Berkeley City Council
December 12, 2023

Tuesday, December 12, 2023 AGENDA Page 1

AG E N D A

BERKELEY CITY COUNCIL MEETING
Tuesday, December 12, 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.

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

Remote 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 UR L: https://cityofberkeley- info.zoomgov.com/j/1610996492. 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: 161 099 6492. 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.

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

This 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) 981-6900. The City Council may take action related to any subject listed on the Agenda.

Pursuant 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, December 12, 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.

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 t o 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 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.

Consent Calendar
Tuesday, December 12, 2023 AGENDA Page 3
Public Comment on Consent Calendar and Information Items Only: The Council will take public comment on any items that are either on the amended Consent Calendar or the Information Calendar. Speakers will be entitled to two minutes each to speak in opposition to or support of Consent Calendar and Information Items. A speaker may only speak once during the period for 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. Amendments to the Berkeley Election Reform Act to ensure consistency within the Act for cost of living adjustments and committee reporting requirement thresholds
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,889-N.S. 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.

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

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

2. 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: Adopt second reading of Ordinance No. 7,890-N.S. 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.

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

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

Consent Calendar
Tuesday, December 12, 2023 AGENDA Page 4

3. Authorizing a Lease of 830 University Avenue to Berkeley Free Clinic From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,891-N.S. authorizing the City Manager to enter into a lease for 830 University with Berkeley Free Clinic.

First Reading Vote: All Ayes.

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

4. Minutes for Approval
From: City Manager
Recommendation: Approve the minutes for the Council meetings of October 23 (special closed), November 6 (special closed), November 7 (regular), November 13 (special closed), November 14 (special and regular), November 21 (special) and November 28 (regular).

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

5. Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on December 12, 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: Public Art Fund - $150,000
Contact: Henry Oyekanmi, Finance, (510) 981-7300

Consent Calendar
Tuesday, December 12, 2023 AGENDA Page 5

6. Extending the Duration of Funding Reservations for Housing Trust Fund Projects
From: City Manager
Recommendation: Extend the duration of the previously approved funding reservations for Housing Trust Fund (HTF) projects by adopting a Resolution to: 1.

Reserve Housing Trust Funds and other currently available affordable housing funds, including Measure O Bond and Permanent Local Housing Allocation funds, for the following projects: -Ashby Lofts (2909-2919 Ninth / Satellite Affordable Housing Associates) at $850,000; -Berkeley Unified School District (BUSD) Workforce Housing project (1701 San Pablo / Satellite Affordable Housing Associates / Abode Communities) at $24,500,000; -Supportive Housing in People’s Park (2556 Haste) at $14,359,593. 2. Authorize the City Manager to refinance the existing Housing Trust Fund development loan for Ashby Lofts and into a new loan with terms consistent with the Housing Trust Fund Guidelines. 3. Waive Section III.A.1 of the Housing Trust Fund Guidelines for the BUSD Workforce Housing project to allow affordability levels of up to 120% of area median income in order to reflect the income and needs of BUSD educators. 4. Condition disbursement of funding for the BUSD Workforce Housing and Supportive Housing in People’s Park projects on site control. 5.

Authorize the City Manager or her designee to execute all original or amended documents or agreements to effectuate these actions.

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

7. Revise Classifications and Salary Ranges – (1) Parking Meter Maintenance and Collection Supervisor and (2) Traffic Maintenance Supervisor From: City Manager
Recommendation: Adopt a Resolution revising the represented job class specifications and salary ranges of (1) Parking Meter Maintenance and Collection Supervisor and (2) Traffic Maintenance Supervisor to align pay with that of Public Works Supervisor classification in order to promote internal equity.

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

8. Contract: Superion, LLC for AS400 Software Maintenance and Support From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to enter into a new contract with Superion, LLC for software maintenance and support of the City's FUND$ system on the AS400 platform for a total $283,500 from July 1, 2023 through June 30, 2025.

Financial Implications: IT Cost Allocation Fund - $283,500 Contact: Kevin Fong, Information Technology, (510) 981-6500

Consent Calendar
Tuesday, December 12, 2023 AGENDA Page 6

9. Grant Application – State Parks Outdoor Equity Grants Program (OEP) From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to submit a grant application to the State Parks and Recreation Outdoor Equity Grants Program; accept any grants; execute any resulting grant agreements and any amendments; and that Council authorize the implementation of the project and appropriation of funding for related expenses, subject to securing the grant.

Financial Implications: Up to $700,000 (revenue)
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

10. Grant Application – California Air Resources Board (CARB) Advanced Technology Demonstration and Pilots Program for New Electric Boat and Charging Station
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to submit a grant application to the California Air Resources Board (CARB) Advanced Technology Demonstration and Pilots (ATDP) Grant Program to procure a new electric boat and charging station; accept any grants; execute any resulting grant agreements and any amendments; and that Council authorize the implementation of the project and appropriation of funding for related expenses, subject to securing the grant.

Financial Implications: $218,451 (revenue)
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

11. Contract: Buhler Commercial for Willard Park Clubhouse and Restroom Replacement Project
From: City Manager
Recommendation: Adopt a Resolution: 1. Approving the plans and specifications for the Willard Park Clubhouse and Restroom Replacement Project; and 2. Accepting the bid of the lowest responsive and responsible bidder, Buhler Commercial; and 3.

Authorizing the City Manager to execute a contract and any amendments, extensions or other change orders until completion of the project in accordance with the approved plans and specifications, with Buhler Commercial, for the Willard Park Clubhouse and Restroom Replacement Project at 2720 Hillegass Avenue, in an amount not to exceed $6,831,067 which includes a contract amount of $6,210,061 and a 10% contingency in the amount of $621,006.

Financial Implications: Various Funds - $6,831,067
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

Consent Calendar
Tuesday, December 12, 2023 AGENDA Page 7

12. Donation: Memorial Bench at Cesar Chavez Park in memory of Ronald Henry Klein
From: City Manager
Recommendation: Adopt a Resolution accepting a cash donation in the amount of $3,400 for a memorial bench to be placed at Cesar Chavez Park in memory of Ronald Henry Klein.

Financial Implications: $3,400 (revenue)
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

13. Donation: Memorial Bench at Cesar Chavez Park in memory of Ramakant Tulsian
From: City Manager
Recommendation: Adopt a Resolution accepting a cash donation in the amount of $3,400 for a memorial bench to be placed at Cesar Chavez Park in memory of Ramakant Tulsian.

Financial Implications: $3,400 (revenue)
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

14. Contract (Specification No. 24-11619-C: Koios Engineering, Inc. for The Alameda, et al. Sanitary Sewer Rehabilitation Project
From: City Manager
Recommendation: Adopt a Resolution approving plans and specifications for the Sanitary Sewer Project located on The Alameda, Keeler Avenue, Euclid Avenue Et Al., and: Accept the bid of the lowest, responsive and responsible bidder, Koios Engineering, Inc., and Authorize the City Manager to execute a contract and any amendments, extensions, or other change orders until completion of the project in accordance with the approved plans and specifications, in an amount not to exceed $3,456,596, which includes a 10% contingency of $314,236.

Financial Implications: See report
Contact: LaTanya Bellow, Public Works, (510) 981-6300

15. Purchase Orders: Pinnacle Petroleum, Inc. and Western States, Inc. for Bulk Renewable Diesel and Gasoline
From: City Manager
Recommendation: Adopt two Resolutions authorizing the City Manager to execute multi-year purchase orders as outlined below through June 30, 2029:

1. Purchase Order with Pinnacle Petroleum to provide fuel for City vehicles and equipment in an amount not to exceed $8,500,000 for the next four fiscal years (FY 2025 through FY 2029).

2. Purchase Order with Western States, Inc. to provide fuel for City vehicles and equipment in an amount not to exceed $2,000,000 for the next four fiscal years (FY 2025 through FY 2029).

Financial Implications: See report
Contact: LaTanya Bellow, Public Works, (510) 981-6300

Consent Calendar
Tuesday, December 12, 2023 AGENDA Page 8

16. Purchase Order: National Auto Fleet Group for Four (4) Tractor Trucks and Trailers
From: City Manager
Recommendation: Adopt a Resolution satisfying requirements of City Charter Article XI Section 67.2 allowing the City to participate in Sourcewell (formerly NJPA) bid procedures, and authorizing the City Manager to execute a purchase order for four (4) Tractor Trucks and Trailers with National Auto Fleet Group in an amount not to exceed $1,600,000.

Financial Implications: See report
Contact: LaTanya Bellow, Public Works, (510) 981-6300

17. Purchase Order: Braun Northwest, Inc. for One (1) North Star 155 Type 1 Ambulance
From: City Manager
Recommendation: Adopt a Resolution satisfying requirements of City Charter Article XI Section 67.2 allowing the City to participate in HGACBuy contract bid procedures and authorizing the City Manager to execute a purchase order for one (1) 2023 North Star 155-1 Type 1 Ambulance with Braun Northwest, Inc. in an amount not to exceed $284,974.

Financial Implications: See report
Contact: LaTanya Bellow, Public Works, (510) 981-6300

18. Contract No. 102354-1 Amendment: Direct Line Tele Response for Citywide After-Hours Answering Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment for up to $200,000 to Contract No. 102354-1 with Direct Line Tele Response to provide continued customer service support after normal business hours, on weekends and holidays, for a total contract amount not to exceed $832,750, and extending the contract term through December 31, 2025.

Financial Implications: See report
Contact: LaTanya Bellow, Public Works, (510) 981-6300

19. Contract No. 32300110 Amendment: SCI Consulting Group for On-Call Civil Engineering Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32300110 with SCI Consulting Group to increase the spending authority by $150,000 for a total not to exceed $300,000.

Financial Implications: See report
Contact: LaTanya Bellow, Public Works, (510) 981-6300

Consent Calendar
Tuesday, December 12, 2023 AGENDA Page 9

20. Contract No. 32400004 Amendment: Roofing Constructors, Inc. dba Western Roofing Service for on-call roofing and gutter repair services From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32400004 with Roofing Constructors, Inc. to increase the spending authority by $200,000 for a total not to exceed $250,000.

Financial Implications: See report
Contact: LaTanya Bellow, Public Works, (510) 981-6300

21. Contract No. 103266-1 Amendment - Karste Consulting, Inc. for Emergency Preparedness Services and Training
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 103266-1 with Karste Consulting, Inc. to increase the amount by $100,000 for a total amount not to exceed $450,000 and to extend the term through June 30, 2025.

Financial Implications: See report
Contact: LaTanya Bellow, Public Works, (510) 981-6300

22. Contract: American Restore, Inc. for City of Berkeley Transfer Station Tipping Floor Repair Emergency Project at 1201 Second Street
From: City Manager
Recommendation: Adopt a Resolution: 1. Acknowledging the necessity for immediate repairs to the Transfer Station Tipping Floor at 1201 Second Street due to hazardous conditions and authorizing an exception to the formal bidding process; 2.

Accepting the proposal from American Restore, Inc. as the sole proposal received from an informal solicitation of multiple contractors for its specialized services in response to the urgent need for repair; 3. Authorizing the City Manager to execute the proposed contract with American Restore, Inc. and any amendments, extensions, or other change orders as necessary to facilitate the timely completion of the project, for an amount not to exceed $443,207.

Financial Implications: See report
Contact: LaTanya Bellow, Public Works, (510) 981-6300

23. Council Referral – Request for City Community Survey for placing a Modest Increase in the Parks Tax on the November 2024 Ballot
From: Parks and Waterfront Commission
Recommendation: The Parks, Recreation and Waterfront Commission recommends that the City Council include in upcoming community survey for possible 2024 ballot measures, a measure to increase the Parks Tax by four cents per square foot or approximately 20%, and appropriate funding for the survey.

Financial Implications: See report
Contact: Roger Miller, Commission Secretary, (510) 981-6700

Consent Calendar
Tuesday, December 12, 2023 AGENDA Page 10

24. Spending Aligned with Ballot Measure FF and the City Is Improving Internal Processes
From: Auditor
Recommendation: We recommend City Council request that the City Manager report back by June 2024 and every six months thereafter, regarding the status of our audit recommendations until reported fully implemented by the Fire Department and Human Resources. They have agreed to our findings and recommendations.

Please see our report for their complete response.

Financial Implications: See report
Contact: Jenny Wong, Auditor, (510) 981-6750
Council Consent Items

25. Reappointment of Dr. P. Robert Beatty to the Alameda County Mosquito Abatement District Board of Trustees
From: Mayor Arreguin (Author)
Recommendation: Adopt a Resolution reappointing Dr. P. Robert Beatty to the Board of Trustees of the Alameda County Abatement District for a two-year term ending on January 1, 2026.

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

26. The Right to Reproductive Freedom
From: Mayor Arreguin (Author), Councilmember Wengraf (Co-Sponsor), Councilmember Hahn (Co-Sponsor)
Recommendation: Adopt a Resolution affirming the City of Berkeley’s support to protecting the rights of those seeking reproductive care, receiving and offering reproductive care and abortion services, and deciding on their own bodily autonomy relating to their reproduction.

Refer to the City Manager to draft an ordinance that directs City agents and employees to ensure access to abortion sites and ensure access to information related to abortion access, including posting information about reproductive health on City property, as consistent with state and federal law.

Financial Implications: None
Contact: Jesse Arreguin, Mayor, (510) 981-7100

27. Adjustment to City Attorney Salary Range and Revised Salary From: Mayor Arreguin (Author)
Recommendation: Adopt a resolution to approve (1) increasing the top of the City Attorney salary range to $360,000 annually and (2) revising City Attorney Farimah Brown’s annual salary to $336,000 effective the start of the pay period closest to Ms.

Brown’s most recent anniversary date of July 10, 2023, pursuant to Section 1.6 of the Unrepresented Employee Manual.

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

Council Consent Items
Tuesday, December 12, 2023 AGENDA Page 11

28. Waterside Workshops Winter Festival and Kids Bike Giveaway:

Relinquishment of Council Office Budget Funds from General Funds and Grant of Such Funds
From: Councilmember Taplin (Author), Councilmember Hahn (Co-Sponsor), Councilmember Harrison (Co-Sponsor)
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $500 per Councilmember, including $200 from Councilmember Taplin, to support the Waterside Workshops Winter Festival and Kids Bike Giveaway.

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

29. Budget Referral and Updated Guidelines and Procedures for City Council Office Staff Expenditures (Reviewed by the Budget & Finance Committee) From: Councilmember Taplin (Author), Councilmember Bartlett (Author), Councilmember Harrison (Author)
Recommendation: Refer to the Budget and Finance Committee to consider updates to the guidelines and procedures for City Council office budget expenditure accounts with regards to City Council staff salaries and an accompanying Budget Referral of up to $219,080 for the Annual Appropriation Ordinance #1 (AAO) process to budget Council offices up to 2 FTE, meet obligations under the SEIU 1021 CSU/PTRLA MOU, and prevent layoffs.

Policy Committee Recommendation: To forward the item as revised to the City Council with a positive recommendation.

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

30. Letter to AC Transit Regarding Draft Realignment Scenarios From: Councilmember Wengraf (Author), Councilmember Humbert (Author), Mayor Arreguin (Co-Sponsor), Councilmember Hahn (Co-Sponsor) Recommendation: Send a letter to AC Transit with Council feedback on their Realign Draft Service Scenarios presented to Council on Nov 14, 2023.

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

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

The Presiding Officer will request that persons wishing to speak use the "raise hand" function to determine the number of persons interested in speaking at that time. Up to ten (10) speakers may speak for two minutes. If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker. Speakers are permitted to 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
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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.

Action Calendar – New Business

31. Expansion of the Elmwood Business Improvement District From: City Manager
Recommendation: Conduct a public meeting to review and discuss the expansion of the Elmwood Business Improvement District (hereafter, “Elmwood BID”, “BID” or “the District”).

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

32. Amendment: FY 2024 Annual Appropriations Ordinance
From: City Manager
Recommendation: Adopt first reading of an Ordinance amending the FY 2024 Annual Appropriations Ordinance No. 7,879–N.S. for fiscal year 2024 based upon recommended re-appropriation of committed FY 2023 funding and other adjustments authorized since July 1, 2023, in the amount of $258,777,491 (gross) and $246,555,990 (net).

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

33. Consideration of Options for Berkeley High School Staff Parking From: City Manager
Recommendation: Receive information on several options for providing additional parking for Berkeley High School staff and provide feedback to staff, which will then be shared with 2x2 Committee with the end goal of identifying a mutually agreeable solution for both the school district and the City.

Financial Implications: See report
Contact: Anne Cardwell, City Manager's Office, (510) 981-7000

Information Reports

34. Settlement of Claim of D.L. Falk Construction Inc. (North Berkeley Senior Center)
From: City Manager
Contact: Farimah Brown, City Attorney, (510) 981-6950

35. FY 2023 Fourth Quarter Investment Report: Ended June 30, 2023 From: City Manager
Contact: Henry Oyekanmi, Finance, (510) 981-7300

Information Reports
Tuesday, December 12, 2023 AGENDA Page 13

36. Section 115 Trust Investment Report for: Inception to Period Ended June 30, 2023
From: City Manager
Contact: Henry Oyekanmi, Finance, (510) 981-7300

37. Climate Action Plan and Resilience Update
From: City Manager
Contact: Jordan Klein, Planning and Development, (510) 981-7400

38. Civic Arts Commission FY24 Work Plan
From: Civic Arts Commission
Contact: Jennifer Lovvorn, Commission Secretary, (510) 981-7530

39. Housing Advisory Commission Work Plan Fiscal Year 2024 From: Housing Advisory Commission
Contact: Mike Uberti, 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.

Communications to the City Council are public record and will become part of the City’s electronic records, which are accessible through the City’s website. Please note: e-mail addresses, names, addresses, and other contact information are not required, but if included in any communication to the City Council, will become part of the public record. If you do not want your e-mail address or any other contact information to be made public, you may deliver communications via U.S. Postal Service to the City Clerk Department at 2180 Milvia Street. If you do not want your contact information included in the public record, please do not include that information in your communication. Please contact the City Clerk Department for further information.

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

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

Tuesday, December 12, 2023 AGENDA Page 14
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 I nternet. 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 30, 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.

