
November 14, 2023

Tuesday, November 14, 2023 AGENDA Page 1
AGENDA

BERKELEY CITY COUNCIL MEETING
Tuesday, November 14, 2023
6:00 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702 TELECONFERENCE LOCATION - 1404 LE ROY AVE, BERKELEY 94708

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
This meeting will be conducted in a hybrid model with both in- person attendance and virtual participation. If you are feeling sick, please do not attend the meeting in person.

Li
ve 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.

R
emote participation by the public is available through Zoom. To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device: Please use this URL: ht tps://cityofberkeley - info.zoomgov.com/j/1617610462 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: 161 761 0462. 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.

T
o submit a written communication for the City Council’s consideration and inclusion in the public record, email [email protected].

T
his meeting will be conducted in accordance with the Brown Act, Government Code Section 54953 and applicable Executive Orders as issued by the Governor that are currently in effect. Any member of the public may attend this meeting. Questions regarding public participation may be addressed to the City Clerk Department (510) 98
1-6900. The City Council may take action related to any subject listed on the Agenda.

P
ursuant to the City Council Rules of Procedure and State Law, the presiding officer may remove, or cause the removal of, an individual for disrupting the meeting. Prior to removing an individual, the presiding officer shall warn the individual that their behavior is disrupting the meeting and that their failure to cease their behavior may result in their removal. The presiding officer may then remove the individual if they do not promptly cease their disruptive behavior. “Disrupting” means engaging in behavior during a meeting of a legislative body that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting and includes, but is not limited to, a failure to comply with reasonable and lawful regulations adopted by a legislative body, or engaging in behavior that constitutes use of force or a true threat of force.

Tuesday, November 14, 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 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: In addition to those items listed on the agenda, the Mayor may add additional ceremonial matters.

1. Presentation: AC Transit Realign Process
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 will 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.

Public Comment by Employee Unions (first regular meeting of the month): This period of public comment is reserved for officially designated representatives of City of Berkeley employee unions, with five minutes allocated per union if representatives of three or fewer unions wish to speak and up to three minutes per union if representatives of four or more unions wish to speak.

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

Tuesday, November 14, 2023 AGENDA Page 3
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.

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 public 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. Contract No. 090741-1 Amendment: Foster and Foster Consulting Actuaries Inc (formerly Bartel Associates, LLC) for Actuarial Consulting Services From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 090741-1 increasing contract amount by $370,000 with Foster and Foster Consulting Actuaries Inc (formerly Bartel Associates, LLC) for Actuarial Consulting Services, for a revised total contract amount not to exceed $750,000 through December 31, 2025.

Financial Implications: See report
Contact: Sharon Friedrichsen, Budget Manager, (510) 981-7000

2. Resolution of Intention - Expansion of the Elmwood BID for Calendar Year 2025 From: City Manager
Recommendation: Adopt a Resolution declaring the City Council's intention to levy an assessment in the Elmwood Business Improvement District (“BID” or “District”) for 2025 and directing the City Clerk to schedule a public hearing for January 16, 2024 regarding an expanded district boundary and assessment rates for 2025.

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

3. Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on November 14, 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: Various Funds - $2,453,813
Contact: Henry Oyekanmi, Finance, (510) 981-7300

Consent Calendar
Tuesday, November 14, 2023 AGENDA Page 4

4. Dorothy Day House Contract Amendment No. 31900284 to fund an Inclement Weather Shelter Program
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to execute an amendment to Contract No. 31900284 with Dorothy Day House (DDH) to add up to $290,000 to operate the 2023-2024 inclement weather shelter for a total contract amount not to exceed $6,549,173.

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

5. Contract: Mercury Associates, Inc. for Fleet Replacement/Maintenance Study and Consulting Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Mercury Associates, Inc. to complete a fleet assessment, right sizing study, and fleet consulting services for a total amount not to exceed $125,000 for the contract period of December 1, 2023 through December 30, 2026.

Financial Implications: See report
Contact: Liam Garland, Public Works, (510) 981-6300

6. Purchase Order: Western Truck Parts and Equipment for One Roll Off Truck From: City Manager
Recommendation: Adopt a Resolution satisfying requirements of City Charter Article XI Section 67.2 allowing the City Manager to participate in Sourcewell bid procedures and authorize the City Manager to execute a purchase order for one (1) Roll Off Truck with Western Truck Parts and Equipment in an amount not to exceed $335,000.

Financial Implications: See report
Contact: Liam Garland, Public Works, (510) 981-6300

7. Purchase Order Amendment: Diesel Direct West, Inc. for Fuel for City Vehicles and Equipment
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend the multi-year purchase order with Diesel Direct West, Inc. for the purchase of fuel for City vehicles and emergency equipment (including generators,) increasing the combined amount by $400,000 for a total not-to-exceed amount of $11,894,000, through February 28, 2024.

Financial Implications: See report
Contact: Liam Garland, Public Works, (510) 981-6300

Tuesday, November 14, 2023 AGENDA Page 5
Council Consent Items

8. Budget Referral: Berkeley Junior Jackets Facilities Expenses From: Councilmember Taplin (Author), Councilmember Hahn (Co-Sponsor), Councilmember Harrison (Co-Sponsor)
Recommendation: Refer to the Annual Appropriations Ordinance #2 process $7,000 to provide Young Lives Matter Foundation, Inc. the necessary funds for the Berkeley Junior Jackets youth sports program’s operating expenses associated with the use of Berkeley Unified School District facilities.

Financial Implications: See report
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120

9. Memorandum of Understanding for East Bay Hills Regional Wildfire Prevention and Coordination
From: Councilmember Wengraf (Author), Mayor Arreguin (Co-Sponsor), Councilmember Hahn (Co-Sponsor)
Recommendation: Adopt a resolution authorizing the City of Berkeley to enter into a Memorandum of Understanding (MOU) with other jurisdictions in Alameda and Contra Costa Counties to form a Wildfire Prevention Coordinating Group (WPCG) to improve regionwide collaboration to reduce wildfire risk.

Financial Implications: See report
Contact: Susan Wengraf, Councilmember, District 6, (510) 981-7160

Action Calendar
The public may comment on each item listed on the agenda for action. 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 during one of the Action Calendar public comment periods on the item. Public comment will occur for each Action item (excluding public hearings, appeals, and/or quasi-judicial matters) in one of two comment periods, either 1) before the Action Calendar is discussed; or 2) when the item is taken up by the Council.

A member of the public may only speak at one of the two public comment periods for any single Action item.

The Presiding Officer will request that persons wishing to speak line up at the podium, or use the "raise hand" function in Zoom, 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 yield 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 – Scheduled Public Comment Period
During this public comment period, the Presiding Officer will open and close a comment period for each Action item on this agenda (excluding any public hearings, appeals, and/or quasi-judicial matters). The public may speak on each item. Those who speak on an item during this comment period may not speak a second time when the item is taken up by Council.

Tuesday, November 14, 2023 AGENDA Page 6
Action Calendar – Public Hearings
Staff shall introduce the public hearing item and present their comments. For certain hearings, this is followed by five-minute presentations each by the appellant and applicant. The Presiding Officer will request that persons wishing to speak line up at the podium, or use the "raise hand" function in Zoom, 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 per sons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker.

Speakers are permitted to yield 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.

When applicable, 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.

10. Renewal of the Elmwood Avenue BID for Calendar Year 2024 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”) and, if no majority protest exists, levy annual assessments in the District for calendar year 2024 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

11. Renewal of the Solano Avenue BID for Calendar Year 2024 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 (hereafter, “Solano BID Advisory Board” or “the BID”) for 2023-2024 and, if no majority protest exists, levy annual assessments in the District for calendar year 2024 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

Action Calendar – Public Hearings
Tuesday, November 14, 2023 AGENDA Page 7

12. Amendments to the Berkeley Election Reform Act to ensure consistency within the Act for cost of living adjustments and committee reporting requirement thresholds
From: Fair Campaign Practices Commission
Recommendation: Conduct a public hearing and, upon conclusion, adopt first reading of an ordinance amending the Berkeley Election Reform Act (BMC Chapter

2.12) to (1) amend provisions related to filing requirement thresholds to be consistent with recent amendment to qualification threshold for committees ; and (2) add two dollar amount thresholds to the list of amounts subject to cost of living adjustments in order to maintain consistency with other associated amounts.

Financial Implications: See report
Contact: Sam Harvey, Commission Secretary, (510) 981-6950

13. Amendments to Berkeley Municipal Code Title 23 (Zoning Ordinance), the Zoning Map, General Plan Land Use Diagram, and the General Plan Relating to the Southside Zoning Implementation Program of the 2023-2031 Housing Element Update
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion:

1. Adopt a first reading of an Ordinance amending Title 23 of the Berkeley Municipal Code to increase residential development potential in the Southside Plan Area, per Program 27— Priority Development Areas, Commercial and Transit Corridors and Program 33—Zoning Code Amendment: Residential of the 2023- 2031 Housing Element Update

2. Adopt a Resolution:
a. Adopting an Addendum to the 2023-2031 Housing Element Update Environmental Impact Report (EIR); and
b. Approving and adopting General Plan map and text amendments to re-designate certain parcels and update certain land use designations to be consistent with the associated Ordinance amendments.

3. Refer to the City Manager to analyze prevailing wage requirements, as recommended in Planning Commission’s letter dated September 15, 2023; and refer a budget allocation of $50,000 for this project to the FY2025 budget process.

Financial Implications: See report
Contact: Jordan Klein, Planning and Development, (510) 981-7400

Information Reports

14. Measure O Bond Impacts on Affordable Housing Development in Berkeley From: City Manager
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400

Information Reports
Tuesday, November 14, 2023 AGENDA Page 8

15. LPO NOD: 60 Panoramic Way, #LMIN2023-0001
From: City Manager
Contact: Jordan Klein, Planning and Development, (510) 981-7400

16. LPO NOD: 803 Delaware Street, LMSAP2023-0002
From: City Manager
Contact: Jordan Klein, Planning and Development, (510) 981-7400

17. LPO NOD: 1960 San Antonio Avenue/645 Arlington Avenue, #LMSAP2022-0005 From: City Manager
Contact: Jordan Klein, Planning and Development, (510) 981-7400

18. LPO NOD: 2113-2115 Kittredge Street/#LMSAP2022-0011 From: City Manager
Contact: Jordan Klein, Planning and Development, (510) 981-7400

19. Planning Commission Fiscal Year 2023-24 Work Plan
From: Planning Commission
Contact: Alisa Shen, Commission Secretary, (510) 981-7400

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 variance 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 date 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 issues 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.

Com
munications 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/.

Tuesday, November 14, 2023 AGENDA Page 9
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, Tarea Hall Pittman 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 City 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 November 2, 2023.

Mark Numainville, City Clerk

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.

Hopkins Street

1. Mariya

2. S. Entwistle

Tuesday, November 14, 2023 AGENDA Page 10
Ashby BART Housing

3. Jack Kurzweil

4. Sharon Rose

5. Vincent Casalaina

6. Tobey Wiebe

7. Sonya Dublin

8. Jane Scantlebury

9. Paola Laverde

Integrating Public Art into the Waterfront Specific Plan

10. Civic Arts Commission

Berkeley Robberies

11. Dave Libby, on behalf of Assembly Builders

Tenant Opportunity To Purchase Act

12. Matt Gustafson

Police Accountability Board (PAB) Memo

13. Hansel Aguilar, Director of PAB

Japan Wastewater

14. Grace Morizawa, Chair, Berkeley Peace and Justice Commission (2)

Human Feces

15. Todd Jersey

Alameda County Transit Redistricting Plan

16. Alfred Twu

National Sandwich Day

17. Sonia Anand Rodrigues

Miyawaki Forest

18. Melinda Howard-Herrarte, on behalf of the Sierra Club

Mari Mendonca to Berkeley Housing Board

19. Berkeley Tenants Union

Chicago’s Municipal Grocery Store

20. Russell Bates

Cannabis Policy

21. Getting It Right from the Start

Tuesday, November 14, 2023 AGENDA Page 11
Encampment Policy

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

23. Carole Marasovic

Hate Speech and Hate Crime

24. Karen Weil

Israel and Palestine

25. Amy Cummings

26. Barbara Gilbert

27. Russell Bates

28. Virginia Browning

29. Luqman Saib

Ceasefire Now

30. 49 similarly-worded form letters

Stand with Palestine

31. 40 similarly-worded form letters
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.

• 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.

TUESDAY , NOVEMBER 14, 2023
1 Realign Draft Service Scenarios
INFORMATIONAL ITEM: AC Transit Realign Bus Service Network Plan Update Berkeley City Council
Check out our
proposals
online!

AC Transit At-a-Glance
Rider Demographics:
•65% low income
•75% people of color
•29% Limited English Proficiency
•27% of riders are traveling to work
•30,000 student trips to and from school every school day Riders During Pandemic:
•40% of riders made an essential trip
•15% of riders identified as an essential worker
•43% riders do not have access to a car
We serve
Essential workers, students, low-income, seniors,
commuters, individuals with disabilities, and anyone wishing to reduce their carbon footprint.
2

3 Transit Service in Berkeley Today
20 mins or less
60 mins
Other (early bird, overnight,
commute hours only)
Line Serving Wkd y Frequency
6 Telegraph Every 12 min
7 Arlington, El Cerrito,
Ashby, Emeryville Every 30 min.
12 Gilman, Shattuck Every 24 min.
18 MLK, UC Village, Solano Every 16 min
36 Dwight, UC, Emeryville,
West Oakland Every 30 min
51B University, College Every 12 min
52 Cedar, UC Village Every 15 min
65 Grizzly Peak, Euclid Every 40 min
67 Tilden Every 30 min
72/72M San Pablo Every 15 min, combined
72R San Pablo Rapid Every 12 min
79 Colusa, Claremont Every 30 min
88 Sacramento, Market Every 18 min
F Adeline, SF Every 30 min
FS University, SF Varies
J Sacramento, SF Varies

1 2 3 4 5
Develop Plans
+
Learn Rider
Needs
Aligning
Guiding
Principles with
Community
Assessment
Develop
Service
Scenarios
and Gather
Feedback
Draft Final
Service Plan
and Plan
Adoption
Develop
Service
Standards
and Inform
Riders about
Service
Changes
Mar-Jun 2023 Jul-Aug 2023 Sep-Dec 2023 Jan-Apr 2024 Apr-Sep 2024 Realign Project Phasing
4On-going emphasis on equity and transparency in all project phases and communications

Equity
Provide a network
that prioritizes
mobility for
communities who
need it the most.

Frequency
Provide frequent
service to the most
people; frequency’s
importance will vary by
location and be
balanced against
geographic coverage
and community needs.

Reliability
Provide bus
service that is
reliable and
predictable.

Guiding
Principles

Service Scenarios Overview
6 Balanced Coverage ScenarioStay the Course
More Frequency,
Less Coverage Frequent Service Scenario
Unconstrained More Frequency,
More Coverage
Unconstrained Vision
Scenario
Cost-Neutral
(Pending funding availability)

Balanced Coverage Scenario
• Keeps today’s balance between core service
and providing network coverage.
• Improves access to many destinations
• New coverage to areas with high transit
demand
• Simplifies routes to improve
reliability and travel time
• Better matches service frequency to
customer demand
7

• Focuses more frequent service in denser
areas at the cost of network coverage.
• All local routes provide weekday service
at least every 30 minutes
• Better frequency on busier trunk routes
• Simplifies routes to improve
reliability and travel times
• Eliminates less productive local lines and
route segments.
8 Frequent Service Scenario

• Expanded frequent service, expanded
coverage, more revenue, operators, buses,
bus garages needed.
• Restores pandemic suspensions, with some
changes to support equity and reflect new
travel patterns.
• Proposed on-demand microtransit zones
where fixed route service expansion is less
practical.
9 Unconstrained Vision Scenario

Key Highlights
10 Consistent between
Balanced Coverage and
Frequent Service scenarios

Redesigned lines 6 and 51 provide
improved, transfer-free service on
Telegraph and College corridors
11

12 Line 72R discontinued, offset by
more frequent Line 72/72M
service with fewer stops.

13 Redesigned Line 7 eases campus-
bound crowding with a bus every 15
minutes along Adeline (together
with Line F)

14 New Line 52 provides more direct service
to North Shattuck

15 New Line 27 combines current Line
79 with service on Ashby. Line 36 is
extended to cover Claremont
portion of Line 79.

16 Extended Line 29 provides service
on Alcatraz

17 Extended Lines 18 and 88 provide
service to Montclair & Piedmont,
respectively

18 Lines 12 extended to provide
service to Berkeley Marina

19 In Frequent Scenario: Lines 65 and
67 are consolidated.

Key Tradeoffs
20 Balanced Scenario:
• Existing lines will be longer to free up resources for new service • 6, 12, 18, 29, 36, 51, 88
• Added service on Alcatraz
• Continual service from UC to Oakland on 6 and 51
• 72R discontinued, replaced by more frequent 72/72M with fewer stops Frequent Scenario
• Coverage in Berkeley Hills reduced to improve frequency on high-ridership lines

System-wide Summary
21 Existing
Network
Balanced
Coverage
Scenario
Frequent Service
Scenario
Unconstrained
Vision
Scenario
10 minutes or less 2 routes 3 routes 4 routes 20 routes 10 - 15 minutes 9 routes 8 routes 10 routes 17 routes
15 – 30 minutes 28 routes 34 routes 39 routes 26 routes Over 30 minutes 23 routes 14 routes 0 routes 0 routes
Total 62 routes 59 routes 53 routes 63 routes

22 Review and comment on
bus service proposals
online, in person, or at a
local library.

Shape the
future of
AC Transit’s
bus
network
November 1 – December 13, 2023
Public Engagement: Phase 3
Visit: actransit.org/realign

23 Staff Contacts
Ryan Lau
External Affairs Representative
(510) 891-4843
[email protected]
Carissa Lee
Acting Senior Transportation Planner
(510) 891-4867
[email protected]
more info at
Actransit.org/realign
Email us at
[email protected]
Check out our
proposals
online!

Office of the City Manager

CONSENT CALENDAR
November 14, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Sharon Friedrichsen, Budget Manager
Subject: Contract No. 090741-1 Amendment: Foster and Foster Consulting Actuaries Inc (formerly Bartel Associates, LLC) for Actuarial Consulting Services

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 090741-1 increasing contract amount by $370,000 with Foster and Foster Consulting Actuaries Inc (formerly Bartel Associates, LLC) for Actuarial Consulting Services, for a revised total contract amount not to exceed $750,000 through December 31, 2025.

FINANCIAL IMPLICATION OF RECOMMENDATION
The recommended contract amendment with Foster and Foster for Actuarial Consulting Services will add $370,000 to the existing contract amendment for a total not to exceed amount of $750,000 through December 31, 2025. Funding for the amendment is available in the FY 2024 Adopted Update Budget General Fund budget with additional funding contingent on appropriation within the Fiscal Year 2025 and 2026 Adopted Budget.

CURRENT SITUATION AND ITS EFFECTS
Under the direction of the City Council and the City Manager, the Human Resources Department is responsible for labor relations activities including actuarial projections to determine the fiscal impacts of the City’s various other post-employment benefits (“OPEB”) related to pension, medical, and disability. The City pre-funds all of the post- employment benefit plans and contracts for periodic actuarial studies to ensure the plans are meeting the financial assumptions to be able to pay the benefits in future years and to comply with the Governmental Accounting Standards Board (GASB) Statement No. 45 (Accounting and Financial Reporting for Employers for Post-employment Benefits other than Pension); GASB Statement No. 27 (Accounting for Pensions by State and Local Governmental Employers); GASB Statement No. 67 (Financial Reporting for Pension Plans – An Amendment of GASB 25); and GASB Statement No. 68 (Accounting and Financial Reporting for Pensions-An Amendment of GASB Statement No. 27) reporting requirements. In creating these benefit plans, one of the stipulations stated in the various Union agreements requires the City to complete periodic actuarial evaluations of the plans to ensure adequate funding. Lastly, City management, at the direction of City Council, has applied this same requirement to any proposed modifications to the negotiated benefit that may be proposed during contract negotiations.

Contract No. 090741-1 Amendment CONSENT CALENDAR
11/14/2023
It should also be noted that compliance with the GASB requirements impacts the timing of the completion of the City’s audited financial statements and the production of the Annual Comprehensive Financial Statement Report. In addition, Foster and Foster provides actuarial consulting services to the City Manager’s Office, the Finance Department and Human Resources. Most recently, Foster and Foster assisted with providing pension and OPEB analysis for the City’s unfunded liabilities report, which is required by Council resolution to be updated every two years. Given the complexity of addressing pension and OPEB liabilities, as well as the changing nature of GASB reporting requirements, it is recommended that the contract amount be increased.

BACKGROUND
Foster and Foster Consulting Actuaries Inc. acquired Bartel Associates, LLC and specializes in providing GASB compliant actuarial services to public agencies including retiree medical and pension GASB valuations, actuarial audits, and CalPERS retirement consulting. Over the past several years, the City has contracted with Bartel Associates, LLC to complete actuarial services that are used for periodic actuarial evaluation to determine the fiscal impacts of retirement and OPEB, such as retiree health insurance, offered by the City as well as to meet reporting requirements.

The City’s retirement pension benefits are provided through its participation in CalPERS. The benefits are funded by a combination of employee contributions that are set by statute and by employer contributions, which fluctuate from year to year based on an annual actuarial valuation performed by CalPERS. Each of the plans has different rates for the City’s annual employer contribution which are generally based on the demographics of the plan participants and the value of investment returns of the City’s assets in the CalPERS system.

In addition to CalPERS, the City also provides pension benefits to a closed group of former firefighters and police officers who elected to not transfer to CalPERS and retired prior to March 1973 under the Safety Members Pension Fund (SMPF). This single employer defined benefit pension plan is administered by the Safety Members Pension Board Annual actuarial valuations are required of this plan as stated in GASB Statement No. 27; GASB Statement No. 67; and GASB Statement No. 68.

The City also provides retiree medical benefits and a disability retirement benefits to a closed group of Supplementary Retirement and Income Plan I (SRIP I) participants who were hired prior to July 22, 1988, who have not elected to transfer to SRIP II, and are permanently or indefinitely disabled.

Actuarial analyses allow the City to comply with the various GASB Statement requirements and to meet the City’s objectives in recognizing current and future liabilities, and assist the City in its continuing efforts to foster a funding policy that ensures assets are available to pay the benefits as employees retire and not place an undue one-time strain on the City’s budget.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no identifiable environmental effects, climate impacts, or sustainability opportunities associated with the subject of this report.

Contract No. 090741-1 Amendment CONSENT CALENDAR
11/14/2023

RATIONALE FOR RECOMMENDATION
Foster and Foster offer the City a professional and cost-effective solution to the City’s actuarial analysis requirements. Many of these actuarial reports are time sensitive and required for completion of the annual financial audit, for compliance with the City Council’s reporting on its unfunded liabilities and for analyzing various benefit-related proposals. The firm has institutional knowledge of the City’s pension and post-employment benefit plans, as well as those of many comparable agencies in the region, which is beneficial in evaluating the financial impacts of both existing and proposed plans and for providing funding recommendations to the Council for consideration.

ALTERNATIVE ACTIONS CONSIDERED
The type of actuarial work is specialized and the use of an outside firm to provide an independent analysis of the City’s plans helps ensure the City meets financial reporting requirements in a timely manner.

CONTACT PERSON
Sharon Friedrichsen, Budget Manager, 510-981-7000

ATTACHMENT
1: Resolution

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

CONTRACT NO. 090741-1 AMENDMENT: FOSTER AND FOSTER
CONSULTING ACTUARIES, INC. FOR ACTUARIAL SERVICES
WHEREAS, there is a need for actuarial services for determining future liabilities for the City's post-employment benefit plans: pension plans with the California Public Employees' Retirement System (CalPERS); Retiree Health Premium Assistance Plan; Police Employees Retirement Income Plan; Safety Members Pension Fund; and Supplementary Retirement and Income Plan I;
WHEREAS, this type of actuarial work is specialized within the professional accounting field and is done by persons who are familiar with professional accounting and actuarial standards and reporting requirements; and
WHEREAS, the City does not have staff that can provide such opinion, advice and services; and
WHEREAS, Bartel Associates, LLC was selected for actuarial services related to CalPERS as part of a continuing engagement since September 2011; and WHEREAS, on September 30, 2011, the City entered into a contract with Bartel Associates, LLC (hereinafter "Bartel") (Contract No. 8958) for an amount not to exceed $15,000 to provide actuarial services pertaining to the City's CalPERS pension plan; and WHEREAS, on November 9, 2012, the City Manager authorized an amendment to increase the contract amount by $15,000 for a revised contract amount not to exceed $30,000; and
WHEREAS, on April 1, 2014, the City Manager authorized an amendment to increase the contract amount by $19,999 for a revised contract amount not to exceed $49,999; and WHEREAS, on December 13, 2016 by Resolution No. 67,779-N.S., Council authorized the City Manager to execute an amendment to Contract No. 8958C with Bartel, increasing the contract amount by $30,001, for a revised contract amount not to exceed $80,000; and WHEREAS, on February 23, 2015, the City issued a Request for Proposal (RFP No. 15- 10932-C) for actuarial services related to other post-employment benefits: Retiree Health Premium Assistance Plan, Police Employees Retirement Income Plan, Safety Members Pension Fund, and Supplementary Retirement and Income Plans; and a selection committee selected Bartel Associates, LLC as being best able to meet the City's objectives; and

WHEREAS, on November 1, 2015, by Resolution No. 67,181-N.S., Council authorized the City Manager to enter into Contract No. 8958D with Bartel for a contract amount not to exceed $175,000 for other' non-CalPERS post-employment benefits; and WHEREAS, on November 14, 2017, by Resolution No. 68,217-N.S., Council authorized the City Manager to enter into Contract No. 8958E with Bartel for a contract amount not to exceed $175,000 for other non-CalPERS post-employment benefits; and WHEREAS, on July 27, 2021, by Resolution No. 69,978-N.S., Council authorized the City Manager to enter into Contract No. 8958F with Bartel for a contract amount not to exceed $270,000 for other non-CalPERS post-employment benefits; and WHEREAS, on July 12, 2022, by Resolution No. 70,446-N.S., Council authorized the City Manager to enter into Contract No. 8958G (ERMA Contract 090741-1) with Bartel for a contract amount not to exceed $380,000 for actuarial consulting services; and WHEREAS, Foster and Foster Consulting Actuaries, Inc. acquired Bartel and Associates and the firm has, most recently, provided consulting services related to the City’s preparation of an updated unfunded liabilities report, labor negotiations and actuarial analysis required by the Government Accounting Standards Board (GASB) for the completion of the City’s annual financial audit; and
WHEREAS, the City is close to reaching the contract limit and anticipates the continued needed for actuarial Consulting Services in the immediate and near future; and WHEREAS, funding for this amendment is available in the FY 2024 General Fund budget from the City Manager’s Office, Finance Department and Human Resources and subject to additional appropriations in Fiscal Years 2025 and 2026.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to execute a contract and any amendments with Foster and Foster Consulting Actuaries, Inc. (formerly Bartel and Associates LLC) for actuarial consulting services, for an amount not to exceed $750,000 effective September 30, 2011 through December 31, 2025. A record signature copy of said contract and any amendments to be on file in the Office of the City Clerk.