Martin Luther King Jr. Way

1. David Lerman

Policing

2. Gregory Kalkanis

Public Information

3. Mary Behm-Steinberg

Housing Voucher

4. Sameerah Karim

Communications
Tuesday, December 12, 2023 AGENDA Page 15

URL’s Only

5. Vivian Warkentin (2)

Tenants Opportunity to Purchase Act

6. Diana Bohn

Repaving Francisco Street

7. David Lerman

Civil Rights

8. Lavell Young

Winter Shelter

9. Elana Auerbach

10. Boona cheema

11. Moni Law

Israel and Gaza Conflict

12. Alejandro Garcia-Paredes

13. Angie Chang

14. Rachel Noel

15. Madeline Pignetti

16. Karen Carroll

17. Boba.bunny05@

18. Greg Garcia-Wilson

19. Steven Lipson

20. Madeline Weinstein

21. Jessica Login

22. Dianna Dar

23. Youval Dar

24. Bryan Weiss

25. Mollie Mindel

26. Deborah Fink

27. Yael Galinson

28. Doni Katz

29. Offer Grembek

30. Jaimie Baron

31. Talia Nagar

32. Elana Naftalin-Kelman

33. Howard Miller

34. Ariel Berson

35. Dan Alter

36. Ayana Davis

37. Alexia Murillo Amezcua

38. Desmid Lyon

Communications
Tuesday, December 12, 2023 AGENDA Page 16

39. Andrew Fine

40. Clara Weinstein

41. Orli Loewenberg

42. Raphael Goldman

43. Karen Weil (2)

44. Daniel Frydman

45. Katrin Youdim

46. Emma

47. Leah Rosenthal

48. Tal Garner

49. Sophie

50. Summer Brenner

51. Liberty Schubert

52. Ilana Pearlman

53. Jessica Pearlman

54. Rita Minas

55. Wenrick Family

56. Philippa Kelly

57. Rabbi Chai Levy

58. Elana Auerbach

59. Cris Arguedas

60. Vanessa Davis

61. Meital Mashash

62. Noga Alon

63. Dahlia Frydman Tenenbaum

64. Aviva Gilbert

65. Jenna Lewis

66. Chiara Juster

67. Seth Engel

68. Jennifer Burt

69. Mollie Mindel

70. David Kilimnik

71. Miriam Schultz

72. Rachel Friedman

73. Daniel Green

74. Forouzan Khalili

75. Daniel Green

76. Shira Rome

77. Sarah Crow

78. Kasaia Luckel

79. Arielle Hassid

80. Richard Taylor

81. Vincent Casalaina

82. Rabbi Cat Zavis

83. Rena Greenfield

84. Abby Maimon

Communications
Tuesday, December 12, 2023 AGENDA Page 17

85. Arbel Shemesh

86. Ella Lachman

87. Traci Moren

88. Nora Shourd

89. Debbie Tuttle

90. 931 similarly-worded form letters – Vote No on November 28 (Letters are on file at the City Clerk’s Office)

91. 302 similarly-worded form letters – Resolution for Ceasefire and Solidarity with Palestine (Letters are on file at the City Clerk’s Office)

92. 14 similarly-worded form letters – Ceasefire Now (Letters are on file at the City Clerk’s Office)

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.

Ordinance No. 7,889-N.S. Page 1 of 2
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.

ORDINANCE NO. 7,889-N.S.

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.

Ordinance No. 7,889-N.S. Page 2 of 2
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 2.12.095 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 the candidate or officeholder who has filed a short form campaign statement for activity in the calendar year makes 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 2.12.095 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 2.12.095; (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 or more were received or expenditures exceeding the committee threshold in Section 2.12.095 were made;
(c) The notification shall be sent by guaranteed overnight delivery, personal delivery, or facsimile transmission.

At a special meeting of the Council of the City of Berkeley held on November 21, 2023, this Ordinance was passed to print and ordered published by posting by the following vote:

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

Noes: None.

Absent: Wengraf.

Ordinance No. 7,890-N.S. Page 1 of 44
ORDINANCE NO. 7,890-N.S.

SOUTHSIDE ZONING AMENDMENTS; AMENDING BERKELEY MUNICIPAL CODE TITLE 23
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:

Ordinance No. 7,890-N.S. Page 2 of 44

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(I) -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 the ES-R district, residential additions require permits as follows:
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.

Ordinance No. 7,890-N.S. Page 3 of 44
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.

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 Subsection 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.

1. Basic Standards. See Table 23.202-11: R-3 Development 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.

TABLE 23.202-11: R-3 DEVELOPMENT STANDARDS

BASIC STANDARDS OUTSIDE OF

SOUTHSIDE PLAN
WITHIN

SOUTHSIDE PLAN

SUPPLEMENTAL

STANDARDS

Ordinance No. 7,890-N.S. Page 4 of 44
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%
2 Stories: 45%
Interior and
Through Lot
3 Stories: 30%
100%
1 Story: 50%
2 Stories: 50%
Corner Lot
3 Stories: 45%
100%

23.304.120 – Lot
Coverage
Lot Line Setback, Minimum
Front 15 ft. 10 ft.

Rear 15 ft. 10 ft.

Interior Side 1st Story: 4 ft. 4 ft.

23.304.030 -
Setbacks

Ordinance No. 7,890-N.S. Page 5 of 44
2nd Story: 4 ft.
3rd Story: 6 ft.
1st Story: 6 ft.
2nd Story: 8 ft.

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

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

E. Development Standards.

1. Basic Standards. See Table 23.202-12: R-4 Lot and Height Standards, Table

23.202-13: R-4 Setback and Building Separation Standards, and Table 23.202- 14: R-4 Lot Coverage Standards.

2. Supplemental Standards. Supplemental development standards that apply in the R-4 district are noted in Table 23.202-12: R-4 Lot and Height Standards, Table 23.202-13: R-4 Setback and Building Separation Standards, and Table

23.202-14: R-4 Lot Coverage Standards.

TABLE 23.202-12: R-4 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
Usable Open Space, Minimum 23.304.090– Usable Open

Ordinance No. 7,890-N.S. Page 6 of 44

BASIC STANDARDS SUPPLEMENTAL STANDARDS
Per Dwelling Unit 200 sq. ft.

Per Group Living Accommodation
Resident 90 sq. ft.

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

23.304.050– Building Height
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 allowed with a Use Permit.

TABLE 23.202-13: R-4 SETBACK AND BUILDING SEPARATION STANDARDS

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

23.304.040–
Building
Separation in
Residential
Districts
TABLE 23.202-14: R-4 LOT COVERAGE STANDARDS

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

SUPPLEMENTAL

STANDARDS
Lot Coverage, Maximum 23.304.120–

Ordinance No. 7,890-N.S. Page 7 of 44
Interior and
Through Lot 45% 45% 40% 35% 35% 35%
Corner Lot 50% 50% 45% 40% 40% 40%
Lot Coverage
Section 9. That Berkeley Municipal Code Section 23.202.120(D) is hereby amended to read:

D. Development Standards.

1. Basic Standards. See Table 23.202-15: R-5 Lot and Height Standards, Table

23.202-16: R-5 Setback and Building Separation Standards, and Table 23.202- 17: R-5 Lot Coverage Standards.

2. Supplemental Standards. Supplemental development standards that apply in the R-5 district are noted in Table 23.202-15: R-5 Lot and Height Standards, Table 23.202-16: R-5 Setback and Building Separation Standards, and Table

23.202-17: R-5 Lot Coverage Standards.

TABLE 23.202-15: R-5 LOT AND HEIGHT STANDARDS

BASIC STANDARDS SUPPLEMENTAL

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

Per Group Living Accommodation Resident 175 sq. ft. [1]

23.304.020– Lot
Requirements
Usable Open Space, Minimum
Per Dwelling 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.

Ordinance No. 7,890-N.S. Page 8 of 44
TABLE 23.202-16: R-5 SETBACK AND BUILDING SEPARATION STANDARDS

STANDARDS 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.

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

23.304.030–
Setbacks
Building Separation,
Minimum 8 ft. 12 ft. 16 ft. 20 ft. 24 ft. 28 ft.

23.304.040–
Building
Separation in
Residential
Districts
TABLE 23.202-17: R-5 LOT COVERAGE STANDARDS

STANDARD BASED ON BUILDING HEIGHT
1 STORY 2

STORIES
3 STORIES
4 STORIES
5 STORIES
6 STORIES

SUPPLEMENTAL

STANDARDS
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 23.202-18: R-S Development Standards.

2. Supplemental Standards. Supplemental development standards that apply in the R-S district are noted in Table 23.202-18: R-S Development Standards.

TABLE 23.202 -18: R-S DEVELOPMENT STANDARDS

BASIC STANDARDS SUPPLEMENTAL STANDARDS
Lot Area, Minimum
New Lots No minimum

23.304.020-Lot
Requirements

Ordinance No. 7,890-N.S. Page 9 of 44
Per Group Living
Accommodation Resident No minimum
Residential Density
Minimum (du/acre) 100
Maximum (du/acre) No maximum

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

23.304.090-Usable Open
Space
Floor Area Ratio, Maximum 4.0
Main Building Height, Maximum 55 ft. 23.304.050-Building Height 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
Section 11. That the Berkeley Municipal Code 23.202.140(E) is hereby amended to read:

E. Development Standards.

1. Basic Standards.
a. Table 23.202-19: R-SMU Development Standards shows lot and height standards that apply in all areas in the R-SMU district.

TABLE 23.202-19: R-SMU DEVELOPMENT STANDARDS

BASIC STANDARDS SUPPLEMENTAL STANDARDS
Lot Area, Minimum
New Lots No minimum
Per Group Living
Accommodation Resident No minimum

23.304.020 - Lot
Requirements

Ordinance No. 7,890-N.S. Page 10 of 44

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 7.0
Main Building Height, Maximum 85 ft. 23.304.050-Building Height 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

2. Supplemental Standards. Supplemental development standards that apply in the R-SMU district are noted in Table 23.202-19.

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

D. Ground-floor Uses. See Table 23.202-20: Permitted Street-Facing Ground Floor Uses.

TABLE 23.202-20: PERMITTED STREET-FACING GROUND FLOOR USES

FRONTAGE LOCATIONS PERMITTED STREET-FACING GROUND

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

Ordinance No. 7,890-N.S. Page 11 of 44
encouraged.

Along Adeline Non-Residential Uses or non-
residential accessory spaces to
residential buildings, such as
community rooms.

Along Woolsey, Tremont [2], or fronting interior
public spaces
Residential or Non-Residential Uses
Along Sacramento, along the Ohlone Greenway,
or within 50 feet of any street corner
Residential or Non-Residential Uses
Along Delaware, Acton, or Virginia Residential Uses
[1] Active uses are commercial uses in the following use categories: Retail; Personal and Household Services; Food and Alcohol Service, and Entertainment. [2] Public entrances for non-residential uses fronting Tremont Street must be located on Woolsey Street.

Section 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 23.202-21.

2. Supplemental Standards. Supplemental standards that apply in the R- BMU district are noted in Table 23.202-21.

TABLE 23.202-21: R-BMU DEVELOPMENT STANDARDS

SUPPLEMENTAL

STANDARDS
Lot Area, Minimum No minimum 23.304.020-Lot
Requirements
Private Usable Open
Space, Minimum [1][2]
Per Dwelling Unit 40 sf/DU 23.304.090-
Usable Open
Space
Per Group Living
Accommodation
Resident
15 sf/resident 23.304.090-
Usable Open
Space
Public Open Space,
Minimum

Ordinance No. 7,890-N.S. Page 12 of 44
Per Dwelling Unit 35 sf/unit
Per Group Living
Accommodation
Resident
18 sf/resident
Floor Area Ratio (FAR),
Maximum

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

Section 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)
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)

Ordinance No. 7,890-N.S. Page 13 of 44

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
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.I
Section 15. That Berkeley Municipal Code Section 23.204.110(B)(5) is hereby amended to read:

5. Residential 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
b. Occupy the full extent of the building frontage, excluding required utilities, driveways, pedestrian access and residential lobby.

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

Ordinance No. 7,890-N.S. Page 14 of 44
Lot Area Minimum
New Lots No minimum
Per Group Living
Accommodation Resident No minimum

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
Floor Area Ratio, Maximum 8.0
Telegraph/Channing Parking
Garage, APN 55-1879-6-1 No maximum
Main Building Height, Minimum 35 ft. 23.304.050-Building Height Main Building Height, Maximum 85 ft. 23.304.050 – Building Height
Telegraph/Channing Parking
Garage , APN 55-1879-6-1 85 ft. and 7 stories
Lot Line Setbacks, Minimum
Abutting/Confronting a Non-
residential District No minimum
Abutting/Confronting a
Residential District See 23.304.030(C)(2)

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

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

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:

Ordinance No. 7,890-N.S. Page 15 of 44
D. Development Standards.

1. Basic Standards. See Table 23.204-33: C-SO Development Standards. For residential-only projects, see also Table 23.204-34: C-SO Setback and Building Separation Standards for Residential-Only Uses and Table 23.204-35: C-SO Lot Coverage Standards for Residential-Only Uses.

TABLE 23.204-33: C-SO DEVELOPMENT STANDARDS
Project Land Use
Non-
Residential
and Mixed
Use
Mixed-
Use [1]
Residential
Only [1]
Supplemental
Standards
Lot Area, Minimum
New Lots No minimum 5,000 sq. ft 23.304.020– Lot
Requirements
Per Group Living
Accommodation Resident 350 sq. ft. [2]
Usable Open Space,
Minimum
Per Dwelling Unit 40 sq. ft. [4] 200 sq. ft.

Per Group Living
Accommodation Resident No minimum 90 sq. ft.

23.304.090–
Usable Open
Space
Floor Area Ratio, Maximum 2.0 No
maximum
Main Building Height,
Minimum No minimum
Main Building Height,
Maximum 28 ft. and 2 stories 23.304.050–
Building Height
Lot Line Setbacks, Minimum
Abutting/Confronting a
Non-residential District No minimum
Abutting/Confronting a
Residential District See 23.304.030.C.2
See
Table

23.204-34

23.304.030–
Setbacks
Building Separation,
Minimum No minimum [3]
See
Table

23.204-34

23.304.040–
Building
Separation in
Residential
Districts

Ordinance No. 7,890-N.S. Page 16 of 44
Project Land Use
Non-
Residential
and Mixed
Use
Mixed-
Use [1]
Residential
Only [1]
Supplemental
Standards
Lot Coverage, Maximum 100% See Table

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 23.204-34: C-SO SETBACK AND BUILDING SEPARATION STANDARDS FOR

RESIDENTIAL-ONLY USES

STANDARDS BY BUILDING
STORY
1ST 2ND 3RD

SUPPLEMENTAL

STANDARDS
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
Building 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 23.204-35: C-SO LOT COVERAGE STANDARDS FOR RESIDENTIAL-ONLY USES

STANDARD BASED ON

BUILDING HEIGHT
1 STORY 2

STORIES
3 STORIES

SUPPLEMENTAL

STANDARDS

Ordinance No. 7,890-N.S. Page 17 of 44
Lot Coverage, 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 23.204-33, Table 23.204-34, and Table 23.204-35 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.

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

1. Height.
a. Height Limits. Table 23.204-36: 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.

Ordinance No. 7,890-N.S. Page 18 of 44
FIGURE 23.204-5: C-DMU SUB-AREAS

Ordinance No. 7,890-N.S. Page 19 of 44
TABLE 23.204-36: C-DMU HEIGHT LIMITS

SUB-AREA MINIMUM 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 23.204-37: 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 23.204-38 shows minimum required lot line setbacks in the C-DMU district. Additional standards are listed in 23.204.130.3.d.

TABLE 23.204-38:C-DMU SETBACK STANDARDS

MINIMUM INTERIOR SIDE

PORTION OF BUILDING
AT
HEIGHT 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.

Over 120 feet 15 ft. min. 15 ft.

Ordinance No. 7,890-N.S. Page 20 of 44
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 23.204-38 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 23.204-38 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 23.204-39 shows minimum required usable open space in the C-DMU district.

TABLE 23.204-39: C-DMU USABLE OPEN SPACE REQUIREMENTS

MINIMUM USABLE OPEN SPACE SUPPLEMENTAL 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
commercial 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 23.204-40 for mixed-use residential permit requirements in the C- W district.

TABLE 23.204-40: C-W MIXED-USE RESIDENTIAL PERMIT REQUIREMENTS Total Project Floor Area Permit Required

Ordinance No. 7,890-N.S. Page 21 of 44
Projects with 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 5,000 square feet ZC
5,000 to 9,000 square feet AUP
More than 9,000 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-

40. 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 23.204-41 for development standards in the C-W district.

TABLE 23.204-41: C-W DEVELOPMENT STANDARDS

BASIC STANDARDS SUPPLEMENTAL

STANDARDS
Lot Area Minimum
New Lots
Per Group Living Accommodation Resident
No minimum

23.304.020– Lot
Requirements
Usable Open Space, Minimum
Per Dwelling Unit or Live/Work Unit 40 sq. ft.

Per Group Living Accommodation Resident No minimum

23.304.090–
Usable Open
Space
Floor Area Ratio, Maximum 3.0
Main Building Height, Minimum No minimum
Main Building Height, Maximum 40 ft. and 3 stories
[1,2]

23.304.050–
Building Height
Lot Line Setbacks, Minimum 23.304.030–

Ordinance No. 7,890-N.S. Page 22 of 44
Abutting/Confronting a Non-residential
District No minimum
Abutting/Confronting a Residential District See

23.304.030.C.2
Setbacks
Building Separation, Minimum No minimum
Lot Coverage, Maximum 100% 23.304.120– Lot
Coverage
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- 42: 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 23.204-42: C-AC PERMITTED GROUND FLOOR USES

AREA PERMITTED GROUND FLOOR USE
Shattuck Avenue between Dwight and Derby Commercial Uses Shattuck between Ward and Russell
Adeline 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:

Ordinance No. 7,890-N.S. Page 23 of 44

1. Basic Standards. See Table 23.204-43: C-AC South Shattuck Subarea Development Standards, and Table 23.204-44: C-AC North and South Adeline Subarea Development Standards.

Ordinance No. 7,890-N.S. Page 24 of 44
Section 29. That Berkeley Municipal Code Section 23.204.150(E)(5) Table 23.204-44 is hereby amended to read:

TABLE 23.204-43: 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 Minimum 23.304.020–
Lot
Requirements
New Lots No minimum 350 sq. ft.