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

CONSENT CALENDAR
November 14, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Eleanor Hollander, Economic Development Manager Subject: Resolution of Intention - Expansion of the Elmwood BID for Calendar Year 2025

RECOMMENDATION
Adopt a Resolution declaring the City Council's intention to levy an assessment in the Elmwood Business Improvement District (“BID” or “District”) for 2025 and directing the City Clerk to schedule a public hearing for January 16, 2024 regarding an expanded district boundary and assessment rates for 2025.

FISCAL IMPACTS OF RECOMMENDATION
Based on the expanded geographic District boundary, projected Business Improvement District (BID) revenue of approximately $50,000 will be deposited into the Elmwood BID Fund, and expensed from budget code 782-21-208-251-0000-000-446-636110. The BID constitutes an independent funding source that must be targeted to commercial revitalization efforts that are recommended by the Advisory Board. The City of Berkeley operates a parking lot within the district and will thus be assessed $2,000 annually, paid through the Off-Street Parking Fund.

CURRENT SITUATION AND ITS EFFECTS
On August 18, 2023, the Elmwood Business Association voted unanimously to support the expansion of the district boundary. On October 2, 2023, the Elmwood Business Improvement District Advisory Board voted on an expanded district boundary to be implemented in calendar year 2025 (M/S-Han/Hammond; Ayes: (3) Han, Berne, Hammond, Nays: 0, Absent: (1) Stepak. The Elmwood Business Improvement District Advisory Board also voted to increase the assessment rate by $1,000 for Parking Lot Operators to $2,000, and decrease the $250 assessment rate for Hair, Nail and Skin Services (NAICS 81211) to $200 annually which is reflected in Exhibits A1 and A2 (M/S- Han/Berne; Ayes: (3) Han, Berne, Hammond, Nays: 0, Absent: (1) Stepak.

BACKGROUND
The Elmwood Business Improvement District was established in 2013 via Resolution No. 66,345-N.S. to provide the Elmwood Business Association (EBA) with a sustainable, predictable source of funding for its activities to promote, maintain, and

Expansion of the Elmwood BID for Calendar Year 2025 CONSENT CALENDAR November 14, 2023

beautify the Elmwood commercial district. The Elmwood Business Association has used the funds raised through the BID to implement a variety of activities such as place- based marketing materials, events, and capital improvements in the district.

Starting in March of 2019, the members of the both the EBA and the BID Advisory Board expressed interest in expanding the boundaries of the Elmwood BID to increase capacity and collaboration with unrepresented businesses on the northern and southern ends of the Berkeley’s commercial areas along College Avenue. During the course of outreach with impacted merchants; collaboration with the neighboring Rockridge District Association in Oakland was explored and rich opportunities for streetscape improvements and partnerships were uncovered. The goal of expanding the District boundary is to support activities and programing and increase merchant and business owner collaboration in areas along College Avenue that have not previously benefited from BID support.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
By maintaining and enhancing the district, the Elmwood BID creates shopping opportunities for residents and visitors alike while encouraging alternative forms of transportation. Because the District is well served by public transportation and biking infrastructure, these services indirectly support environmental sustainability goals of encouraging alternative transportation modes and decreasing carbon emissions.

RATIONALE FOR RECOMMENDATION
California Streets and Highway Code Section 36623 and Section 54954.6 of the California Government Code requires that the City Council approve modification to the Elmwood BID boundary and assessment rates by first passing a resolution stating Council's intention to approve a modification to the Elmwood BID boundary.

Additionally, a public meeting is required and set for December 12, 2023 and a subsequent public hearing is set for January 16, 2024.

ALTERNATIVE ACTIONS CONSIDERED
None.

CONTACT PERSON
Kieron Slaughter, Office of Economic Development, (510) 981-2490 Attachments:
1: Resolution
Exhibit A1: Proposed Elmwood BID Boundary Map 2025
Exhibit A2: Proposed Elmwood BID Assessment Rates 2025

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

DECLARING COUNCIL'S INTENTION TO LEVY AN ASSESSMENT IN THE ELMWOOD BUSINESS IMPROVEMENT DISTRICT FOR 2025; AND DIRECTING THE CITY CLERK TO SCHEDULE A PUBLIC HEARING FOR JANUARY 16, 2024 REGARDING AN EXPANDED DISTRICT BOUNDARY AND ASSESSMENT RATES FOR 2025 WHEREAS, the Parking and Business Improvement Area Law of 1989 (California Streets and Highway Code section 36500 et seq.) authorizes cities to establish parking and business improvement areas for the purpose of imposing assessments on businesses for certain purposes; and
WHEREAS, on November 19, 2013 the Berkeley City Council established such an area known as the Elmwood Business Improvement District (the "District"); and WHEREAS, the City Council established the Elmwood Business Improvement District Advisory Board (Advisory Board) to act in compliance with State law to oversee the activities of the District; and
WHEREAS, on October 2, 2023 the Advisory Board voted to approve an expanded boundary map of the District, to update the assessment rates, and to submit the proposed rates and map to the City Council as required by the California Streets and Highways Code Section 36500; and
WHEREAS, the proposed district map is clear and complete and found to comply with the interests of Elmwood BID assessees; and
WHEREAS, the process for modifying the boundaries and assessments in Business Improvement Districts requires that cities adopt a Resolution of Intent that declares their intent to modify the boundary and the assessment and then set a date for a public hearing where interested parties may be heard on the issue.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley as follows:

Section 1. Pursuant to the provisions of Section 36500 et seq. of the California Streets and Highways Code (the "Act"), the City Council declares its intent to modify the district boundary map and levy an annual assessment for the parking and business improvement area known as the Elmwood Business Improvement District.

Section 2. The boundaries of the District are set forth in Exhibit A1 to the Resolution of Intent which is attached hereto and incorporated herein by reference.

Section 3. The improvements and activities proposed for the District will utilize funds designated for activities and improvements in the Elmwood area. Council explicitly intends that funds generated through this BID shall not be used to pay for activities routinely paid for by the City. The improvements and activities proposed for the District

are to promote, maintain and beautify the Elmwood Commercial District and include maintenance and capital improvements targeted for the area. Funds must be used for designated activities and improvements in the Elmwood BID commercial area. Funds generated through this BID shall not be used for activities routinely paid for by the City.

Any interested individual may contact Kieron Slaughter, Secretary to the Elmwood BID Advisory Board at (510) 981-2490 or at 2180 Milvia St., 5th Floor, Berkeley, CA 94704.

Section 4. The City Council intends to levy assessments on businesses located within the boundaries of the District shown Exhibit A1 and according to the business classifications and rates set forth in Exhibit A2 which is attached hereto and incorporated herein by reference. Any past due business license tax and related assessment fees will correspond to the rate currently in place. Any past due business license tax and related assessment fees not in the assessment boundary prior to January 1, 2025 will not be subject to the assessment.

Section 5.

A public hearing shall be held before the City Council at 6:00 p.m. on January 16, 2024 at 1231 Addison Street, Berkeley, California. Following the hearing the Council will consider adoption of a resolution approving the District boundary map and levying an assessment as recommended by the Elmwood Business Improvement Advisory Board. At this hearing the Council will hear all interested persons for or against the expanded District boundary map or the levying of such an assessment. A public meeting will be held December 12, 2023 at 6:00 p.m. at 1231 Addison Street, Berkeley, California regarding the proposed expansion as required by Government Code Section 54954.6.

Protests may be made orally at the public hearing, or in writing by any interested person.

Written protests shall be filed with or mailed to the City Clerk Department, 2180 Milvia Street, First Floor, Berkeley, California, 94704. Written protests must be received by the City Clerk at or before 3:00 pm on January 16, 2024. Written protests may also be filed in person at the public hearing, prior to the close of the hearing. Written protests will not be considered valid unless signed by the owner of a business located within the boundaries of the proposed District. This signature shall be accompanied by the name of the business owner (printed) and the date of the protest. Additionally, written protests shall contain a description of the business sufficient to identify the business, such as business name (printed), business address (printed), and City Business License Tax Registration number (or, if no Business License Number, Financial Institution name).

Protests must also state if they are protesting against the furnishing of a specified type or types of improvements or activities within the District.

If the person so protesting is not listed on City records as the owner of the business, the protest shall be accompanied by written evidence that the person subscribing the protest is the owner of the business.

Any protest pertaining to the regularity or sufficiency of the proceedings shall be in writing and shall clearly set forth the irregularity or defect to which the objection is made. If written protests are received from the owners of businesses in the District which will pay fifty

percent (50%) or more of the assessment proposed to be levied, no further proceedings to levy the assessment shall be taken for a period of one year from the date of the finding of a majority protest by the City Council. If the majority protest is only against the furnishing of a specified type or types of improvements or activities within the District, those types of improvements or activities shall be eliminated.

Section 7. The City Clerk is directed to give notice of said public hearing by publishing the Resolution of Intention in a newspaper of general circulation.

Section 8. The City Clerk is directed to give notice of said hearings as provided in section 36623 of the Act and section 54954.6 of the Government Code, which requires that the agency shall give notice by mail to the record owner of each identified business and financial institution. The public hearing shall be held not less than 45 days after the adoption of this Resolution.

Exhibits
A1: Proposed Elmwood BID Boundary District Map - 2025
A2: Proposed Elmwood BID Assessment Rates – 2025

Exhibit A1: Proposed Elmwood Business Improvement District Boundary Map - 2025

Exhibit A2: Elmwood Business Improvement District, Assessment Rates – 2025 Any business that is classified as a nonprofit (Tax Code N) for business licenses purposes, shall nevertheless pay the assessment at the rate that corresponds to its North American Standard Industrial Classification if it is engaged in the sale of products or services. Any new business established within the District shall not be required to pay an assessment on application for its business license but only on renewal at the end of the year it was initiated. (Ord. 7317-NS § 3 (part), 2013 Classifications Rates
Retail including jewelers and groceries but not restaurants (Tax Codes R, M and G but without NAICS 722, Food Services and Drinking Places)
 Gross receipts under $350,000
 Gross receipts $350,000-$999,999
 Gross receipts $1,000,000+
$250.00 per year
$350.00 per year
$500.00 per year
Restaurants, including all businesses that prepare and serve food at the request of customers (NAICS 722)
$500.00 per year
Professionals including offices of real estate brokers (Tax Code P)  Gross receipts under $100,000
 Gross receipts over $100,000
$300.00 per year
$400.00 per year
Entertainment and Recreation (Tax Code E) $450.00 per year Business, Personal and Repair Services (Tax Code B) except Hair, Nail and Skin Cares Services (NAICS 81211)
$200.00 per year
Hair, Nail and Skin Care Services (NAICS 81211) $200.00 per year Parking lot operators $2,000.00 per year
Financial Institutions $2,500.00 per year

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

CONSENT CALENDAR
November 14, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Henry Oyekanmi, Director, Finance
Subject: Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on November 14, 2023

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.

FISCAL IMPACTS OF RECOMMENDATION
Total estimated cost of items included in this report is $2,453,813 PROJECT Fund Source Amount
Children's Story Time
Renovation 101 Professional Services – Misc. $200,000
Parker-Addison Mobility and
Safety Improvements Project
134
306
Measure BB
Professional Services – Misc.
$816,813
Berkeley Emergency
Communication Center
Dispatch Modernization
164 Professional Services – Misc.
$400,000
Food for Summer Lunch
Program
319 Supplies – Food – Non-Employee $325,000
Hardscape Repair and
Replacement for PRW
608 Marina Fund $80,000
Land Use Planning
Consultant
336
011
621
Prof. Services – Misc. $632,000
Total: $2,453,813

Formal Bid Solicitations and Request for Proposals CONSENT CALENDAR Scheduled for Possible Issuance After Council November 14, 2023 Approval on November 14, 2023

CURRENT SITUATION AND ITS EFFECTS
On May, 6, 2008, Council adopted Ordinance No. 7,035-N.S. effective June 6, 2008, which increased the City Manager’s purchasing authority for services to $50,000. As a result, this required report submitted by the City Manager to Council is now for those purchases in excess of $100,000 for goods; and $200,000 for playgrounds and construction; and $50,000 for services. If Council does not object to these items being sent out for bid or proposal within one week of them appearing on the agenda, and upon final notice to proceed from the requesting department, the IFB (Invitation for Bid) or RFP (Request for Proposal) may be released to the public and notices sent to the potential bidder/respondent list.

BACKGROUND
On May 6, 2008, Council adopted Ordinance No. 7,035-N.S., amending the City Manager’s purchasing authority for services.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The Finance Department reviews all formal bid and proposal solicitations to ensure that they include provisions for compliance with the City’s environmental policies. For each contract that is subject to City Council authorization, staff will address environmental sustainability considerations in the associated staff report to City Council.

RATIONALE FOR RECOMMENDATION
Need for the goods and/or services.

ALTERNATIVE ACTIONS CONSIDERED
None.

CONTACT PERSON
Darryl Sweet, General Services Manager, Finance, 510-981-7329

ATTACHMENTS
1: Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on November 14, 2023
a. Children's Story Time Renovation
b. Parker-Addison Mobility and Safety Improvements Project c. Berkeley Emergency Communication Center Dispatch Modernization d. Food for Summer Lunch Program
e. Hardscape Repair and Replacement for PRW
f. Land Use Planning Consultant
Note: Original of this attachment with live signature of authorizing personnel is on file in General Services.

NEXT 30 DAYS
DATE SUBMITTED: NOVEMBER 14, 2023
Attachment 1

SPECIFICATION
NO.

DESCRIPTION OF

GOODS /

SERVICES BEING

PURCHASED
APPROX.

RELEASE
DATE
APPROX. BID

OPENING DATE

INTENDED USE ESTIMATED COST BUDGET CODE TO BE

CHARGED
DEPT. / DIVISION CONTACT NAME
& PHONE
24-11639-C Children's Story
Time Renovation
January 2024 February 2024
The Berkley Public Library is
soliciting written proposals from
qualified firms or individuals
experienced in work with library
remodeling and construction
$200,000
over the course of 12
months
PROF SVCS –
MISCELLANEOUS  101-
22-242-271-0000-000-
463-612990-
Library
Henry Bankhead
(510) 981-6109
DEPT. TOTAL $ 200,000.00
24-11640-C
Parker-Addison
Mobility and Safety
Improvements
Projec
02/08/24 3/07/24 The scope of the project
involves installation of bike
boulevard infrastructure
consisting of striping,
pavement markings, and
wayfinding signage along the
length of the corridor. The
project also includes two new
traffic circle construction, traffic
calming signage, curb ramp
construction, and striping. The
project will also widen the
existing ramp walkway located
at the north end of the
Strawberry Creek Park
basketball courts, as well as
two adjacent curb ramps
located at both ends of the
West Street cul-de-sac. Also,
two speed tables will be
installed on Bonar Street, from
Addison Street to Allston Way.
$816,813
(includes 10%
construction
contingency)
$74,256
$742,557
Includes AHSC
Grant Funding
134-54-622-668-0000-
000-431-665110-
(PWTRBP2203)
306-54-622-668-0000-
000-431-665110-
(PWTRBP2203)
Public Works -
Transportation
Pedram Massoudi
981-6416
DEPT. TOTAL $ 816,813.00
24-11635-C
Berkeley
Emergency
Communication
Center Dispatch
Modernization
11/1/23 11/22/23
Implementation plan
development and execution
for priority dispatch, EMD,
and other ECC upgrades
$400,000
164-72-742-838-
0000-000-422-
612990-
Office of the Fire Chief
Shanalee
Gallagher, 312-
613-1099
DEPT. TOTAL $ 400,000.00
24-11637-C Food for Summer
Lunch Program
11/14/23 12/14/2023 The City of Berkeley is
soliciting proposals from
qualified firms or individuals to
prepare and deliver lunches
and snacks for our Summer
Lunch Program, beginning in
2024.
$65,000 per year;
5-year total:
$325,000
319-52-543-570-1004-
000-461-644110-
Parks, Recreation &
Waterfront Department,
Recreation Division
Ginsi Bryant,
Recreation
Program
Supervisor
510-981-6678
gbryant@berkeley
ca.gov
24-11638-C Hardscape Repair
and Replacement
for PRW
10/17/23 11/16/2023 Removal of finger docks and
repair of utilities. Installation of
diamond plate and cleats. $ 80,000.00
Marina Fund
608-52-545-000-0000-
000-473-624110-
PRWWF24001
PRW Building
Maintenance/Waterfront
Walt Vandernald
DEPT. TOTAL $ 405,000.00
24-11641-C
Environmental Justice
Element, Safety
Element Update, and
Equitable Climate and
Resilience Metrics
Late October 2023 12-Dec-23 Land Use Planning Consulting Services $632,000 $279,000 (Grant) from:
336-53-584-622-0000-
000-441-612990
$300,000 from:
011-53-584-622-0000-
000-441-612990
$52,960 from:
621-53-584-622-0000-
000-472-612990
Planning and
Development/Land Use
Planning
Alisa Shen 510-981-
7409
(Note: this includes
$279,000 grant from
State of California
Office of Planning
and Research (OPR)
Adaptation Planning
Grant Program and
$352,960 from City
of Berkeley)
DEPT. TOTAL $ 632,000.00
TOTAL $ 2,453,813.00
1 of  2

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
November 14, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Lisa Warhuus, Health, Housing, and Community Services Subject: Dorothy Day House Contract Amendment No. 31900284 to fund an Inclement Weather Shelter Program

RECOMMENDATION
Adopt a Resolution authorizing the City Manager or her designee to execute an amendment to Contract No. 31900284 with Dorothy Day House (DDH) to add up to $290,000 to operate the 2023-2024 inclement weather shelter for a total contract amount not to exceed $6,549,173.

FISCAL IMPACTS OF RECOMMENDATION
At its June 26, 2023 meeting, City Council allocated $412,185 in Measure P (Fund #011) to operate an inclement weather shelter for up to 141 nights. Start up and program delivery costs for DDH to operate the inclement weather shelter are estimated to be $290,000. The remainder will be used to make improvements to the Veteran’s Building auditorium, which will be this year’s site for the inclement weather shelter.

CURRENT SITUATION AND ITS EFFECTS
The 2023-2024 inclement winter shelter season will be from November 27, 2023 through April 15, 2023. The shelter will be activated when the overnight temperature is forecast at 40 degrees or below or if there is a 50% chance of rain. When activated, the shelter will be open Monday through Saturday from 6 p.m. to 8 a.m. and on Sundays from 3:30 p.m. to 8 a.m. This schedule closely aligns with daytime indoor options during the winter season. Nightly shelter activities will include an evening meal and information about other homelessness resources, including how to access a year-round shelter bed if available. Dorothy Day House will enter into a contract with a security company to provide additional oversight and support during shelter operating hours.

This year’s inclement weather shelter is planned to be in the auditorium at the Veteran’s Building. This new location is preferred because it does not have daytime programing that would be impacted, and it is just steps away from DDH’s daytime drop-in center,

Contract No. 31900284 Amendment - CONSENT CALENDAR
Dorothy Day House (DDH) November 14, 2023

which has shower, laundry, and meal programs, making it easier for guests to access daytime respite and basic services. In addition to the inclement weather shelter, DDH will also operate a 24/7 winter shelter for 29 people at 2134 Martin Luther King Way.

This seasonal shelter will operate during the same winter season period as the inclement weather shelter. Similar to other single adult congregate shelters in the coordinated entry system, the winter shelter beds will be accessible through the North County Housing Resource Center (HRC), operated by Bay Area Community Services (BACS).

Over the past several months, Berkeley shelters have been increasing their shelter census to reach pre-COVID levels. The addition of these two winter season shelters will increase the number of congregate shelter beds, on cold and/or rainy nights, to 297 beds. The City also coordinates referrals for an additional 90 non-congregate shelter beds for a total of 387 beds in the Berkeley shelter system.

BACKGROUND
Over the past couple of years, the inclement weather shelter at Old City Hall has shifted to a 24/7 winter shelter program that includes three meals per day and access to showers at DDH’s shower program. Last year, the City activated the winter shelter and an inclement weather shelter. Due to high levels of precipitation and low temperatures last winter, the inclement weather shelter was activated for an unprecedented 127 nights and served 440 unduplicated individuals.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no identifiable environmental effects, climate impacts or sustainability opportunities associated with the subject of this project.

RATIONALE FOR RECOMMENDATION
Dorothy Day House has a long history of operating Berkeley’s inclement weather shelter program and will be able to leverage and maximize DDH resources by operating three shelters in close proximity to its meal and daytime resources programs.

ALTERNATIVE ACTIONS CONSIDERED
In the past, the City has only operated one seasonal shelter, which was only activated when the weather criteria was met. However, since the inclement weather shelter is now a winter shelter program with referrals coming through the North County HRC, an inclement weather shelter is needed to provide drop-in access to shelter during severe weather periods to keep unhoused residents warm and dry. Since there is still an urgent need for an inclement weather shelter and funding was already allocated in the FY24 budget for this purpose, no other alternatives were considered.

CONTACT PERSON
Jennifer Vasquez, Community Services Specialist III, HHCS, (510) 981-5431 Attachment:

Contract No. 31900284 Amendment - CONSENT CALENDAR
Dorothy Day House (DDH) November 14, 2023

1: Resolution

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

CONTRACT NO. 31900284 AMENDMENT: DOROTHY DAY HOUSE
WHEREAS, the City of Berkeley is committed to providing a humane response to addressing homelessness; and
WHEREAS, the City of Berkeley has historically implemented a seasonal winter shelter program; and
WHEREAS, Dorothy Day House, has experience activating Berkeley’s Emergency Storm Shelter when weather was forecast to be 40 degrees or colder or there is a 50% chance of rain during the winter season; and
WHEREAS, Dorothy Day House has agreed to operate this winter’s inclement weather shelter for up to 141 nights from November 27, 2023 through April 15, 2024; and WHEREAS, Dorothy Day House has an existing contract with the City of Berkeley, Contract No. 31900284; and
WHEREAS, funds in the amount of $290,000 are needed for Dorothy Day House to operate the inclement weather shelter for up to 141 days from November 27, 2023 through April 15, 2024; and
WHEREAS, on June 27, 2023, the City Council allocated $412,185 in the FY24 budget to operate an inclement weather shelter; and
NOW THEREFORE, BE IT RESOLVED that the City Manager is hereby authorized to execute an amendment for Contract No. 31900284, with Dorothy Day House to add $290,000 for a total contract not to exceed amount of $6,549,173 for the purpose of operating an inclement weather shelter program for up to 141 nights from November 27, 2023 through April 15, 2023; and
BE IF FURTHER RESOLVED that a payment of $84,000 will be advanced to cover staffing and start-up costs that will be accrued while executing the amendment; and A record signature copy of said contract and any amendments to be on file in the City Clerk Department.

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: https://berkeleyca.gov/

CONSENT CALENDAR
November 14, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Liam Garland, Director, Public Works
Subject: Contract: Mercury Associates, Inc. for Fleet Replacement/Maintenance Study and Consulting Services

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Mercury Associates, Inc. to complete a fleet assessment, right sizing study, and fleet consulting services for a total amount not to exceed $125,000 for the contract period of December 1, 2023 through December 30, 2026.

FISCAL IMPACTS OF RECOMMENDATION
Funding is available in FY2024 budgets of Fund 671 Equipment Replacement Fund in the amount of $62,500 and Fund 672 Equipment Maintenance Fund in the amount of $62,500.

CURRENT SITUATION AND ITS EFFECTS
The Public Works’ Equipment Maintenance Division needs a consultant to perform a comprehensive analysis of the fleet and all of its current practices, policies and procedures related to vehicle replacement, usage, size, and vehicle standardization.

The consulting services will include evaluating the current processes and policies, assist the City with implementing AssetWorks (the new work order and equipment asset management software) after it is implemented in January of 2024, and provide ongoing training to staff on how to utilize the system for maximum effectiveness.

Additionally, authorization of this contract will support management implementation of the recommendations outlined in the Fleet Replacement Fund Short Millions Audit Report:

Recommendation 1.2: Conduct an analysis of the City’s current fleet and determine the optimal fleet size to provide services efficiently and effectively.

This analysis should include fleet units identified as reserve, backup, and “pool” vehicles. The outcome of the analysis should be a plan to achieve and provide funding for the optimal fleet size.

Contract: Mercury Associates, Inc. for Fleet Replacement/Maintenance Study CONSENT CALENDAR and Consulting Services November 14, 2023

This contract supports the Strategic Plan Priority of advancing our goal of providing state-of-the-art, well-maintained infrastructure, amenities, and facilities.

BACKGROUND
The Department worked with General Services to release a Request for Proposals - Specification No. 22-11496 on May 3, 2022 for an Equipment Maintenance/Fleet Study.

Two vendors responded, and Mercury Associates, Inc. was selected as the most responsive and responsible vendor.

Since the release of the request for proposals, the Equipment Maintenance Division has been working closely with the Information Technology Department and AssetWorks on the implementation resulting in the need for additional consulting services which will be provided by this contract.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are potential impacts to environmental sustainability and climate impacts that will be clarified by the fleet right sizing assessment which may reduce the number of overall fleet vehicles. The assessment will also support the overall fleet transition away from fossil fuels to electricity, and may recommend the purchase of alternative vehicle types such as electric bikes.

RATIONALE FOR RECOMMENDATION
The City conducted a competitive procurement process and selected the most responsive and responsible vendor. The Department has a critical business and operational need for these consulting services.

ALTERNATIVE ACTIONS CONSIDERED
None.

CONTACT PERSON
Joy Brown, Operations Manager, Public Works, 510-981-6629 Greg Ellington, Equipment Maintenance Superintendent, Public Works, 510-981-6469 Sean O’Shea, Administrative and Fiscal Manager, Public Works, 510-981-6306 Attachment:
1: Resolution

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

CONTRACT: MERCURY ASSOCIATES, INC. FOR FLEET

REPLACEMENT/MAINTENANCE STUDY AND CONSULTING SERVICES
WHEREAS, the City released Specification No. 22-11496 on May 3, 2022 for an Equipment Maintenance /Fleet Study; and
WHEREAS, two vendors responded, and Mercury Associates, Inc. was found to be the most responsive and responsible bidder; and
WHEREAS, the Public Works Equipment Maintenance Division requires consulting services to perform a comprehensive analysis of the fleet, policies and procedures related to vehicle replacement, usage, size, and vehicle standardization.

WHEREAS, Mercury Associates, Inc. will also provide as needed fleet consulting services including best utilization of AssetWorks; and
WHEREAS, funding for FY2024 is available in Equipment Replacement Fund 671 and Equipment Replacement Fund 672.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City of Berkeley adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Mercury Associates, Inc. to provide fleet replacement/equipment maintenance study and consulting services from December 1, 2023 through December 30, 2026 in an amount not to exceed $125,000.

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
November 14, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Liam Garland, Director, Department of Public Works Subject: Purchase Order: Western Truck Parts and Equipment for One Roll Off Truck

RECOMMENDATION
Adopt a Resolution satisfying requirements of City Charter Article XI Section 67.2 allowing the City Manager to participate in Sourcewell bid procedures and authorize the City Manager to execute a purchase order for one (1) Roll Off Truck with Western Truck Parts and Equipment in an amount not to exceed $335,000.

FISCAL IMPACTS OF RECOMMENDATION
The purchase of one Roll Off Truck will not exceed $335,0000 and includes freight, California tire fees, registration, extended warranty, training and sales tax. Funding for the purchase of these vehicles is available in the FY 2024 budget for Equipment Replacement Fund 671.

CURRENT SITUATION AND ITS EFFECTS
This purchase will replace unit 6360 which is a 2008 model vehicle that has reached the end of its useful life expectancy. The City Public Works Department Zero Waste Division provides refuse, recycling, mixed containers (Metal, plastic, aluminum), and food/green materials collection services for both residential and commercial community members. Collected material will be transported to the City’s Transfer Station for disposal or reuse.

BACKGROUND
Throughout the year, each City Department pays its proportionate share into the Equipment Replacement Fund, and those funds are utilized to replace equipment at the end of its useful life. If a vehicle purchase request exceeds $25,000, the Department of Finance, General Services Division solicits bids or piggybacks off competitively bid contracts to ensure City Departments receive the best pricing.

City Charter XI Section 67.2 allows the City to purchase goods without undergoing a competitive bid process if the City uses pricing obtained by another entity through a competitive process.

Purchase Order: Western Truck Parts and Equipment for CONSENT CALENDAR One Roll Off Truck November 14, 2023

The City is a no-cost member and participant of Sourcewell (formerly National Joint Powers Alliance) (NJPA), a municipal contracting agency operating under the legislative authority of Minnesota Statue 123A.21. The original statue was revised in 1995 to allow government clients to better meet their specific needs through participation in a service cooperative, rather than paying higher costs associated with individual procurement.

Sourcewell allows participating municipal agencies to leverage the benefits of cooperative purchasing and reduces procurement costs. Sourcewell serves all educational, government and non-profit agencies nationwide, and offers cooperative contracted products, equipment and service opportunities to government entities throughout the U.S.

The new 2024 Crane Carrier model LET2-40 Standard Cab Chassis will be purchased piggybacking off Sourcewell Contract No. 060920-CRN. All Sourcewell contracts have been competitively solicited nationwide. On April 16, 2020 Sourcewell released Request for Proposal No. 060920 for Class 4-8 Chassis with Related Equipment, Accessories, and Services. The solicitation was released for approximately fifty-five days and twenty- five proposals were submitted and received. Upon review, the Sourcewell proposal evaluation committee selected Crane Carrier Company, LLC, now known effective January 1, 2023 as Battle Motors, Inc., a chassis manufacturer, as the best most responsive proposer to meet the specifications thusly awarding Contract No. 060920- CRN. Western Truck Parts and Equipment is the authorized Norther California dealer for the Battle Motors who will handle the pre-delivery preparation of the unit with delivery to the City.

In conjunction, Battle Motors will be working with Amrep for the new 2024 roll off body.

Battle Motors will be piggybacking off Sourcewell Contract No. 040621-WQI for the body acquisition. On February 16, 2021 Sourcewell released Request for Proposal No. 040621 for Bulk Solid Waste and Recycling Equipment. The solicitation was released for approximately forty-nine days and twenty-one proposals were submitted and received. Upon review, the Sourcewell proposal evaluation committee selected Wastequip Manufacturing Company, LLC was the best most responsive submittal to meet the specifications thusly awarding Contract No. 040621-WQI. The Wastequip authorized dealer for roll off bodies is Amrep Manufacturing Company, LLC.

For all contracts, Sourcewell charges an administrative fee based upon the percentage of the sale. For this purchase the fee will be paid by the contractor Crane Carrier Company, LLC, now Battle Motors, Inc. directly to Sourcewell and will not be passed on to the City.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Public Works endeavors to procure the most fuel-efficient vehicles and equipment that are suitable for the required tasks. At present, the Zero Waste Division is actively pursuing the purchase of an additional roll off truck that would be 100% electric and is in the initial process of determining the best location and type of charger for this vehicle. It

Purchase Order: Western Truck Parts and Equipment for CONSENT CALENDAR One Roll Off Truck November 14, 2023

is anticipated that the authorization for this electric roll off truck and corresponding infrastructure will be requested by City Council in the next six to twelve months.

The Solid Waste & Recycling Transfer Station is undergoing a replacement project that will include electric vehicle charging capabilities that do not exist at this time for fleet charging. Once construction is completed, additional commercially available electric vehicle alternatives will be purchased.

RATIONALE FOR RECOMMENDATION
All City vehicles and equipment are due for replacement at the end of their recognized economic lifecycles. City departments that utilize fleet vehicles pay into the equipment replacement fund, which fully funds vehicle replacement as they reach the end of their lifecycle.

ALTERNATIVE ACTIONS CONSIDERED
None. Keeping equipment longer than its useful service life results in higher maintenance costs and excessive downtime in order to keep operating in a safe and serviceable manner.

CONTACT PERSON
Greg Ellington, Superintendent, Department of Public Works (510) 981-6469 Sherri Degnan, Senior Buyer, Department of Public Works (510) 981-7313 Joy Brown, Operations Manager, Department of Public Works (510) 981-6629 Sara Rubio, Temporary Fleet Procurement Specialist, (510) 981-5372 Attachment:
1: Resolution

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

WESTERN TRUCK PARTS AND EQUIPMENT FOR ONE ROLL OFF TRUCK WHEREAS, one (1) Roll Off Truck is needed by the City Public Works Zero Waste Division to provide refuse collection services for both residential and commercial community members; and
WHEREAS, the Roll Off Truck will replace unit 6360 which has reached the end of its useful life; and
WHEREAS, equipment must be replaced on a reasonable schedule that allows equipment operator to efficiently and effectively carry out their duties; and WHEREAS, City Charter XI Section 67.2 Section 67.2 allows the City to purchase goods without undergoing a competitive bid process if the City uses pricing obtained by another entity through a competitive bid process; and
WHEREAS, Sourcewell bid procedures satisfy the procurement requirements of the City; and
WHEREAS, funds in the amount of $335,000 are available in the FY 2024 Equipment Replacement Fund.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to execute a purchase order satisfying requirements of City Charter Article XI Section 67.2 allowing the city to participate in Sourcewell (formerly NJPA) bid procedures to purchase one Roll Off Truck with Western Truck Center in an amount not to exceed $335,000.

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
November 14, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Liam Garland, Director, Public Works
Subject: Purchase Order Amendment: Diesel Direct West, Inc. for Fuel for City Vehicles and Equipment

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to amend the multi-year purchase order with Diesel Direct West, Inc. for the purchase of fuel for City vehicles and emergency equipment (including generators,) increasing the combined amount by $400,000 for a total not-to-exceed amount of $11,894,000, through February 28, 2024.

FISCAL IMPACTS OF RECOMMENDATION
Funding to pay for continued fuel purchases is available in the FY 2024 Equipment Maintenance Fund (Fund 672) Budget. Individual departments are charged by the Equipment Maintenance Division for actual usage.

CURRENT SITUATION AND ITS EFFECTS
On July 18, 2023, the City issued Specification Number 23-11579-C, for Bulk Renewable Diesel and Gas Delivery services. Multiple fuel vendors responded and a new bulk diesel fuel vendor was chosen on September 21, 2023. A new four-year Contract with the successful bidder(s), for bulk diesel delivery services is currently in progress and anticipated to be submitted to City Council for Authority and executed by the City Manager by or before December 31, 2023.

Public Works’ Equipment Maintenance Division purchases fuel for use by the City’s vehicles and equipment, including emergency generators. Due to increasing fuel prices, the previously approved City Council total not-to-exceed amount with Diesel Direct is nearing the end of its authorized funding limit more rapidly than anticipated. To ensure uninterrupted delivery of fuel for the City’s fleet and emergency equipment, staff recommends approval of the proposed purchase order amendment.

Public Works’ Equipment Maintenance Division endeavors to procure the most fuel- efficient vehicles and equipment that are suitable for the required tasks. For every fleet purchase, staff researches the feasibility and availability of fully electric vehicles (EVs) and hybrid-electric powertrains to support the City’s transition from fossil fuels to renewable energy resources. However, for most medium and heavy-duty applications

Purchase Orders Extension: Diesel Direct, Inc. CONSENT CALENDAR for Fuel City Vehicles and Equipment November 14, 2023

that support Public Works operations and others, staff research finds that there are no viable EVs or equipment for consideration at this time. The current need for conventional and alternative fuel aligns with the 2020 Municipal Fleet Electrification assessment that recognizes the lack of commercially available and viable fully electric medium and heavy-duty vehicles.

This purchase order amendment supports the Strategic Plan Priority goal of creating a resilient, safe, connected, and prepared city.

BACKGROUND
In January, 2016, City Council approved, Resolution No. 67,363-N.S. for a four (4) year contract with three (2) year options to extend, for a total maximum period of ten years, with Golden Gate Petroleum (now Diesel Direct) for fuel and equipment for City vehicles and emergency equipment, for the total not-to-exceed amount of $7,444,000.

In 2018 Diesel Direct West, Inc. notified the City of Berkley that the company had acquired Golden Gate Petroleum’s fuel delivery business and would continue to offer the City the same service in terms of pricing, delivery, and schedule.

The City Manager signed an extension to term of contract extending the multi-year purchase order authorization term with Diesel Direct West, Inc. from June 30, 2020 to June 30, 2021 and again further extending the term through September 30, 2021.

City Council approved Resolution No. 70,026-N.S. on September 14, 2021, authorizing the City Manager to execute a purchase order extension with Diesel Direct, Inc. for fuel for City vehicles and equipment, increasing the combined amount by $1,400,000 for a new total not-to-exceed amount of $8,844,000, and extending the term through June 30, 2022.

City Council approved Resolution No. 70,428 N.S. on June 28, 2022, authorizing the City Manager to execute a purchase order extension with Diesel Direct, Inc. for fuel for City vehicles and equipment, increasing the combined amount by $1,900,000 for a new total not-to-exceed amount of $10,744,000, and extending the term through December 30, 2023.

City Council approved Resolution No. 70,791-N.S. on April 25, 2023, authorizing the City Manager to execute a purchase order extension with Diesel Direct, Inc. for fuel for City vehicles and equipment, increasing the combined amount by $750,000 for a new total not-to-exceed amount of $11,494,000.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The City currently uses a combination of renewable diesel, gasoline, and electricity to power its fleet and equipment. The City has used renewable diesel exclusively for diesel vehicles and equipment since 2016. The City is urgently transitioning its light duty fleet

Purchase Orders Extension: Diesel Direct, Inc. CONSENT CALENDAR for Fuel City Vehicles and Equipment November 14, 2023

to electric but will need to continue to purchase fuel as commercially available and viable fully electric medium and heavy-duty vehicles are not available at this time.

In June 2020, the City Council received the Municipal Fleet Electrification Assessment. The assessment proposed to install 51 charging stations with 100 chargers and upgrade all 129 vehicles in the light-duty fleet to EVs by the year 2030. Public Works (PW) has made significant progress toward the electrification of the City's municipal fleet by installing 31 charging stations with 61 chargers and transitioning the City's existing light-duty fleet. In 2020, there were 46 hybrids and 15 plug-in hybrid vehicles. Since, PW has facilitated vehicle orders/purchases for 48 EVs (sedans and pickups), 26 hybrid SUVs for the Police Department, and 23 renewable diesel vehicles to replace gasoline vehicles. These improvements are moving the City's fleet towards a fossil-free goal and have reduced its consumption of traditional gasoline by 37% from its 2001 peak.

Public Works is on track to complete the conversion of the light-duty fleet to EVs by 2028, two years ahead of the assessment’s schedule. Additionally, funding was allocated to the Public Works Capital Improvement Fund to construct charging infrastructure for the Corporation Yard. This project is currently in the design phase with anticipated construction beginning in the Fall of 2023.

Additionally, the City is transitioning away from compressed natural gas vehicles to renewable diesel to further reduce the carbon footprint of the City’s fleet.

RATIONALE FOR RECOMMENDATION
Fuel, primarily renewable diesel, is required for the City’s fleet including emergency response vehicles, critical equipment, and emergency generators. With the ongoing volatility of the fuel market, backed up by monitoring Oil Pricing Information Service (OPIS) prices, staff finds extension of the current purchase order to be prudent and cost-effective option ensuring a continued, uninterrupted supply of fuel for City vehicles and emergency equipment until a contract with a new vendor can be finalized.

ALTERNATIVE ACTIONS CONSIDERED
The City can choose to purchase fuel on the open market without indexed price or cost savings from volume considerations. However, this is not recommended since the City will be unable to realize any cost savings.

CONTACT PERSON
Greg Ellington, Equipment Superintendent, Public Works, (510) 981-6469 Joy Brown, Operations Manager, Public Works, (510) 981-6629

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

PURCHASE ORDERS EXTENSION: DIESEL DIRECT, INC. FOR FUEL FOR CITY

VEHICLES AND EQUIPMENT
WHEREAS, fuel is needed for purchase by Public Works Equipment Maintenance for use by City vehicles and equipment including emergency generators, and by the Fire Department for fuel at City fire stations; and
WHEREAS, on January 26, 2016, City Council approved, Resolution No. 67,363-N.S. for a four (4) year contract with three (2) year options to extend, for a total maximum period of ten years, with Golden Gate Petroleum (now Diesel Direct) for fuel for City vehicles and emergency equipment in the amount not-to-exceed $7,444,000; and WHEREAS, in 2018 Diesel Direct West, Inc. notified the City that the company had acquired Golden Gate Petroleum’s fuel delivery business and would continue to offer the City the same in terms of pricing, delivery, and schedule; and WHEREAS, the City Manager signed an extension to term of contract extending the multi-year purchase order authorization term with Diesel Direct West, Inc. from June 30, 2020 to June 30, 2021 and again extending the term through September 30, 2021.

WHEREAS, on September 14, 2021, City Council approved Resolution No. 70-026 N.S. authorizing the City Manager to execute a purchase order extension with Diesel Direct, Inc. for fuel for City vehicles and emergency equipment, increasing the combined amount by $1,400,000 for a new total not-to-exceed amount of $8,844,000, and extending the term through June 30, 2022; and
WHEREAS, on June 28, 2022 City Council approved Resolution No. 70,428 N.S. authorizing the City Manager to execute a purchase order extension with Diesel Direct, Inc. for fuel for City vehicles and emergency equipment, increasing the combined amount by $1,900,000 for a new total not-to-exceed of $10,744,000, and extending the term through December 30, 2023; and
WHEREAS, on April 25, 2023, City Council approved Resolution No. 70,791-N.S. authorizing the City Manager to execute a purchase order extension with Diesel Direct, Inc. for fuel for City vehicles and emergency equipment, increasing the combined amount by $750,000 for a new total not-to-exceed amount of $11,494,000; and WHEREAS, on July 18, 2023, the City issued Specification Number 23-11579-C soliciting bulk renewable diesel fuel delivery services and the City is in the process of selecting a fuel delivery vendor(s) chosen; and

November 14, 2023

WHEREAS, funding will be appropriated in the FY 2024 budget in General Fund 011 and Equipment Maintenance Fund 672.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to execute a purchase order extension with Diesel Direct, Inc. for fuel for City vehicles and equipment, increasing the combined amount by $400,000 for a total not-to-exceed amount of $11,894,000.

2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7120 ● E-Mail: [email protected]

CONSENT CALENDAR
Nov. 14, 2023
To: Honorable Mayor and Members of the City Council
From: Councilmember Taplin, Councilmember Hahn (co-sponsor), Councilmember Harrison (co-sponsor)
Subject: Budget Referral: Berkeley Junior Jackets Facilities Expenses

RECOMMENDATION
Refer to the Annual Appropriations Ordinance #2 process $7,000 to provide Young Lives Matter Foundation, Inc. the necessary funds for the Berkeley Junior Jackets youth sports program’s operating expenses associated with the use of Berkeley Unified School District facilities.

FINANCIAL IMPLICATIONS
$7,000.

BACKGROUND
Since 2017, the nonprofit Young Lives Matter Foundation has operated the Berkeley Junior Jackets athletics program to build community through leadership, wellness, academic, and sports programming for Berkeley’s young people. As an all-volunteer organization, Junior Jackets is doing invaluable work for Berkeley’s families and children with intensely limited resources, and is continuously fundraising to maintain operations. Their programs are of particular importance to the Black families that call South and West Berkeley home, as well as those displaced from Berkeley. The Berkeley Jr Jackets mission of encouraging positive life choices while dealing with academic achievement, personal nutrition, social acceptance, domestic violence, homelessness, and bullying is of immeasurable importance at a time when violence has escalated in South and West Berkeley. Nonprofit community-based services such as Berkeley Jr Jackets need active support from local government so that they can pursue their mission at full capacity.

The Berkeley City Council approved a $6,000 allocation for Berkeley Junior Jackets in November 2022. A $7,000 allocation would defray the full rental costs for the season’s games and practices, with an additional $200 left over for equipment and uniforms.

Supporting free youth sports programming and mentorship in the community advances our Strategic Plan’s goal to champion and demonstrate social and racial equity.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
None.

Budget Referral: Berkeley Junior Jackets Facilities CONSENT CALENDAR

CONTACT PERSON
Councilmember Taplin Council District 2 510-981-7120
Attachments:
1: Berkeley Unified School District Property Management Invoice and Permit: Jacket Stadium (7/19/23)
2: Berkeley Unified School District Property Management Invoice and Permit: Jacket Field and the Wrestling Room (8/22/23)
3: Urgent Item: Budget Referral: Berkeley Junior Jackets (November 2022)

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

SHORT TITLE OF RESOLUTION HERE
WHEREAS, (Whereas' are necessary when an explanation or legislative history is required); and
WHEREAS, (Insert Additional 'Whereas Clauses' as needed); and WHEREAS, enter text here; and
WHEREAS, enter text here; and
WHEREAS, (The last "Whereas" paragraph should contain a period (.) .

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that (Action to be taken) - ends in a period (.).

BE IT FURTHER RESOLVED that (for further action if needed; if not delete) - ends in a period (.).

Exhibits [Delete if there are NO exhibits]
A: Title of the Exhibit
B: Title of the Exhibit

Berkeley Unified School District
PROPERTY MANAGEMENT INVOICE and PERMIT
Date: 7/19/23
Permit #24-0003
Invoice # 24-0003
To:Berkeley Jr Jackets
Facility: Jacket Stadium
Date of use: 8/20, 8/26, 9/9, 9/23 & 10/6
Hours of use: 7a-6p
Custodial fees: $546 per game
Rental fees: $396 per game
TOTAL DUE: $4710
Certificate of insurance on file expires .

Payment is due 10 days before the date of use. If payment is not received by due date this permit will be canceled.

Please make cashier’s check or money order payable to: Berkeley Unified School District and refer to your permit number on all correspondence and payments. Send payment to:

Jeff Snow
Facility Manager
C/O Berkeley High School
1980 Allston way
Berkeley, CA 94704
Jeffrey Snow
Berkeley High School Facility Manager
(510) 644-4567

Berkeley Unified School District
PROPERTY MANAGEMENT INVOICE and PERMIT
Date: 8/22/23
Permit #24-0007
Invoice # 24-0007
To:Berkeley Jr Jackets Practices
Facility: Jacket Field and the Wrestling Room
Date of use: 8/21-9/1 (5 days a week) 9/4-10/20 (3 days a week) Hours of use: 7:30-9:00p
Custodial fees: 0
Rental fees: $2090
TOTAL DUE: $2090
Certificate of insurance on file expires .

Payment is due 10 days before the date of use. If payment is not received by due date this permit will be canceled.

Please make cashier’s check or money order payable to: Berkeley Unified School District and refer to your permit number on all correspondence and payments. Send payment to:

Jeff Snow
Facility Manager
C/O Berkeley High School
1980 Allston way
Berkeley, CA 94704
Jeffrey Snow
Berkeley High School Facility Manager
(510) 644-4567

URGENT ITEM

AGENDA MATERIAL
Government Code Section 54954.2(b)
Rules of Procedure Chapter III.C.5

THIS ITEM IS NOT YET AGENDIZED AND MAY OR MAY NOT BE

ACCEPTED FOR THE AGENDA AS A LATE ITEM, SUBJECT TO THE
CITY COUNCIL’S DISCRETION ACCORDING TO BROWN ACT RULES
Meeting Date: November 15, 2022
Item Description: Budget Referral: Berkeley Junior Jackets Field Use Expenses This item is submitted pursuant to the provision checked below:

Emergency Situation (54954.2(b)(1) - majority vote required) Determination by a majority vote of the legislative body that an emergency situation exists, as defined in Section 54956.5.

X Immediate Action Required (54954.2(b)(2) - two-thirds vote required) There is a need to take immediate action and the need for action came to the attention of the local agency subsequent to the agenda for this meeting being posted.

Once the item is added to the agenda (Consent or Action) it must be passed by the standard required vote threshold (majority, two-thirds, or 7/9).

Facts supporting the addition of the item to the agenda under Section 54954.2(b) and Chapter III.C.5 of the Rules of Procedure:

Berkeley Junior Jackets is an all-volunteer non-profit that has led youth sports and education programing alongside the organization Youth Lives Matter since 2017. In recent years, the organization has paid Berkeley Unified School District for the use of the fields at Berkeley High School for many of their games. The costs for using these fields are incredibly burdensome for an organization running without profit. The City of Berkeley must do what it can to support programs like the Jr Jackets, which primarily serves Berkeley’s Black youth, with funding when opportunities such as this one arise.

A budget allocation at this time is necessary in order to allow Jr Jackets to plan for its next year of programming.

CONSENT CALENDAR
November 15, 2022
To: Honorable Mayor and Members of the City Council
From: Councilmember Terry Taplin
Subject: Budget Referral: Berkeley Junior Jackets Field Use Expenses

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.

FISCAL IMPACTS
An estimated $6,000 for the use of Berkeley High School’s field during the 2023-2024 school year.

BACKGROUND
Since 2017, Berkeley Junior Jackets has worked in conjunction with Youth Lives Matter to build community through leadership, wellness, academic, and sports programing for Berkeley’s young people. As an all-volunteer agency, Junior Jackets is doing invaluable work for Berkeley’s families and children with intensely limited resources. Their programs are of particular importance to the Black families that call South and West Berkeley home, as well as those displaced from Berkeley. The Berkeley Jr Jackets mission of encouraging positive life choices while dealing with academic achievement, personal nutrition, social acceptance, domestic violence, homelessness, and bullying is of immeasurable importance at a time when violence continues to wreak havoc on West Berkeley communities. Organizations such as Jr Jackets, which runs without profit and is limited in its resources, require active support from local government so that they can pursue their mission at the height of their ability.

ENVIRONMENTAL IMPACTS
None.

CONTACT
Terry Taplin, Councilmember, District 2, (510) 981-7120

Susan Wengraf
Councilmember District 6
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7160 ● TDD: (510) 981-6903 ● Fax: (510) 981-7166 E-Mail: [email protected]

CONSENT CALENDAR
November 14, 2023
To: Honorable Mayor and Members of the City Council
From: Councilmember Wengraf (Author), Mayor Arreguin (Co-Sponsor) Subject: Memorandum of Understanding for East Bay Hills Regional Wildfire Prevention and Coordination

RECOMMENDATION
Adopt a resolution authorizing the City of Berkeley to enter into a Memorandum of Understanding (MOU) with other jurisdictions in Alameda and Contra Costa Counties to form a Wildfire Prevention Coordinating Group (WPCG) to improve regionwide collaboration to reduce wildfire risk.

FINANCIAL IMPLICATIONS
The City of Berkeley previously contributed $4,000 as its share of funding for the creation of the MOU. WPCG members may implement dues to fund activities if agreed to by 100% of WPCG members.

CURRENT SITUATION
The WPCG’s primary purpose will be to provide regional coordination among elected officials and policy support to fire chiefs and their staff to support:
 the development of model fire codes, and
 joint plans to reduce flammable vegetation and replace it with wildfire resistant vegetation where appropriate, and
 to identify and apply for state, federal or other funds to assist with wildfire risk mitigation activities, and
 to support planning for wildfire evacuations and response, especially where efforts cross jurisdictional boundaries between one or more of the Participating Agencies, and
 to work cooperatively to influence legislation at the State level to mitigate wildfire risk and to make wildfire safety a priority.

BACKGROUND
The risk of catastrophic wildfire is growing due to changing conditions driven by climate change. The Camp Fire, which swept through the town of Paradise in 2018, causing 85

East Bay Hills Regional Wildfire Prevention and Coordination MOU CONSENT CALENDAR November 14, 2023

deaths and destroying more than 18,000 buildings, was the deadliest and most destructive wildfire in California’s history. The wildfire that swept across parts of Maui, destroying much of Lahaina on August 8, 2023, killed at least 97 people, making it one of the deadliest in the nation.

Wildfires can be so intense that the Berkeley Fire Department now advises residents in the Berkeley Hills to leave their homes in advance of Extreme Fire Weather, when forecasted wind speeds, temperature and low humidity produce especially risky conditions in Berkeley. A wildfire that gains enough momentum during these extreme conditions is virtually unstoppable until winds change. Embers flying ahead of a firestorm can easily ignite homes in areas of Berkeley outside of the hills. This occurred during the 2017 Tubbs Fire which raced through the Coffey Park neighborhood in Santa Rosa.

Given the growing danger of wildfire, a regional approach to mitigating risk is practical.

Wildfire does not respect geographic boundaries so coordination and collaboration between jurisdictions is essential. City Council adopted a resolution on September 14, 2021 in support of considering a Joint Powers Authority (JPA) of more than 20 municipalities, counties, and fire districts in the East Bay Hills to facilitate coordination of wildfire safety and prevention.

For the past three years, Councilmember Wengraf, Mayor Arreguín and Fire Department Staff attended meetings to discuss the creation of a Joint Powers Authority.

During those discussions, consensus grew that a JPA, which would create a new government entity, was unnecessary. Instead, participants agreed to establish a coordinating group via a MOU. A smaller working group was established to draft the MOU. Berkeley was well represented in the working group.

On June 28, 2023, public officials representing 28 jurisdictions met to discuss the final draft of the MOU. Since, the City Attorney, Fire Chief, Mayor and Councilmember Wengraf have all reviewed and approved the MOU. The next step is for Council to approve the MOU.

After approval of the MOU by all participating agencies, the first meeting of the new Wildfire Prevention and Coordination Group (WPCG) will be scheduled.

ENVIRONMENTAL SUSTAINABILITY
Wildfire has an enormously negative impact on environmental sustainability and climate change. The World Health Organization states that, “Wildfire smoke is a mixture of hazardous air pollutants, such PM2.5, NO2, ozone, aromatic hydrocarbons, or lead. In addition to contaminating the air with toxic pollutants, wildfires also simultaneously impact the climate by releasing large quantities of carbon dioxide and other greenhouse gases into the atmosphere.” This regional MOU to coordinate wildfire prevention strategies will reduce the chances of catastrophic wildfire in the East Bay Hills.