Per Group Living
Accommodation
Resident
N/A 350 sq. ft. [1]
Usable Open Space,
Minimum [3]
40 sq. ft
Per Dwelling
Unit/GLA Resident
[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–
Building
Height

Ordinance No. 7,890-N.S. Page 25 of 44
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
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(E)

23.304.030–
Setbacks
Building Separation,
Minimum
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 Coverage

Ordinance No. 7,890-N.S. Page 26 of 44
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
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 usable 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 23.204-44: C-AC NORTH AND SOUTH ADELINE SUBAREA DEVELOPMENT STANDARDS Project Land Use [6] Supplemental

Ordinance No. 7,890-N.S. Page 27 of 44
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 Minimum 23.304.020-Lot
Requirements
New Lots No minimum
Per Group Living
Accommodation
Resident
N/A 350 sq. ft. [1] N/A
Usable Open Space,
Minimum [3]
40 sq. ft.

Per Dwelling
Unit/GLA Resident
[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
Residential Density,
Maximum (du/acre) [2] 100 150 210 250 250
1 GLA
resident per
350 sf of lot
area
N/A

Ordinance No. 7,890-N.S. Page 28 of 44
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 Coverage,
Maximum
100%

Ordinance No. 7,890-N.S. Page 29 of 44
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 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

Ordinance No. 7,890-N.S. Page 30 of 44
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 23.204-42 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 23.204-42 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.

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
Change of use from an existing dwelling unit to accommodate six ZC

Ordinance No. 7,890-N.S. Page 31 of 44
or fewer people
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) 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).

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

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
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.

Ordinance No. 7,890-N.S. Page 32 of 44

DISTRICT
WHERE

ALLOWED

WHEN ALLOWED

MINIMUM

SETBACK

WITH REDUCTION

REQUIRED

PERMIT REQUIRED ADDITIONAL
FINDINGS [1]
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.

R-2, R-
2A, R-3,
R-4, R-5
[4]
On a lot with
two or more
main buildings
with dwelling
units
No minimum AUP No additional findings
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. [5]
10% of lot width
or 3 ft.,
whichever is
greater
ZC
None

Ordinance No. 7,890-N.S. Page 33 of 44

DISTRICT
WHERE

ALLOWED

WHEN ALLOWED

MINIMUM

SETBACK

WITH REDUCTION

REQUIRED

PERMIT REQUIRED ADDITIONAL
FINDINGS [1]
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
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.
[5] 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

C-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]

Ordinance No. 7,890-N.S. Page 34 of 44
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
On a lot with
two or more
main
buildings with
a dwelling
unit
AUP No additional findings
ES-R [3] 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 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:

Ordinance No. 7,890-N.S. Page 35 of 44
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 23.204.130(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.

Ordinance No. 7,890-N.S. Page 36 of 44

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:

Ordinance No. 7,890-N.S. Page 37 of 44
a. Has an average minimum depth of six feet, measured from the front property line;
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.

5. Density Bonus. See 23.332.020 (Definitions).

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

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.

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

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.

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.

Ordinance No. 7,890-N.S. Page 38 of 44

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

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

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.

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.

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

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.

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

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

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.

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

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 which serves food altered in texture and/or temperature on a customer- demand basis, puts such food in non-sealed packages or edible containers,

Ordinance No. 7,890-N.S. Page 39 of 44
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).

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.

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.

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 permitted by California Health and Safety Code Section 33007.5 for a Limited Equity Cooperative.

Ordinance No. 7,890-N.S. Page 40 of 44

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.

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).

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.

13.Loft. See mezzanine.

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.

Ordinance No. 7,890-N.S. Page 41 of 44
FIGURE 23.502-4: LOT CONFIGURATION

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).

16.Lot Coverage. See 23.106.020 (Lot Coverage).

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.

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

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

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.

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

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

Ordinance No. 7,890-N.S. Page 42 of 44
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

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

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.

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.

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.

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.

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.

Ordinance No. 7,890-N.S. Page 43 of 44

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.

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. Effective Date
The effective date of this Ordinance shall be March 1, 2024.

Section 44. Copies of this Ordinance shall be posted for two days prior to adoption in the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way. Within 15 days of adoption, copies of this Ordinance shall be filed at each branch of the Berkeley Public Library and the title shall be published in a newspaper of general circulation.

At a special meeting of the Council of the City of Berkeley held on November 21, 2023, this Ordinance was passed to print and ordered published by posting by the following vote:

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

Noes: None.

Absent: Wengraf.

Ordinance No. 7,890-N.S. Page 44 of 44
Exhibit A: Proposed Zoning Map – Southside Plan Area

Ordinance No. 7,891-N.S. Page 1 of 1
ORDINANCE NO. 7,891-N.S.

LEASING THE ANN CHANDLER HEALTH CENTER AT 830 UNIVERSITY TO

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

Section 1. FINDINGS:

1. The City of Berkeley acquired 830 University Avenue in 1933 for use as a health clinic.

2. The Department of Health, Housing, and Community Services’ Public Health Division ceased operating clinic services in 830 University Avenue in early 2023.

3. Berkeley Free Clinic has proposed to move their current operations to this location.

Section 2. AUTHORIZATION FOR CITY MANAGER TO ENTER INTO A LEASE FOR 830 UNIVERSITY.

The City Manager is hereby authorized to enter into a five-year lease agreement with the option for a five-year extension with Berkeley Free Clinic for real property located at 830 University and known at the Ann Chandler Health Center. Such lease shall be on substantially the terms set forth in Exhibit A.

Section 3. Copies of this Ordinance shall be posted for two days prior to adoption in the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way. Within 15 days of adoption, copies of this Ordinance shall be filed at each branch of the Berkeley Public Library and the title shall be published in a newspaper of general circulation.

At a regular meeting of the Council of the City of Berkeley held on November 28, 2023, this Ordinance was passed to print and ordered published by posting by the following vote:

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

Noes: None.

Absent: None.

LEASE
By and Between

CITY OF BERKELEY
a Charter City organized and existing under the laws of the State of California ("Landlord")
and

BERKELEY COMMUNITY HEALTH PROJECT DBA BERKELEY FREE CLINIC a non-profit corporation
("Tenant")
Dated:_________________, 2023

i

TABLE OF CONTENTS
Page
[TOC]

EXHIBITS
Exhibit A-1 Legal Description of Property
Exhibit A-2 Depiction of the Premises
Exhibit B May 20, 2022 Building Inspection Report by E. A. Davidovits & Co., Inc.

LEASE

BASIC LEASE INFORMATION

1. Landlord: City of Berkeley, a Charter City organized and existing under the laws of the State of California
2180 Milvia Street, 2nd Floor
Berkeley, CA 94704
Attn: Deputy Director, Health, Housing, and Community Services Telephone: 510-981-5400

2. Tenant: Berkeley Community Health Project dba Berkeley Free Clinic, a non- profit corporation
2339 Durant Avenue
Berkeley, CA 94704
Phone: 510-548-2570

3. Effective Date: _______________, 2023

4. Premises: Approximately ten thousand (10,000) rentable square feet of space in the building commonly known and referred to as 830 University Avenue, Berkeley, California 94710 (the "Premises").

5. Permitted Uses: Medical office and clinical operations to serve low income and unhoused residents of the City of Berkeley. Any other associated or related legal uses shall be permitted.

6. Initial Term: Five (5) years, commencing as of the "Commencement Date " as that term is defined in the Lease.

7. Rent: In lieu of base rent, a monthly Maintenance Fee of two thousand dollars ($2,000) (hereinafter “Maintenance Fee” or “Rent”) shall be paid due during the Initial Term and during any Additional Term.

The Basic Lease Information set forth above and the Exhibits attached hereto are incorporated into and made a part of the following Lease. In the event of any conflict between the Basic Lease Information and terms of the Lease, the terms of the Lease shall control.

LANDLORD'S INITIALS_______ TENANT'S INITIALS_______

1 LEASE
This Lease Agreement ("Lease") is made and entered into as of the effective date specified in Section 3 of the Basic Lease Information, above ("Effective Date"), by and between City of Berkeley, a Charter City organized and existing under the laws of the State of California ("Landlord" or "City"), and Berkeley Community Health Project dba Berkeley Free Clinic, a non-profit corporation ("Tenant").

1. PREMISES.

1.1. Premises. Landlord is the owner of the land parcel(s) on which the Premises are located (the "Property"). A legal description of the Property is attached hereto and incorporated by reference as Exhibit A-1. Landlord hereby leases to Tenant, and Tenant leases from Landlord, the Premises together with Tenant Improvements (defined below), if any. A drawing depicting the general location and layout of the demised Premises is attached hereto and incorporated by reference as Exhibit A-2. Any improvements or alterations existing in the Premises, or otherwise constructed by Tenant or on Tenant's behalf therein pursuant to Section 9 of this Lease are referred to in this Lease as "Tenant Improvements."

1.2. Commencement Date: [ ], 2023

1.3. Delivery Condition. Except as otherwise expressly provided, Tenant shall accept the Premises "as is."

1.4. Premises Name. Tenant acknowledges that the Premises has been known as the Ann Chandler Public Health Clinic, and agrees that any name Tenant gives to its operations at the Premises shall include the term "Ann Chandler." By way of example, Tenant may use the name "Berkeley Free Clinic at the Ann Chandler Health Center."

2. TERM.

2.1. Initial Term. The "Initial Term" of this Lease shall be as set forth in Section 6 of the Basic Lease Information and shall commence as of the Commencement Date set forth in Section 1.2 of the Lease. The Initial Term together with any Renewal Term(s), if any, are collectively referred to herein as the "Term."

2.2. Renewal Term. Tenant shall have one (1) option to renew this Lease for a term of five (5) years (the "Renewal Term").

2.2.1 Right to Exercise. Tenant may exercise the option to renew this Lease only if it is fully compliant and current with all obligations after any applicable notice and cure periods as provided for under the Lease.

2.2.2 Notice. Tenant will provide Landlord with written notice of its election to renew the Lease with no less than six (6) months, prior to the end of the Term. If Tenant fails to provide such notice, its right to renew the Lease will not expire until fifteen (15) working days after the Tenant's receipt of Landlord's written demand that the Tenant exercise or forfeit the option to renew.

2 2.2.3 Extension of Term. Upon the commencement of a Renewal Term, all references to the Term of this lease will be deemed to mean the Term as extended pursuant to this Section 2.2.

3. RENT

3.1. Maintenance Fees in Lieu of Base Rent. In lieu of base rent, Tenant shall pay Maintenance Fees as set forth in Section 7 of the Basic Lease Information. Maintenance Fees under this Lease shall become due as of the Commencement Date. Maintenance Fees shall be paid as set forth in Section 7 of the Basic Lease Information and this Section 3. Tenant shall pay to Landlord, at Landlord's address designated in Section 1 of the Basic Lease Information, or at such other address as Landlord may from time to time designate in writing to Tenant for the payment of Maintenance Fees, the Maintenance Fees designated in Section 7 of the Basic Lease Information, without notice, demand, offset or deduction, in advance, on the first day of each month of the Term. Upon execution of this Lease, Tenant shall pay to Landlord the first month's Maintenance Fees. If Maintenance Fees are due for a period of less than a full month, the amount due shall be prorated for such partial month on the basis of a 30-day month.

3.1.1 Application of Payments. All payments received by Landlord from Tenant shall be applied to the oldest obligation owed by Tenant to Landlord. No designation by Tenant, either in a separate writing, on a check or money order, or otherwise shall modify this clause or have any force or effect.

4. UTILITIES.

4.1. Tenant Utility and Service Costs. Tenant shall pay for all utilities and services required or desired by Tenant in connection with its use or occupancy of the Premises, including:
(i) heat and air conditioning; (ii) water; (iii) gas, if applicable; (iv) elevator or lift service, if any; (v) electricity; (vi) telephone, computer, communications; (vii) trash pick-up; and (viii) any other materials, services, or utilities (individually and collectively, the "Services").

4.2. Conservation and Use Policies. Tenant, at its expense, shall comply with federal, state, or local governmental controls, rules, regulations, or restrictions on the use or consumption of energy or other utilities during the Term.

5. TAXES .

5.1. Taxes. Tenant represents and warrants that Tenant is a not for profit organization and is exempt from possessory interest tax.

6. INSURANCE.

6.1. Landlord. Landlord shall maintain insurance or an insurance equivalent insuring the Premises (excluding Tenant's Property and any Tenant Improvements) on an occurrence basis against fire and extended coverage (including, "all risk" coverage, earthquake/volcanic action, flood and/or surface water insurance) similar in type and coverage limits to that carried by Landlord on its other properties. At Landlord's option, such insurance or insurance equivalent

3 may be carried under any blanket or umbrella policies or other insurance or insurance equivalent which Landlord has in force for other buildings or projects. Landlord may also carry such other insurance as Landlord may deem prudent or advisable, in such amounts and on such terms as Landlord shall determine. All such insurance or insurance equivalent maintained by Landlord pursuant to this Section

6.1 is referred to herein as "Landlord's Insurance."

6.2. Tenant.

6.2.1 Tenant at its cost shall maintain public liability and property damage insurance with a single combined liability limit of $2,000,000, and property insurance against all risks of loss to any tenant improvements or betterments, at full replacement cost with no coinsurance penalty provision, including glass insurance and property damage limits of not less than $200,000 insuring against all liability of Tenant and its authorized representatives arising out of and in connection with Tenant's use or occupancy of the Premises. All such insurance shall insure performance by Tenant of the indemnity provisions set forth in Section 7. All insurance shall name the City of Berkeley, its officers, agents, volunteers and employees as additional insureds and shall provide primary coverage with respect to the City. All such insurance or insurance equivalent maintained by Tenant pursuant to this Section 6.2 is referred to herein as "Tenant's Insurance."

6.2.2 If the insurance referred to in this Section 6.2 is written on a Claims Made Form, then following termination of this lease, coverage shall survive for a period of not less than five years. Coverage shall also provide for a retroactive date of placement coinciding with the effective date of this lease.

6.2.3 Tenant at its cost shall maintain on all its personal property, tenant's improvements, and alterations, in on, or about the Premises, a policy of standard fire and extended coverage insurance, with vandalism and malicious mischief endorsements. This coverage shall be considered primary, and the proceeds from any such policy shall be used by Tenant for the replacement of personal property or the restoration of tenant's improvements or alterations.

6.2.4 If Tenant employs any person, it shall carry workers' compensation and employer's liability insurance and shall provide a certificate of insurance to the Landlord.

The workers' compensation insurance shall: provide that the insurance carrier shall not cancel, terminate, or otherwise modify the terms and conditions of said insurance except upon thirty (30) days prior written notice to the Landlord (or, if the insurer will not agree to give such notice, Tenant must promptly notify the City of any such cancellation, termination or modification of coverage); provide for a waiver of any right of subrogation against Landlord to the extent permitted by law; and be approved as to form and sufficiency by the Landlord's Risk Manager, such approval not to be unreasonably withheld, conditioned or delayed.

6.2.5 Tenant shall forward copies of all insurance documents to: Department of Public Works, Real Property Division, 1947 Center Street, Fifth Floor, Ste. 521, Berkeley, California, 94704.

4 6.2.6 Waivers of Subrogation. Notwithstanding every other provision of this Lease to the contrary, Landlord shall not be liable (by way of subrogation or otherwise) to Tenant (or to any insurance company insuring Tenant), and Tenant shall not be liable (by way of subrogation or otherwise) to Landlord (or to any insurance company insuring Landlord), for any loss or damage to any of the property of Landlord or Tenant, as applicable, with respect to the Building, the Property or the Premises or any addition or improvements thereto, or any contents therein, to the extent covered by insurance carried or required to be carried by Landlord or Tenant, as applicable, even though such loss might have been occasioned by the negligence or willful acts or omissions of Landlord or Tenant, as applicable, or their respective employees, agents, contractors or invitees. Landlord and Tenant shall give their respective insurance providers which issue policies of insurance, with respect to the items covered by this waiver, written notice of the terms of this mutual waiver, and shall have such insurance policies properly endorsed, if necessary, to prevent the invalidation of any of the coverage provided by such insurance policies by reason of such mutual waiver. For the purpose of the foregoing waiver, the amount of any deductible applicable to any loss or damage shall be deemed covered by, and recoverable by Landlord or Tenant, as applicable, under the insurance policy to which such deductible relates.

7. INDEMNITY; LIABILITY EXEMPTION .

7.1. Indemnity. Except to the extent claims are caused by Landlord's negligence or willful misconduct, Tenant shall indemnify, protect, defend, and hold harmless Landlord and its elected officials, officers, employees, volunteers, lenders, agents, representatives, contractors and each of their successors and assigns from and against any and all claims, judgments, causes of action, damages, penalties, costs, liabilities, and expenses, including all costs, attorneys' fees, expenses and liabilities incurred in the defense of any such claim or any action or proceeding brought thereon, arising at any time during or after the Term as a result (directly or indirectly) of or in connection with (i) any default in the performance of any obligation on Tenant's part to be performed under the terms of this Lease, where the same continues beyond applicable notice and cure periods; (ii) Tenant's use of the Premises, the conduct of Tenant's business or any activity, work or thing done, permitted or suffered by Tenant in or about the Premises or the Property; (iii) all damages, liability, fines, penalties, and any other consequences arising from any noncompliance or violation of any laws, Ordinances, codes, or regulations, including but not limited to the Occupational Safety and Health Act of 1979 and the Americans with Disabilities Act of 1990; or (iv) any act, error or omission of Tenant in or about the Property or any portion thereof (collectively, the "Indemnification"). Tenant shall provide such Indemnification by and through counsel reasonably acceptable to Landlord; provided, additionally, that the Berkeley City Attorney’s Office may participate in the response to or defense of any Indemnification claim under this Section 7.1 at the City’s sole expense. Without limiting Tenant's Indemnification obligations, Landlord shall be entitled to participate in the defense of any third party claim that is reasonably likely to give rise to Indemnification claim under this Section 7.1.