CONTACT PERSON
Councilmember Wengraf Council District 6 510-981-7160

East Bay Hills Regional Wildfire Prevention and Coordination MOU CONSENT CALENDAR November 14, 2023

Attachments:
1: Resolution
2: MOU for adoption
3: 2021.0914 Resolution Expressing Conceptual Support for JPA 2: List of all attendees at the June 28 Stakeholders meeting 3: Presentation from the June 28 meeting

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

EAST BAY HILLS REGIONAL WILDFIRE PREVENTION AND COORDINATION MOU WHEREAS, the risk of catastrophic wildfire is growing due to changing conditions driven by climate change; and
WHEREAS, wildfire’s frequency and intensity demand regional wildfire prevention strategies and actions to keep residents safe; and
WHEREAS, the Berkeley City Council adopted a resolution on September 14, 2021 in support of considering a Joint Powers Authority (JPA) among more than 20 municipalities, counties, and fire districts in the East Bay Hills to facilitate coordination of wildfire safety and prevention; and
WHEREAS, Councilmember Wengraf, Mayor Arreguín and Fire Department staff attended these meetings, ultimately agreeing to establish a coordinating group, the Wildfire Prevention Coordinating Group, via a Memorandum of Understanding as an alternate structure to a JPA.

NOW THEREFORE, BE IT RESOLVED that the Council of the City of Berkeley approves the Memorandum of Understanding for Coordination of Wildfire Prevention Activities to Protect the East Bay Hills in Alameda and Contra Costa Counties.

Exhibits
A: MOU

East Bay Hills Regional Wildfire Prevention and Coordination MOU CONSENT CALENDAR November 14, 2023

East Bay Hills Regional Wildfire Prevention and Coordination MOU CONSENT CALENDAR November 14, 2023

East Bay Hills Regional Wildfire Prevention and Coordination MOU CONSENT CALENDAR November 14, 2023

East Bay Hills Regional Wildfire Prevention and Coordination MOU CONSENT CALENDAR November 14, 2023

East Bay Hills Regional Wildfire Prevention and Coordination MOU CONSENT CALENDAR November 14, 2023

East Bay Hills Regional Wildfire Prevention and Coordination MOU CONSENT CALENDAR November 14, 2023

East Bay Hills Regional Wildfire Prevention and Coordination MOU CONSENT CALENDAR November 14, 2023

East Bay Hills Regional Wildfire Prevention and Coordination MOU CONSENT CALENDAR November 14, 2023

East Bay Hills Regional Wildfire Prevention and Coordination MOU CONSENT CALENDAR November 14, 2023

East Bay Hills Regional Wildfire Prevention and Coordination MOU CONSENT CALENDAR November 14, 2023

East Bay Hills Regional Wildfire Prevention and Coordination MOU CONSENT CALENDAR November 14, 2023

East Bay Hills Regional Wildfire Prevention and Coordination MOU CONSENT CALENDAR November 14, 2023

East Bay Hills Regional Wildfire Prevention and Coordination MOU CONSENT CALENDAR November 14, 2023

East Bay Hills Regional Wildfire Prevention and Coordination MOU CONSENT CALENDAR November 14, 2023

East Bay Hills Regional Wildfire Prevention and Coordination MOU CONSENT CALENDAR November 14, 2023

East Bay Hills Regional Wildfire Prevention and Coordination MOU CONSENT CALENDAR November 14, 2023

East Bay Hills Regional Wildfire Prevention and Coordination MOU CONSENT CALENDAR November 14, 2023

East Bay Hills Regional Wildfire Prevention and Coordination MOU CONSENT CALENDAR November 14, 2023

East Bay Hills Regional Wildfire Prevention and Coordination MOU CONSENT CALENDAR November 14, 2023

East Bay Hills Regional Wildfire Prevention and Coordination MOU CONSENT CALENDAR November 14, 2023

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

PUBLIC HEARING
November 14, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Eleanor Hollander, Economic Development Manager Subject: Renewal of the Elmwood Avenue BID for Calendar Year 2024

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”) and, if no majority protest exists, levy annual assessments in the District for calendar year 2024 to finance services and improvements and authorize a fiscal agency contract with Elmwood Business Association for receipt and expenditure of District funds.

FISCAL IMPACTS OF RECOMMENDATION
Projected BID revenue of approximately $30,000 will be deposited into the Elmwood BID Fund, and expensed from budget code 782-21-208-251-0000-000-446-636110.

The BID constitutes an independent funding source that must be targeted to commercial revitalization efforts that are recommended by the Advisory Board. The City of Berkeley operates a parking lot within the district and will thus be assessed $1,000, paid through the Off-Street Parking Fund (835-4942-410-4046). To the extent that the work of the Elmwood BID enhances the development of the Elmwood and its business climate over the long term, the BID contributes towards improving City revenues through increased sales and property taxes.

CURRENT SITUATION AND ITS EFFECTS
Under the State of California Parking and Business Improvement Area law of 1989 (California Streets and Highways Code Section 36500 et. seq.) that authorized the establishment of the Elmwood BID, the City Council must hold a public hearing before levying assessments for 2024. The renewal process was initiated on October 10, 2023, when Council approved by Resolution No. 71,078-N.S. (Attachment 1, Exhibit A) the Annual report of 2023 and budget for 2024 and set the public hearing date for November 14, 2023. The City Clerk noticed businesses in the Elmwood BID area by publishing Resolution No. 71,078-N.S. in a newspaper of general circulation. If no majority protest is received at the public hearing, at its conclusion the City Council may confirm the Annual report of 2023 and budget for 2024 and levy assessments.

Renewal of the Elmwood Avenue BID for Calendar Year 2024 PUBLIC HEARING November 14, 2023

BACKGROUND
The Elmwood BID was established in November 2013 to provide the Elmwood Business Association with a sustainable, predictable source of funding for its activities to promote, maintain and beautify the Elmwood commercial district. The Elmwood Business Association has used the funds raised through the BID to implement a variety of activities such as marketing, place-based branding, events, and capital improvements.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
By maintaining and enhancing the district, the Elmwood BID creates shopping opportunities for residents and visitors alike while encouraging alternative forms of transportation. The environmental enhancements contribute to making the Elmwood a more pleasant walking destination. Because the district is served by public transportation and biking infrastructure, these services indirectly support environmental sustainability goals of encouraging alternative transportation choices.

RATIONALE FOR RECOMMENDATION
State law requires that the City Council annually renew the Elmwood BID by conducting a public hearing on the proposed renewed assessment for the coming year.

ALTERNATIVE ACTIONS CONSIDERED
The Advisory Board has considered many alternatives for expenditure of its limited revenues and has decided upon the activities described in the Annual Report as its priorities for 2024.

CONTACT PERSON
Kieron Slaughter, Office of Economic Development, 510-981-2490 1: Resolution
Exhibit A: Resolution No. 71,078-N.S., with incorporated Annual Report, map of the District and Assessment table
2: Public Hearing Notice

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

CONFIRMING THE ANNUAL REPORT FOR THE ELMWOOD BUSINESS

IMPROVEMENT DISTRICT (BID), LEVYING AN ANNUAL ASSESSMENT FOR THE ELMWOOD BID FOR 2024, AND AUTHORIZING A CONTRACT OR CONTRACT

AMENDMENTS WITH ELMWOOD BUSINESS ASSOCIATION TO SERVE AS FISCAL

AGENT FOR RECEIPT AND EXPENDITURE OF ELMWOOD BID FUNDS
WHEREAS, the Elmwood Business Improvement District (BID) Advisory Board recommended an Annual Report to the Berkeley City Council that outlined the activities of the District proposed for the year 2024, including a budget for said activities, as required by California Streets and Highways Code Section 36533 and Berkeley Municipal Code Section 7.97.080; and
WHEREAS, on October 10, 2023, the City Council by Resolution No. 71,078-N.S. (attached as Exhibit A) approved the Annual Report and proposed budget of the Elmwood BID for 2023-24 and declared its intent to levy an assessment in the District to finance the proposed activities for the calendar year 2024; and WHEREAS, Resolution No. 71,078-N.S. also scheduled a public hearing for November 14, 2023, to consider levying said assessment and gave notice that interested parties could attend and be heard on the issue, for and against; and WHEREAS, the City Clerk has notified potential assessees of the public hearing by publishing the Resolution of Intention in a newspaper of general circulation; and WHEREAS, the public hearing has now been held and there has not been protests by business owners who collectively pay 50 percent or more of the assessment proposed to be levied.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that any protests are overruled and the Annual Report of the Elmwood BID is confirmed, thereby levying an annual assessment for the Elmwood BID for calendar year 2024.

BE IT FURTHER RESOLVED that the Council authorizes the City Manager to enter into a contract or contract amendments with Elmwood Business Association to receive and spend funds for purposes approved in the Annual Report and Budget and as directed by the Elmwood BID Advisory Board.

Exhibit A: Resolution No. 71,078-N.S., including the 2023-24 Annual Report, map of the District and Assessment Table

Exhibit APage 4 of 12

NOTICE OF PUBLIC HEARING

BERKELEY CITY COUNCIL

RENEWAL OF THE ELMWOOD BUSINESS IMPROVEMENT DISTRICT
AND LEVYING OF ASSESSMENT FOR 2024
The Elmwood Business Improvement District (BID) Advisory Board is proposing that the Berkeley City Council confirm the Annual Report of the Elmwood BID for 2023 and levy an assessment for 2024.

The hearing will be held on November 14, 2023 at 6:00 p.m. at the Berkeley School District Board Room, 1231 Addison Street, Berkeley, CA 94702 A copy of the agenda material for this hearing will be available on the City’s website at www.berkeleyca.gov as of November 2, 2023.

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

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

If you do not want your contact information included in the public record, please do not include that information in your communication. Please contact the City Clerk at (510) 981-6900 or [email protected] for further information.

For further information, please contact Kieron Slaughter, Office of Economic Development, at 510-981-2490.

Published: Resolution of Intention No. 71,078-N.S. October 27, 2023 –Berkeley Voice As required by Streets and Highways Code Section 36534. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ I hereby certify that the Notice for this Public Hearing of the Berkeley City Council was posted at the display case located near the walkway in front of the Maudelle Shirek Building 2134 Martin Luther King Jr. Way, as well as on the City’s website, on November 2, 2023.

Mark Numainville, City Clerk

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

PUBLIC HEARING
November 14, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Eleanor Hollander, Economic Development Manager Subject: Renewal of the Solano Avenue BID for Calendar Year 2024

RECOMMENDATION
Conduct a public hearing and, upon conclusion, adopt a Resolution confirming the Annual Report and Budget for the Solano Avenue Business Improvement District (hereafter, “Solano BID Advisory Board” or “the BID”) for 2023-2024 and, if no majority protest exists, levy annual assessments in the District for calendar year 2024 to finance services and improvements and authorize a fiscal agency contract for receipt and expenditure of District funds.

FISCAL IMPACTS OF RECOMMENDATION
Projected BID revenue of approximately $25,000 will be deposited into the Solano Avenue BID Fund, revenue budget code 783-21-208-251-0000-000-000-412110 and expensed from budget code 783-21-208-251-0000-000-446-636110. The BID constitutes an independent funding source that must be targeted to commercial revitalization efforts that are recommended by the Solano BID Advisory Board. The work of the Solano BID enhances the economic development of Solano Avenue and its business climate over the long term, and therefore the BID contributes towards improving City revenues through increased sales and property taxes.

CURRENT SITUATION AND ITS EFFECTS
Under the State of California Parking and Business Improvement Area law of 1989 (California Streets and Highways Code Section 36500 et. seq.) that authorized the establishment of the Solano Avenue BID, the City Council must hold a public hearing before levying assessments for 2024. The renewal process was initiated on October 10, 2023, when Council approved by Resolution No. 71,079–N.S. (See Attachment 1, Exhibit A) the Annual report and budget for 2023-24 sent to it by the Advisory Board and set the public hearing date for November 14, 2023. (The Annual Report with a budget is part of Attachment 1, Exhibit A). The City Clerk noticed businesses in the Solano Avenue BID area by publishing Resolution No. 71,079–N.S. in a newspaper of general circulation. If no majority protest is received at the public hearing, at its conclusion the City Council may confirm the Annual report and budget for 2024 and levy assessments.

Renewal of the Solano Avenue BID for Calendar Year 2024 PUBLIC HEARING November 14, 2023

BACKGROUND
Since its revival in May 2012, the Solano BID Advisory Board has used Solano BID revenues to finance three programs: 1) a tree watering contract to ensure the health of 48 young street trees on Solano; 2) installing a program of 40 hanging planter baskets on light poles; and 3) sponsorship of events that attract customers to the district and improvements that enhance the pedestrian experience. In 2023, the BID program has focused on sponsoring activities and improvements intended to market and promote the Solano Avenue business district. In the wintertime, the BID in conjunction with the Solano Avenue Association (which represents both Albany and Berkeley businesses along Solano Avenue) pays a contractor to erect holiday lights and decorations on City street light poles. This will continue for the 2023-24 season. Although the BID will spend a good portion of its funds on the holiday décor program, in the remainder of 2023 it has initiated an expanded landscaping program to clean and level tree wells and water existing hanging flower baskets. BID expenditures are to be made through an established fiscal agency contract with Telegraph Property and Business Management Corporation (Telegraph PBMC).

ENVIRONMENTAL SUSTAINABILITY
By maintaining and enhancing the district, the Solano BID creates shopping opportunities for residents and visitors alike while encouraging alternative forms of transportation. The environmental enhancements such as the added street trees, hanging planters, parklet, and holiday decorations contribute to making Solano a more pleasant walking destination. Because the District is well served by public transportation and biking infrastructure, these services indirectly support environmental sustainability goals of encouraging alternative transportation modes.

RATIONALE FOR RECOMMENDATION
State law requires that the City Council annually renew the Solano BID by conducting a public hearing on the proposed renewed assessment for the coming year.

ALTERNATIVE ACTIONS CONSIDERED
No alternative actions were considered.

CONTACT PERSON
Vincent McCoy, Secretary to the Solano BID Advisory Board, (510) 981-7043.

Attachments
1: Resolution
Exhibit A: Resolution No. 71,079–N.S. with incorporated Annual Report, Budget, District Map, and Assessment table
2: Public Hearing Notice

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

CONFIRMING THE ANNUAL REPORT AND BUDGET FOR THE SOLANO AVENUE

BUSINESS IMPROVEMENT DISTRICT (BID), LEVYING AN ANNUAL
ASSESSMENTFOR THE SOLANO AVENUE BID FOR 2024, AND AUTHORIZING A

CONTRACT OR CONTRACT AMENDMENTS WITH A SUITABLE NON-PROFIT TO

SERVE AS FISCAL AGENT FOR RECEIPT AND EXPENDITURE OF SOLANO AVENUE BID FUNDS.

WHEREAS, the Solano Avenue Business Improvement District (BID) Advisory Board recommended an Annual Report to the Berkeley City Council that outlined the activities of the District proposed for the year 2024, including a budget for said activities, as required by California Streets and Highways Code Section 36533 and Berkeley Municipal Code Section 7.97.080; and
WHEREAS, on October 10, 2023, the City Council by Resolution No. 71,079–N.S. (attached as Exhibit A) approved the Annual Report and proposed budget of the Solano Avenue BID for 2023-24 and declared its intent to levy an assessment in the District to finance the proposed activities for the calendar year 2024; and WHEREAS, Resolution No. 71,079–N.S. also scheduled a public hearing for November 14, 2023, to consider levying said assessment and gave notice that interested parties could attend and be heard on the issue, for and against; and WHEREAS, the City Clerk has notified potential assessees of the public hearing by publishing the Resolution of Intention in a newspaper of general circulation; and WHEREAS, the public hearing has now been held and there has not been protests by business owners who collectively pay 50 percent or more of the assessment proposed to be levied.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that protests are over-ruled and the Annual Report of the Solano Avenue BID is confirmed, thereby levying an annual assessment for the Solano Avenue BID for calendar year 2024.

BE IT FURTHER RESOLVED that the Council authorizes the City Manager to enter into a contract or contract amendments with a suitable non-profit to receive and spend funds for purposes approved in the Annual Report and Budget and as directed by the Solano Avenue BID Advisory Board.

Exhibit A: Resolution No. 71,079–N.S. (October 10, 2023), including the 2023-24 Annual Report and Budget, District Map, and Assessment Table

Exhibit APage 4 of 12

NOTICE OF PUBLIC HEARING

BERKELEY CITY COUNCIL

RENEWAL OF THE SOLANO AVENUE BUSINESS IMPROVEMENT
DISTRICT AND LEVYING OF ASSESSMENT FOR 2024
The Solano Avenue Business Improvement District (BID) Advisory Board is proposing that the Berkeley City Council confirm the Annual Report of the Solano Avenue BID for 2023 and levy an assessment for 2024.

The hearing will be held on November 14, 2023 at 6:00 p.m. The hearing will be held via videoconference pursuant to Government Code Section 54953(e) and the state declared emergency.

A copy of the agenda material for this hearing will be available on the City’s website at www.berkeleyca.gov as of November 2, 2023.

For further information, please contact Vincent McCoy, Office of Economic Development, at (510) 981-7043.

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

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

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

Published: Resolution of Intention No. 71,079–N.S., October 27, 2023 – Berkeley Voice As required by Streets and Highways Code Section 36534. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ I hereby certify that the Notice for this Public Hearing of the Berkeley City Council was posted at the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way, as well as on the City’s website, on November 2, 2023.

Mark Numainville, City Clerk

Fair Campagn Practices Commission

PUBLIC HEARING
November 14, 2023
To: Honorable Mayor and Members of the City Council
From: Jim Hynes, Chair, Fair Campaign Practices Commission Submitted by: Samuel Harvey, Secretary, Fair Campaign Practices Commission Subject: Amendments to the Berkeley Election Reform Act to ensure consistency within the Act for cost of living adjustments and committee reporting requirement thresholds

RECOMMENDATION
Conduct a public hearing and, upon conclusion, adopt first reading of an ordinance amending the Berkeley Election Reform Act (BMC Chapter 2.12) to (1) amend provisions related to filing requirement thresholds to be consistent with recent amendment to qualification threshold for committees; and (2) add two dollar amount thresholds to the list of amounts subject to cost of living adjustments in order to maintain consistency with other associated amounts.

FISCAL IMPACTS OF RECOMMENDATION
None.

CURRENT SITUATION AND ITS EFFECTS
These recommended amendments to the Berkeley Election Reform Act (“BERA”) were approved by the Fair Campaign Practices Commission (“FCPC”) at its regular meeting of October 19, 2023.

Action: M/S/C (Isselbacher/Saginor) Motion to approve amendments to the Berkeley Election Reform Act for submission to the City Council.

Vote: O’Donnell, Ching, Saginor, Isselbacher, Hernandez, Hynes; Noes: none; Abstain:
none; Absent: Blome.

Pursuant to Berkeley Municipal Code Section 2.12.051, BERA may be amended by the “double green light” process. This process requires that the FCPC adopt the amendments by a two-thirds vote, and the City Council hold a public hearing and adopt the amendments by a two-thirds vote.

BACKGROUND
The Fair Campaign Practices Commission has approved a set of proposed technical amendments to the Berkeley Election Reform Act (BERA) to amend sections of BERA which have been affected by the 2021 adoption of a cost of living adjustment for the candidate contribution limit and subsequent amendments. (See BMC § 2.12.415.)

1. Amendment #1
Section 2.12.545 Cost of living adjustments
Section 2.12.271 Campaign statements--Additional filing requirements Section 2.12.335 Disclosure on campaign communications of certain contributions and loans
This proposed amendment addresses sections of BERA which use the now-obsolete $250 amount to set thresholds for filing and disclaimer requirements. The $250 threshold was presumably adopted in these contexts to parallel the candidate contribution limit.

Now that the candidate contribution limit changes with cost of living, and is currently set at $270, these other thresholds will need to be amended so that they will similarly change as cost of living adjustments are made to the candidate contribution limit.

Both Section 2.12.271 and Section 2.12.335 have dollar amount thresholds that are related to the now-obsolete $250 contribution limit. These two sections have been added to the list of indexed dollar amounts contained in Section 2.12.545. Section 2.12.545 requires that the amounts are adjusted in January of odd-numbered years. In order for the amounts in 2.12.271 and 2.12.335 to “catch-up” to the previously indexed amounts, language has been added to provide for the amounts in these sections to be adjusted immediately after the clean-up amendments have been adopted.

Section 2.12.271 adds additional filing requirements for committees that make contributions for or against ballot measures. The quarterly filing requirement in this section is for committees that make expenditures in excess of $250 in support of or in opposition to a city ballot measure. In order to keep this threshold tied to the contribution limit.

Section 2.12.335 requires the listing of the top-four contributors under “Major Funding Provided By” on certain campaign materials. The threshold for the top-four was established at “over $250” so that it only captured contributions that exceeded the individual person candidate contribution limit of $250.

2. Amendment #2

2.12.270 Campaign statement—filing requirements
This proposed amendment provides changes to provisions related to filing requirements in order to parallel the new threshold for qualification as a “committee,” which was increased from $250 to $1,000 following adoption of the cost of living adjustment for the candidate contribution limit.

The definition of a campaign committee was changed from a $250 threshold to a $1,000 threshold in Section 2.12.095. The related change to Section 2.12.270 reflects this update, but uses a cross-reference to Section 2.12.095 in order to keep the language relevant and current even if future amendments are adopted. Also, the amendment deletes the use of “telegram” as a communication method to help modernize the code.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
None.

RATIONALE FOR RECOMMENDATION
The purpose of these technical amendments is to ensure consistency between BERA’s interrelated provisions by amending sections of BERA which have been affected by the 2021 adoption of a cost of living adjustment for the candidate contribution limit and subsequent amendments.

ALTERNATIVE ACTIONS CONSIDERED
None.

CITY MANAGER

CONTACT PERSON
Jim Hynes, Chair, Fair Campaign Practices Commission, (510) 981-6998 Samuel Harvey, Commission Secretary, Fair Campaign Practices Commission (510) 981- 6998
Attachments:

1. Proposed ordinance amending BERA

ORDINANCE NO.

AMENDING BERKELEY MUNICIPAL CODE CHAPTER 2.12
BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. That Berkeley Municipal Code Section 2.12.545 is amended to read as follows:

2.12.545 Cost of living adjustments

2.12.545 Cost of living adjustments.

A) The Commission shall adjust the dollar amounts specified in Sections 2.12.167,

2.12.271, 2.12.335, 2.12.500.A.3, 2.12.500.A.6, 2.12.500.A.7, 2.12.500.A.8, 2.12.505.B, and 2.12.530.B.3.b for cost of living changes pursuant to Section 2.12.075 in January of every odd-numbered year following Council implementation. Such adjustments shall be rounded to the nearest ten dollars ($10) with respect to Sections 2.12.167, 2.12.500.A.3 and 2.12.530.B.3.b and one thousand dollars ($1,000) with respect to Section 2.12.505.B.

B) As soon as practicable after adoption of the amendments providing for the adjustment of Sections 2.12.271 and 2.12.335, but no later than December 31, 2024, the Commission shall perform an initial adjustment of the dollar amounts in those sections.

Section 2. That Berkeley Municipal Code Section 2.12.270 is amended to read as follows:

2.12.270 Campaign statement--Filing requirements.

A. Each candidate and each committee shall file no fewer than two campaign statements prior to an election, excluding run-off elections, and one campaign statement following the election, excluding run-off elections. Campaign statements shall be filed in accordance with the filing dates prescribed by state law. The semi-annual campaign statement that is filed pursuant to state law following an election shall serve as the post-campaign statement required by this section. If state law does not establish the filing dates for campaign statements, the commission shall set the necessary filing dates.

B. Each candidate and committee involved in a run-off election, and each committee supporting or opposing a candidate participating in a run-off election, shall file one campaign statement prior to the run-off election in addition to any other campaign statements required by this section and one campaign statement following the run-off election. The semi-annual statement that is filed pursuant to state law following a run-off election shall serve as the post-campaign statement required by this section. The campaign statements shall be filed in accordance with the filing dates prescribed by state law. If state law does not establish the filing dates for campaign statements in run-off elections, the commission shall set the necessary filing dates.

C. 1. Notwithstanding subsections A and B of this section, a candidate or officeholder who plans to receive contributions or make expenditures of less than the committee threshold in Section 2.12.095two hundred fifty dollars and who plans to make expenditures of less than two hundred fifty dollars in a calendar year may file a short form

campaign statement for that calendar year as prescribed by state laws and regulations.

The period covered by the short form is the calendar year. If No other campaign statements must be filed by athe candidate or officeholder who has filed a short form campaign statement for activity in the calendar year unless the candidate makesreceives two hundred fifty dollars or more in expenditures or receives contributions that exceed the committee threshold in Section 2.12.095, they must file campaign statements as required by subsections A or B, or other applicable sections of Chapter 2.12.

2. During the six months prior to an election in which the candidate or officeholder is being voted upon, a candidate or officeholder who files a short form campaign statement and subsequently receives contributions or makes expenditures exceeding the committee threshold in Section 2.12.095totaling two hundred fifty dollars or more or makes expenditures totaling two hundred fifty dollars or more during the calendar year shall send written notification to the City Clerk, and each candidate or officeholder contending for the same office, as follows:
(a) The notification shall be sent within forty-eight hours of receiving contributions or making expenditures exceeding the committee threshold in Section 2.12.095totaling two hundred fifty dollars or more or making expenditures of two hundred fifty dollars or more; (b) The notification shall include the name and address of the candidate or officeholder, the elective office for which the short form campaign statement was filed, the date of the election, and the date contributions exceeding the committee threshold in Section

2.12.095 totaling two hundred fifty dollars or more were received or expenditures exceeding the committee threshold in Section 2.12.095totaling two hundred fifty dollars or more were made;
(c) The notification shall be sent by telegram, guaranteed overnight delivery, personal delivery, or facsimile transmission.

NOTICE OF PUBLIC HEARING

BERKELEY CITY COUNCIL

AMENDMENTS TO THE BERKELEY ELECTION REFORM ACT
The Fair Campaign Practices Commission is proposing amendments to the Berkeley Election Reform Act related to ensure consistency within the Act for cost of living adjustments and committee reporting requirement thresholds.

The hearing will be held on, November 14, 2023 at [6:00 p.m.] in the School District Board Room, 1231 Addison Street.

A copy of the agenda material for this hearing will be available on the City’s website at www.CityofBerkeley.info as of November 2, 2023.

For further information, please contact Samuel Harvey, Commission Secretary at 981- 6998.

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

Communications to the Berkeley City Council are public record and will become part of the City’s electronic records, which are accessible through the City’s website. Please note: e-mail addresses, names, addresses, and other contact information are not required, but if included in any communication to the City Council, will become part of the public record. If you do not want your e-mail address or any other contact information to be made public, you may deliver communications via U.S. Postal Service or in person to the City Clerk. If you do not want your contact information included in the public record, please do not include that information in your communication. Please contact the City Clerk at 981-6900 or [email protected] for further information.