Landlord shall indemnify, protect, defend, and hold harmless Tenant and its officers, employees, volunteers, lenders, agents, representatives, contractors and each of their successors and assigns from and against any and all claims, judgments, causes of action, damages, penalties, costs, liabilities, and expenses, including all costs, attorneys' fees, expenses and liabilities incurred in the defense of any such claim or any action or proceeding brought thereon, arising at any time

5 during or after the Term as a result (directly or indirectly) of or in connection (1) the active negligence or willful misconduct of Landlord, or its officers, employees, volunteers, lenders, agents, representatives, contractors and each of their successors and assigns, and (2) any default in the performance of any obligation on Landlord’s part to be performed under the terms of this Lease. The obligations of Tenant and Landlord under this Section 7.1 shall survive the expiration or other termination of this Lease with respect to any claims or liability arising prior to such expiration or other termination.

7.2. Exemption of Landlord from Liability. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to property including, but not limited to, Tenant's Property and any Tenant Improvements, and injury to or death of persons in, upon or about the Premises or the Property arising from any cause, and Tenant hereby waives all claims in respect thereof against Landlord, except to the extent such claims are caused by Landlord's active negligence or willful misconduct. Tenant hereby agrees that Landlord shall not be liable for injury to Tenant's business or any loss of income therefrom or for damage to the property of Tenant, or injury to or death of Tenant's officers, agents, or employees, or any other person in or about the Premises or the Property, whether such damage or injury is caused by fire, steam, electricity, gas, water or rain, or from the breakage, leakage or other defects of sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures, or from any other cause, whether said damage or injury results from conditions arising within or about the Premises or the Property or from other sources or places, except damage or injury caused by Landlord's active negligence or willful misconduct. Landlord shall not be liable for any damages arising from any act or neglect of any other tenant or occupant, if any, of the Premises or the Property except to the extent such damages are caused by Landlord's failure to enforce the terms of any agreements or any applicable law with parties other than Tenant.

8. REPAIRS AND MAINTENANCE.

8.1. Landlord's Repair and Maintenance. During the Term, Landlord shall be responsible for maintaining in good order, condition, and repair the following elements of the Premises: the foundations and footings of the Premises; all structural elements of the Premises, including roof structure, exterior walls, and interior bearing walls. Landlord's repair and maintenance requirements under this Section 8.1 shall include the necessary replacement of any of the listed elements of the Premises; provided, however, the scope of such requirements shall be subject to whether landlords of comparable buildings in the City of Berkeley would make the replacements of the listed elements of the Premises.

8.1.1 Performance by Tenant. If Tenant determines that any elements of the Premises subject to this Section 8.1 require maintenance, repair, or replacement, Tenant shall provide written notice of such to Landlord. Should Landlord fail to perform, within a reasonable time after such notice by Tenant, any maintenance, repairs, or replacements subject to this Section 8.1 (and expressly including Landlord's reasonably discretion hereunder), Tenant shall have the right (but not the obligation) to undertake such actions as may reasonably be required to effect a cure of Landlord's failure to so perform. Prior to undertaking any such actions, however, Tenant shall consult with Landlord's Director of Public Works or their designee to determine the appropriate scope and cost of such actions. Landlord shall reimburse Tenant for all agreed upon,

6 reasonable and necessary costs of cure within thirty (30) days after Tenant's delivery if an itemized statement of such costs, together with reasonable supporting documentation. Tenant may offset against Rent and other sums due to Landlord under the Lease any undisputed sums not timely paid by Landlord to Tenant, including interest thereon at the maximum lawful rate.

8.2. Parking, Exterior Lighting, Landscaping. Tenant shall maintain the exterior lighting system and landscaping of the Building, in good order, condition, and repair.

8.3. Security. Tenant shall maintain all locks and key systems used in the Premises.

9. TENANT IMPROVEMENTS.

9.1. Pre-Approved Tenant Improvements. Tenant acknowledges that Lifelong Medical Care agrees to perform all maintenance, repairs and replacements called for by the May 20, 2022 Building Inspection Report by E. A. Davidovits & Co., Inc. (including all appendices but with the exception of roof maintenance or replacement), attached hereto as Exhibit B at its sole cost and expense.

9.2. Further Tenant Improvements. Tenant may make future alterations and improvements to the Premises with Landlord's prior written consent, not to be unreasonably withheld, conditioned, or delayed. Tenant shall have no duty to remove any alterations or improvements unless they are not customary for medical office use and Landlord notifies Tenant of the removal requirement at the time Landlord gives its consent to the alterations or improvements. Tenant may, at its sole cost and expense, install, operate, maintain, upgrade, repair, or replace an alarm, access control, or other building security system. Tenant may, at its sole cost and expense, install, operate, maintain, upgrade, repair, or replace, a solar electric generating system, which may include rooftop solar panels and battery backups. Landlord expressly grants Tenant the right to install solar panels on the roof of the Premises, and Tenant shall have no duty to remove such solar panels.

9.3. Standard of Work. All work to be performed by or on behalf of Landlord and Tenant shall be performed diligently and in a first-class, workmanlike manner, and in compliance with all applicable Laws and all insurance carrier requirements. Landlord shall have the right, but not the obligation, to periodically inspect such work and may require changes in the method or quality thereof. In no event shall such work materially obstruct access to the Property or any portion thereof.

9.4. Damage; Removal. Tenant shall repair all damage to the Premises, Property and any portions thereof caused by the installation or removal of alterations or other work performed by or on behalf of Tenant. If Landlord requires Tenant to remove improvements under Section

9.2, Tenant shall remove Tenant's trade fixtures and other improvements, alterations and additions and restore the Premises to their condition existing prior to the construction or installation of any such items and perform any closure work, investigation and environmental remedial work required by the presence or suspected presence of any Hazardous Materials under Hazardous Materials Laws (as hereinafter defined) or by any other applicable Laws, but only to the extent Tenant, and not the Landlord or Lifelong (or their respective officers, employees, volunteers, lenders, agents, representatives, contractors and each of their successors and assigns),

7 is responsible for causing the presence or suspected presence of Hazardous Materials in violation of Hazardous Materials Laws. All such removals and restoration shall be accomplished in a good and workmanlike manner so as not to cause any damage to the Premises or the Property whatsoever and in strict accordance with all applicable Laws.

9.5. Liens. Tenant shall promptly pay and discharge all claims for labor performed, supplies furnished and services rendered at the request of Tenant and shall keep the Premises and Property and all portions thereof free of all mechanics' and materialmen's liens in connection therewith. Tenant shall provide at least ten (10) business days' prior written notice to Landlord before any labor is performed, supplies furnished or services rendered on or at the Premises and Landlord shall have the right to post on the Premises notices of non-responsibility. If any lien is filed, Tenant shall cause such lien to be released and removed within twenty (20) days after the date of filing, and if Tenant fails to do so, Landlord may take such action as may be necessary to remove such lien, without the duty to investigate the validity of it, and Tenant shall pay Landlord such amounts expended by Landlord together with interest thereon, at the Applicable Interest Rate, from the date of expenditure.

9.6. Bonds. Landlord may require Tenant to provide Landlord, at Tenant's sole cost and expense, lien, performance, and payment completion bonds in an amount equal to one and one-half times the estimated cost of any alterations, additions, or improvements to insure Landlord, the Premises and the Property against any liability for mechanic's and materialmen's liens, and to ensure completion of the work and payment of any contractors or subcontractors.

10. USE; JOINT POSSESSION; INSPECTION; QUIET ENJOYMENT.

10.1. Usage. The Premises shall be used only for the permitted uses set forth in Section 5 of the Basic Lease Information and for no other purpose without the prior written consent of Landlord. Tenant acknowledges that, except as expressly set forth in this Lease, neither Landlord nor any of Landlord's agents has made any representation or warranty with regard to the Premises, any Tenant Improvements, or the Property with respect to their suitability for the conduct of Tenant's business. Tenant, at Tenant's expense, shall comply with all applicable Hazardous Materials Laws, statutes, laws, codes, rules, orders, zoning, ordinances, directions, regulations, regulations, permits, or other requirements of federal, state, county, municipal, or other governmental authorities having jurisdiction, now in force or which may hereafter be in force (individually "Law" and collectively "Laws"), which shall impose any duty upon Landlord or Tenant with respect to the use, occupancy, or alteration of the Premises; provided, however, if the Hazardous Materials was pre-existing prior to the Commencement Date, then Landlord, at its sole cost and expense, shall remedy such condition to comply with all Laws, and further provided that Tenant shall not be required under this Lease to remedy any such condition to the extent it is caused by Lifelong. Tenant shall be responsible for obtaining any permit or license required by any governmental agency permitting Tenant's use of the Premises.

10.2. Joint Possession of and Operations on the Premises. Landlord and Tenant acknowledge and agree that, Landlord shall enter into a separate lease for the Premises with Lifelong to run concurrently with this Lease. Landlord and Tenant further acknowledge and agree that concurrently with the execution of this Lease, Tenant, and Lifelong will enter into a joint operating agreement ("JOA") under which Lifelong will occupy the Premises between the

8 hours of 8:00 a.m. and 5:30 p.m. Monday through Friday, and Tenant will occupy the Premises on weekends and during the weekday hours not devoted to Lifelong's use. It is understood that Lifelong shall be required under the JOA to operate in a manner consistent with the terms of this Lease. The JOA, as it may be revised or amended from time to time, shall be subordinate to the terms of this Lease. The parties agree their usage of the Premises space shall comply with any and all applicable requirements under the Health Insurance Portability and Accountability Act and other legal and health care regulatory requirements. In the event that the lease between Landlord and Lifelong terminates or expires, then Tenant shall have exclusive possession of the Premises twenty-four (24) hours a day, seven (7) days a week with no reduction in the Maintenance Fee. Upon the termination of expiration of the lease between Landlord and Lifelong, the JOA shall be automatically terminated.

10.3. Inspection. Landlord, or its representative or contractor, may enter the Premises by prior appointment with at least two business days’ written notice between the hours of 9:00 a.m. and 4:30 p.m., Monday through Friday, holidays excepted, to determine that (i) the Premises is being reasonably cared for, (ii) no waste is being made and that all actions affecting the Premises are done in the manner best calculated to preserve the Premises, and (iii) Tenant is in compliance with the terms and conditions of this lease.

10.4. Quiet Enjoyment. Tenant may not commit, or suffer to be committed, any waste upon the Premises, or any nuisance or other act or thing that may disturb the quiet enjoyment of any other occupant of the Building. For so long as Tenant is in compliance with the material terms of this Lease, Landlord shall warrant and defend Tenant in the quiet enjoyment and possession of the Premises during the Term. Tenant acknowledges and agrees that possession or use of the Premises by Lifelong in a manner consistent with the terms of any JOA pursuant to Section 10.2 and any applicable laws shall not constitute a violation of this Section 10.4.

11. ENVIRONMENTAL MATTERS.

11.1. Hazardous Materials Defined. As used in this lease, the term "Hazardous Materials" refers to any and all pollutants, wastes, flammables, explosives, radioactive materials, hazardous, biohazardous, or toxic materials, hazardous, biohazardous, or toxic wastes, hazardous, biohazardous, or toxic substances, carcinogenic materials or contaminants, and all other materials governed, monitored, or regulated by any Federal, State or local law or regulation, including but not limited to the Comprehensive Environmental Response, Compensation and Liability Act, the Hazardous Substances Account Act, and/or the Resources Conservation and Recovery Act.

11.2. Warranty; Hold Harmless. Landlord warrants that Landlord has no knowledge of the presence of any Hazardous Materials or other contamination in or under the Premises or Property in violation of any laws, codes, rules, orders, ordinances, directives, regulations, permits, or other requirements of federal, state, county, municipal or governmental authorities having jurisdiction, now in force or which may hereafter be in force concerning the management, use, generation, storage, transportation, presence, discharge or disposal of Hazardous Materials.

Landlord shall defend, save, protect and hold Tenant harmless from any loss arising out of the presence of any Hazardous Materials on the Property that was not brought to the Property by or

9 at the request of Tenant, its agents, contractors, invitees or employees. Landlord acknowledges and agrees that Tenant has no obligation to clean up or remediate, or contribute to the cost of clean-up or remediation, of any Hazardous Materials unless such Hazardous Materials are released, discharged or spilled on or about the Property by Tenant or any of its agents, employees, contractors, invitees or other representatives. The obligations of this Section shall survive the expiration or earlier termination of this Lease.

12. DAMAGE AND DESTRUCTION .

12.1. Perilous Condition. If, during the Term, Landlord's Director of Public Works becomes aware of a perilous condition on the Premises that, in his or her opinion, substantially and significantly threatens the health and safety of Tenant's employees or invitees (a "Perilous Condition"), the Director of Public Works, or his or her designee, will immediately notify Tenant of such Perilous Condition, and Tenant shall use best efforts to promptly eliminate the Perilous Condition. Tenant shall immediately address any condition reasonably constituting an emergency, whether Tenant learns of the condition through Landlord or otherwise. If Tenant fails to address a Perilous Condition within thirty six (36) hours after Landlord's notice or to immediately address an emergency situation, Landlord may attempt to resolve the Perilous Condition or emergency situation. Subject to repair and maintenance obligations set forth in Section 8, Tenant shall reimburse Landlord for any costs incurred by Landlord in addressing the Perilous Condition or emergency situation promptly upon receipt of any Landlord's invoice for such costs.

12.2. Insured Casualty. If, during the Term, the Premises are totally or partially destroyed or utility services are cut off from any cause rendering the Premises totally or partially inaccessible or unusable (the "Casualty"), and if the restoration can be made under then existing Laws and can be completed within one hundred twenty (120) days after obtaining all necessary permits therefor and if the costs of such restoration are compensable by Landlord's insurance (an "Insured Casualty"), then Landlord shall restore the Premises (excluding Tenant's Property and any Tenant Improvements) to substantially the same condition as they were in immediately before destruction. If the existing Laws do not permit the restoration or if the costs of such restoration are not compensable by Landlord's insurance, either party may terminate this Lease by giving ninety (90) days' prior written notice to the other party. In case of Insured Casualty, there shall be an abatement or reduction of Maintenance Fees owed to Landlord, between the date of Insured Casualty and the date of completion of restoration if restoration takes place, or the earliest allowed date of termination if restoration does not take place and whether or not the Lease is terminated, based on the proportion to which the destruction renders the Premises unusable by Tenant for the ordinary conduct of business.

12.3. Tenant's Fault. If the Premises, the Property, or any portion thereof, are damaged resulting from the negligence or breach of this Lease by Tenant or any of its agents, employees, contractors, invitees or other representatives and Tenant fails to cure such damage within a reasonable amount of time following written notice from Landlord, Maintenance Fees owed to Landlord shall not be reduced during the repair of such damage, Tenant shall have no right to terminate this Lease as provided in Section 12.1, and Tenant shall be liable to Landlord for the cost of the repair caused thereby to the extent such cost is not covered by insurance proceeds.

10 12.4. Repair Limitation. Notwithstanding anything in this Lease to the contrary, Landlord shall not be required to repair any injury or damage, by fire or other cause, to Tenant's Property or any Tenant Improvements, if any, or to rebuild, repair or replace any decorations, alterations, partitions, fixtures, trade fixtures, additions or other improvements installed on the Premises by or for Tenant, unless and to the extent Landlord has received insurance proceeds from Tenant's property insurance as provided in Section 6.2 above, and neither Tenant or Landlord has opted to terminate this Lease as provided in Section 12.1.

12.5. Waiver. The provisions of this Lease contain an express agreement between Landlord and Tenant that applies in the event of any Casualty. Tenant fully waives the provisions of any statute or regulation, including California Civil Code sections 1932(2) and 1933(4) (as amended from time to time, and successor statutes thereto) for any rights or obligations concerning a Casualty.

13. EMINENT DOMAIN.

13.1. Effect on Rights and Obligations. If the whole or any substantial part of the Premises, or if the Property or any portion thereof which would leave the remainder of the Property unsuitable for the Permitted Uses, or if the land on which the Property is located or any material portion thereof, shall be taken or condemned for any public or quasi public use under governmental law, ordinance or regulation, or by right of eminent domain, or by private purchase in lieu thereof (each a "Taking"), then Landlord may, at its option, terminate this Lease and Maintenance Fees shall be abated during the unexpired portion of this Lease, effective when the physical taking of said Premises or said portion of the Property or land shall occur. However, if Landlord does not, in its sole discretion, opt to terminate this Lease in accordance with this Section 13, then this Lease shall remain in effect. Landlord shall maintain or terminate the leases of all other tenants in the Property who are similarly situated to Tenant consistent with its option with regard to Tenant. Notwithstanding the foregoing, if the whole of the Premises is subject to the Taking, or if the portion of the Premises not affected by the Taking is not in Tenant's business judgment reasonably suitable for Tenant's continued occupancy, Tenant may terminate this Lease as of the date of the Taking and be relieved of all obligations thereafter accruing under this Lease. If Tenant elects to terminate this Lease, Tenant must exercise its right to terminate by giving written notice to Landlord within 30 days after the Taking, as of the date of termination, which date shall not be earlier than 30 days nor later than 90 days after Tenant has notified Landlord of its election to terminate; except that this Lease shall terminate on the date of Taking if the date of Taking falls on a date before the date of termination as designated by Tenant. If Tenant does not terminate this Lease within the 30-day period, this Lease shall continue in full force and effect, except that the Maintenance Fees owed to Landlord thereafter to be paid shall be reduced on a pro-rata basis. Tenant shall notify Landlord in writing of any condemnation or threatened condemnation within ten (10) days after Tenant receives notice of said action or threatened action. Where only a portion of the Premises is subject to a Taking and neither Landlord nor Tenant terminates this Lease, Landlord shall promptly restore the remainder of the Premises into an architectural whole and functional condition and the Maintenance Fees for any portion of the Premises subject to (or rendered unusable by) the Taking shall be abated during the unexpired Term effective when the physical taking of said portion of the Premises shall occur. Provided that Landlord complies with the preceding sentence, the Taking shall not be

11 construed to constitute an actual or constructive eviction of Tenant or a breach of any express or implied covenant of quiet enjoyment.

13.2. Award. In connection with any condemnation, Landlord shall be entitled to receive all compensation and anything of value awarded, paid, or received in settlement or otherwise ("Award") and Tenant hereby irrevocably assigns and transfers to Landlord all rights to and interests in the Award and fully waives, releases, and relinquishes any claim to, right to make a claim on, or interest in the Award, including any amount attributable to any excess of the market value of the Premises for the remainder of the Term over the present value as of the termination date of the Rent payable for the remainder of the Term (commonly referred to as the "bonus value" of the Lease). Notwithstanding the foregoing, any portions of such award or proceeds which are specifically allocated by the condemning or purchasing party for the taking of or damage to trade fixtures of Tenant and moving and relocation costs shall be reserved specifically for Tenant.

14. DEFAULT.

14.1. Events of Default. The occurrence of any of the following events shall, at Landlord's option, constitute an "Event of Default:"

14.1.1 As to Tenant: (i) Tenant's failure to pay Maintenance Fees within ten business days after receipt of a written notice of such failure from Landlord to Tenant; (ii) Tenant's failure to comply with any other material term or provision of this Lease if such failure is not remedied within thirty (30) days after receipt of a written notice specifying the nature of the breach in reasonably sufficient detail; provided, however, if such default cannot reasonably be remedied within such thirty day period, then a default will not be deemed to occur until the occurrence of Tenant's failure to comply within the period of time that may be reasonably required to remedy the default, up to an aggregate of ninety days (90), provided Tenant commences curing such default within thirty (30) days and thereafter diligently proceeds to cure such default.

14.1.2 As to Landlord: Landlord's failure to perform any obligation under this Lease if such failure is not remedied within thirty (30) days after receipt of a written notice from Tenant to Landlord specifying the nature of the breach in reasonably sufficient detail; provided, however, if such breach cannot reasonably be remedied within such thirty (30) day period, then a default will not be deemed to occur until the occurrence of Landlord's failure to perform within the period of time that may be reasonably required to remedy the breach, up to an aggregate of ninety (90) days, provided Landlord commences curing such breach within thirty (30) days and thereafter diligently proceeds to cure such breach. Notwithstanding the foregoing, if Landlord's failure to perform any obligation under this Lease renders the Premises wholly or partially unusable by Tenant for the ordinary conduct of business for more than two (2) consecutive business days, then Landlord shall remedy such failure within five (5) business days after receiving written notice from Tenant to Landlord and Tenant shall be entitled to an abatement of Maintenance Fees owed to Landlord, to be prorated on the basis of a 30-day month, for the number of days such failure is not remedied after Landlord receives written notice from Tenant.

For the avoidance of doubt, the abatement of rent provided for under this Section shall not be Tenant’s sole remedy for Landlord’s failure to perform Lease obligations.

12 14.2. Remedies.

14.2.1 Termination. In the event of the occurrence of any Event of Default, Landlord shall have the right to give a written termination notice to Tenant and, on the date specified in such notice (which date shall be at least three (3) business days following the date of delivery of such notice), this Lease shall terminate unless on or before such date all arrears of Rent and all other sums payable by Tenant under this Lease and all costs and expenses incurred by or on behalf of Landlord hereunder shall have been paid by Tenant and all other Events of Default at the time existing shall have been fully remedied to the satisfaction of Landlord.

A. Repossession. Following termination, without prejudice to other remedies Landlord may have, Landlord may (i) peaceably re-enter the Premises upon voluntary surrender by Tenant, or remove Tenant therefrom and any other persons occupying the Premises following reasonable written notice, using such legal proceedings as may be available; (ii) repossess the Premises or relet the Premises or any part thereof for such term (which may be for a term extending beyond the Term), at such rental and upon such other terms and conditions as Landlord in Landlord's sole discretion shall determine, with the right to make reasonable alterations and repairs to the Premises; and (iii) remove all personal property therefrom.

14.3. Cumulative. Each right and remedy of Landlord provided for herein or now or hereafter existing at Law or in equity, by statute or otherwise shall be cumulative and shall not preclude Landlord from exercising any other rights or remedies provided for in this Lease or now or hereafter existing at Law or in equity, by statute or otherwise. No payment by Tenant of a lesser amount than the Maintenance Fees nor any endorsement on any check or letter accompanying any check or payment of Maintenance Fees shall be deemed an accord and satisfaction of full payment thereof; and Landlord may accept such payment without prejudice to Landlord's right to recover the balance of such Maintenance Fees or to pursue other remedies.

15. ASSIGNMENT AND SUBLETTING.

15.1. Landlord's Consent. Tenant shall not assign, sublet or otherwise transfer, whether voluntarily or involuntarily or by operation of Law, this Lease, the Premises or any part thereof, without Landlord's prior written approval, which approval shall not be unreasonably withheld, conditioned, or delayed. Upon the assignment of the Lease by Tenant, the Tenant will have no further obligation under the Lease.

15.2. Joint Possession not a Sublease. Landlord and Tenant acknowledge and agree that the JOA shall not constitute a sublease or assignment under this Section 15.

16. NON-DISCRIMINATION AGAINST PERSONS WITH DISABILITIES

16.1. If Tenant provides any aid, service or benefit to others on the City's behalf, Tenant shall, in the provision of such aid, service or benefit, observe and comply with all applicable provisions of Title II of the Americans with Disabilities Act of 1990 and any amendments thereto. Tenant shall further observe and comply with all applicable federal, state, municipal and local laws, Ordinances, codes and regulations prohibiting discrimination against

13 individuals with disabilities or ensuring that individuals with disabilities are not excluded from participating in or receiving benefits, services or activities of the City.

16.2. If Tenant is or becomes a "public accommodation" as defined in Title III of the Americans with Disabilities Act of 1990, Tenant shall observe and comply with all applicable provisions of the Act and any amendments thereto, and all applicable federal, state, municipal and local laws, Ordinances, codes and regulations prohibiting discrimination on the basis of disability in the full and equal enjoyment of goods, services, facilities, privileges, advantages, or accommodations offered by the Tenant. All Tenant's activities must be in accordance with these laws, Ordinances, codes, and regulations, and Tenant shall be solely responsible for complying therewith.

17. CITY NON-DISCRIMINATION ORDINANCE

17.1. Tenant agrees to comply with the provisions of Berkeley Municipal Code Chapter

13.26 as amended from time to time. In the performance of this lease, the Tenant agrees as follows:

17.1.1 The Tenant shall not discriminate against any employee or applicant for employment because of race, color, religion, ancestry, national origin, age (over 40), sex, pregnancy, marital status, disability, sexual orientation or AIDS.

17.1.2 The Tenant shall permit the Landlord access to records of employment advertisements, application forms, EEO-1 forms, affirmative action plans and any other documents which, in the opinion of the Landlord, are necessary to monitor compliance with this non-discrimination provision, and will, in addition, fill-out in a timely fashion, forms supplied by the Landlord to monitor these non-discrimination provisions.

18. NUCLEAR FREE BERKELEY

18.1. Tenant agrees to comply with Berkeley Municipal Code Chapter 12.90, the Nuclear Free Berkeley Act, as amended from time to time.

19. OPPRESSIVE STATES

19.1. In accordance with Resolution No. 59,853-N.S., Tenant certifies that it has no contractual relations with, and agrees during the term of this Lease to forego contractual relations to provide personal services to or to purchase, sell, lease or distribute commodities in the conduct of business with, the following entities:
(1) The governing regime in any Oppressive State.
(2) Any business or corporation organized under the authority of the governing regime of any Oppressive State.

14 (3) Any individual, firm, partnership, corporation, association, or any other commercial organization, and including parent-entities and wholly-owned subsidiaries (to the extent that their operations are related to the purpose of its contract with the City), for the express purpose of assisting in business operations or trading with any public or private entity located in any Oppressive State

19.2. For purposes of this lease, the Tibet Autonomous Region and the provinces of Ado, Kham, and U-Tsang shall be deemed oppressive states.

19.3. Tenant’s failure to comply with this section following thirty (30) days’ written notice from Landlord shall constitute a default of this lease and Landlord may terminate this lease pursuant to Section 14. In the event that the City terminates this lease due to a default under this provision, City may deem Tenant a non-responsible bidder for five (5) years from the date this lease is terminated.

20. BERKELEY LIVING WAGE ORDINANCE

20.1. Tenant agrees to comply with Berkeley Municipal Code Chapter 13.27, the Berkeley Living Wage Ordinance. If Tenant employs six (6) or more part-time, full-time or stipend employees, and generates $350,000 or more in annual gross receipts, Tenant will be required to provide all eligible employees with City mandated minimum compensation during the term of this lease, as defined in B.M.C. Chapter 13.27, and well as comply with the terms enumerated herein.

20.2. Tenant shall be required to maintain all reasonable records and documents that would establish whether Tenant is subject to Berkeley's Living Wage Ordinance (LWO). If Tenant is subject to the LWO, as defined therein, Tenant shall be further required to maintain monthly records of those employees located on the leased Premises. These records shall include the total number of hours worked, the number of hours spent providing service on the leased property, the hourly rate paid, and the amount paid by Tenant for health benefits, if any, for each of its employees providing services under the lease. The records described in this Section shall be made available upon the City's request. The failure to produce these records upon demand shall be considered an Event of Default. The City shall (i) handle such records and documents in accordance with any and all applicable requirements under the Health Insurance Portability and Accountability Act and other legal and health care regulatory requirements and (ii) not disclose Tenant’s Confidential Information, except as expressly permitted in this Lease or otherwise required by law.

The term “Confidential Information” shall include non-public information about the Tenant’s business or activities that is proprietary and/or confidential, including, without limitation, all business, financial, technical, and other information of a party marked or designated as “confidential” (or some similar designation) or that, by its nature or the circumstances surrounding its disclosure, should reasonably be regarded as confidential. Landlord hereby agrees to (i) use the Confidential Information of the Tenant solely for the purpose of performing its obligations under this Agreement; (ii) hold the Tenant’s Confidential Information in strict confidence, and; (iii) not disclose such Confidential Information or any part thereof, to any person, except those officers, employees, agents or professional advisors (or those of its

15 Affiliates) with a strict “need to know” in order for the Landlord to perform its obligations hereunder, provided that such officers, employees, agents or professional advisors shall prior to any disclosure, have agreed by signed writing or otherwise to be bound by confidentiality obligations no less strict than those described herein. Confidential Information shall not include (i) any information already rightfully in the public domain at the time of its disclosure or subsequently released into the public domain by the Tenant; (ii) any information already rightfully in the possession of the Landlord at the time of its disclosure by the Tenant without an obligation to maintain its confidentiality; (iii) any information that is independently developed by the Landlord without use of or reference to any Confidential Information of the Tenant, in either case such fact being proven through documentary evidence; (iv) information obtained by the Landlord from a third Party not in breach of any confidentiality obligations to the Tenant (v) information required to be disclosed by law, a court order or competent government authority, provided that in such case the Landlord shall, to the extent permitted by law, promptly inform the Tenant of such requirement of disclosure such that the Tenant has an opportunity to object to the production or disclosure by seeking a protective order.

Landlord acknowledges that the Tenant considers its Confidential Information to contain confidential, proprietary, trade secret information of the Tenant and that any unauthorized use or disclosure of such information would cause the Tenant irreparable harm for which its remedies at law would be inadequate. Accordingly, Landlord acknowledges and agrees that the Tenant will be entitled in addition to any other remedies available to it at law or in equity, to seek the issuance of injunctive relief, enjoin any breach or threatened breach of the Landlord’s obligations hereunder with respect to the Confidential Information of the Tenant, in addition to such further injunctive relief as any court of competent jurisdiction may deem just and proper.

20.3. If Tenant is subject to the LWO, Tenant shall include the requirements of the Ordinance, as defined in B.M.C. Chapter 13.27, in any and all subleases in which Tenant enters with regard to the subject Premises. Subtenants shall be required to comply with this Ordinance with regard to any employees who spend 25% or more of their compensated time on the Premises.

20.4. If Tenant fails to comply with the requirements of this the LWO and this Lease, the City shall have the rights and remedies described in this Section 20, in addition to any rights and remedies provided by law or equity.

20.5. Tenant's failure to comply with this Section 20 shall constitute an Event of Default. In addition, at City's sole discretion, Tenant may be responsible for liquidated damages in the amount of $50 per employee per day for each and every instance of an underpayment to an employee. It is mutually understood and agreed that Tenant's failure to pay any of its eligible employees at least the applicable living wage rate will result in damages being sustained by the City; that the nature and amount of the damages will be extremely difficult and impractical to fix; that the liquidated damages set forth herein is the nearest and most exact measure of damage for such breach that can be fixed at this time; and that the liquidated damage amount is not intended as a penalty of forfeiture for Tenant's breach.

21. BERKELEY EQUAL BENEFITS ORDINANCE

16 21.1. Tenant hereby agrees to comply with the provisions of the Berkeley Equal Benefits Ordinance, B.M.C. Chapter 13.29. If Tenant is currently subject to the Berkeley Equal Benefits Ordinance, Tenant will be required to provide all eligible employees with City mandated equal benefits during the term of this lease, as defined in B.M.C. Chapter 13.29, as well as comply with the terms enumerated herein.

21.2. If Tenant is currently or becomes subject to the Berkeley Equal Benefits Ordinance, Tenant agrees to supply the City with any records the City deems necessary to determine compliance with this provision. Failure to do so shall be a considered an Event of Default. The City shall (i) handle such records in accordance with any and all applicable requirements under the Health Insurance Portability and Accountability Act and other legal and health care regulatory requirements and (ii) not disclose Tenant’s Confidential Information, except as expressly permitted in this Lease or required by law.

21.3. If Tenant fails to comply with the requirements of this Section 21, City shall have the rights and remedies described in this Section, in addition to any rights and remedies provided by law or equity.

21.4. Tenant’s failure to comply with this Section 21 shall constitute an Event of Default. In addition, at City’s sole discretion, Tenant may be responsible for liquidated damages in the amount of $50.00 per employee per day for each and every instance of violation of this Section 21. It is mutually understood and agreed that Tenant’s failure to provide its employees with equal benefits will result in damages being sustained by City; that the nature and amount of these damages will be extremely difficult and impractical to fix; that the liquidated damages set forth herein is the nearest and most exact measure of damages for such breach that can be fixed at this time; and that the liquidated damage amount is not intended as a penalty or forfeiture for Tenant’s breach.

22. SANCTUARY CITY CONTRACTING ORDINANCE

22.1. Tenant hereby agrees to comply with the provisions of the Sanctuary City Contracting Ordinance, B.M.C. Chapter 13.105. In accordance with this Chapter, Tenant agrees not to provide the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security with any Data Broker or Extreme Vetting Services as defined herein:
a. “Data Broker” means either of the following:

1. The collection of information, including personal information about consumers, from a wide variety of sources for the purposes of reselling such information to their customers, which include both private-sector business and government agencies;

2. The aggregation of data that was collected for another purpose from that for which it is ultimately used.

17 b. “Extreme Vetting” means data mining, threat modeling, predictive risk analysis, or other similar services. Extreme Vetting does not include:

1. The City’s computer-network health and performance tools;

2. Cybersecurity capabilities, technologies and systems used by the City of Berkeley Department of Information Technology to predict, monitor for, prevent, and protect technology infrastructure and systems owned and operated by the City of Berkeley from potential cybersecurity events and cyber-forensic based investigations and prosecutions of illegal computer- based activity.

23. CONFLICT OF INTEREST PROHIBITED

23.1. In accordance with California Government Code Section 1090, Berkeley City Charter Section 36 and B.M.C. Chapter 3.64, neither Tenant nor any employee, officer, director, partner or member of Tenant, or immediate family member of any of the preceding, shall have served as an elected officer, an employee, or a committee or commission member of Landlord, who has directly or indirectly influenced the making of this Lease.

23.2. In accordance with California Government Code Section 1090 and the Political Reform Act, (Government Code Section 87100 et seq.,) no person who is a director, officer, partner, trustee, employee or consultant of Tenant, or immediate family member of any of the preceding, shall make or participate in a decision made by Landlord or any of its boards, commissions or committees, if it is reasonably foreseeable that the decision will have a material effect on any source of income, investment or interest in real property of that person or Tenant, except to the extent permitted by 2 California Code of Regulations, Section 18700(c)(2).

23.3. Interpretation of this paragraph shall be governed by the definitions and provisions use in the Political Reform Act, Government Code section 87100 et seq., its implementing regulations, manuals and codes, Government Code section 1090, Berkeley City Charter section 36 and B.M.C. Chapter 3.64, as amended from time to time.

24. MISCELLANEOUS.

24.1. General.

24.1.1 Integration. This Lease, together with all exhibits and attachments hereto, the separate lease between Landlord and Lifelong, and the JOA, set forth all the agreements between Landlord and Tenant concerning the Property and the Premises, and there are no agreements either oral or written other than as set forth therein.

24.1.2 Time of Essence. Time is of the essence of this Lease.

24.1.3 Attorneys' Fees. If any action is commenced which arises out of or related to this Lease, the prevailing party shall be entitled to recover from the other party such sums as the court may adjudge to be reasonable attorneys' fees, expert fees, and expenses in the

18 action, in addition to costs and expenses otherwise allowed by Law. In all other situations, including any matter arising out of or relating to any bankruptcy or other voluntary or involuntary proceeding, in or out of court, for the adjustment of debtor-creditor relationships, Tenant agrees to pay all of Landlord's costs and expenses, including attorneys' fees and expert fees, which may be incurred in enforcing or protecting Landlord's rights or interests.

24.1.4 Severability. If any provision of this Lease or the application of any such provision shall be held by a court of competent jurisdiction to be invalid, void or unenforceable to any extent, the remaining provisions of this Lease and the application thereof shall remain in full force and effect and shall not be affected, impaired or invalidated.

24.1.5 Law. This Lease shall be construed and enforced in accordance with the Laws of the State of California, without reference to its choice of law provisions.

24.1.6 Interpretation. The titles to the sections of this Lease are not a part of this Lease and shall have no effect upon the construction or interpretation of any part of this Lease. As used in this Lease, masculine, feminine or neuter gender and the singular or plural number shall each be deemed to include the others where and when the context so dictates. The word "including" shall be construed as if followed by the words "without limitation." This Lease shall be interpreted as though prepared jointly by both parties.

24.1.7 No Option. Submission of this Lease to Tenant for examination or negotiation does not constitute an option to lease, offer to lease or a reservation of, or option for, the Premises; and this Lease shall become effective and binding only upon the execution and delivery hereof by Landlord and Tenant.

24.1.8 Successors and Assigns. This Lease shall be binding upon and inure to the benefit of the successors and assigns of Landlord and, subject to compliance with the terms of Section 15, Tenant.