Published: November 3, 2023
Pursuant to Berkeley Municipal Code section 2.12.051
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ I hereby certify that the Notice for this Public Hearing of the Berkeley City Council was posted at the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way, as well as on the City’s website, on [Enter Date].
__________________________________
Mark Numainville, City Clerk

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

PUBLIC HEARING
November 14, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Jordan Klein, Director, Planning and Development Department Subject: Amendments to Berkeley Municipal Code Title 23 (Zoning Ordinance), the Zoning Map, General Plan Land Use Diagram, and the General Plan Relating to the Southside Zoning Implementation Program of the 2023-2031 Housing Element Update

RECOMMENDATION
Conduct a public hearing and upon conclusion:

1. Adopt a first reading of an Ordinance amending Title 23 of the Berkeley Municipal Code to increase residential development potential in the Southside Plan Area, per Program 27— Priority Development Areas, Commercial and Transit Corridors and Program 33—Zoning Code Amendment: Residential of the 2023-2031 Housing Element Update

2. Adopt a Resolution:
a. Adopting an Addendum to the 2023-2031 Housing Element Update Environmental Impact Report (EIR); and
b. Approving and adopting General Plan map and text amendments to re- designate certain parcels and update certain land use designations to be consistent with the associated Ordinance amendments.

3. Refer to the City Manager to analyze prevailing wage requirements, as recommended in Planning Commission’s letter dated September 15, 2023; and refer a budget allocation of $50,000 for this project to the FY2025 budget process.

SUMMARY
The Department of Planning and Development is proposing amendments to the City’s Zoning Ordinance (Title 23), in response to City Council referrals, recent changes in State laws, and the requirements of the City’s 2023-2031 Housing Element, to increase residential development potential—particularly for student-oriented housing—within the Southside Plan Area. The proposed amendments also include non-substantive technical corrections to ensure consistency throughout the Zoning Ordinance. The full

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text of the zoning ordinance changes can be found in Attachment 1. A summary table that identifies each Zoning Ordinance section and the proposed changes is in Attachment 2. The Resolution adopting the Addendum to the Housing Element EIR (Attachment 3) and the General Plan map and text amendments can be found in Attachment 4.

FISCAL IMPACTS OF RECOMMENDATION
The proposed zoning changes are intended to increase the development potential for properties in the Southside. This could result in higher property tax revenues. These changes also allow for larger development projects compared to the current zoning regulations, so on average, the City can expect to collect more development fees.

These fees may include those for affordable housing (BMC 23.328), child care if the projects involve non-residential uses (BMC 22.20), and public art (BMC 6.13).

Additionally, the Berkeley Unified School District Facilities Fee could be expected to generate increased revenues.1
As more buildings, residents, businesses, employees, customers and vehicles are added to the City, there is likely to be an increased demand for fire and emergency services. This would likely require the deployment of additional emergency responders and response apparatus, and the expansion of existing or creation of new infill deployment facilities. There may also be a need for additional staff to accommodate the increased workload to administer and process permits, answer and dispatch 911 calls, conduct fire and life safety plan checks, and perform building inspections. Additional comments from the Fire Department can be found in Attachment 10.

CURRENT SITUATION AND ITS EFFECTS
The Southside Zoning Implementation Program is a Strategic Plan Priority Project, advancing the City’s goal to create affordable housing and housing support services for our most vulnerable community members.
“The Southside” refers to the area located on the south side of the UC Berkeley campus, roughly bounded by Bancroft Way, Dwight Way, Fulton Street and Prospect Street (Attachment 6, and Figures 1 and 2, below).

City staff have prepared Zoning Ordinance and zoning map changes to adjust district boundaries and create or modify objective development standards, including building height, minimum residential density, floor area ratio (FAR), lot coverage, setbacks, and ground-floor residential uses, to increase residential development potential—particularly student-oriented housing—in the following zoning districts within the Southside (Figure 1):
1 April 2023. Berkeley Unified School District (BUSD) School Facility Fees. https://www.berkeleyschools.net/wp-content/uploads/2023/04/BUSD-School-Facility-Fee-Notice-7.28.22- 002.pdf

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 Multiple-Family Residential (R-3) and Hillside Overlay (R-3(H))  Residential Southside (R-S) and Hillside Overlay (R-S(H))  Residential Southside Mixed-Use (R-SMU)
 Telegraph Commercial (C-T)
The Southside also includes seven parcels zoned C-SA, but no changes are proposed for those parcels. In addition, the zoning district boundary adjustments require conforming General Plan Land Use text and map amendments.

Figure 1 Southside Area - Existing Zoning
Detailed descriptions of the proposed zoning changes and General Plan text and map amendments, and a detailed rationale for each proposed change, can be found in the staff report for the Planning Commission’s September 6, 2023 meeting (Attachments 7 and 8). Table 1 provides a summary of the recommended changes for each development standard and the policy rationale for each recommendation.

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Table 1. Summary of Proposed Southside Development Standards Development Standard and Recommendation Policy Goal
Floor Area Ratio (FAR)
Set a maximum FAR
 Allow flexibility in project design
 Provide predictability for the review
process and outcome
 Facilitate calculations for State Density
Bonus and possible local density bonus
Lot Coverage
Remove maximum requirement
Setbacks
Reduce setbacks and remove Use Permit exceptions
Open Space
 Reduce requirement and increase flexibility in
meeting open space standard
 Set requirement to a per 1,000 square foot of
gross residential floor area standard, rather than
per unit
Building Separation
Remove minimum requirement
Building Height
Set a maximum height limit and remove Use Permit
exceptions
 Encourage housing development through
increasing capacity
 Increase predictability of development
outcomes through objective standards
 Increase flexibility through a menu of
options for open space and residential
amenities
 Increase ease of compliance through
simplified standards
Density
 Set a minimum dwelling unit-per-acre standard
(du/acre)
 Remove minimum lot size requirement
 Help meet Housing Element goals to
achieve Regional Housing Needs
Allocation (RHNA)
 Set a density measurement (units/acre)
that is aligned with State Law
The proposed zoning changes are summarized below:
 Zoning boundary adjustments (Figure 2):
o R-SMU Expansion. The R-SMU zoning district would expand into areas currently zoned R-S (west of Telegraph) and R-3 (east of Telegraph). o R-S Expansion. The R-S district would expand into areas currently zoned R-3 in the southwest of the Southside Plan Area.

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Figure 2. Southside Area – Proposed Zoning
 Allowing ground floor residential uses in the C-T: Currently, residential uses are not permitted on the ground floor in the C-T zoning district. The proposed zoning changes would permit ground floor residential uses as long as there is an active commercial use occupying the first 30 feet of depth from the property line.  Establishing a maximum Floor Area Ratio (FAR): Currently, there is no maximum FAR in the R-3, R-S and R-SMU zoning districts. The proposed zoning changes include maximum FARs for all zoning districts in the Southside based upon approximately 95 percent of a parcel’s maximum zoning envelope, including height and setback requirements.
 Establishing minimum densities: Currently, there are no minimum densities for development in the Southside. The proposed zoning changes include minimum densities, in dwelling units per acre, for development in the R-S (100 du/acre); R- SMU (150 du/acre); and C-T (200 du/acre) zoning districts. The proposed zoning changes also include a minimum density for the R-3 zoning district (60 du/acre) which only applies to R-3 parcels in the Southside Plan Area.  Removing lot coverage maximums. Currently, each zoning district includes a maximum lot coverage standard. The proposed zoning changes remove lot coverage maximums and regulate building bulk through FAR, setbacks and building height standards.

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 Establishing new objective building height standards. The proposed zoning changes include increases in maximum heights, and the removal of the ability to exceed maximum heights with a permit (Table 2).

Table 2. Maximum Heights
R-3 R-S R-SMU C-T
North of
Dwight
C-T
South of
Dwight
Existing
35 feet
(increase with
AUP)
35 feet
(Up to 45
feet with UP)
60 feet
65 feet
(Up to 75 feet
with UP)
50 feet
(Up to 65 feet
with UP)
Proposed 45 feet 55 feet 85 feet 85 feet
 Establishing new objective setback standards. The proposed changes include reductions in required setbacks and the removal of the ability to further reduce setbacks with a permit.
 Establishing new open space requirements. Currently, required open space is measured in square feet per unit. The proposed zoning changes instead base required open space on the total square footage of residential floor area. This change acknowledges that student-oriented housing in the Southside may not always consist of regular housing units, but may include Group Living Accommodations. This move towards basing open space requirements off residential floor area is consistent with the recently-adopted change in methodology for calculation of the affordable housing fee.

The proposed zoning changes also allow a project to provide up to 50 percent of the total amount of required usable open space through shared residential amenities that may be indoors (such as multipurpose rooms or fitness areas) and incentivizes pedestrian-oriented amenities on the ground floor along the building frontage.
 Removing building separation requirements. Currently, buildings located on a single lot are required to be separated from one another by a minimum of 8 feet, with the required separation increasing as the building gets taller. The proposed Southside Area zoning changes include eliminating building separation requirements and applying Building and Fire Code requirements for fire rating and separation.

BACKGROUND
The City Council has referred to staff to consider and codify zoning standards to encourage the creation of additional residential development and affordable homes in the Southside (Attachment 9). Further purposes include:

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 Addressing State laws that seek to reduce time involved in permitting processes through by-right and ministerial approvals.
 Implementing housing programs identified in the 2023-2031 Housing Element Update.
 Increasing certainty for applicants and community members by removing subjective judgements from project approvals.
 Reducing the administrative costs and burden associated with needing to provide qualitative justifications for discretionary review.

Council Referrals
The Southside Plan was adopted in 2011. Since 2016, the City Council has forwarded five referrals to increase housing production and the overall development potential in the Southside by considering and codifying new zoning regulations for streamlined processes and less restrictive objective development standards (Table 3). These referrals directed staff to reduce the development costs and administrative burden associated with discretionary review processes. Two additional Council referrals related to the Southside Area are pending (Table 4).

Table 3. Southside Zoning Implementation Program - City Council Referrals Community
Benefits within
C-T
(7/12/2016)
Allow increased development potential in the Telegraph Commercial (C-T) District between Dwight Avenue and Bancroft Avenue and develop community benefit requirements, with a focus on labor practices and affordable housing.

Non-
Commercial
Ground Floor
in C-T
(4/4/2017)
Create a Use Permit process to allow non-commercial use on the ground floor in appropriate locations, where commercial might otherwise be required. A pilot project is suggested for the C-T District.

Increase
Height and
FAR
(10/31/2017)
Facilitate student housing by increasing the height and Floor Area Ratio (FAR) in the portions of the R-SMU, R-S and R-3 District which are located within the Southside area west of College Avenue.

Increase
Student
Housing
(5/1/2018)
Convert commercial space into residential use within all districts in the Southside located west of College Avenue.

More Student
Housing Now
(11/27/2018)
Convert commercial space in the C-T to residential use, expand the Car-Free Housing overlay in the Southside, allow two high-rises for student housing, and consider micro-units and modular units.

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Table 4. Pending Additional Southside City Council Referrals Pilot Density
Program in C-T
(5/30/2017)
Develop a pilot Density Bonus program for the C-T District to generate in-lieu fees that could be used to build housing for homeless and extremely low-income residents.

Southside
Impact Fee
Nexus Study
(2/14/2023)
Establish a development impact fee for projects within the Southside Plan boundary for the purpose of funding Southside public realm improvements.

State Laws Related to Housing
The City is required by State law to identify objective zoning standards for the purpose of defining housing development projects that qualify for protections under the Housing Accountability Act (HAA) and to define a base project for the purposes of calculating density bonuses pursuant to the State Density Bonus Law. 2023-2031 Housing Element Update
The recently adopted and certified Housing Element Update includes two implementation programs relating to this effort: 1) Program 27—Priority Development Areas, Commercial and Transit Corridors intended to increase housing capacity and production; and 2) Program 33—Zoning Code Amendment: Residential, to study and establish residential objective standards to provide clarity and predictability, as well as establish a minimum density standard expressed in “units per acre” to ensure adequate baseline capacity to meet housing targets and achieve Housing Element compliance.

Community Outreach
The proposed amendments are based on input from community engagement through the Housing Element Update and specific outreach related to the proposed changes in the Southside, as well as prior meetings with the City Council, Planning Commission, and the Southside Environmental Impact Report (EIR) Subcommittee.

In the past two years, staff have presented the proposed Southside zoning amendments to the following advisory bodies (Table 5) and community organizations (Table 6).

Table 5. Presentations to City Commissions and Committees (2022-2023) September 20, 2022
City Council worksession on Residential Objective Standards, including proposed zoning changes to promote Middle Housing in lower density districts and encourage increased housing capacity in the Southside.2 October 14, 2022 City/University of California (UC)/Students Relations Committee presentation and discussion.

November 2, 2022 Planning Commission presentation and discussion. 2 September 20, 2022. Council Worksession Residential Objective Standards on Middle Housing and the Southside. https://berkeleyca.gov/sites/default/files/documents/2022-09- 20%20WS%20Item%2001%20Residential%20Objective%20Standards.pdf

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April 19, 2023 Planning Commission presentation and discussion.

May 18, 2023 Design Review Committee presentation and discussion.

June 15, 2023 Design Review Committee presentation and discussion.

September 6, 2023 Planning Commission public hearing and recommendation.

Table 6. Presentations to Community Organizations (2021-2023) September 14, 2022 East Bay for Everyone (EB4E)
September 26, 2022 UC Berkeley Campus Planning
October 4, 2022 The Associated Students of the University of California (ASUC) Housing Commission
October 5, 2022
January 19, 2023 Southside Neighborhood Consortium (SNC) October 4, 2022 Berkeley Design Advocates (BDA)
February 8, 2023 Berkeley Architectural Heritage Association (BAHA) Staff also conducted in-person events at the Berkeley Harvest Festival (October 15, 2022) and on Sproul Plaza (October 18, 2022) to collect community feedback, and conducted an online survey (November 27, 2022 to December 18, 2022) to seek feedback from UC Berkeley students.3
Planning Commission Recommendation – September 6, 2023
Pursuant to BMC 22.04.020 (Master Plan Amendment Procedures) and 23.412 (Zoning Ordinance Amendments), the Planning Commission held a duly noticed public hearing on September 6, 2023 to review and make a recommendation to the City Council on the proposed zoning changes, General Plan text and map amendments, and the Housing Element EIR Addendum.

At that meeting, the Planning Commission unanimously voted4 to take the following actions:

1. The Planning Commission recommended, without amendment, adoption of the proposed zoning changes, General Plan text and map amendments, and the Housing Element EIR Addendum; and
3 December 2022. Final Summary Southside Area UC Student Housing Survey. https://berkeleyca.gov/sites/default/files/documents/FinalSummary_Southside%20Area%20UC%20Stude nt%20Housing%20Survey%20-%2019%20December%202022.pdf
4 September 6, 2023. Planning Commission: Item 10: Southside Zoning Amendment. Moved: Vincent; Seconded: Marthinsen; Ayes: Merker, Vincent, Oatfield, Marthinsen, Moore, Yung, Hauser, Frank. Noes:

None. Abstain: None. Absent: Mikiten. (8-0-0-1)

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2. The Planning Commission directed Commissioner Oatfield and Chair Vincent to draft a letter to the City Council on the Commission’s behalf to accompany the Commission’s recommendation (Attachment 5). The letter includes statements on the following topics:
a. Prevailing Wage Requirements. A proposal from Commissioner Frank (Alternate) to include prevailing wage as part of the proposed zoning changes within Title 23 Zoning of the BMC.
b. Land Value Capture and Community Benefits. A request for clarification from the City Council on provisions for land value capture and community benefits per the Council’s July 25, 2017 resolution (No. 68,133-N.S.).
c. Master Leasing. A request for clarification from the City Council on the City’s agreement with the University of California regarding master leasing of private developments.

Prevailing Wage: Inclusion of a prevailing wage requirement for construction projects in the Southside would be a significant new addition to the currently proposed zoning amendments. As part of the recommended action, staff propose that the City Council adopt a referral, including a budget referral for associated consulting services, for analysis of potential prevailing wage requirements. Such a change would merit detailed technical analysis to determine any effects of these policies on project feasibility, projected housing buildout, potential constraint on housing production (in accordance with state law), and potential accompanying actions to offset these potential impacts.

Staff notes there are currently no labor or workforce standards included in BMC Title 23 (Planning Code). The recently-adopted HARD HATS ordinance, which includes healthcare and apprenticeship standards that apply to development projects, is included in BMC Title 13 (Public Peace, Morals and Welfare).

Land Value Capture and Community Benefits: In response to City Council’s referral regarding value capture and community benefits, the Planning Commission in 2019 found that the proposed zoning changes would increase funding for affordable housing, which is the primary community benefit outcome. In March 2022, Planning Commission considered and approved an affordable housing fee that scales up, meaning that developers will contribute more to affordable housing as their projects become larger.

The City Council has also recently referred a Southside Impact Fee Nexus Study to establish a development impact fee specifically for projects in the Southside Plan boundary for the purpose of funding Southside public realm improvements. Additionally, the HARD HATS ordinance includes workforce-related benefits for larger projects, such as those that are encouraged by the proposed zoning changes. City Council has also referred consideration of a Southside Local Density Bonus Program, which would offer

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incentives to developers who provide funding for affordable housing in the Southside.

Staff do not recommend any additional action at this time.

Master Leasing: The City and the University of California are actively engaged in discussions regarding the University’s practice of master leasing off-campus residential buildings. In July, 2021 the City and the University entered a settlement agreement to resolve mutual claims around development impacts and processes. Section 4.10 of that agreement states:

4.10 The University and the City will collaborate in good faith to reach an agreement regarding the University’s master leasing of off-campus residential buildings, and will meet and confer in an effort to reach such an agreement within one year of the Effective Date. The University and City contemplate that such an agreement will set a date by which the University would reduce or eliminate its use of master leasing of residential facilities, excepting only temporary leasing necessary to create surge space during the renovation or construction of campus housing facilities. This Section does not require either party to enter into such an agreement, but the parties shall use their good faith best efforts to do so.

It is staff’s understanding that the University of California has not entered into a master lease agreement with a private development partner for at least the past four years.

Staff do not recommend any additional action at this time.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Housing Element Update EIR
Development projections for this project and all reasonably foreseeable growth resulting from development contemplated by the City’s updated Housing Element and the University of California Berkeley’s Long-Range Development Plan were analyzed in the Environmental Impact Report (EIR) for the 2023-2031 Housing Element Update (“Housing Element Update EIR”), which was certified by the City Council on January 18, 2023.5
Issues relating to environmental impacts on public services, particularly as they relate to fire protection services, emergency access, and wildfire issues, were analyzed in the Housing Element Update EIR for all reasonably foreseeable growth resulting from development contemplated by the City’s updated Housing Element and the University of California Berkeley’s Long Range Development Plan. The specific impact analyses are found in the following impact sections of the Housing Element Update EIR: (1) Section

4.13 (Public Services and Recreation); (2) Section 4.14 (Transportation); (3) Section

4.17 (Wildfire).
5 Housing Element Update 2023-2031 Final EIR.
https://berkeleyca.gov/sites/default/files/documents/ATT%202%20FEIR_RTC.pdf

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EIR Addendum
The Housing Element Update EIR assumed that approximately 1,000 additional dwelling units would be feasible with implementation of this project. Staff found that the changes to the development standards as currently proposed would allow approximately 2,650 additional dwelling units, an increase in development potential compared to the amount analyzed in the EIR of approximately 1,650 units, which requires supplemental CEQA review.

The proposed Southside Zoning Implementation Program would amend the Zoning Code and Zoning Map to increase residential development potential consistent with the Housing Element Update. The Southside Zoning Implementation Program does not allow for any additional growth other than that authorized by the 2023-2031 Housing Element, which was analyzed in the Housing Element Update EIR. Therefore, an Addendum to the Housing Element EIR was prepared, as the zoning amendments would have no new or substantially more severe significant environmental effects than were analyzed for the growth contemplated by the 2023-2031 Housing Element. (See CEQA Guidelines Section 15164.) The impact analyses in the Addendum that correspond to the impact discussion in the EIR are found in Addendum Sections 5.13 (Public Services and Recreation), impacts on Fire Protection (pp. 72-73); 5.14 (Transportation), impacts on emergency access (pp. 75, 76-77); and 5.17 (Wildfire). The discussion in these Addendum sections reviewed the previous analyses conducted in the Housing Element Update EIR, including previously adopted mitigation measures, and concluded that no new or substantially more severe significant impacts would occur, and no new mitigation measures are required.

RATIONALE FOR RECOMMENDATION
The proposed zoning changes and General Plan text and map amendments align with commitments made by the City Council with the adoption of the 2023-2031 Housing Element Update. These changes also reflect the guidance provided to staff through five specific City Council referrals. Staff engaged with various community stakeholders and facilitated multiple meetings involving both the City Council and Planning Commission to discuss and refine these proposals. The feedback received during these sessions has been incorporated into the proposed zoning changes.

ALTERNATIVE ACTIONS CONSIDERED
Over the course of developing the proposed zoning amendments, staff considered zoning changes and development standards that would have resulted in a smaller increase in development potential than the proposed zoning changes, as well as:
 Lot Coverage. Currently, zoning districts in the Southside include lot coverage standards that restrict total development to a certain percentage of the total area of a lot. An initial draft of the proposed zoning changes included a revision to these standards, permitting a greater percentage of a lot to be developed. The

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proposed zoning changes, however, remove all lot coverage standards, instead regulating the bulk of development through setbacks, height and FAR.  Maximum Density. An initial draft of the proposed zoning changes included a maximum density expressed in units per acre. Based on feedback from the Planning Commission to eliminate caps on housing, the proposed zoning removes a maximum density standard. Staff also found that a unit per acre measurement does not correlate directly with population density for student- oriented housing typologies, which can range widely from small studios to group living accommodations to large shared units.

CONTACT PERSON
Justin Horner, Associate Planner, Planning and Development, 510-981-7476

ATTACHMENTS

1. Ordinance – Zoning Ordinance Text Amendments

2. Reference Matrix – Southside Zoning Ordinance Amendments

3. Addendum to the 2023-2031 Housing Element Update EIR

4. Resolution - General Plan Map and Text Amendments

5. Planning Commission Letter, September 21, 2023

6. Existing and Proposed Zoning Map

7. Planning Commission Report, September 6, 2023.

8. Existing and Proposed Development Standards Tables

9. Referenced City Council Referrals
a. Community Benefits within C-T (7/12/2016)
b. Allow Non-commercial Use on the Ground Floor in C-T (4/4/2017) c. Increase Height and FAR in the R-SMU, R-S and R-3 (10/31/2017) d. Increase Student Housing (5/1/2018)
e. More Student Housing Now (11/27/2018)
f. Pilot Density Program in C-T (5/30/2017)
g. Southside Impact Fee Nexus Study (2/14/2023)

10.Fire Department Comments

11.Public Hearing Notice

Attachment 1
ORDINANCE NO. -N.S.

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

Section 1. That Berkeley Municipal Code Section 23.106.035 is hereby added to read:

23.106.035 – Floor Area, Gross Residential
A. Gross Residential Floor Area Defined. Gross residential floor area means the total floor area of all of the following:

1. Residential units.

2. In a Group Living Accommodation (GLA), common rooms/lounges and supporting facilities such as kitchens and restrooms.

3. Habitable attic.

4. Mezzanine or loft within a residential unit.

B. Residential Unit Defined. Residential unit means any Dwelling Unit, any Live/Work Unit, or any bedroom of a GLA except a GLA in a University-recognized fraternity, sorority or co-op; provided, however, that for purposes of this section, “residential unit” shall not include any Accessory Dwelling Unit or Junior Accessory Dwelling Unit.

Section 2. That Berkeley Municipal Code Section 23.106.100 is hereby added to read:

23.106.100 – Residential Density
A. Residential Density Defined. The ratio of the number of dwelling units on a lot to the lot area as measured in acres.

B. Measurement. Residential density shall be calculated by dividing the total number of dwelling units on a lot by the total lot area in acres, rounded to the nearest whole number. Accessory Dwelling Units and Junior Accessory Dwelling Units are not included in the minimum or maximum density established by the underlying zoning district (see Section 23.306.020).

Section 3. That the following lines under the category “Residential Uses” in Table

23.202-1 (Allowed Uses in Residential Districts) within Berkeley Municipal Code

23.202.020 (Allowed Land Uses) are hereby amended to read:

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RESIDENTIAL DISTRICTS
ZC = 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-
SM
U
R-
BM
U**
USE-

SPECIFIC

REGULATI
ONS
Applies to uses
with an asterisk
following the
permit
requirement
(e.g., ZC*)
Residential Uses
Dwellings
Single-Family UP(PH) UP(P
H)
UP(P

H) UP(PH) UP(P
H)
UP(P
H)*
UP(
PH)
UP(
PH)
UP(P
H)*
UP(
PH)* NP 23.302.070(H)
Two-Family NP UP(P

H) NP UP(PH) UP(P
H)
UP(P
H)*
UP(
PH)
UP(
PH)
UP(P
H)*
UP(
PH)* NP 23.302.070(H)
Multi-Family NP NP NP UP(PH) UP(P
H)
UP(P
H)*
UP(
PH)*
UP(
PH)
UP(P
H)*
UP(
PH)*
UP(P
H) 23.302.070(H)
Group Living
Accommodation NP NP NP NP NP UP(P
H)*
UP(
PH)*
UP(
PH)
UP(P
H)*
UP(
PH)*
UP(P
H) 23.302.070(H)
Senior
Congregate
Housing
NP NP NP NP See 23.302.070.HI-Use-Specific Regulations
Mixed-Use
Residential NP NP NP UP(PH) UP(P
H)
UP(P
H)*
UP(
PH)*
UP(
PH)
UP(P
H)
UP(
PH)*
UP(P
H) 23.302.070(H)
Section 4. That Berkeley Municipal Code Section 23.202.030(A)(1) is hereby amended to read:

1. Permits Required.
a. In all Residential Districts except for the ES-R district, residential additions require permits as follows:
i. Residential additions (up to 15 percent of lot area or 600 square feet, whichever is less): Zoning Certificate.
ii. Major residential additions (more than 15 percent of lot area or 600 square feet, whichever is less): AUP.
b.a. In the ES-R district, residential additions require permits as follows:

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Text highlighted in gray consists of non-substantive technical edits and renumbering. i. Residential additions up to 10 percent of lot area or 200 square feet, whichever is less: Zoning Certificate.
ii. Major residential additions more than 10 percent of lot area or 200 square feet, whichever is less: Use Permit.
b. In the R-3, R-S, R-SMU and C-T districts within the Southside Plan boundaries, any residential addition requires a Zoning Certificate. c. In all other Residential Districts, residential additions require permits as follows:
i. Residential additions (up to 15 percent of lot area or 600 square feet, whichever is less): Zoning Certificate.
ii. Major residential additions (all other residential additions) AUP.

Section 5. That Berkeley Municipal Code Section 23.202.030(B) is hereby amended to read:

B. Adding Bedrooms.

1. In the R-1, R-1A, R-2, R-2A, and R-3 districts outside of the Southside Plan boundaries, adding a bedroom to a lot requires permits as follows:
a. Adding a first, second, third, or fourth bedroom to a lot: no permit required. b. Adding a fifth bedroom to a lot: AUP.
c. Adding a bedroom to a lot beyond the fifth: Use Permit.

2. See Section 23.502.020.B - Defined Terms (“B” Terms) for bedroom definition.

3. In the ES-R district, any alteration to create a new bedroom in a single-family detached home on a single lot requires an AUP. See Section 23.202.070.H.6 (Land Use Intensification) for required finding.

3.4. In the R-3, R-S, or R-SMU districts within the Southside Plan boundaries, adding any bedroom to a lot requires a Zoning Certificate.