24.1.9 Third Party Beneficiaries. Nothing herein is intended to create any third party benefit.

24.1.10 No Agency, Partnership or Joint Venture. Nothing contained herein nor any acts of the parties hereto shall be deemed or construed by the parties hereto, nor by any third party, as creating the relationship of principal and agent or of partnership or of joint venture by the parties hereto or any relationship other than the relationship of landlord and tenant.

24.1.11 Merger. The voluntary or other surrender of this Lease by Tenant or a mutual cancellation thereof or a termination by Landlord shall not work a merger and shall, at the option of Landlord, terminate all or any existing subtenancies or may, at the option of Landlord, operate as an assignment to Landlord of any or all of such subtenancies.

24.2. Business License. Tenant certifies that it has obtained or applied for a City of Berkeley business license number as required by Berkeley Municipal Code Chapter 9.04; or Tenant claims that it is exempt from the provisions of B.M.C. Ch. 9.04 and has written below the specific B.M.C. section under which it is exempt.

19 24.3. Fixtures and Signs. Tenant may (i) make any lawful and proper minor alterations to the Premises; (ii) attach fixtures and interior signs in and on the Premises; and attach signage on the exterior of Building ("Tenant Fixtures"). Any signs referring to the name of the Premises shall include the term "Ann Chandler" consistent with the requirements of Section 1.3. Any Tenant Fixtures will remain the property of Tenant and may be removed from the Premises by Tenant at any time during the Term. All alterations and Tenant Fixtures are subject to Landlord's approval, which shall not be unreasonably withheld, conditioned, or delayed, and must comply with existing code requirements. All Tenant Fixtures shall be at Tenant's sole cost and expense.

Installations and removals of Tenant Fixtures shall be made in such manner as to avoid injury or defacement of the Premises, and Tenant shall repair any injury or defacement, including discoloration caused by such installation or removal. All signs on the Premises shall conform to the provisions of Berkeley Municipal Code Chapter 20.04. Tenant shall be responsible for all fees, costs and expenses associated with installation and removal of Tenant Fixtures. In the event any such fees, costs or expenses are incurred by Landlord (whether directly or indirectly), Landlord shall deliver to Tenant an invoice, with reasonable supporting documentation, and Tenant shall reimburse Landlord for those amounts within thirty (30) days after receipt of such invoice.

24.4. Pesticides. All use of pesticides on the Premises shall be in compliance with the City of Berkeley's Pesticide Use Policy as it exists at the time of such use.

24.5. Prior Possession. Prior to the Commencement Date, Tenant has the right to (i) undertake Tenant Improvements, and (ii) store supplies and equipment in the Premises.

24.6. Waiver. No waiver of any default or breach hereunder shall be implied from any omission to take action on account thereof, notwithstanding any custom and practice or course of dealing. No waiver by either party of any provision under this Lease shall be effective unless in writing and signed by such party. No waiver shall affect any default other than the default specified in the waiver and then such waiver shall be operative only for the time and to the extent therein stated. Waivers of any covenant shall not be construed as a waiver of any subsequent breach of the same.

24.7. Limitation of Liability. Whenever Landlord transfers its interest, Landlord shall be automatically released from further performance under this Lease and from all further liabilities and expenses hereunder and the transferee of Landlord's interest shall assume all liabilities and obligations of Landlord hereunder from the date of such transfer.

24.8. Notices. All notices to be given hereunder shall be in writing and mailed postage prepaid by certified or registered mail, return receipt requested, or delivered by personal or courier delivery, or sent by facsimile (immediately followed by one of the preceding methods), to Landlord's address and Tenant's address set forth in Sections 1 and 2 of the Basic Lease Information, or to such other place as Landlord or Tenant may designate in a written notice given to the other party. Notices shall be deemed served upon the earlier of receipt or three (3) days after the date of mailing.

24.9. Brokerage Commission. Landlord and Tenant each represents that they have not been represented by any broker in connection with this Lease, and that no real estate broker's

20 commission, finder's fee or other compensation (individually and collectively, "Commission") is due or payable. Tenant agrees to indemnify and hold harmless Landlord from any claims or liability, including reasonable attorneys' fees, in connection with a claim by any person for a Commission based upon any statement, representation or agreement of Tenant.

24.10. Authorization. Each individual or entity executing this Lease on behalf of Tenant represents and warrants that he or she or it is duly authorized to execute and deliver this Lease on behalf of Tenant and that such execution is binding upon Tenant.

24.11. Holding Over. If, with Landlord's express written consent, Tenant holds over the Premises or any part thereof after expiration or earlier termination of the Term, such holding over shall constitute a month-to-month tenancy on all the other terms and conditions of this Lease, except that any obligations resulting from any JOA shall only hold over to the extent the JOA is still in effect. This section shall not be construed as Landlord's permission for Tenant to hold over. Acceptance of Maintenance Fees by Landlord following expiration or termination shall not constitute a renewal of this Lease or extension of the Initial Term or the Renewal Term, as the case may be, except as specifically set forth above. If Tenant remains in possession of the Premises after expiration or other termination of this Lease without Landlord's express written consent, Tenant's continued possession shall be on the basis of a tenancy at sufferance and Tenant shall pay Maintenance Fees of two thousand dollars ($2,000) per month. If Tenant fails to surrender the Premises upon expiration or other termination of this Lease, Tenant shall indemnify and hold Landlord harmless from and against all loss or liability resulting from or arising out of Tenant's failure to surrender the Premises, including, but not limited to, any amounts required to be paid to any tenant or prospective tenant who was to have occupied the Premises after the expiration or other termination of this Lease and any related attorneys' fees and brokerage commissions.

24.12. Surrender. Upon the expiration or other termination of this Lease or Tenant's right to possession of the Premises, Tenant shall peaceably and quietly leave and surrender to Landlord the Premises, along with appurtenances and fixtures at the Premises (except Tenant Fixtures), all in good condition, ordinary wear and tear, damage by casualty, condemnation, acts of God, and Landlord's failure to make repairs required of Landlord excepted.

24.13. Joint and Several. If Tenant consists of more than one person, the obligation of all such persons shall be joint and several.

24.14. Covenants and Conditions. Each provision to be performed by Tenant or Landlord hereunder shall be deemed to be both a covenant and a condition.

24.15. Intentionally Omitted.

24.16. Accessibility; Disability Laws. To Landlord's actual knowledge, the Premises have not undergone an inspection by a Certified Access Specialist. "A Certified Access Specialist (CASp) can inspect the subject premises and determine whether the subject premises comply with all of the applicable construction-related accessibility standards under state law. Although state law does not require a CASp inspection of the subject

21 premises, the commercial property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the lessee or tenant, if requested by the lessee or tenant. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the premises. " Since compliance with the ADA and other federal and state disability laws (collectively, "Disability Laws") is dependent upon Tenant's specific use of the Premises, Landlord makes no warranty or representation as to whether or not the Premises comply with Disability Laws, except as otherwise expressly provided in this Lease. In the event that Tenant's specific and particular use of the Premises, as distinguished from uses generally associated with those permitted under Section 5, requires modifications or additions to the Premises in order to be in compliance with Disability Laws, Landlord agrees to make any such necessary modifications and/or additions at Tenant's sole cost and expense.

24.17. OFAC Compliance. Tenant represents and warrants to Landlord that Tenant is not a party with whom Landlord is prohibited from doing business pursuant to the regulations of the Office of Foreign Assets Control ("OFAC") of the U.S. Department of the Treasury, including those parties named on OFAC’s Specially Designated Nationals and Blocked Persons List. Tenant is currently in compliance with, and shall at all times during the term of this Lease remain in compliance with, the regulations of OFAC and any other governmental requirement relating thereto. In the event of any violation of this section, Landlord shall be entitled to immediately terminate this Lease and take such other actions as are permitted or required to be taken under law or in equity. TENANT SHALL DEFEND, INDEMNIFY AND HOLD

HARMLESS LANDLORD FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES,

LOSSES, RISKS, LIABILITIES AND EXPENSES (INCLUDING ATTORNEYS' FEES AND

COSTS) INCURRED BY LANDLORD ARISING FROM OR RELATED TO ANY BREACH OF THE FOREGOING CERTIFICATIONS. These indemnity obligations shall survive the expiration or earlier termination of this Lease.
[SIGNATURES FOLLOW ON NEXT PAGE]

22 IN WITNESS WHEREOF, the parties have executed this Lease as of the Effective Date.

TENANT:

BERKELEY COMMUNITY HEALTH

PROJECT DBA BERKELEY FREE CLINIC,
a non-profit corporation
By:

Print Name:

Its:

By:

Print Name:

Its:
--AND--
LANDLORD:

CITY OF BERKELEY, a California Charter City
By:

Print Name: Dee Williams-Ridley
Its: City Manager
ATTEST:

City Clerk
APPROVED AS TO FORM:

City Attorney

Exhibit A
-1
EXHIBIT A-1
Legal Description of Property
APN: 56-1066-1
All those certain lots, pieces or parcels of land situate, lying and being in the City of Berkeley, County of Alameda, State of California, described as follows:

Beginning at the point of intersection of the Southern line of University Avenue with the Eastern line of 6th Street, as said Avenue and Street are shown on the Map hereinafter referred to; running thence Easterly along said line of University Avenue One Hundred and Forty-Seven feet; thence at right angles Southerly One Hundred feet; thence at right angles Westerly One Hundred Forty-Seven feet to the point of intersection thereof with said Eastern line of 6th Street; thence Northerly along said line of 6th Street One Hundred feet to the point of beginning.

Being all of Lots Numbered 1, 2, 3, and the Western Three feet of Lot Numbered 4, in Block Numbered 96, as said Lots and Block are delineated and so designated upon that certain Map entitled, “Map of the Sisterna Tract, Berkeley” – filed May 15, 1880 in Liber 7 of Maps, at page 43, in the office of the County Recorder of Alameda County.

2

Exhibit A
-2
EXHIBIT A-2
Depiction of Premises

Exhibit B

EXHIBIT B
May 20, 2022 Building Inspection Report by E. A. Davidovits & Co., Inc

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
December 12, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Mark Numainville, City Clerk
Subject: Minutes for Approval

RECOMMENDATION
Approve the minutes for the Council meetings of October 23 (special closed), November 6 (special closed), November 7 (regular), November 13 (special closed), November 14 (special and regular), November 21 (special) and November 28 (regular).

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

1. October 23, 2023 – Special Closed Council Meeting

2. November 6, 2023 – Special Closed Council Meeting

3. November 7, 2023 – Regular Council Meeting

4. November 13, 2023 – Special Closed Council Meeting

5. November 14, 2023 – Special Council Meeting

6. November 14, 2023 – Regular Council Meeting

7. November 21, 2023 – Special Council Meeting

8. November 28, 2023 – Regular Council Meeting

Monday, October 23, 2023 MINUTES Page 1

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

S P E C I A L M E E T I N G M I N U T E S
MONDAY, OCTOBER 23, 2023
4:30 P.M.

REDWOOD ROOM – 2180 MILVIA STREET, BERKELEY, CA 94704
TELECONFERENCE LOCATION - 1404 LE ROY AVE, BERKELEY, CA 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.

For in-person attendees, face coverings or masks that cover both the nose and the mouth are encouraged.

If you are feeling sick, please do not attend the meeting in person.

Remote 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: https://cityofberkeley- info.zoomgov.com/j/1614932351. If you do not wish for your name to appear on the screen, then use the drop down menu and click on "rename" to rename yourself to be anonymous. To request to speak, use the “raise hand” icon by rolling over the bottom of the screen. To join by phone: Dial 1-669-254-5252 or 1- 833-568-8864 (Toll Free) and enter Meeting ID: 161 493 2351. If you wish to comment during the public comment portion of the agenda, Press *9 and wait to be recognized by the Chair.

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

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

This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953 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 this matter may be addressed to Mark Numainville, City Clerk, (510) 981-6900. The City Council may take action related to any subject listed on the Agenda.

Attachment 1

Monday, October 23, 2023 MINUTES Page 2
Preliminary Matters
Roll Call: 4:35 p.m.

Present: Taplin, Bartlett, Harrison, Hahn, Wengraf, Robinson, Humbert, Arreguin

Absent: Kesarwani
Councilmember Kesarwani present at 5:31 p.m.

Public Comment - Limited to items on this agenda only – 1 speaker CLOSED SESSION:

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

1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(1):
a. Prado v. City of Berkeley, United States District Court for the Northern District of California Case Number 3:23-CV-04537-EMC
Action: No reportable action taken.
b. Schmier v. City of Berkeley, Alameda County Superior Court Case Number RG19036596 Action: No reportable action taken.

2. CONFERENCE WITH LABOR NEGOTIATORS; GOVERNMENT CODE SECTION 54957.6 Negotiators: Dee Williams-Ridley, City Manager, Anne Cardwell, Deputy City Manager, LaTanya Bellow, Deputy City Manager, Aram Kouyoumdjian, Human Resources Director, Dawud Brewer, Employee Relations Manager, Jonathan Holtzman, Renne Public Law Group

Employee Organizations: Berkeley Fire Fighters Association Local 1227 I.A.F.F., Berkeley Fire Fighters Association, Local 1227 I.A.F.F. / Berkeley Chief Fire Officers Association; Berkeley Police Association; SEIU 1021 Community Services and Part-time Recreation Activity Leaders, SEIU 1021 Maintenance and Clerical, Public Employee Union Local 1, Unrepresented Employees Action: No reportable action taken.

OPEN SESSION:

No reportable action taken.

Monday, July 10, 2023 MINUTES Page 3
Adjournment
Action: M/S/C (Arreguin/Bartlett) to adjourn the meeting.

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

Adjourned at 7:31 p.m.

I hereby certify that the foregoing is a true and correct record of the closed session meeting held on October 23, 2023.
________________________
Mark Numainville, City Clerk

Monday, November 6, 2023 MINUTES Page 1

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

S P E C I A L M E E T I N G M I N U T E S
MONDAY, NOVEMBER 6, 2023
3:00 P.M.

REDWOOD ROOM – 2180 MILVIA STREET, BERKELEY, CA 94704
TELECONFERENCE LOCATION - 1404 LE ROY AVE, BERKELEY, CA 94708 TELECONFERENCE LOCATION - 1619 EDITH STREET, BERKELEY, CA 94703

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.

For in-person attendees, face coverings or masks that cover both the nose and the mouth are encouraged.

If you are feeling sick, please do not attend the meeting in person.

Remote 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: https://cityofberkeley- info.zoomgov.com/j/1610918624. If you do not wish for your name to appear on the screen, then use the drop down menu and click on "rename" to rename yourself to be anonymous. To request to speak, use the “raise hand” icon by rolling over the bottom of the screen. To join by phone: Dial 1-669-254-5252 or 1- 833-568-8864 (Toll Free) and enter Meeting ID: 161 091 8624. If you wish to comment during the public comment portion of the agenda, Press *9 and wait to be recognized by the Chair.

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

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

This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953 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 this matter may be addressed to Mark Numainville, City Clerk, (510) 981-6900. The City Council may take action related to any subject listed on the Agenda.

Attachment 2 Page 5 of 71

Monday, November 6, 2023 MINUTES Page 2
Preliminary Matters
Roll Call: 3:08 p.m.

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

Absent: None
Public Comment - Limited to items on this agenda only – 6 speakers CLOSED SESSION:

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

1. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION PRUSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(2):
a. Workers Compensation Claim Number: BER2200083
Action: M/S/C (Arreguin/Taplin) to authorize the City Manager to settle by Compromise & Release as to the workers’ compensation matter Claim Number: BER2200083.

Vote: All Ayes.

2. CONFERENCE WITH LABOR NEGOTIATORS; GOVERNMENT CODE SECTION 54957.6 Negotiators: Dee Williams-Ridley, City Manager, Anne Cardwell, Deputy City Manager, LaTanya Bellow, Deputy City Manager, Aram Kouyoumdjian, Human Resources Director, Dawud Brewer, Employee Relations Manager, Jonathan Holtzman, Renne Public Law Group

Employee Organizations: Berkeley Fire Fighters Association Local 1227 I.A.F.F., Berkeley Fire Fighters Association, Local 1227 I.A.F.F. / Berkeley Chief Fire Officers Association; Berkeley Police Association; SEIU 1021 Community Services and Part-time Recreation Activity Leaders, SEIU 1021 Maintenance and Clerical, Public Employee Union Local 1, Unrepresented Employees Action: No reportable action taken.

3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION PURSUANT TO GOVERNMENT CODE SECTION 54957(b):
a. Title of position to be evaluated: City Attorney
Action: No action taken.

OPEN SESSION:

City Council met in closed session on November 6, 2023, Pursuant to Government Code Section 54956.9(d)(2) and provided direction to outside counsel and approved a settlement by Compromise & Release, as to the workers’ compensation matter Claim Number: BER2200083.

Monday, July 10, 2023 MINUTES Page 3
Adjournment
Action: M/S/C (Arreguin/Taplin) to adjourn the meeting.

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

Adjourned at 6:01 p.m.

I hereby certify that the foregoing is a true and correct record of the closed session meeting held on November 6, 2023.
________________________
Mark Numainville, City Clerk

Tuesday, November 7, 2023 MINUTES Page 1

MINUTES

BERKELEY CITY COUNCIL MEETING
Tuesday, November 7, 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. For in- person attendees, face coverings or masks that cover both the nose and the mouth are encouraged. If you are feeling sick, please do not attend the meeting in person.

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

Remote 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: https://cityofberkeley- info.zoomgov.com/j/1609523217. If you do not wish for your name to appear on the screen, then use the drop down menu and click on "rename" to rename yourself to be anonymous. To request to speak, use the “raise hand” icon by rolling over the bottom of the screen. To join by phone: Dial 1-669-254-5252 or 1-833-568-8864 (Toll Free) and enter Meeting ID: 160 952 3217. If you wish to comment during the public comment portion of the agenda, Press *9 and wait to be recognized by the Chair.

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

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

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

Attachment 3

Tuesday, November 7, 2023 MINUTES Page 2
Preliminary Matters
Councilmember Humbert participated in the meeting remotely pursuant to the just cause exemption in the Brown Act as amended by AB 2449.

Roll Call: 6:13 p.m.

Present: Kesarwani, Taplin, Bartlett, Harrison, Hahn, Wengraf, Robinson, Humbert

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

Ceremonial Matters:

1. Recognition of the 50 th Anniversary of Ashkenaz
City Manager Comments: None
Public Comment on Non-Agenda Matters: 13 speakers.

Public Comment by Employee Unions: 1 speaker
Report from Closed Session: City Council met in closed session on November 6, 2023, Pursuant to Government Code Section 54956.9(d)(2) and provided direction to outside counsel and approved a settlement by Compromise & Release, as to the workers’ compensation matter Claim Number: BER2200083.

Action: M/S/C (Taplin/Robinson) to accept an urgency item from Councilmember Bartlett pursuant to Government Code Section 54954.2(b)(2) entitled Excused Absence for Mayor Arreguin.

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

Public Comment on Consent Calendar and Information Items Only: 46 speakers.

Consent Calendar
Tuesday, November 7, 2023 MINUTES Page 3
Action: M/S/C (Hahn/Robinson) to adopt the Consent Calendar in one motion except as indicated.

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

Urgent Item: Excused Absence for Mayor Arreguin
From: Councilmember Bartlett (Author)
Recommendation: Excuse Mayor Jesse Arreguin from the November 7, 2023 Council meeting due to illness.

Financial Implications: None
Contact: Ben Bartlett, Councilmember, District 3, (510) 981-7130 Action: Approved recommendation.

1. Minutes for Approval
From: City Manager
Recommendation: Approve the minutes for the Council meetings of September 11 (special closed), September 12 (regular), September 18 (special closed), September 19 (regular), September 26 (special closed and special), October 2 (special closed), October 3 (regular) and October 10 (special closed, special and regular).

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

2. Police Accountability Board – Appointment of New Member From: City Manager
Recommendation: Adopt a Resolution appointing a new member to the Police Accountability Board nominated by Councilmember Kesarwani.

Financial Implications: None
Contact: Mark Numainville, City Clerk, (510) 981-6900
Action: Adopted Resolution No. 71,080–N.S.

3. Grant-Funded Expenditure Contract with O2X Human Performance to Hire a Behavioral Health and Nutritional Health Specialist in Support of NFPA 1582 and 1583
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with O2X Human Performance to provide full-time behavioral and nutritional health services for the Berkeley Fire Department) for a two (2) year contract period that starts November 8, 2023, and ends on November 8, 2025, in an amount not to exceed $840,000 with the option to extend two (2) additional years via FEMA’s amendment process to November 8, 2027.

Financial Implications: FEMA Fund - $840,000
Contact: David Sprague, Fire, (510) 981-3473
Action: Adopted Resolution No. 71,081–N.S.

Consent Calendar
Tuesday, November 7, 2023 MINUTES Page 4

4. Purchase Order: Water Tender from Golden State Fire Apparatus, Inc.

From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a purchase order with Golden State Fire Apparatus, Inc in an amount not to exceed $504,110 for the purchase of 3,000-gallon water tender to support the City’s efforts improve its capacity to respond to wildfire.

Financial Implications: Measure Q - $504,110
Contact: David Sprague, Fire, (510) 981-3473
Action: Adopted Resolution No. 71,082–N.S.

5. Appointment of Interim Health Officer
From: City Manager
Recommendation: Adopt a Resolution ratifying the action taken by the City Manager to appoint Dr. Anju Goel, M.D., as the Interim Health Officer for the City of Berkeley.

Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 71,083–N.S.

6. Reallocation of Unspent FY 2023 Child Care Subsidy Funding From: City Manager
Recommendation: Adopt three resolutions authorizing the City Manager or her designee to reallocate $232,362 in unspent child care subsidy funds awarded through the FY 2020 community agency contract process and amend three existing contracts by increasing their contract limits for the period beginning July 1, 2023 and ending June 30, 2024 by $77,454 per agency, as follows: BAHIA, Inc. (from $82,143 to $159,597); Ephesian Children’s Center (from $45,507 to $122,961); and Nia House (from $39,999 to $117,453).

Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 71,084–N.S. (BAHIA), Resolution No. 71,085–N.S. (Ephesian), and Resolution No. 71,086–N.S. (Nia).

Consent Calendar
Tuesday, November 7, 2023 MINUTES Page 5

7. Northern California Land Trust – 2321 Tenth Street Housing Trust Fund Reservation
From: City Manager
Recommendation: Adopt a Resolution: 1. Reserving an additional $1,703,585 in Housing Trust Fund program funds for a development loan for Northern California Land Trust (NCLT)’s 2321-2323 Tenth Street and: a) waiving Sections I.A.1 and IV.C.1 of the Housing Trust Fund Guidelines; b) applying the Small Sites Program standards to the project’s development and operating budgets; and c) requiring partial repayment of the loan through the energy efficiency rebates NCLT pursues. 2.

Authorizing the City Manager or her designee to execute all original or amended documents or agreements to effectuate these actions.

Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 71,087–N.S.

8. Resolution of Intention to Amend the Miscellaneous CalPERS Contract Pursuant to California Government Code Section 20516 to Reduce the Additional Cost Share Contribution Made by Unrepresented Employees on Behalf of the City
From: City Manager
Recommendation: Adopt the Resolution of Intention to eliminate the additional cost share contribution made by Unrepresented Employees, who are classified as Public Employees Pension Reform Act (PEPRA) members of the California Public Employees’ Retirement System (CalPERS), on behalf of the City to CalPERS pursuant to California Government Code Section 20516.

Financial Implications: See report
Contact: Aram Kouyoumdjian, Human Resources, (510) 981-6800 Action: Adopted Resolution No. 71,088–N.S.

9. Appointment of Tanir Ami to the Board of Library Trustees From: City Manager
Recommendation: Adopt a Resolution appointing Tanir Ami to the Board of Library Trustees (“BOLT”) for a term of four years beginning November 8, 2023.

Financial Implications: None
Contact: Tess Mayer, Library, (510) 981-6100
Action: Adopted Resolution No. 71,089–N.S.

10. Audit Recommendation Status - Data Analysis of the City of Berkeley’s Police Response (Reviewed by the Public Safety Committee)
From: City Manager
Recommendation: See policy committee recommendation.

Policy Committee Recommendation: Send the item to Council with a positive recommendation.

Financial Implications: None
Contact: Jennifer Louis, Police, (510) 981-5900
Action: Accepted the item as recommended by the Public Safety Committee.

Council Consent Items
Tuesday, November 7, 2023 MINUTES Page 6

11. United Against Hate Week 2023
From: Mayor Arreguin (Author), Councilmember Hahn (Co-Sponsor), Councilmember Wengraf (Co-Sponsor)
Recommendation:

1. Adopt a Resolution declaring November 12th – 18th, 2023 as United Against Hate Week.

2. Adopt a Resolution approving the D-13 expenditure in an amount not to exceed $500 per Councilmember, to support the cost associated with the Berkeley event at the UC Theatre. The total cost is $3,000.

Financial Implications: See report
Contact: Jesse Arreguin, Mayor, (510) 981-7100
Action: Councilmember Humbert added as a co-sponsor.

Adopted Resolution No. 71,090–N.S. (United Against Hate Week) with an amendment in the fifth Whereas clause as noted below.

WHEREAS, the number of hate crimes across the United States continues to increase with hate crimes against African Americans, Asian Americans, Jews, and Muslims especially increasing; and
Adopted Resolution No. 71,091–N.S. (Relinquishment of Funds) revised to include contributions from the following Councilmembers up to the amounts listed – Councilmember Hahn $300; Councilmember Harrison $250; Councilmember Humbert $300; Councilmember Robinson $150; Councilmember Kesarwani $100; Councilmember Wengraf $500; Councilmember Taplin $500; Vice-Mayor Bartlett $250.

12. Berkeley Holiday Fund: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds
From: Mayor Arreguin (Author), Councilmember Hahn (Co-Sponsor), Councilmember Wengraf (Co-Sponsor)
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $500 per Councilmember including $500 from Mayor Arreguin to the Berkeley Holiday Fund’s annual campaign with funds relinquished to the City’s general fund for this purpose from the discretionary Council Office Budgets of Mayor Arreguin and any other Councilmembers who would like to contribute.

Financial Implications: Mayor's Discretionary Fund - $500 Contact: Jesse Arreguin, Mayor, (510) 981-7100
Action: Adopted Resolution No. 71,092–N.S. revised to include contributions from the following Councilmembers up to the amounts listed – Councilmember Hahn $300; Councilmember Harrison $250; Councilmember Humbert $300; Councilmember Robinson $150; Councilmember Kesarwani $100; Councilmember Wengraf $500; Councilmember Taplin $500; Vice-Mayor Bartlett $250;

Council Consent Items
Tuesday, November 7, 2023 MINUTES Page 7

13. Budget Referral: Supplemental Funding for Housing Retention Program From: Mayor Arreguin (Author), Councilmember Hahn (Co-Sponsor), Councilmember Robinson (Co-Sponsor), Councilmember Wengraf (Co- Sponsor)
Recommendation: Refer $1,000,000 from Measure P tax receipts to the Fiscal Year 2024 AAO1 Budget Process to augment the Housing Retention Program, (administered by the Eviction Defense Center, EDC) as part of the City’s anti- displacement programs (launched in 2017), for the purpose of providing rental assistance to tenants.

Financial Implications: Measure P Fund - $1,000,000
Contact: Jesse Arreguin, Mayor, (510) 981-7100
Action: Approved recommendation.

14. Transgender Awareness Month and Day of Remembrance Resolution From: Councilmember Taplin (Author), Councilmember Kesarwani (Co- Sponsor), Councilmember Hahn (Co-Sponsor)
Recommendation: Adopt a resolution declaring November as Transgender Awareness Month and November 20 as Transgender Day of Remembrance in the City of Berkeley.

Financial Implications: Staff time
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120 Action: Adopted Resolution No. 71,093–N.S. with the third Whereas clause amended to read as note below.

WHEREAS, since 2013, the Human Rights Campaign has tracked incidents of fatal transgender violence, the same year that the Federal Bureau of Investigation began reporting on hate crimes motivated by anti-transgender bias, and in 2023 so far, at least 25 transgender and gender non-conforming lives have been tragically and inhumanely taken through violent means, including through gun and interpersonal violence; and

15. Budget Referral: Refer $6,000 to the November 2023 AAO #1 for Two Pilot Special Mentoring and Violence Prevention Events for Berkeley Youth From: Councilmember Harrison (Author), Councilmember Taplin (Co-Sponsor) Recommendation: Refer $6,000 to the November AAO #1 to fund two pilot special mentoring and violence prevention events for Berkeley youth as organized by the Berkeley Jr. Jackets and the Young Lives Matter Foundation.

Financial Implications: See report
Contact: Kate Harrison, Councilmember, District 4, (510) 981-7140 Action: Vice-Mayor Bartlett added as a co-sponsor. Approved recommendation.

Council Consent Items
Tuesday, November 7, 2023 MINUTES Page 8

16. Budget Referral: Refer $800,000 to the November 2023 AAO #1 for Matching Funds to Repair Eight Deficient Tide Tubes to Avoid Catastrophic Structural Failure and Escalating Construction Costs
From: Councilmember Harrison (Author)
Recommendation: Refer $800,000 to the November 2023 AAO #1 to repair eight deficient tide tubes to avoid catastrophic structural and transportation failure, escalating construction costs, certain climate and sea level rise impacts, and further environmental catastrophe by providing the Parks, Recreation & Waterfront Department matching funds for a Federal Highway Administration (FHWA) PROTECT or other available grants.

Financial Implications: See report
Contact: Kate Harrison, Councilmember, District 4, (510) 981-7140 Action: Councilmembers Taplin and Wengraf added as co-sponsors. Approved recommendation as revised in Supplemental Communications Packet #1 by Councilmember Harrison.

17. Resolution Supporting Efforts to Exonerate the Port Chicago 50 From: Councilmember Hahn (Author), Mayor Arreguin (Co-Sponsor), Councilmember Bartlett (Co-Sponsor), Councilmember Taplin (Co-Sponsor) Recommendation: Adopt a new resolution supporting local, State, and federal efforts to exonerate the Port Chicago 50; 50 Black sailors who were wrongfully convicted of mutiny during WWII in the wake of a massive, devastating explosion at the Port Chicago naval base near Concord, CA.

Financial Implications: See report
Contact: Sophie Hahn, Councilmember, District 5, (510) 981-7150 Action: Adopted Resolution No. 71,094–N.S.

Action Calendar – New Business

18. Initiative Petition – Initiative Ordinance Prohibiting Concentrated Animal Feeding Operations in the City of Berkeley
From: City Manager
Recommendation:

1. Take action on the initiative petition to:
a) Adopt the provisions of the measure without alteration. -OR-
b) Adopt a Resolution submitting the measure, without alteration, to a vote of the people at the November 5, 2024 General Municipal Election. 2) Designate, by motion, specific members of the Council to file ballot measure arguments on this measure as provided for in Elections Code Section 9282.

Financial Implications: None
Contact: Mark Numainville, City Clerk, (510) 981-6900
Action: Moved to Consent Calendar. Adopted Resolution No. 71,095–N.S. submitting the measure, without alteration, to a vote of the people at the November 5, 2024 General Municipal Election.

Action Calendar – New Business
Tuesday, November 7, 2023 MINUTES Page 9

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

Financial Implications: See report
Contact: Jennifer Louis, Police, (510) 981-5900, Liam Garland, Public Works, (510) 981-6300
Action: 1 speaker. M/S/C (Humbert/Taplin) to adopt Resolution No. 71,096–N.S. accepting the Surveillance Technology Report for Automatic License Plate Readers, GPS Trackers, Body Worn Cameras, Unmanned Aerial Vehicles (UAV’s), the Street Level Imagery Project, and External Fixed Surveillance Video Cameras.

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

Action Calendar – New Business
Tuesday, November 7, 2023 MINUTES Page 10

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

Policy Committee Recommendation: to send the item to the City Council with a qualified positive recommendation, and that the Council consider the following:

1. Planning Department’s request to continue funding the position of Green Building Program Manager.

2. Specific recommendations in the item around integrating low carbon mobility into the Street Maintenance budget.

3. For the one-time funded pilot programs and positions, assess their effectiveness and consider on-going funding.

4. Direction to staff to look at grant opportunities, in particular the Federal Inflation Reduction Act, to create charging infrastructure particularly at the Zero Waste Facility as the transfer station is being rebuilt.

Financial Implications: See report
Contact: Billi Romain, Commission Secretary, (510) 981-7400 Action: Moved to Consent Calendar. Approved the item as recommended by the Budget & Finance Committee.
21a. Referral of Two Health Educator Positions to the COB FY 2024 Budget Process (Reviewed by the Budget & Finance Committee)
From: Peace and Justice Commission
Recommendation: Refer to the budget process a request for estimated $150,000 annually, beginning in FY 2024 or as early as the AAO #2 process in spring 2023, for staffing, materials, and supplies to be able to more broadly and flexibly conduct health education, prevention, and outreach to reduce health disparities, as proposed by the Peace and Justice Commission.

Policy Committee Recommendation: To send the commission item and companion report to the City Council with a negative recommendation, express thanks to the Peace and Justice Commission for their work, and recognize that there is a need for community- and school-based public health outreach, and that the City should consider the recommendation after the completion of the community health assessment.

Financial Implications: See report
Contact: Okeya Vance-Dozier, Commission Secretary, (510) 981-7100 Action: See action for Item 21b.

Action Calendar – New Business
Tuesday, November 7, 2023 MINUTES Page 11
21b. Companion Report: Referral of two health educator positions to the COB FY 2024 budget process (Reviewed by the Budget & Finance Committee From: City Manager
Recommendation: Refer to the Peace and Justice Commission’s request for $150,000 annually for staffing, materials, and supplies for health education and outreach to the Budget and Finance Policy Committee for further deliberation.

Policy Committee Recommendation: To send the commission item and companion report to the City Council with a negative recommendation, express thanks to the Peace and Justice Commission for their work, and recognize that there is a need for community- and school-based public health outreach, and that the City should consider the recommendation after the completion of the community health assessment.

Financial Implications: None
Contact: Peter Radu, City Manager's Office, (510) 981-7000 Action: Moved Item 21.b. to the Consent Calendar. Approved the recommendation of the Budget & Finance Committee.

Information Reports

22. Audit Recommendation Status - Berkeley Police: Improvements Needed to Manage Overtime and Security Work for Outside Entities
From: City Manager
Contact: Jennifer Louis, Police, (510) 981-5900
Action: Received and filed.

Public Comment – Items Not Listed on the Agenda - 2 speakers.

Adjournment
Action: M/S/C (Bartlett/Taplin) to adjourn the meeting.

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

Adjourned at 8:50 p.m.