Section 6. That Berkeley Municipal Code Section 23.202.100(C) is hereby amended to read:

C. Additional Permit Requirements. See Subsections A of Section 23.202.030 (Residential Additions) and Subsection B of Section 23.202.030 (Adding Bedrooms).

Section 7. That Berkeley Municipal Code Section 23.202.100(E) is hereby amended to read:

E. Development Standards.

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1. Basic Standards. See Table 23.202-11: R-3 Development Standards. See Table 23.202-11: R-3 Lot and Height Standards, Table 23.202-12: R-3 Setback and Building Separation Standards, and Table 23.202-13: R-3 Lot Coverage Standards.

2. Supplemental Standards. Supplemental development standards that apply in the R-3 district are noted in Table 23.202-11: R-3 Development Standards. Lot and Height Standards, Table 23.202-12: R-3 Setback and Building Separation Standards, and Table 23.202-13: R-3 Lot Coverage Standards.

TABLE 23.202-11: R-3 DEVELOPMENT STANDARDS

BASIC STANDARDS OUTSIDE OF

SOUTHSIDE PLAN
WITHIN

SOUTHSIDE PLAN

SUPPLEMENTAL

STANDARDS
Lot Area, Minimum
New Lots 5,000 sq. ft. No minimum
Per Group Living
Accommodation
Resident
350 sq. ft. [1] No minimum

23.304.020 – Lot
Requirements
Residential Density
Minimum (du/acre) No minimum 60
Maximum
(du/acre)
No maximum No maximum

23.106.100 –
Residential Density
Usable Open Space, Minimum
Per Dwelling Unit 200 sq. ft.

Per Group Living
Accommodation
Resident
90 sq. ft.
150 sq. ft. per
1,000 sq. ft. of
gross residential
floor area

23.304.090 –
Usable Open
Space
Floor Area Ratio,
Maximum No maximum 3.0
Main Building Height, Average
New Buildings and
Non-Residential
Additions
35 ft. and 3
stories
Residential
Additions
16 ft. [2]
45 ft.

23.304.050 –
Building Height
Lot Coverage, Maximum
1 Story: 45%Interior and
Through Lot 2 Stories: 45%
100%

23.304.120 – Lot
Coverage

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Text highlighted in gray consists of non-substantive technical edits and renumbering. 3 Stories: 30%
1 Story: 50%
2 Stories: 50%
Corner Lot
3 Stories: 45%
100%
Lot Line Setback, Minimum
Front 15 ft. 10 ft.

Rear 15 ft. 10 ft.
1st Story: 4 ft.
2nd Story: 4 ft.

Interior Side
3rd Story: 6 ft.
4 ft.
1st Story: 6 ft.
2nd Story: 8 ft.

Street Side
3rd Story: 10 ft.
4 ft.

23.304.030 -
Setbacks
1st Story: 8 ft.
2nd Story: 12 ft.

Building Separation,
Minimum
3rd Story: 16 ft.

No minimum

23.304.040 –
Building
Separation in
Residential
Districts
Notes:
[1] One additional resident is allowed for remaining lot area between 200 and 350 square feet.
[2] Maximum 35 ft. with an AUP.

TABLE 23.202-11: R-3 LOT AND HEIGHT STANDARDS

BASIC STANDARDS SUPPLEMENTAL

STANDARDS
Lot Area, Minimum
New Lots 5,000 sq. ft.

Per Group Living Accommodation Resident 350 sq. ft. [1]

23.304.020– Lot
Requirements

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BASIC STANDARDS SUPPLEMENTAL

STANDARDS
Usable Open Space, Minimum
Per Dwelling Unit 200 sq. ft.

Per Group Living Accommodation Resident 90 sq. ft.

23.304.090–
Usable Open
Space
Floor Area Ratio, Maximum No maximum
Main Building Height, Average
New Buildings and Non-Residential Additions 35 ft. and 3 stories
Residential Additions 16 ft. [2]

23.304.050–
Building Height
Notes:
[1] One additional resident is allowed for remaining lot area between 200 and 350 square feet.
[2] Maximum 35 ft. with an AUP.

TABLE 23.202-12: R-3 SETBACK AND BUILDING SEPARATION STANDARDS

STANDARDS BY BUILDING
STORY
1ST 2ND 3RD

SUPPLEMENTAL

STANDARDS
Lot Line Setbacks, Minimum
Front 15 ft. 15 ft. 15 ft.

Rear 15 ft. 15 ft. 15 ft.

Interior Side 4 ft. 4 ft. 6 ft.

Street Side 6 ft. 8 ft. 10 ft.

23.304.030 -
Setbacks
Building Separation, Minimum 8 ft. 12 ft. 16 ft. 23.304.040- Building Height
TABLE 23.202-13: R-3 LOT COVERAGE STANDARDS

STANDARD BASED ON

BUILDING HEIGHT
1 STORY 2

STORIES
3 STORIES

SUPPLEMENTAL

STANDARDS
Lot Coverage, Maximum
Interior and Through Lot 45% 45% 30%

23.304.120-Lot
Coverage

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Corner Lot 50% 50% 45%

3. Increase in Lot Coverage. Lot coverage may be increased for a project in an R- 3 district located within the Southside Plan boundaries if an AUP is obtained with one or both of the following findings:
a. The increased coverage would enable a new rear dwelling on the lot; or b. It would enable moving a historic building onto the lot.

Section 8. That Berkeley Municipal Code Section 23.202.110(E) is hereby amended to read:

E. Development Standards.

1. Basic Standards. See Table 23.202-124: R-4 Lot and Height Standards, Table

23.202-135: R-4 Setback and Building Separation Standards, and Table 23.202- 146: R-4 Lot Coverage Standards.

2. Supplemental Standards. Supplemental development standards that apply in the R-4 district are noted in Table 23.202-124: R-4 Lot and Height Standards, Table 23.202-135: R-4 Setback and Building Separation Standards, and Table

23.202-146: R-4 Lot Coverage Standards.

TABLE 23.202-1412: R-4 LOT AND HEIGHT STANDARDS

BASIC STANDARDS S

UPPLEMENTAL STANDARDS
Lot Area, Minim
um
New Lots 5,000 sq. ft.

Per Group Living Accommodation
Resident 350 sq. ft. [1]

23.304
.020– Lot Requirements
Usabl
e Open Space, Minimum
Per Dwelling Unit 200 sq. ft.

Per Group Living Accommodation
Resident 90 sq. ft.

23.304
.090– Usable Open
Space
Floor Area R
atio, Maximum No maximum
Main
Building Height, Average
New
Buildings and Non-
Resid
ential Additions
35 ft. and 3
stories [2]
Residential Additions 16 ft. [3]

23.304
.050– Building Height

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B

ASIC STANDARDS S

UPPLEMENTAL STANDARDS
Notes:
[1]
One additional resident is allowed for remaining lot area between 200 and 350 square
feet.
[2]
Maximum 65 ft. and six stories allowed with Use Permit. [3]
Height greater than 16 ft. up to 35 ft. allowed with an AUP. Height greater than 35 ft. up to 65 ft. and six stories allo
wed with a Use Permit.

TABLE 23.202-135: R-4 SETBACK AND BUILDING SEPARATION STANDARDS S

TANDARDS BY BUILDING STORY
1ST 2ND 3RD 4TH 5TH 6TH

SUPPLEMENTAL

STANDARDS
Lot Line Setbacks, Minimum
Front 15 ft. 15 ft. 15 ft. 15 ft. 15 ft. 15 ft.

Rear 15 ft. 15 ft. 15 ft. 17 ft. 19 ft. 21 ft.

Interior Side 4 ft. 4 ft. 6 ft. 8 ft. 10 ft. 12 ft.

Street Side 6 ft. 8 ft. 10 ft. 12 ft. 14 ft. 15 ft.

23.304.030–
Setbacks
Build
ing Separation,
Minim
um 8 ft. 12 ft. 16 ft. 20 ft. 24 ft. 28 ft.

23.304.040–
Building
Separation in
Residential
Districts
TABLE 23.202-1614: R-4 LOT COVERAGE STANDARDS
S

TANDARD BASED ON BUILDING HEIGHT
1 STORY
2 STORIES
3 STORIES
4 STORIES
5 STORIES
6 STORIES

SUPPLEMENTAL

STANDARDS
Lot Coverage, Maximum
Interior and

Through
Lot 45% 45% 40% 35% 35% 35%
Corner Lot 50% 50% 45% 40% 40% 40%

23.304
.120–
Lot Covera
ge
Section 9. That Berkeley Municipal Code Section 23.202.120(D) is hereby amended to read:

D. Development Standards.

1. Basic Standards. See Table 23.202-157: R-5 Lot and Height Standards, Table

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23.202-168: R-5 Setback and Building Separation Standards, and Table 23.202- 179: R-5 Lot Coverage Standards.

2. Supplemental Standards. Supplemental development standards that apply in the R-5 district are noted in Table 23.202-157: R-5 Lot and Height Standards, Table 23.202-168: R-5 Setback and Building Separation Standards, and Table

23.202-179: R-5 Lot Coverage Standards.

TABLE 23.202-157: R-5 LOT AND HEIGHT STANDARDS
B

ASIC STANDARDS SUPPLEMENTAL

STANDARDS
Lot Area, Minim
um
New Lots 5,000 sq. ft.

Per Group Livi
ng Accommodation Resident 175 sq. ft.
[1]

23.304.020– Lot
Requirements
Usable Open Space, Minimum
Per Dwel
ling Unit 100 sq. ft.

Per Group Living Accommodation Resident 35 sq. ft.

23.304
.090– Usable
Open Space
Floor Area Ratio, Maximum No maximum
Main Building Height, Average
New Construction 40 ft. and 4
stories [2]
Residential Additions 18 ft. [
3]

23.304.050– Building
Height
Notes:
[1] One additional person is allowed for remaining lot area between 100 and 175 square feet. [2] Maximum 65 feet and 6 stories allowed with a Use Permit. [3] Height greater than 18 ft. up to 40 ft. allowed with an AUP. Height greater than 40 ft. up to 65 ft allowed with a Use Permit.

TABLE 23.202-168: R-5 SETBACK AND BUILDING SEPARATION STANDARDS S

TANDARDS BY BUILDING STORY
1ST 2ND 3RD 4TH 5TH 6TH

SUPPLEMENTAL

STANDARDS
Lot Line Setbacks, Minimum
Front 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. 10 ft.

Rear 15 ft. 15 ft. 15 ft. 17 ft. 19 ft. 21 ft.

Interior 4 ft. 4 ft. 6 ft. 8 ft. 10 ft. 12 ft.

23.304.030–
Setbacks

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Street Side 6 ft. 8 ft. 10 ft. 10 ft. 10 ft. 10 ft.

Building Separation,
Minimum 8 ft. 12 ft. 16 ft. 20 ft. 24 ft. 28 ft.

23.304.040–
Building
Separation in
Residential
Districts
TABLE 23.202-179: R-5 LOT COVERAGE STANDARDS
S

TANDARD BASED ON BUILDING HEIGHT
1 STORY 2

STORIES
3 STORIES
4 STORIES
5 STORIES
6 STORIES
S

UPPLEMENTAL
S

TANDARDS
Lot Coverage, Maximum
Interior and

Through
Lots 55% 55% 50% 45% 40% 40%
Corner Lots 60% 60% 55% 50% 45% 45%

23.304.120–
Lot Coverage
Section 10. That Berkeley Municipal Code Section 23.202.130(E) is hereby amended to read:

E. Development Standards.

1. Basic Standards. See Table 23.202-1820: R-S Development Standards., Table

23.202-20: R-S Lot and Height Standards, Table 23.202-21: R-S Setback and Building Separation Standards, and Table 23.202-22: R-S Lot Coverage Standards

2. Supplemental Standards. Supplemental development standards that apply in the R-S district are noted in Table 23.202-1820: R-S DevelopmentLot and Height Standards, Table 23.202-21: R-S Setback and Building Separation Standards, and Table 23.202-22: R-S Lot Coverage Standards.

3. TABLE 23.202 -1820: R-S LOT AND HEIGHT STANDARDSDEVELOPMENT STANDARDS

BASIC STANDARDS SUPPLEMENTAL STANDARDS
Lot Area, Minimum
New Lots No minimum5,000
sq. ft.

Per Group Living
Accommodation Resident
No minimum 350 sq.
ft.[1]

23.204304.020-Lot
Requirements
Residential Density 23.106.100-Residential

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Minimum (du/acre) 100
Maximum (du/acre) No maximum
Density
Usable Open Space, Minimum
50 sq. ft. per 1,000
sq. ft. of gross
residential floor
area
Per Dwelling Unit 50 sq. ft.

Per Group Living Accommodation 20 sq. ft.

23.304-.090-Usable Open
Space
Floor Area Ratio, Maximum No maximum4.0
Main Building Height, Maximum 55 ft. 23.304.050-Building Height New Construction 35 ft. and 3 stories
[2]
Residential Additions 16 ft. [3]
Lot Line Setbacks, Minimum
Front No minimum
Rear 4 ft.

Interior Side 4 ft.

Street Side No minimum

23.304.030-Setbacks
Building Separation, Minimum No minimum

23.304.040-Building
Separation in Residential
Districts
Lot Coverage, Maximum 100% 23.304.120-Lot Coverage
Notes:
[1] One additional person is allowed for remaining lot area between 350 and 200 square feet.
[2] Maximum 45 feet and 4 stories allowed with a Use Permit if at least 50 percent of the total building floor area is designated for residential use and the ZAB finds that the project meets the purpose of the district.
[3] Maximum 35 feet and 3 stories allowed with an AUP. Maximum 45 feet and 4 stories allowed with a Use Permit if at least 50 percent of the total building floor area is designated for residential use and the ZAB finds that the project meets the purpose of the district.

Table 23.202-21: R-S Setback and Building Separation Standards

STANDARDS BY BUILDING STORY SUPPLEMENTAL

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Text highlighted in gray consists of non-substantive technical edits and renumbering. 1ST 2ND 3RD 4TH STANDARDS
Lot Line Setback, Minimum
Front 10 ft. 10 ft. 10 ft. 10 ft.

Rear 10 ft. 10 ft. 10 ft. 17 ft.

Interior 4 ft. 4 ft. 6 ft. 8 ft.

Street Side 6 ft. 8 ft. 10 ft. 10 ft.

23.304.030-
Setbacks
Building Separation, Minimum 8 ft. 12 ft. 16 ft. 20 ft.

23.304.040-
Building
Separation in
Residential
Districts
TABLE 23.202-22: R-S LOT COVERAGE STANDARDS

STANDARD BASED ON BUILDING
HEIGHT
1 STORY 2

STORIES
3 STORIES
4 STORIES

SUPPLEMENTAL

STANDARDS
Lot Coverage, Maximum
Interior and Through Lot 65% 65% 60% 55%
Corner Lot 70% 70% 65% 60%

23.304.120-Lot
Coverage
Section 11. That the Berkeley Municipal Code 23.202.140(E) is hereby amended to read:

F. Development Standards.

1. Basic Standards.
a. Table 23.202-2319: R-SMU Lot and Height Development Standards shows lot and height standards that apply in al areas in the R-SMU district.

TABLE 23.202-1923: R-SMU LOT AND HEIGHTDEVELOPMENT STANDARDS

BASIC STANDARDS SUPPLEMENTAL STANDARDS
Lot Area, Minimum
New Lots No minimum5,000
sq. ft.

Per Group Living
Accommodation Resident
No minimum 350
sq.ft. [1]

23.304.020 - Lot
Requirements

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BASIC STANDARDS SUPPLEMENTAL STANDARDS
Residential Density
Minimum (du/acre) 150
Maximum (du/acre) No maximum

23.106.100-Residential
Density
Usable Open Space, Minimum
40 sq. ft. per 1,000
sq. ft. of gross
residential floor area

23.304.090 – Usable Open
Space
Floor Area Ratio, Maximum No maximum7.0
Usable Open Space, Minimum
Per Dwelling Unit 40 sq. ft. 23.304.090 – Usable Open
Space
Per Group Living
Accommodation Resident 20 sq. ft.

Main Building Height, Maximum 60 85 ft. and 4
stories 23.304.050-Building Height
New Buildings 60 ft. and 4 stories
Residential Additions 16 ft. [2]
Lot Line Setbacks, Minimum
Front No minimum
Rear 4 ft.

Interior Side No minimum
Street Side No minimum

23.304.030-Setbacks
Building Separation, Minimum No minimum

23.304.040-Building
Separation in Residential
Districts
Lot Coverage, Maximum 100% 23.304.120-Lot Coverage
Notes:
[1] One additional person is allowed for between 100 and 175 square feet of remaining lot area.
[2] Maximum 60 feet and 4 stories allowed with an AUP, or up to the district limit with a UP(PH).
b. Table 23.202-24 and Table 23.202-25 show setback, building separation, and lot coverage standards that apply to main buildings:

With dwelling units or group living accommodations; or

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Are located north of Durant Avenue

2. Supplemental Standards. Supplemental development standards that apply in the R-SMU district are noted in Table 23.202-1923 to Table 23.202-27.

3. Increase in Building Height.
a. The ZAB may approve a Use Permit to increase the allowed height of a main building or residential addition in the two subareas shown in Figure 23.202-2:

R-SMU Subareas. Maximum allowed height is:
i. 75 feet and 5 stories in Subarea One; and
ii. 65 feet and 5 stories in Subarea Two.

FIGURE 23.202-2: R-SMU SUBAREAS
To approve the Use Permit for increased building height, the ZAB must make the following findings:

At least 50 percent of the total floor area is designated for residential use.

The project meets the purposes of the R-SMU district as stated in Section 23.202.140.A (District Purpose).

Increase in Density for Group Living Accommodation. The ZAB may approve a Use Permit to increase the density of a group living accommodation use (i.e., decrease the minimum lot area per group living accommodation room as shown in Table 23.202-

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Text highlighted in gray consists of non-substantive technical edits and renumbering. 23:R-SMU Lot and Height Standards. To approve the Use Permit, the ZAB must make the following findings:

At least 50 percent of the total building floor area is designated for residential use.

The increased density will not be detrimental to the immediate neighborhood.

The project meets the purposes of the R-SMU district as stated in Section 23.202.140.A R-SMU Residential Southside District (District Purpose).

Table 23.202-24: R-SMU Setback and Building Separation Standards for Main Buildings with Dwelling Units or Group Living Accommodations or Located North of Durant Avenue
Standards by Building Story
1st 2nd 3rd 4th 5th[1]
Supplemental
Standards
Lot Line Setbacks, Minimum
Front 10 ft. 10 ft. 10 ft. 10 ft. 10 ft.

Rear 10 ft. 10 ft. 10 ft. 17 ft. 19 ft.

Interior 4 ft. 4 ft. 6 ft. 8 ft. 10 ft.

Street Side 6 ft. 8 ft. 10 ft. 10 ft. 10 ft.

23.304.030-
Setbacks
Building Separation,
Minimum 8 ft. 12 ft. 16 ft. 20 ft. 24 ft.

23.304.040-
Building
Separation in
Residential
Districts
[1] The 5th story regulations are not applicable to buildings with less than 50% residential floor area nor for buildings outside of Subareas 1 and 2 (even if located north of Durant Avenue).

Table 23.202-25: R-SMU Lot Coverage Standards for Main Buildings with Dwelling Units or Group Living Accommodations Or Located North of Durant Avenue Standard Based on Building Height
1 story 2 stories 3
stories
4 stories
5 stories
Supplemental
Standards
Lot Coverage, Maximum
Interior and Through
Lots 55% 55% 50% 45% 40%
Corner Lots 60% 60% 55% 50% 45%

23.304.120-
Lot Coverage
Table 23.202-26 and Table 23.202-27 show setback, building separation, and lot coverage standards that apply to main buildings:

Without dwelling units or group living accommodations: or Located south of Durant Avenue.

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Table 23.202-26: R-SMU Setback and Building Separation Standards for Main Buildings without Dwelling Units or Group Living Accommodations Or Located South of Durant Avenue
Building Story Standard
1st 2nd 3rd 4th
Supplemental
Standards
Lot Line Setback, Minimum
Front 15 ft. 15 ft. 15 ft. 15 ft.

Rear 15 ft. 15 ft. 15 ft. 17 ft.

Interior 4 ft. 4 ft. 6 ft. 8 ft.

Street Side 6 ft. 8 ft. 10 ft. 10 ft.

23.304.030-
Setbacks
Building Separation,
Minimum 8 ft. 12 ft. 16 ft. 20 ft.

23.304.040-
Building
Separation in
Residential
Districts
Table 23.202-27: R-SMU Lot Coverage Standards for Main Buildings without Dwelling Units or Group Living Accommodations or located South of Durant Avenue Standard Based on Building Height
1 story 2
stories
3 stories
4 stories
Supplemental
Standards
Lot Coverage, Maximum
Interior and Through Lot 45% 50% 40% 35%
Corner Lot 50% 50% 45% 40%

23.304.120-
Lot Coverage
Increase in Lot Coverage.

An AUP may be approve to increase lot coverage up to 100 percent for a main building that contains dwelling units, contains group living accommodations, or is located north of Durant Avenue.

To approve an AUP, a finding must be made that the increase is appropriate given the setbacks and architectural design of surrounding buildings.

Section 12. That the Berkeley Municipal Code 23.202.150(D) is hereby amended to read:

D. Ground-floor Uses. See Table 23.202-208: Permitted Street-Facing Ground Floor Uses.

TABLE 23.202-208: PERMITTED STREET-FACING GROUND FLOOR USES

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F

RONTAGE LOCATIONS P

ERMITTED STREET-FACING GROUND
F

LOOR 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
publ
ic spaces
Resid
ential or Non-Residential Uses
Along Sacramento, along the Ohlone Greenway,
or within 50 feet of any street corner
Resid
ential 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 i
nclude businesses in the following use categories: Retail; Personal and House
hold Services; Food and Alcohol Service, and Entertainment. [2]
Public entrances for non-residential uses fronting Tremont Street must be located on Woolsey
Street.

Section 13. That the Berkeley Municipal Code 23.202.150(F)(1) and (2) are hereby amended to read:

F. Development Standards.

1. Basic Standards. See Table 23.202-218.

2. Supplemental Standards. Supplemental standards that apply in the R- BMU district are noted in Table 23.202-219.

TABLE 23.202-219: R-BMU DEVELOPMENT STANDARDS

SUPPLEMENTAL

STANDARDS
Lot Area, Minim
um No minimum 23.304.020-Lot
Requirements
Private Usable Open
Space, Minimum [1][2]

23.304.090-
Usable Open
Space
Per Dwel
ling Unit 40 sf/DU 23.304.090-
Usable Open

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Space
Per Group Livi
ng
Accommoda
tion Resident
15 sf/residen
t 23.304.090-
Usable Open
Space
Public Open Space,
Minimum
Per Dwel
ling Unit 35 sf/unit
Per Group Livi
ng
Accommoda
tion Resident
18 sf/residen
t
Floor
Area Ratio (FAR),
M
aximum

4.2 Main Building Height,
Maximum [3]
80 feet and 7 stories 23.304.050-
Building Height
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 provisi
on of an equal amount of additional Public Open Space.
[3]
Building Height Measurement: In the case of a roof with a parapet wall, building heig
ht shall be measured to the top of the roof and parapets may exceed the height limi
ts by up to five feet by right.

Section 14. That the following lines under the category “Residential Uses” in Table

23.204-1 (Allowed Uses in Commercial Districts) within Berkeley Municipal Code

23.204.020 (Allowed Land Uses) are hereby amended to read:

COMMERCIAL DISTRICTS
ZC = 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

REGULATI
ONS
Residential Uses
Dwellings
Single-Family UP(PH) UP(P
H)*
UP(P

H) UP(PH) UP(P
H)
UP(P
H)
UP(
PH)*
UP(
PH)
UP(P
H)
UP(
PH)
UP(P
H)

23.204.060.B.3
;

23.302.070(H)

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COMMERCIAL DISTRICTS
ZC = Zoning
Certificate
AUP =
Admini
strative 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
U
SE-

SPECIFIC

REGULATI
ONS
Two-Family UP(PH) UP(P
H)*
UP(P

H) UP(PH) UP(P
H)
UP(P
H)
UP(
PH)*
UP(
PH)
UP(P
H)
UP(
PH)
UP(P
H)

23.204.060.B.3
;

23.302.070(H)
Multi-Family UP(PH) UP(P
H)*
UP(P

H) UP(PH) UP(P
H)
UP(P
H)
UP(
PH)*
UP(
PH)
UP(P
H)
UP(
PH)
UP(P
H)

23.204.060.B.3
;

23.302.070(H)
Group Living
Accommodation UP(PH) UP(P
H)*
UP(P

H) UP(PH) UP(P
H)
UP(P
H)
UP(
PH)*
UP(
PH)
UP(P
H)
UP(
PH)
UP(P
H)

23.204.060.B.3
;

23.302.070(H)
Hotel,
Residential UP(PH) UP(P
H)*
UP(P

H) UP(PH) UP(P
H)
UP(P
H)
UP(
PH)*
UP(
PH)
UP(P
H)
UP(
PH)
UP(P
H)

23.204.060.B.3
;

23.302.070(H)
Mixed-Use
Residential UP(PH) UP(P
H)*
UP(P

H) UP(PH) UP(P
H)
UP(P
H)*
UP(
PH)*
UP(
PH)
UP(P
H)
See
Tabl
e

23.2 04-4
1 UP(P
H)

23.204.060.B.3
;

23.204.100.B.4
;

23.204.110.B.5
;

23.302.070(H)
Senior
Congregate
Housing
See 23.302.070.HI
Section 15. That Berkeley Municipal Code Section 23.204.110(B)(5) is hereby amended to read:

5. Residential-Only Buildings Use, Ground Floor. Residential uses are permitted on the ground floor where located behind a commercial use. The ground floor commercial use must meet the following standards:
a. Occupy a minimum 30-foot depth of the ground floor, as measured from the ground floor street frontage, and
a.b. Occupy the full extent of the building frontage, excluding required utilities, driveways, pedestrian access and residential lobby. Residential-only buildings are not permitted in the C-T district. Dwelling units and group living accommodations are allowed only above the ground floor in a mixed-use building.

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Section 16. That Berkeley Municipal Code Section 23.204.110(D) is hereby amended to read:

D. Development Standards.

1. Basic Standards. See Table 23.204-32: C-T Development Standards.

TABLE 23.204-32: C-T DEVELOPMENT STANDARDS

BASIC STANDARDS SUPPLEMENTAL STANDARDS
Lot Area Minimum
New Lots No minimum
Per Group Living
Accommodation Resident No minimum 350 sq. ft. [1]

23.304.020-Lot
Requirements
Residential Density
Minimum (du/acre) 200
Maximum (du/acre) No maximum

23.106.100-Residential
Density
Usable Open Space, Minimum
40 sq. ft. per 1,000 sq.
ft. of gross residential
floor area

23.304.090-Usable Open
Space
Space Per Dwelling Unit 40 sq. ft. [4]
Per Group Living Accommodation
Resident No minimum
Floor Area Ratio, Maximum 8.0
South of Dwight Way 4.0
North of Dwight Way 5.0 [2]
Telegraph/Channing Parking
Garage, APN 55-1879-6-1 [3] No maximum
Main Building Height, Minimum 35 ft. 23.304.050-Building Height Main Building Height, Maximum 85 ft. 23.304.050 – Building Height
South of Dwight Way 50 ft. [2]
North of Dwight Way 65 ft. [2]
Telegraph/Channing Parking
Garage [3] , APN 55-1879-6-1 85 ft. and 7 stories
Lot Line Setbacks, Minimum
Abutting/Confronting a Non-
residential District No minimum

23.304.030-Setbacks

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Abutting/Confronting a
Residential District See 23.304.030(.C)(.2)
Building Separation, Minimum No minimum

23.304.040-Building
Separation in Residential
Districts
Lot Coverage, Maximum 100% 23.304.120-Lot Coverage
Notes:
[1] One additional resident is allowed for remaining lot area between 200 and 350 square feet.
[2] Increased FAR and height allowed with Use Permit. See Table 23.204-33. [3] APN 55-1879-6-1.
[4] No dimension may be less than 6 feet.

2. Lots Abutting or Confronting a Residential District. See 23.304.130 (Non- Rresidential Districts Abutting a Residential District) for additional building feature requirements for lots that abut or confront a Residential District.

3. Increased Group Living Density.
a. Projects with group living accommodations occupying 50 percent or more of the total building floor area are eligible for increased density. b. To approve a Use Permit to increase the density of a group living accommodation the ZAB must make the following findings:
i. The increase in density will not be detrimental to the immediate neighborhood; and
ii. The project meets the purposes of the district.

4. Height and FAR Increases.
a. Projects with 50 percent or more of the total building floor area for residential use are eligible for increased building height and FAR as shown in Table

23.204-33.

TABLE 23.204-33: C-T ALLOWED HEIGHT AND FAR INCREASES
Allowed Increase
Project Location Height FAR
South of Dwight Way 65 ft. and 5 stories No increase allowed North of Dwight Way 75 ft. 6.0

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Text highlighted in gray consists of non-substantive technical edits and renumbering. b. The ZAB may allow the increased height and FAR with a Use Permit upon finding that the project will not result in a significant reduction in sunlight on Telegraph Avenue sidewalks.

5. Shade Studies.
a. A shade study is required for all proposed buildings exceeding three stories or 40 feet.
b. Based on the findings of the shade study, the ZAB may require the fourth or higher story of a building to be set back to minimize shade impacts on adjacent properties or the public right-of-way.

6.3. Environmental Impacts. Projects that may create environmental impacts as described in the Southside Plan Final EIR shall be subject to the adopted Mitigation Monitoring and Reporting Program (MMRP).

Section 17. That Berkeley Municipal Code Section 23.204.120(D) is hereby amended to read:

D. Development Standards.

1. Basic Standards. See Table 23.204-334: C-SO Development Standards. For residential-only projects, see also Table 23.204-345: C-SO Setback and Building Separation Standards for Residential-Only Uses and Table 23.204-356: C-SO Lot Coverage Standards for Residential-Only Uses.

TABLE 23.204-3433: C-SO DEVELOPMENT STANDARDS
Project Land Use
Non-
Residential
and Mixed
Use
Mixed-
Use [1]
Residential
Only [1]
Suppl
emental
Standards
Lot Area, Minim
um
New
Lots No mini
mum 5,000 sq. ft 23.304.020– Lot
Requirements
Per Group Living
Accommodation Resident 350 sq. ft. [2]
Usable Open Space,
Minimum
Per Dwel
ling Unit 40 sq. ft. [4] 200 sq. ft.

Per Group Livi
ng
Accommoda
tion
Resid
ent
No mini
mum
90 sq. ft.

23.304
.090–
Usabl
e Open
Space

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Project Land Use
Non-
Residential
and Mixed
Use
Mixed-
Use [1]
Residential
Only [1]
Suppl
emental
Standards
Floor Area Ratio, Maximum 2.0 No maxim
um
Main
Building Height,
Minim
um No mini
mum
Main
Building Height,
Maximum 28 ft. and 2 stories 23.304
.050–
Build
ing Height
Lot Line
Setbacks, Minimum
Abutting/Confronting a
Non-residential District No mini
mum
Abutting/Co
nfronting a
Resid
ential District See 23.304
.030.C.2
See
Table

23.204-35
Table

23.204-34

23.304
.030–
Setbacks
Build
ing Separation,
Minim
um No minimum [3]
See
Table

23.204-35
Table

23.204-34

23.304
.040–
Build
ing
Separa
tion in
Resid
ential
Districts
Lot Covera
ge, Maximum 100%
See
Table

23.204
-36Table

23.204
-35

23.304.120– Lot
Coverage
Notes:
[1] For mixed use and residential only projects, development standards included in this table may be modified. See 23.204.120.(D).(3).
[2] One additional resident is allowed for remaining lot area between 200 and 350 square feet.
[3] For mixed-use projects, minimum building separation shall be as required for residential-only projects
[4] No dimension may be less than 6 feet.

TABLE 23.204-3534: C-SO SETBACK AND BUILDING SEPARATION STANDARDS FOR

RESIDENTIAL-ONLY USES
S

TANDARDS BY BUILDING
S
TORY
1ST 2
ND 3RD
S

UPPLEMENTAL
S

TANDARDS

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Lot Line Setbacks, Minimum [1]
Front 15 ft. 15 ft. 15 ft.

Rear 15 ft. 15 ft. 15 ft.

Interior 4 ft. 4 ft. 6 ft.

Street Side 6 ft. 8 ft. 10 ft.

23.304.030– Setbacks
Build
ing Separation, Minimum
[1] 8 ft. 12 ft. 16 ft.

23.304.040– Building
Separation in Residential
Districts
[1] For
mixed use and residential-only projects, development standards included in this table may be
modified. See 23.204.120.(D).(3).

TABLE 23.204-3635: C-SO LOT COVERAGE STANDARDS FOR RESIDENTIAL-ONLY USES S

TANDARD BASED ON
B

UILDING HEIGHT
1 STORY 2

STORIES
3 STORIES

SUPPLEMENTAL

STANDARDS
Lot Covera
ge, Maximum [1]
Interior and
Through Lots 45% 45% 40%
Corner Lots 50% 50% 45%

23.304.120– Lot
Coverage
[1] For
mixed use and residential-only projects, development standards included in this table may be
modified. See 23.204.120.(D).(3).

Section 18. That Berkeley Municipal Code Section 23.204.120(D)(3) is hereby amended to read:

3. Modification to Standards –Mixed Use and Residential-Only Projects. The ZAB may modify development standards in Table 23.204-334, Table 23.204-345, and Table 23.204-356 for a mixed-use or residential-only project with a Use Permit upon making one of the following findings:
a. The modification will encourage public transit utilization and existing off-street parking facilities in the area of the proposed building. b. The modification will facilitate the construction of residential or tourist hotel uses where appropriate.
c. The modification will permit consistency with the building setbacks existing in the immediate area where a residential building setback would not serve a useful purpose.

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Section 19. That Berkeley Municipal Code Section 23.204.130(E)(1)(a) is hereby amended to read:

1. Height.
a. Height Limits. Table 23.204-367: C-DMU Height Limits shows height limits in the C-DMU district, except as otherwise allowed by Paragraph 2 below. See Figure 23.204-5: C-DMU Sub-Areas for district sub-area boundaries.

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FIGURE 23.204-5: C-DMU SUB-AREAS

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TABLE 23.204-367: C-DMU HEIGHT LIMITS
S

UB-AREA M

INIMUM MAXIMUM MAXIMUM WITH USE PERMIT
Core Area 50 ft.

Outer Core 40 ft.

Corridor 40 ft.
60 ft. 75 ft.

Buffer No minimum 50 ft. 60 ft.

Section 20. That Berkeley Municipal Code Section 23.204.130(E)(2)(a) Table 23.204-38 is hereby amended to read:

TABLE 23.204-378: C-DMU INCREASED HEIGHT ALLOWANCE
Height
Sub-Area
Number of
Buildings Minimum Maximum
Combined Core and
Outer Core 2 75 ft. 120 ft.

Core 3 120 ft. 180 ft.

Section 21. That Berkeley Municipal Code Section 23.204.130(E)(3)(a) is hereby amended to read:

3. Setbacks.
a. Basic Standards. Table 23.204-389 shows minimum required lot line setbacks in the C-DMU district. Additional standards are listed in

23.204.130.3.d.

TABLE 23.204-389:C-DMU SETBACK STANDARDS
M

INIMUM INTERIOR SIDE
P

ORTION OF BUILDING
AT
H
EIGHT OF:

FRONT 65’ AND LESS

FROM LOT

FRONTAGE
OVER 65’

FROM LOT

FRONTAGE

MINIMUM REAR
Zero to 20 feet No
minimum.
5 ft. max.

No minimum
21 feet to 75 feet No
minimum. No minimum 5 ft.
76 feet to 120 feet 15 ft. min. 5 ft. 15 ft.

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Over 120 feet 15 ft.
min. 15 ft.

Section 22. That Berkeley Municipal Code Section 23.204.130(E)(3)(b) is hereby amended to read:
b. Modifications to Standards. The ZAB may modify the setback standards in Table 23.204-389 with a Use Permit upon finding that the modified setbacks will not unreasonably limit solar access or create significant increases in wind experienced on the public sidewalk.

Section 23. That Berkeley Municipal Code Section 23.204.130(E)(3)(c) is hereby amended to read:
c. Residential Transitions. The setback standards in Table 23.204-389 shall not apply to commercial lots abutting or confronting residential zoning. Such lots shall comply with Section 23.304.030.(C).(2)—Setbacks (Lots Adjacent to Residential Districts)
Section 24. That Berkeley Municipal Code Section 23.204.130(E)(4) is hereby amended to read:

4. Usable Open Space. Table 23.204-3940 shows minimum required usable open space in the C-DMU district.

TABLE 23.204-3940: C-DMU USABLE OPEN SPACE REQUIREMENTS M

INIMUM USABLE OPEN SPACE S

UPPLEMENTAL STANDARDS
Residential
Uses
80 sq. ft.
/unit [1] 23.304.090– Usable Open Space
Non-
Residential
Uses
1 sq. ft
. of privately-owned public
open
space per 50 sq. ft. of
commercia
l floor area.

Note:
[1] Each square foot of usable open space provided as privately-owned public open space is counted as two square feet of required on-site open space.

Section 25. That Berkeley Municipal Code Section 23.204.140(B)(2) is hereby amended to read:

2. Mixed-Use Residential.
a. See Table 23.204-401 for mixed-use residential permit requirements in the C- W district.

TABLE 23.204-401: C-W MIXED-USE RESIDENTIAL PERMIT REQUIREMENTS

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Total Project Floor Area Permit Required
Projects wi
th both residential and retail uses where the
retail
space comprises 15% to 33% of total gross floor
area
Less than 20
,000 square feet ZC
20,000 square feet or more UP(PH)
All other
mixed-use residential projects
Less than 5,00
0 square feet ZC
5,000 to 9,000
square feet AUP
More than 9,00
0 square feet UP(PH)
b. All new retail uses in an existing mixed-use development are subject to the permit requirements for mixed use development as shown in Table 23.204- 401.

Section 26. That Berkeley Municipal Code Section 23.204.140(E)(1) is hereby amended to read:

E. Development Standards.

1. Basic Standards. See Table 23.204-412 for development standards in the C-W district.

TABLE 23.204-412: C-W DEVELOPMENT STANDARDS

BASIC STANDARDS SUPPLEMENTAL

STANDARDS
Lot Area Mini
mum
New Lots
Per Group Living Accommodation Resident
No mini
mum

23.304
.020– Lot
Requ
irements
Usabl
e Open Space, Minimum
Per Dwelling Unit or Live/Work Unit 40 sq. ft.

Per Group Living Accommodation Resident No minimum

23.304
.090–
Usabl
e Open
Space
Floor Area R
atio, Maximum 3.0
Main
Building Height, Minimum No minimum
Main
Building Height, Maximum 40 ft.
and 3 stories
[1,2]

23.304
.050–
Build
ing Height
Lot Line
Setbacks, Minimum 23.304
.030–

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Abutting/Co
nfronting a Non-residential
District No mini
mum
Abutting/Co
nfronting a Residential District See

23.304.030.C.2
Setbacks
Build
ing Separation, Minimum No mini
mum
Lot Covera
ge, Maximum 100% 23.304
.120– Lot
Covera
ge
Notes:
[1] 50 ft. and 4 stories allowed for mixed-use projects. The fourth floor must be used for residential or live/work purposes.
[2] On Assessor Parcel Numbers 054-1763-001-03, 054-1763-010-00 and 054-1763- 003-03 the maximum height is 50 feet and 4 stories.

Section 27. That Berkeley Municipal Code Section 23.204.150(B)(3)(a) is hereby amended to read:

3. Permitted Ground Floor Uses.
a. Commercial and Active Commercial Required. In addition to other requirements of the C-AC district, the first 30 feet of depth of the ground floor, as measured from the frontage which abuts the portions of Adeline Street, Shattuck Avenue, MLK, Jr. Way or Ashby Avenue identified in Table 23.204- 423: C-AC Permitted Ground Floor Uses shall be reserved for either Active Commercial Uses, or for commercial uses. Ground floor tenant spaces with frontages on streets not identified below can be used for any use permitted in the district.

TABLE 23.204-423: C-AC PERMITTED GROUND FLOOR USES
AREA P

ERMITTED GROUND FLOOR USE
Shattuck Avenue
between Dwight and Derby Commerci
al Uses
Shattuck betwee
n Ward and Russell
Adeli
ne between Russell and City boundary
Ashby, east of Adeline
North side
of Ashby, west of Adeline
Active Commercial Uses
Section 28. That Berkeley Municipal Code Section 23.204.150(E)(1) is hereby amended to read:

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1. Basic Standards. See Table 23.204-434: C-AC South Shattuck Subarea Development Standards, and Table 23.204-445: C-AC North and South Adeline Subarea Development Standards.

Text highlighted in gray consists of non-substantive technical edits and renumbering.

Section 29. That Berkeley Municipal Code Section 23.204.150(E)(5) Table 23.204-44 is hereby amended to read:

TABLE 23.204-434: C-AC SOUTH SHATTUCK SUBAREA DEVELOPMENT STANDARDS PROJECT LAND USE [5]
Residential
and Mixed
Use Tier 1
(Less than
14%
affordable
housing)
Residential
& Mixed
Use Tier 2
(14%
affordable
housing)
Residential
& Mixed
Use Tier 3
(21%
affordable
housing)
Residential
& Mixed
Use Tier 4
(25%
affordable
housing)
Residential
& Mixed
Use (100%
affordable
housing)
Group Living
Accommodation
[6]
Non-
Residential

SUPPLEMENTAL

STANDARDS
Lot Area Mini
mum 23.304.020–
Lot
Requirements
New Lots No mini
mum 350 sq. ft.

Per Group Livi
ng
Accommoda
tion
Resid
ent
N/A 350 sq. ft.
[1]
Usable Open Space,
Minimum [3]
40 sq. ft
Per Dwel
ling
Unit/GLA Resid
ent
[4]
40 sq. ft. 23.304.090–
Usable Open
Space
Floor Area Ratio,
Maximum 2.5 4.0 5.0 5.5 5.5 2.5 2.5
Main
Building Height,
Maximum
4 stories
45 feet
6 stories
65 feet
7 stories
75 feet
8 stories
85 feet
8 stories
90 feet
4 stories
45 feet
4 stories
45 feet

23.304
.050–
Build
ing
Heig
ht

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P
ROJECT LAND USE [5]
Residential
and Mi
xed
Use Tier 1
(Less than
14%
affordable
housin
g)
Residential
& Mixed
Use Tier 2
(14%
affordable
housin
g)
Residential
& Mixed
Use Tier 3
(21%
affordable
housin
g)
Residential
& Mixed
Use Tier 4
(25%
affordable
housin
g)
Residential
& Mixed
Use (10
0%
affordable
housin
g)
Group
Living
Accomm
odation
[6]
Non-
Residential

SUPPLEMENTAL

STANDARDS
Residential Density,
Maximum (du/acre)
[2]
120 210 250 300 300
1 GLA
resident per
350 sf of lot
area
N/A
Lot Line Setbacks, Minimum
Abutting/Confronting
a Non-residential
District
No minimum
Abutting/Confronting
a Residential District
See 23.204
.150.(GE)

23.304
.030–
Setbacks
Build
ing Separation,
Minim
um
No minimum
Lot Coverage, Maximum
Interior Lot 60% 90% 90% 90% 90% 60% 100%
Corner Lot 70% 90% 90% 95% 95% 70% 100%

23.304
.120–
Lot Covera
ge

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P
ROJECT LAND USE [5]
Residential
and Mi
xed
Use Tier 1
(Less than
14%
affordable
housin
g)
Residential
& Mixed
Use Tier 2
(14%
affordable
housin
g)
Residential
& Mixed
Use Tier 3
(21%
affordable
housin
g)
Residential
& Mixed
Use Tier 4
(25%
affordable
housin
g)
Residential
& Mixed
Use (10
0%
affordable
housin
g)
Group
Living
Accomm
odation
[6]
Non-
Residential

SUPPLEMENTAL

STANDARDS
Notes:
[1] One additional resident is allowed for remaining lot area between 200 and 350 square feet. [2] For the purposes of calculating the State Density Bonus the Tier 1 density shall constitute the maximum allowable gross residential density. Tier 2, 3, and 4 density is authorized as a local density bonus under Government Code section 65915(n).
[3] An AUP may be granted to reduce useable open space requirements if shown to be necessary to build an all- electric building.
[4] Each square-foot of open space that is designated as publicly accessible open space shall be counted as two square-feet of required on-site open space.
[5] Affordable units calculated as percentage of total units Section 30. That Berkeley Municipal Code Section 23.204.150(E)(5) Table 23.204-45 is hereby amended to read:

TABLE 23.204-445: C-AC NORTH AND SOUTH ADELINE SUBAREA DEVELOPMENT STANDARDS Project Land Use [6] Suppl
emental

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Residential
and Mixed
Use Tier 1
(Less than
14%
affordable
housing)
Residential
& Mixed
Use Tier 2
(14%
affordable
housing)
Residential
& Mixed
Use Tier 3
(21%
affordable
housing)
Residential
& Mixed
Use Tier 4
(25%
affordable
housing)
Residential
& Mixed
Use (100%
affordable
housing)
Group Living
Accommodation
Non-
Residential
Standards
Lot Area Mini
mum 23.304.020-Lot
Requirements
New Lots No minimum
Per Group Livi
ng
Accommoda
tion
Resid
ent
N/A 350 sq. ft.
[1] N/A
Usable Open Space,
Minimum [3]
40 sq. ft.

Per Dwel
ling
Unit/GLA Resid
ent
[4]
N/A
40 sq. ft.

23.304.090-
Usable Open
Space
Floor Area Ratio,
Maximum 2.0 3.5 4.0 5.0 5.0 2.5 2.8
Resid
ential Density,
Maximum (du
/acre) [2] 100 150 210 250 250
1 GLA
reside
nt per
350 sf of lot
area
N/A

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Main
Building Height,
Maximum 3 stories
35 feet
5 stories
55 feet
6 stories
65 feet
7 stories
75 feet
7 stories
80 feet
4 stories
45 feet
3 stories
45 feet
Lot Line Setbacks, Minimum
Abutting/Confronting
a Non-residential
District
No minimum 23.304.030-
Setbacks
Abutting/Confronting
a Residential District
10 ft
20 ft from any shared lot line for any portion exceeding 35 feet 45 ft from front property line for any portion exceeding 45 feet N/A

23.304.030-
Setbacks

23.204.150.E.5
Building Separation,
Minimum
No minimum
Interior Lot 60% 90% 90% 90% 90% 60% 100%
Corner Lot 70% 90% 90% 95% 95% 70% 100%

23.304.040-
Building
Separation in
Residential
Districts
Lot Covera
ge,
Maximum
100%

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Notes:
[1]
One additional resident is allowed for remaining lot area between 200 and 350 square feet. [2]
For the purpose State Density Bonus calculation, the Tier 1 density is the maximum allowable gross residential densi
ty. Tier 2, 3, and 4 density is authorized as a local density bonus under Government Code section 65915(n). [3]
An AUP may be granted to reduce useable open space requirements if shown to be necessary to build an all- electric
building.
[4]
Each square-foot of open space that is designated as publicly accessible open space shall be counted as two square
-feet of required on-site open space.
[5]
Affordable units calculated as percentage of total units

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Section 31. That Berkeley Municipal Code Section 23.204.150(F)(2)(b) is hereby amended to read:
b. Active Commercial Areas. Ground floor frontages in areas identified as Active Commercial in Table 23.204-423 shall meet the requirements of

23.204.150(F)(2)(a) except:
i. Ground floors shall have a minimum floor to floor height of 15 feet and a minimum floor to ceiling height of 12 feet.
ii. Facades shall provide at least 75 percent transparency between 3 and 10 feet above grade (doors and transparent windows) to allow maximum visual interaction between sidewalk areas and the interior. Dark or mirrored glass will not satisfy this requirement.

Section 32. That Berkeley Municipal Code Section 23.204.150(F)(2)(c) is hereby amended to read:
c. Commercial Use Areas. Ground floor frontages in areas identified as commercial in Table 23.204-423 shall meet the requirements of

23.204.150(F)(2)(a) except:
i. Ground floors shall have a minimum floor to floor height of 15 feet and a minimum floor to ceiling height of 12 feet.
ii. Facades shall provide at least 65% transparency between 3 and 10 feet above grade (doors and transparent windows) to allow maximum visual interaction between sidewalk areas and the interior of office spaces. Dark or mirrored glass will not satisfy this requirement.

Section 33. That Berkeley Municipal Code Sub-Sections 23.302.070(H) through (K) are hereby amended to read:

H. Residential Use, Ground-Floor Units.

1. Southside Plan Area. In the R-3, R-S, R-SMU, and C-T districts within the Southside Plan boundaries, individual unit entries located within six feet of the front property line shall be at least 18 inches above the finished grade of the adjacent public frontage.

H.I. Senior Congregate Housing. Table 23.302-10 shows permits required for senior congregate housing.

TABLE 23.302-10: PERMIT REQUIREMENTS FOR SENIOR CONGREGATE HOUSING

PROJECT PERMIT REQUIRED

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Chan
ge of use from an existing dwelling unit to accommodate six or fewer peo
ple ZC
Change of use from an existing dwelling unit to accommodate seven or more people AUP
New construction to accommodate any number of people UP(PH) I.J. Supportive Housing.

1. Permits Required. Supportive housing shall be allowed by right in zones where multifamily and mixed uses are permitted, if the proposed housing development satisfies requirements pursuant to Government Code Section 65651(a).

J.K. Smoke Shops. In all districts, smoke shops are not permitted within 1,400 feet of a school or public park.

K.L. Warehouse Storage for Retail Use.

1. In all districts where retail uses are allowed, on-site storage of goods is allowed as an accessory use to a primary retail use on the lot.

2. The storage of goods for a contiguous and directly accessible retail space is allowed in the MU-LI and MU-R districts subject to the following:
a. An AUP is required for storage 3,000 square feet or less; a Use Permit is required for storage more than 3,000 square feet.
b. Except for food product stores in the MU-LI district, the storage is permitted only for uses within the district. Storage for retail uses wholly or partially outside the district is not permitted.

Section 34. That Berkeley Municipal Code Section 23.304.030 Table 23.304-1 is hereby amended to read:

TABLE 23.304-1: ALLOWED SETBACK REDUCTIONS IN RESIDENTIAL DISTRICTS

DISTRICT
WHERE

ALLOWED

WHEN ALLOWED

MINIMUM SETBACK

WITH REDUCTION

REQUIRED

PERMIT REQUIRED ADDITIONAL
FINDINGS [1]
Front Setback Reductions

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DISTRICT
WHERE

ALLOWED

WHEN ALLOWED
M

INIMUM SETBACK

WITH REDUCTION

REQUIRED

PERMIT REQUIRED ADDITIONAL
FINDINGS [1]
ES-R On any lot No minimum. UP(PH) [2]
The reduced setback is:
1) necessary to allow
economic use of property
due to the size, shape of
the lot or the topography
of the site; and 2)
consistent with the ES-R
district purpose.

R-S; R-
SMU On any lot No minimum AUP
The reduced setback is
appropriate given the
setbacks and
architectural design of
surrounding buildings
R-SMU
For either: 1) a
main building
with dwelling
units or group
living
accommodatio
ns; or 2) any
building north
of Durant
Avenue
No minimum AUP
The reduced setback is
appropriate given the
setbacks and
architectural design of
surrounding buildings
Rear Setback Reductions
ES-R [3] On any lot No minimum UP(PH) [2]
The reduced setback is:
1) necessary to allow
economic use of property
due to the size, shape of
the lot or the topography
of the site; and 2)
consistent with the ES-R
district purpose.

R-1, R-
1A
On a lot less
than 100 ft.
deep
20% of lot depth ZC None
R-1A To construct a
dwelling unit 12 ft. AUP
The unit would not cause
a detrimental impact on
emergency access; or on
light, air or privacy for
neighboring properties.

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DISTRICT
WHERE

ALLOWED

WHEN ALLOWED
M

INIMUM SETBACK

WITH REDUCTION

REQUIRED

PERMIT REQUIRED ADDITIONAL
FINDINGS [1]
R-2, R-
2A, R-3,
R-4, R-5
[4], R-S,
R-SMU
On a lot with
two or more
main buildings
with dwelling
units
No minimum AUP No additional findings
R-SMU
For either: 1) a
main building
with dwelling
units or group
living
accommodatio
ns; or 2) any
building north
of Durant
Avenue
No minimum AUP
The reduction is
appropriate given the
setbacks and
architectural design of
surrounding buildings
Side Setback Reductions
ES-R [3] Any lot
No minimum
UP(PH) [2] The reduced setback is:
1) necessary to allow
economic use of property
due to the size, shape of
the lot or the topography
of the site; and 2)
consistent with the ES-R
district purpose.

R-1, R-
1A
Lot width less
than 40 ft. [45]
10% of lot width
or 3 ft.,
whichever is
greater
ZC
None
R-2, R-
2A
Lot width less
than 40 ft.

First and
second stories:
10% of lot width
or 3 ft.,
whichever is
greater; Third
story: 5 ft.

ZC
None

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DISTRICT
WHERE

ALLOWED

WHEN ALLOWED
M

INIMUM SETBACK

WITH REDUCTION

REQUIRED

PERMIT REQUIRED ADDITIONAL
FINDINGS [1]
R-SMU
For either: 1) a
main building
with dwelling
units or group
living
accommodatio
ns; or 2) any
building north
of Durant
Avenue
No minimum AUP
The reduced setback is
appropriate given the
setbacks and
architectural design of
surrounding buildings
Notes:
[1] Findings are in addition to any AUP or Use Permit findings required in 23.406- Specifc Permit Requirements.
[2] Fire Department must review and approve reduced setbacks in respect to fire safety. [3] For lots less than 5,000 square feet, reductions are not allowed for property lines abutting a property under different ownership.
[4] Parcels located within the R-3 district within the Southside Plan boundaries are exempt from this section.
[45] Not permitted for rear main buildings in the R-1A district.

Section 35. That Berkeley Municipal Code Section 23.304.030 Table 23.304-3 is hereby amended to read:

TABLE 23.304-3: SETBACKS ADJACENT TO RESIDENTIAL DISTRICTS Minimum Lot Line Setback when Lot Line Abuts or Confronts a Lot in a Residential District
District Front Rear Interior
Side Street Side
All
Commercial
DistrictsC-C,

C-U, C-N,

C-E, C-NS,

C-SA, C-

SO, C-DMU,

C-W, C-AC,
MU-LI
Same as required
in adjacent
Residential
District [1]
10 feet or 10% of
the lot depth,
whichever is less
5 ft.

Same as required
in adjacent
Residential District
[1]
C-T No minimum 5 ft. 4 ft.

MU-R 10 ft. [1] 10 feet or 10% of the lot width, whichever is less [2]

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Notes:
[1] In the MU-LI and MU-R districts, setback may be reduced to the smaller of front setbacks on abutting lot with an AUP.
[2] This applies to lots that abut or confront a lot either in a Residential District or containing one or more dwelling units.

Section 36. That Berkeley Municipal Code Section 23.304.040 Table 23.304-4 is hereby amended to read:

TABLE 23.304-4: PERMITS REQUIRED FOR BUILDING SEPARATION REDUCTIONS IN

RESIDENTIAL DISTRICTS

DISTRICT
WHERE

ALLOWED
WHEN

ALLOWED
PERMIT
REQUIRED FINDINGS [1]
R-1A On a lot with
two or more
main
buildings with
a dwelling
unit
AUP
The unit would not cause a detrimental
impact on emergency access; or on
light, air or privacy for neighboring
properties.

R-2, R-2A, R-
3[2], R-4, R-5,

R-S, R-SMU
On a lot with
two or more
main
buildings with
a dwelling
unit
AUP No additional findings
ES-R [32] Any lot UP(PH)
1) The reduced building separation is
necessary to allow economic use of
property for residential purposes; 2) the
development complies with all other
applicable setback, coverage, and floor
requirements; and 3) the reduced
building separation is consistent with the
ES-R district purpose.

Notes:
[1] Findings in addition to AUP or Use Permit findings required in in Chapter 23.406. [2] Parcels located within the R-3 district within the Southside Plan boundaries are exempt from this section.
[3] Fire Department must review and approve reduced setbacks in respect to fire safety.

Section 37. That Berkeley Municipal Code Section 23.304.050(C) is hereby added to read:

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C. Parapets Allowed Above Height Limit. Parapets may exceed the height limit by up to five feet as of right in the following districts:

1. The R-3, R-S, R-SMU, and C-T districts located within the Southside Plan boundaries.

2. The C-DMU district (see Section 23.204.13 0(E)(1)(b)).

3. The R-BMU district (see Section 23.202.150(F)).

4. The C-AC district (see Section 23.204.150(E)(4)).

Section 38. That Berkeley Municipal Code Section 23.304.090 is hereby amended to read:

A. Applicability. The standards in this section apply to areas used to satisfy minimum usable open space requirements.

1. Southside Plan Area Standards.
a. For parcels located in the R-3, R-S, R-SMU, or C-T districts within the Southside Plan boundaries, the minimum usable open space required is calculated on a per 1,000 square feet of gross residential floor area basis. b. Certain development projects located in the R-3, R-S, R-SMU or C-T districts within the Southside Plan boundaries may satisfy a portion of the required usable open space by providing residential amenities that meet the qualifying criteria in Section 23.304.090(D) and (E).

B. Standards.

1. Accessibility and Use. Usable open space shall be accessible to the occupants of the building for active or passive recreation use.

2. Assignment to Unit. An area which is accessible and/or usable only by the occupants of a particular dwelling unit may satisfy the usable open space area requirements only for that particular dwelling unit.

3. Minimum Dimensions. Except for balconies, a usable open space area must have a minimum width and length of 10 feet.

4. Balconies.
a. A maximum of 50 percent of the total required usable open space area may be satisfied by balconies.
b. A balcony must have a minimum width and length of 6 feet. c. At least one exterior side must be open and unobstructed except for required railings.

5. Uncovered. Except for balconies, usable open space shall be at least 75 percent open to the sky.

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6. Slope. Usable open space must have a slope of 8 percent grade or less.

7. Landscaping.
a. At least 40 percent of the total required usable open space area, exclusive of balconies above the ground floor, shall be landscaped.
b. A landscaped area may not include off-street parking spaces, driveways, paved walkways and paths, patios and other surfaces covered by concrete or asphalt.
c. For multiple dwelling uses, required landscaped areas shall incorporate automatic irrigation and drainage facilities adequate to assure healthy growing conditions for plants.

8. Amenities. Usable open space which is not planted shall be developed to encourage outdoor active or passive recreational use and shall include such elements as decks, sports courts, outdoor seating, decorative paved areas and walkways which do not serve as entrance walkways.

9. Access Features Not Included. Usable open space may not contain area designated for off-street parking and loading, service areas, driveways, required walkways or other features used for access to dwelling units.

C. Other Open Space Areas. Areas of the lot which do not qualify as usable open space and which are not designated as driveways, off-street parking spaces or required walkways, shall be retained as landscaped areas D. Southside Plan Area Shared Indoor Residential Amenities. A development project located in the R-3, R-S, R-SMU or C-T districts may provide up to 50 percent of the total usable open space required through one or more of the following shared residential amenities. Each shared amenity space shall have a minimum width and length of 10 feet.

1. Gym/Health Club/Fitness Studio;

2. Multipurpose room; or

3. Pet wash room.

E. Southside Plan Area Pedestrian Amenities. A development project located in the R-3, R-S, R-SMU or C-T districts within the Southside Plan boundaries may provide pedestrian amenities located on private property in the space immediately adjacent to the building frontage.

1. Each square foot of pedestrian amenity space is counted as 1.5 square feet of usable open space.

2. Pedestrian amenities shall meet all of the following criteria:

Text highlighted in gray consists of non-substantive technical edits and renumbering. a. Has an average minimum depth of six feet, measured from the front property line;
a.
b. Does not contain enclosed structures;
c. Provides pedestrian-scale lighting; and
d. Is open to the sky, except for the following building encroachments:
i. Bay windows.
ii. Balconies.
iii. Galleries.
iv. Awnings/canopies.
v. Covered walkways.

Section 39. That Berkeley Municipal Code Sections 23.502.020(D)(4) through (16) are hereby amended to read:

D. “D” Terms.

4. Density. See 23.106.100-Residential Density.

4.5. Density Bonus. See 23.332.020 (Definitions).

5.6. Department. The Planning and Development Department of the City of Berkeley or its successor administrative unit.

6.7. Department Store. A retail store selling several kinds of merchandise, which are usually grouped into separate sections, including but not limited to, apparel, housewares, household hardware, household appliances, household electronics and gifts.

7.8. Dormer. A projection built out from a sloping roof, usually housing a vertical window or ventilating louver. See also 23.304.110 (Dormers).

8.9. Dormitory. A building providing group living accommodations, occupied by individuals not sharing a common household, characterized by separate sleeping rooms without individual kitchen facilities and containing congregate bath and/or dining facilities or rooms.

9.10. Drive-in Uses. A use where a customer is permitted or encouraged, either by the design of physical facilities or by the service and/or packaging procedures offered, to be served while remaining seated within an automobile. This use includes drive-through food service establishments, financial services (banks), and automatic carwashes.

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10.11. Driveway. A paved, vehicular accessway connecting an off-street parking space or parking lot with a public or private street.

11.12. Drug Paraphernalia. As defined in California Health and Safety Code Section 11364.5(d).

12.13. Drugstore. A retail establishment where the profession of pharmacy is practiced and/or where licensed prescription drugs and general merchandise are offered for sale. A food products store with a pharmacy is not a drugstore.

13.14. Dry Cleaning and Laundry Plants. A place where clothes are dry cleaned, dyed and/or laundered as part of a commercial business, whether or not such clothes were deposited by a customer at that location, or transported from another location, as part of a service. This use includes all establishments subject to Section 19233 of the State of California Business and Professions Code, regulating Dry Cleaning Plants, but excludes laundromats and cleaners as defined in this chapter.

14.15. Duplex. A building or use of a lot designed for, or occupied exclusively by, two households.

15.16. Dwelling Unit. A building or portion of a building designed for, or occupied exclusively by, persons living as one household.

Section 40. That Berkeley Municipal Code Sub-Sections 23.502.020(F)(7) though (14) are hereby amended to read:

7. Floor Area, Gross Residential. See 23.106.035 – Floor Area, Gross Residential.

7.8. Floor Area, Leasable. See 23.106.040– Floor Area, Leasable.

8.9. Floor Area Ratio (FAR). See 23.106.050– Floor Area Ratio.

9.10. Food Product Store. A retail products store selling foods primarily intended to be taken to another location to be prepared and consumed, and the incidental preparation of food or beverages for immediate consumption off the premises.

10.11. Food and Beverage for Immediate Consumption. The sale of food or non-alcoholic beverages for immediate consumption not on the premises.

11.12. Food Service Establishments. An establishment which in whole or in part prepares food or beverages for immediate consumption on or off the premises.
a. Carry Out Food Store: A store which serves food or non-alcoholic beverages for immediate consumption not on the premises, but usually in the vicinity of the store. This use is usually characterized as an establishment

Text highlighted in gray consists of non-substantive technical edits and renumbering. which serves food altered in texture and/or temperature on a customer- demand basis, puts such food in non-sealed packages or edible containers, requires payment for such food before consumption, and provides no seating or other physical accommodations for on- premises dining. Examples of this use include delicatessens and other stores without seating which sell doughnuts, croissants, ice cream, frozen yogurt, cookies, whole pizzas and sandwiches. This use excludes bakeries and food products stores. b. Quick Service Restaurant: An establishment which serves food or beverages for immediate consumption either on the premises, or to be taken out for consumption elsewhere. This use is usually characterized as an establishment in which food is cooked on a customer-demand basis, payment is required before consumption, limited or no able service is provided (no waiters), and seating or other physical accommodations for on- premises customer dining is provided. Examples of this use include establishments selling primarily hamburgers or other hot or cold sandwiches, hot dogs, tacos and burritos, pizza slices, fried chicken, or fish and chips. c. Full-Service Restaurant: An establishment which serves food or beverages for immediate consumption primarily on the premises, with only a minor portion, if any, of the food being taken out of the establishment. This use is characterized as an establishment in which food is cooked or prepared on the premises on a customer-demand basis, which requires payment after consumption, and provides seating and tables for on-premises customer dining with table service (waiters).

12.13. Fraternity House. A building used for group living accommodations by an organization recognized by the University of California at Berkeley or other institution of higher learning.

13.14. Front Wall. The wall of the building nearest the front lot line.

Section 41. That Berkeley Municipal Code Sections 23.502.020(L) (8) through (22) are hereby amended to read:

8. Lighting, Pedestrian-Scale. A lighting source that provides lighting for pedestrian space, such as sidewalks, parks, and walking paths. Pedestrian- scale lighting sources are directed toward the sidewalk, positioned lower than roadway lighting, and have a mounting height of between 7 feet and 15 feet above finished grade. Examples include post-top lighting, pendant lighting, bollard light posts, and wall-mounted light fixtures.

8.9. Limited Equity Cooperative. The form of ownership defined in Section 11003.4(a) of the Business and Professions Code or other form of ownership, wherein appreciation of equity of dwelling units is no greater than appreciation

Text highlighted in gray consists of non-substantive technical edits and renumbering. permitted by California Health and Safety Code Section 33007.5 for a Limited Equity Cooperative.

9.10. Live Entertainment. Any one or more of any of the following, performed live by one or more persons, whether or not done for compensation and whether or not admission is charged: musical act (including karaoke); theatrical act (including stand-up comedy); play; revue; dance; magic act; disc jockey; or similar activity.

10.11. Live/Work. A built space used or designed to be used both as a workplace and as a residence by one or more persons in conformance with Chapter 23.312 (Live/Work).

11.12. Loading Space, Off-street. A covered or uncovered space for trucks or other delivery vehicles for the loading or unloading of freight, cargo, packages, containers or bundles of goods and/or bulky goods.

12.13. Loft. See mezzanine.

13.14. Lot. A separate legal subdivision of land, as recorded with the County of Alameda Recorder. See Figure 23.502-4: Lot Configuration. a. Abutting Lot. A lot having a common property line or separated by a public path or alley, private street or easement to the subject lot. b. Confronting Lot. A lot whose front property line is intersected by a line perpendicular to and intersecting the front property line of the subject lot. c. Corner Lot. A lot bounded on two or more adjacent sides by street lines, providing that the angle of intersection is less than 135 degrees. d. Flag Lot. A lot so shaped that the main portion of the lot area does not have direct street frontage, other than by a connection of a strip of land which is used for access purposes.
e. Interior Lot. A lot bounded on one side by a street line and on all other sides by lot lines between adjacent lots or is bounded by more than one street with an intersection greater than or equal to 135 degrees.
f. Key Lot. Any interior lot which abuts the rear lot line of a corner lot. g. Receiving Lot. The lot to which a building is relocated from a different lot. h. Source Lot. The lot from which a building is relocated to a different lot. i. Through Lot. A lot having frontage on two parallel or approximately parallel streets.

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FIGURE 23.502-4: LOT CONFIGURATION

14.15. Lot Area. The total horizontal area within a lot's boundary lines. a. Lot Area in R-BMU Only: The total horizontal area within a lot’s boundary lines, minus the square footage of the footprints of any buildings, facilities or equipment that are, or shall be, under the control of the San Francisco Bay Area Rapid Transit District (BART).

15.16. Lot Coverage. See 23.106.020 (Lot Coverage).

16.17. Lot Depth. The average distance from the front lot line to the rear lot line measured in the general direction of the side lines.

17.18. Lot Frontage. That dimension of a lot's front lot line abutting on a street.

18.19. Lot Lines. The boundaries between a lot and other property or the public right-of-way.

19.20. Lot Line, Front. The shorter of the two intersecting lot lines along the rights-of-way of a corner lot shall be deemed to be the front of the lot for purposes of determining the lot frontage and for yard requirements. In the case of a lot having equal frontage, or in the case of an irregularly shaped lot, the Zoning Officer shall determine the front in such a manner as to best promote the orderly development of the immediate area.

20.21. Lot Width. The average distance between the side lot lines measured at right angles to the lot depth.

21.22. Low Barrier Navigation Center. A temporary, low-barrier-to-entry shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, healthy services, shelter, and housing. Low barrier includes best practices to reduce barriers to entry, such

Text highlighted in gray consists of non-substantive technical edits and renumbering. as allowing partners, pets, storage of personal items, and privacy pursuant to California Government Code Section 65660 and includes services to connect people to permanent housing through a service plan and services staffing and a coordinated entry system pursuant to Section 576.400(d) or Section 578.7(a)(8), as applicable, of Title 24 of the Code of Federal Regulations.

Section 42. That Berkeley Municipal Code Sections 23.502.020(R)(13) through (22) are hereby amended to read:

13.Residential Density. See 23.106.100-Residential Density

13.14. Residential Districts. The districts listed under the Residential Districts heading in Table 23.108-1: Zoning Districts.

14.15. Residential Hotel Room. A room which is:
a. Used, designed, or intended to be used for sleeping for a period of 14 consecutive days or more;
b. Not a complete dwelling unit, as defined in this chapter; and c. Not a Tourist Hotel Room, as defined in this chapter.

15.16. Residential Use. Any legal use of a property as a place of residence, including but not limited to dwelling units, group living accommodations, and residential hotels.

16.17. Retail, General. A retail establishment engaged in the sales of personal, consumer, or household items to the customers who will use such items. This use includes antique stores, art galleries, arts and crafts supply stores, bicycle shops, building materials and garden supplies stores, clothing stores, computer stores, cosmetic/personal care items, department stores, drug paraphernalia stores, drug stores, fabric, textile and sewing supply shops, flower and plant stores, food product stores, furniture stores, garden supply stores, nurseries, gift/novelty shops, household hardware and housewares stores, household electronics/electrical stores, jewelry/watch shops, linen shops includes bedding, musical instruments and materials stores, office supply stores, paint stores, photography equipment supply stores, secondhand stores, sporting goods stores, stationery, cards and paper goods stores toy stores and variety stores.

This use excludes video rental stores, service of vehicle parts, and firearm/munition sales.

17.18. Retaining Wall. A wall designed to contain and resist the lateral displacement of soil and of which such soil is at a higher elevation on one side of the wall.

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18.19. Review Authority. The City official or body responsible for approving or denying a permit application or other form of requested approval under the Zoning Ordinance.

20.Room, Multipurpose. An area designed to accommodate a range of recreation and assembly activities, such as meetings, conferences, social gatherings, and studying.

21.Room, Pet Wash. An area designed to accommodate self-service pet washing, including grooming, to support animal and resident health.

19.22. Rooming House. A building used for residential purposes, other than a hotel, where lodging for 5 or more persons, who are not living as a single household, is provided for compensation, whether direct or indirect. In determining the number of persons lodging in a rooming house, all residents shall be counted, including those acting as manager, landlord, landlady or building superintendent. See also Boarding House.

Section 43. 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.

Text highlighted in gray consists of non-substantive technical edits and renumbering.

Exhibit A: Proposed Zoning Map – Southside Plan Area

ATTACHMENT 2. REFERENCE MATRIX – SOUTHSIDE ZONING ORDINANCE

AMENDMENTS

Section
(Ordinance Section)
Title Action Description/Rationale of Changes

23.106 Rules of Measurement

23.106.035
(Section 1)
Floor Area – Gross
Residential
Add Add a new definition as part of new
usable open space calculation.

23.106.100
(Section 2)
Residential Density Add Add a new definition as part of new minimum density regulation.

23.202.020 Allowed Residential Land Uses
Table 23.202-1
(Section 3)
Allowed Uses in
Residential Districts
Amend Add reference to new entry standard
for individual residential units
(23.302.070(H)).

23.202.030 Residential Districts – Additional Permit Requirements

23.202.030(A)(1)
(Section 4)
Residential Additions
- Permits Required
Amend Residential additions more than 15
percent of the lot area or 600 square
feet, whichever is less require a
Zoning Certificate.

23.202.030(B)
(Section 5)
Residential Additions
- Adding Bedrooms
Amend Adding the fifth or more bedroom to
an existing lot requires a Zoning
Certificate.

23.202.100 R-3 Multiple-Family Residential District

23.202.100(C)
(Section 6)
Additional Permit
Requirements
Amend Fix typo.

23.202.100(E)
(Section 7)
Development
Standards
Amend Consolidate development standards
into one table, update standards
consistent with proposal, add new
figure showing R-3 parcels within
Southside.

23.202.110 R-4 Multi-Family Residential District

23.202.110(E)
(Section 8)
Development
Standards
Amend Revise table numbers.

23.202.120 R-5 High-Density Residential District

23.202.120(D)
(Section 9)
Development
Standards
Amend Revise table numbers.

23.202.130 R-S Residential Southside District

23.202.130(E)
(Section 10)
Development
Standards
Amend Consolidate development standards
into one table, update standards
consistent with proposal.

23.202.140 R-SMU Residential Southside District

23.202.140(E)
(Section 11)
Development
Standards
Amend Consolidate development standards
into one table, update standards
consistent with proposal.

23.202.150 R-BMU Residential BART Mixed Use District

23.202.150(D)
(Section 12)
Ground-Floor Uses Amend Revise table and figure number.

ATTACHMENT 2. REFERENCE MATRIX – SOUTHSIDE ZONING ORDINANCE

AMENDMENTS

Section
(Ordinance Section)
Title Action Description/Rationale of Changes

23.202.150(F)(1)-(2)
(Section 13)
Development
Standards
Amend Revise table numbers.

23.204.020 Allowed Land Use Commercial Districts
Table 23.204-1
(Section 14)
Allowed Uses in
Commercial Districts
Amend  Add reference to

23.204.110(B)(5) for mixed-use
residential projects in the C-T
district
 Add reference to new entry
standard for individual residential
units (23.302.070(K))

23.204.110 C-T Telegraph Avenue Commercial District

23.204.110(B)(5)
(Section 15)
Residential Only
Buildings
Amend Allow residential uses on the ground
floor of buildings in the C-T district,
subject to certain design standards.

23.204.110(D)
(Section 16)
Development
Standards
Amend Consolidate development standards
into one table, update standards
consistent with proposal.

23.204.120 C-SO Solano Avenue Commercial District

23.204.120(D)
(Section 17)
Development
Standards
Amend Revise table numbers.

23.204.120(D)(3)
(Section 18)
Modification to
Standards – Mixed
Use and Residential-
Only Projects
Amend Revise table number references.

23.204.130 C-DMU Downtown Mixed-Use District

23.204.130(E)(1)(a)
(Section 19)
Height Amend Revise table number references.

Table 23.204-38
(Section 20)
C-DMU Increased
Height Allowance
Amend Revise table number reference.

23.204.130(E)(3)(a)
(Section 21)
Setbacks Amend Revise table number reference.

23.204.130(E)(3)(b)
(Section 22)
Modifications to
Standards
Amend Revise table number reference.

23.204.130(E)(3)(c)
(Section 23)
Residential
Transitions
Amend Revise table number reference.

23.204.130(E)(4)
(Section 24)
Usable Open Space Amend Revise table number reference.

23.204.140 C-W West Berkeley Commercial District

23.204.140(B)(2)
(Section 25)
Mixed-Use
Residential
Amend Revise table number reference.

23.204.140(E)(1)
(Section 26)
Development
Standards
Amend Revise table number reference.

ATTACHMENT 2. REFERENCE MATRIX – SOUTHSIDE ZONING ORDINANCE

AMENDMENTS

Section
(Ordinance Section)
Title Action Description/Rationale of Changes

23.204.150 C-AC Adeline Corridor Commercial District

23.204.150(B)(3)(a)
(Section 27)
Permitted Ground
Floor Uses
Amend Revise table number reference.

23.204.150(E)(1)
(Section 28)
Basic Standards Amend Revise table number references.

Table 23.204-44
(Section 29)
C-AC South Shattuck
Subarea Dev.

Standards
Amend Revise table number.

Table 23.204-45
(Section 30)
C-AC North and
South Adeline
Subarea Dev.

Standards
Amend Revise table number.

23.204.150(F)(2)(b)
(Section 31)
Active Commercial
Areas
Amend Revise table number reference.

23.204.150(F)(2)(c)
(Section 32)
Commercial Use
Areas
Amend Revise table number reference.

23.302.070 Use-Specific Standards

23.302.070(H-K)
(Section 33)
Residential Use,
Ground-Floor Units
Add Add a new requirement that, within
the Southside, individual residential
unit entries within 6 feet of the front
property line to be at least 18 inches
above finished grade.

23.304 General Development Standards
Table 23.304-1
(Section 34)
Setbacks Reductions
in Residential
Districts
Amend Remove discretionary permit to
reduce minimum setbacks.

Table 23.304-3
(Section 35)
Setbacks Adjacent to
Residential Districts
Amend Add new minimum setbacks in the C-
T district for lot lines abutting or
confronting lots in a residential
district.

23.304.040
(Section 36)
Building Separation
in Residential
Districts - Table

23.304-4
Amend Remove discretionary permit to
reduce building separation.

23.304.050(C)
(Section 37)
Building Height Add Add new allowance in Southside for
parapets to exceed the maximum
height up to 5 feet as of right, clarify
other districts that also allow
parapets as of right.

23.304.090
(Section 38)
Usable Open Space Amend Add requirements specific to the Southside.

23.502.020 - Defined Terms

ATTACHMENT 2. REFERENCE MATRIX – SOUTHSIDE ZONING ORDINANCE

AMENDMENTS

Section
(Ordinance Section)
Title Action Description/Rationale of Changes

23.502.020(D)(4-16)
(Section 39)
“D” Terms - Density Add Add new definition of residential density for minimum density
regulation.

23.502.020(F)(7-14)
(Section 40)
“F” Terms – Floor
Area, Gross
Residential
Add Add new definition for gross
residential floor area for usable open
space regulation.

23.502.020(L)(8-22)
(Section 41)
“L” Terms – Lighting,
Pedestrian Scale
Add Add new definition for pedestrian-
scale lighting.

23.502.020(R)(13-22)
(Section 42)
“R” Terms – Room,
Multipurpose and
Pet Wash
Add Add new definition for residential
density, multipurpose room, and pet
wash room.

Southside Zoning Implementation Program
Addendum to the 2023-2031 Housing Element Update
Final Environmental Impact Report
SCH #2022010331
prepared by
City of Berkeley
1947 Center Street, Second Floor
Berkeley, California 94704
Contact: Ashley James, Senior Planner, (510) 981-7458
prepared with the assistance of
Rincon Consultants, Inc.
449 15th Street, Suite 303
Oakland, California 94612
August 2023
Attachment 3

Southside Zoning Implementation Program
Addendum to the 2023-2031 Housing Element Update
Final Environmental Impact Report
SCH #2022010331
prepared by
City of Berkeley
1947 Center Street, Second Floor
Berkeley, California 94704
Contact: Ashley James, Senior Planner, (510) 981-7458
prepared with the assistance of
Rincon Consultants, Inc.
449 15th Street, Suite 303
Oakland, California 94612
August 2023

This report prepared on 50% recycled paper with 50% post-consumer content.

Table of Contents

Addendum to the 2023-2031 Housing Element Update Final Environmental Impact Report i Table of Contents
1 Introduction .................................................................................................................................... 1 2 Background ..................................................................................................................................... 3

2.1 2023-2031 Housing Element Update Project Description .................................................. 3

2.2 2023-2031 Housing Element Update EIR ............................................................................ 4 3 Project Description ......................................................................................................................... 7

3.1 Project Location and Existing Conditions ............................................................................ 7

3.2 Proposed Project Description ...........................................................................................14

3.3 Proposed Project Buildout Assumptions ..........................................................................18 4 Conclusion Regarding Preparation of an Addendum to the 2013 EIR ..........................................19 5 Environmental Impacts of the Proposed Changes to the HEU .....................................................21

5.1 Aesthetics ..........................................................................................................................22

5.2 Air Quality .........................................................................................................................23

5.3 Biological Resources ..........................................................................................................29

5.4 Cultural Resources ............................................................................................................31

5.5 Energy ...............................................................................................................................36

5.6 Geology and Soils ..............................................................................................................38

5.7 Greenhouse Gas Emissions ...............................................................................................46

5.8 Hazards and Hazardous Materials ....................................................................................50

5.9 Hydrology and Water Quality ...........................................................................................57

5.10 Land Use and Planning ......................................................................................................59

5.11 Noise .................................................................................................................................63

5.12 Population and Housing ....................................................................................................70

5.13 Public Services and Recreation .........................................................................................72

5.14 Transportation ..................................................................................................................75

5.15 Tribal Cultural Resources ..................................................................................................77

5.16 Utilities and Service Systems ............................................................................................79

5.17 Wildfire..............................................................................................................................82 6 Cumulative Impacts ......................................................................................................................87 7 Conclusion.....................................................................................................................................91 8 References and Preparers.............................................................................................................93

8.1 References ........................................................................................................................93

8.2 List of Preparers ................................................................................................................94