I hereby certify that the foregoing is a true and correct record of the regular meeting held on November 7, 2023.
________________________
Mark Numainville, City Clerk

Tuesday, November 7, 2023 MINUTES Page 12
Communications
North Berkeley BART Development

1. 28 similarly-worded form letter

2. Jason Knox

3. Cheryl Brewster

4. Lea Barrow

5. Alison Teal

6. Leif Brown

7. Leah Levy

8. Harald Leventhal

9. Anne Boersma

10.Tawny Reynolds

11.Rachel Bradley

12.Michael Roche

13.Toni Casal

14.Joan Hamilton

15.Charlene Woodcock

16.Carol Hirth

17.Kitt Saginor

18.Elizabeth Willson

19.D.E. Neyhart

20.David Socholitzky

21.David Rice

22.Rebecca Olmsted

23.Scott Selmanoff

24.Gary Parsons

25.North Berkeley Neighborhood Alliance

26.Meave O’Connor

27.Kathleen Tuttle

28.Miranda Ewell

29.Sara Cohn

30.Lynda Caesara

31.Kori Kody

32.Leslie Valas

33.Yuval

34.Karl Goldstein

35.Meryl Siegal

36.Gerald Morrison

37.Melanie Lawrence & John Smail

38.Laura Raboff

39.Jennifer King

40.Constance Rivemale

41.Aimee Baldwin

42.Julieta Pisani McCarthy

43.Eileen Hughes

Tuesday, November 7, 2023 MINUTES Page 13

44.Gary Dahl

45.Lois Cantor

46.Tamara Birdsall

47.David Meyer

48.David Benaroya Helfant

49.Gerry Tierney

50.T. Anne Richards

51.Cece Littlepage

52.Jay Harlow

53.Phil Allen

54.Joel Myerson

55.Theresa Gensler

56.Mary Rose

57.Leigh Lightfoot

58.Victoria Eisen (2)

59.Mark Schirmer

60.Raymond Barglow

61.David Brandon

62.Jill Bond

63.Walter Wood

64.Karen Dabrusin

65.Susie Wallenstein

66.Jason Warriner

67.The-Anh Cao

68.Doris Nassiry

69.Mary Behm-Steinberg

70.Virginia Browming

71.Walter Wood

72.Sarah Bell

73.Jeff Baker

74.Phil Allen
Crime

75.Durgesh Srivastava

76.Vivek Dua

77.Aravind & Shalini Kulkarni

78.Benjamin Stein

79.Paula Torbush
Encampments

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

81.Joshua Jacobs, Homeless Services Coordinator

82.Ann Murray, on behalf of Revival Restaurant

83.Barbara Rydlander

84.Aimee Baldwin

85.Sabyl Landrum, on behalf of East Bay Community Law Center

Tuesday, November 7, 2023 MINUTES Page 14

86.Acacia Schmidt

87.Chris Schalis

88.Meryl Siegal

89.Mary Behm Steinberg

90.Vianney, on behalf of Extra Space Storage
Horses at Golden Gate Fields

91.TC Conrad (2)

92.Franziska Marks

93.Janine Baer

94.Pam Singer

95.Samantha Eachus

96.Jill Winter

97.Christopher Kroll (2)

98.Linda Berland
Miyawaki Forest

99.Rose Schweig
URL’s Only
100. Vivian Warkentin (6)
Golden Bear
101. Lamar Esquire McKinze
Chess Club
102. Sally Sommer
103. Amy
104. Jonah Gottlieb
105. Diana Bohn
106. Chess Club, Berkeley
Repave Hopkins
107. Kay Englund
108. Carol Hirth
109. Lisa Chow
110. Chris Hamilton
111. Doug Giancoli
112. Laura Fuji
113. Michael Frantz
114. Edward Opton
115. Marguerite Lee
BUSD Concerns
116. Mati Teiblum (3)
117. Claudia Eyzaguirre

Tuesday, November 7, 2023 MINUTES Page 15
118. Enikia Ford Morthel (2)
Smoke Free Multi-Unit Housing
119. Carol Denney
SEIU 1021
120. Andrea Mullarkey
121. Dee Williams-Ridley, City Manager
UC Berkeley Campus
122. Shreya Korlipara
123. Guillermo Aguilar Gonzalez
Bio Labs
124. Sandra Smith
Waterfront Specific Plan
125. Beverley Spencer
126. Gordon Stout
127. Grant Thompson
128. Caitlin Lempres Brostrom
Tenant Opportunity to Purchase Act (TOPA)
129. 13 similarly-worded form letters
Housing
130. Cecelia Mautner
131. Todd Andrew
EBMUD Repair
132. Jason Dearborn
133. Councilmember Harrison
Global Concerns
134. Janice Schroeder
Extreme Fire Weather
135. Todd Andrew (2)
136. Chief David Sprague
Heat Advisory
137. Dee Williams-Ridley, City Manager
Berkeley Community Media
138. David Flores

Tuesday, November 7, 2023 MINUTES Page 16
Pedestrians and Bicyclists
139. Leni Siegel
140. Shirley Kirsten
141. Margot Smith & George Porter
Observation of Shattuck Avenue
142. Virginia Kamp
Longfellow Construction
143. Noelle Burrill
Noise Standards
144. Anne Whyte (2)
145. Rachel Hope Crossman
Local Union 342
146. Jessica Hattich, on behalf of Business Representative, Tim Knight Accessory Dwelling Units (ADU)
147. David Shere
148. Kathleen Frumkin
149. Cynthia Larson
Neighbor Complaints
150. Harrod Blank
151. Ileen Dunman
Dogs on Leash Signage
152. Mallory Johnson
Berkeley Theatre’s
153. Kathleen Bolton
154. Charlene M. Woodcock
51B Bus Rapid Transit
155. Liam Laubach
Resignation from the Civic Arts Commission
156. Rafael Jesus Gonzalez
Public Transit
157. Barbara Gilbert (2)
Parking
158. Joe Matera
159. Zhong Tran

Tuesday, November 7, 2023 MINUTES Page 17
Tibetan Association of Northern California Luncheon
160. Tenzin Tsering
Prime Roots Event
161. Sonia Rodrigues
Agents of Influence Pilot
162. Anahita Dalmia
Senior Resource Fair
163. Joann Sullivan
Play Café’s Showcase of New Musicals
164. Jamie Greenblatt
Strawberry Creek
165. Kathy Farley
People’s Park
166. Russell Bates
Fire Safety
167. Maris Arnold
Business Plan for Mingling Premier Entertainment, Inc
168. Eye Candy
Supplemental Communications and Reports 1
Item #16: Budget Referral: Refer $800,000 to the November 2023 AAO #1 for Matching Funds to Repair Eight Deficient Tide Tubes to Avoid Catastrophic Structural Failure and Escalating Construction Costs
169. Revised material, submitted by Councilmember Harrison 170. Douglas Smith
171. Susan Schwartz
Supplemental Communications and Reports 2
Item #10: Audit Recommendation Status – Data Analysis of the City of Berkeley’s Police Response
172. David Shere
Item #11: United Against Hate Week 2023
173. Eric Friedman (2)
174. Barbara Gilbert

Tuesday, November 7, 2023 MINUTES Page 18
Item #16: Budget Referral: Refer $800,000 to the November 2023 AAO #1 for Matching Funds to Repair Eight Deficient Tide Tubes to Avoid Catastrophic Structural Failure and Escalating Construction Costs
175. Sally Nelson
176. Melinda Howard-Herrarte, on behalf of the Sierra Club 177. Claire Kahane
178. Leonard Pitt
179. Summer Brenner
180. David Brandon
Item #18: Initiative Petition – Initiative Ordinance Prohibiting Concentrated Animal Feeding Operations in the City of Berkeley
181. Barbara Gilbert
182. C. Heath
Supplemental Communications and Reports 3
Item #7: Northern California Land Trust – 2321 Tenth Street Housing Trust Fund Reservation
183. Dominique Walker
Item #16: Budget Referral: Refer $800,000 to the November 2023 AAO #1 for Matching Funds to Repair Eight Deficient Tide Tubes to Avoid Catastrophic Structural Failure and Escalating Construction Costs
184. Juliet Lamont and Phil Price
185. Emily Seelenfreund, on behalf of BORP Adaptive Sports and Recreation Item #18: Initiative Petition – Initiative Ordinance Prohibiting Concentrated Animal Feeding Operations in the City of Berkeley
186. David Blackwell, on behalf of Allen Matkins Leck Gamble Mailory & Natisis LLP 187. Yvonne Dardenne
Urgent Item
188. Excused Absence for Mayor Arreguin
Miscellaneous
Action for an Accessible “Pathways”
189. Michai Freeman
Ceasefire in Gaza
190. M Eid Abdallah
To Professor Reich
191. M Eid Abdallah
Channing-Telegraph Mall Lease
192. M. Eid Abdallah

Tuesday, November 7, 2023 MINUTES Page 19
Mental Health Resource Guide – Berkeley Youth
193. Berkeley Mental Health Advocates

Monday, November 13, 2023 MINUTES Page 1

M I N U T E S

BERKELEY CITY COUNCIL SPECIAL MEETING
MONDAY, NOVEMBER 13, 2023
4:30 P.M.

REDWOOD ROOM – 2180 MILVIA STREET, BERKELEY, CA 94704
TELECONFERENCE LOCATION - 1404 LE ROY AVE, BERKELEY, CA 94708 TELECONFERENCE LOCATION - 1619 EDITH STREET, BERKELEY, CA 94703

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.

Remote 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: https://cityofberkeley- info.zoomgov.com/j/1605213034. 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:
160 521 3034. 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.

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

This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953 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) 981-6900. The City Council may take action related to any subject listed on the Agenda.

Pursuant 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.

Attachment 4

Monday, November 13, 2023 MINUTES Page 2
Preliminary Matters
Roll Call: 4:36 p.m.

Present: Hahn, Humbert, Robinson, Taplin, Wengraf, Arreguin

Absent: Bartlett, Harrison, Kesarwani
Councilmember Bartlett present at 5:34 p.m.

Councilmember Kesarwani present at 5:43 p.m.

Public Comment - Limited to items on this agenda only – None.

CLOSED SESSION:

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

1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8
Property address: 3100 Adeline Street, Berkeley, California (Ashby BART: APN 053-1597-039-04; APN 053-1703-009-00)
Agency Negotiators: Hon. Jesse Arreguin, Mayor; Dee Williams-Ridley, City Manager; LaTanya Bellow, Deputy City Manager; Jordan Klein, Director of Planning & Development
Negotiating parties: City of Berkeley; Bay Area Rapid Transit District Property owner: City of Berkeley
Under negotiation: Price and terms
Action: No reportable action taken.

OPEN SESSION:

No reportable action taken.

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

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

Adjourned at 6:23 p.m.

I hereby certify that the forgoing is a true and correct record of the special closed meeting of November 13, 2023 as approved by the Berkeley City Council. __________________________________
Rose Thomsen, Deputy City Clerk

Tuesday, November 14, 2023 MINUTES Page 1

M I N U T E S

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

B E R K E L E Y C I T Y C O U N C I L
In accordance with the authority in me vested, I do hereby call the Berkeley City Council in special session as follows:

Tuesday, November 14, 2023
4:00 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702 TELECONFERENCE LOCATION - 1404 LE ROY AVE, BERKELEY, CA 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.

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

Remote 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: https://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.

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

This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953 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) 981-6900.

The City Council may take action related to any subject listed on the Agenda.

Pursuant 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.

Attachment 5

Tuesday, November 14, 2023 MINUTES Page 2
Preliminary Matters
Roll Call: 4:05 p.m.

Present: Taplin, Hahn, Wengraf, Robinson, Humbert, Arreguin

Absent: Kesarwani, Bartlett, Harrison
Councilmember Bartlett present at 4:06 p.m.

Councilmember Harrison present at 4:08 p.m.

Councilmember Kesarwani present at 4:12 p.m.

Action Calendar

1. Alameda County Transportation Commission San Pablo Avenue Multimodal Corridor Program: Safety Enhancement and Parallel Bike Improvements Projects
From: City Manager
Recommendation: Adopt a Resolution:

1. Approve the conceptual designs for the San Pablo Avenue Multimodal Corridor Program: Safety Enhancements and Parallel Bike Improvements Projects; as well as the Addison Street Bike Boulevard Connector, within the City of Berkeley (City);

2. Authorize the City Manager to direct City staff to partner with the Alameda County Transportation Commission (Alameda CTC) on final design and implementation of these projects; and

3. Authorize the City Manager to direct staff to grant permits for construction activities within City right-of-way, contingent on City staff approval of final construction drawings and specifications from Alameda CTC.

Financial Implications: See report
Contact: Liam Garland, Public Works, (510) 981-6300
Action: M/S/C (Arreguin/Taplin) to accept revised material from Councilmember Taplin.

Vote: All Ayes.

Action: 17 speakers. M/S/C (Arreguin/Taplin) to adopt Resolution No. 71,097–N.S. as amended in the revised material submitted by Councilmember Taplin at the meeting.

Vote: All Ayes.

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

Vote: All Ayes.

Adjourned at 6:02 p.m.

Tuesday, November 14, 2023 MINUTES Page 3
I hereby certify that the foregoing is a true and correct record of the special meeting held on November 14, 2023.
________________________
Mark Numainville, City Clerk
Communications
 None
Supplemental Communications and Reports 1
Item #1: Alameda County Transportation Commission San Pablo Avenue Multimodal Corridor Program: Safety Enhancement and Parallel Bike Improvements

1. Revised material, submitted by Public Works
Supplemental Communications and Reports 2
Item #1: Alameda County Transportation Commission San Pablo Avenue Multimodal Corridor Program: Safety Enhancement and Parallel Bike Improvements

2. Supplemental material, submitted by Councilmember Taplin

3. Carol Denney

4. Kot Hordynski

5. Jesse Greenspan

6. Pablo Diza-Gutierrez

7. Brit Harvey

8. Alex Steffen

9. Aimee Baldwin and Meryl Siegal

10.Douglas Smith

11.Kevin Blake

12.Lee Bishop

13.Laila Hamidi

14.Phil Allen

15.Christopher Hamilton

16.Ali Sadeghi, owner of Lavender Bakery and Cafe

17.35 similarly-worded form letters
Supplemental Communications and Reports 3
Item #1: Alameda County Transportation Commission San Pablo Avenue Multimodal Corridor Program: Safety Enhancement and Parallel Bike Improvements

18.Supplemental material, submitted by Councilmember Taplin

19.Henry Pinkard

20.Toni Mester

21.Ted Joseph

22.Kevin Crane

23.Pablo Diaz Gutierrez

24.Igor Tregub, on behalf of the Sierra Club

25.Ben Gerhardstein, on behalf of Walk Bike Berkeley

26.Sheila Newbery

27.Timothy Ross

Tuesday, November 14, 2023 MINUTES Page 4

28.Marc Hedlund

29.Ian Meyers

30.Will Freyman

31.Andy Renteria

32.Alex Merenkov

33.45 similarly-worded form letters

Tuesday, November 14, 2023 MINUTES Page 1

MINUTES

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.

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

Remote 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: https://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.

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

This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953 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) 981-6900. The City Council may take action related to any subject listed on the Agenda.

Pursuant 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.

Attachment 6

Tuesday, November 14, 2023 MINUTES Page 2
Preliminary Matters
Roll Call: 6:34 p.m.

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

Absent: None
Land Acknowledgement Statement: The City of Berkeley recognizes that the community we live in was built on the territory of xučyun (Huchiun (Hooch-yoon)), the ancestral and unceded land of the Chochenyo (Cho-chen-yo)-speaking Ohlone (Oh-low-nee) people, the ancestors and descendants of the sovereign Verona Band of Alameda County. This land was and continues to be of great importance to all of the Ohlone Tribes and descendants of the Verona Band. As we begin our meeting tonight, we acknowledge and honor the original inhabitants of Berkeley, the documented 5,000-year history of a vibrant community at the West Berkeley Shellmound, and the Ohlone people who continue to reside in the East Bay. We recognize that Berkeley’s residents have and continue to benefit from the use and occupation of this unceded stolen land since the City of Berkeley’s incorporation in 1878. As stewards of the laws regulating the City of Berkeley, it is not only vital that we recognize the history of this land, but also recognize that the Ohlone people are present members of Berkeley and other East Bay communities today. The City of Berkeley will continue to build relationships with the Lisjan Tribe and to create meaningful actions that uphold the intention of this land acknowledgement.

Ceremonial Matters:

1. Recognition of Lung Cancer Awareness Month

2. Recognition of Dr. Susan Muscarella, Founder of the Jazz School

3. Presentation: AC Transit Realign Process
City Manager Comments:

The City Manager discussed the City’s commitment to respond to SEIU’s concerns and maintaining a good partnership with the City’s represented employees.

The City will host meetings on the Reimagining Public Safety program and violence prevention measures in the City.

Public Comment on Non-Agenda Matters: 20 speakers.

Consent Calendar
Action: M/S/C (Arreguin/Hahn) to continue the public hearings and all pending agenda items to a special meeting on November 21, 2023.

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

Consent Calendar
Tuesday, November 14, 2023 MINUTES Page 3

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 Action: Continued to November 21, 2023 special meeting.

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 Action: Continued to November 21, 2023 special meeting.

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
Action: Continued to November 21, 2023 special meeting.

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 Action: Continued to November 21, 2023 special meeting.

Consent Calendar
Tuesday, November 14, 2023 MINUTES Page 4

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
Action: Continued to November 21, 2023 special meeting.

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
Action: Continued to November 21, 2023 special meeting.

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
Action: Continued to November 21, 2023 special meeting.

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

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 Action: Councilmember Wengraf added as a co-sponsor. Continued to November 21, 2023 special meeting.

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: Councilmember Humbert added as a co-sponsor. Continued to November 21, 2023 special meeting.

Action Calendar – Public Hearings

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 Action: Public Hearing continued to November 21, 2023 special meeting.

Action Calendar – Public Hearings
Tuesday, November 14, 2023 MINUTES Page 6

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: Public Hearing continued to November 21, 2023 special meeting.

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 Action: Public Hearing continued to November 21, 2023 special meeting.

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

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 Action: Public Hearing continued to November 21, 2023 special meeting, including Supplemental material in Supplemental Communications Packet #2 from Councilmember Hahn.

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 Action: Continued to November 21, 2023 special meeting.

15. LPO NOD: 60 Panoramic Way, #LMIN2023-0001
From: City Manager
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: Continued to November 21, 2023 special meeting.

16. LPO NOD: 803 Delaware Street, LMSAP2023-0002
From: City Manager
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: Continued to November 21, 2023 special meeting.

Tuesday, November 14, 2023 MINUTES Page 8

17. LPO NOD: 1960 San Antonio Avenue/645 Arlington Avenue, #LMSAP2022-0005 From: City Manager
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: Continued to November 21, 2023 special meeting.

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

19. Planning Commission Fiscal Year 2023-24 Work Plan
From: Planning Commission
Contact: Alisa Shen, Commission Secretary, (510) 981-7400 Action: Continued to November 21, 2023 special meeting.

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

Vote: All Ayes.

Adjourned at 8:48 p.m.

I hereby certify that the foregoing is a true and correct record of the regular meeting held on November 14, 2023.
________________________
Mark Numainville, City Clerk
Communications
Hopkins Street

1. Mariya

2. S. Entwistle
Ashby BART Housing

3. Jack Kurzweil

4. Sharon Rose

5. Vincent Casalaina

6. Tobey Wiebe

7. Sonya Dublin

8. Jane Scantlebury

9. Paola Laverde

Tuesday, November 14, 2023 MINUTES Page 9
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
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

Tuesday, November 14, 2023 MINUTES Page 10

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 1
Item #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

32.Jan Pardoe

33.Amanda Le
Supplemental Communications and Reports 2
Item #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

34.Supplemental material, submitted by Councilmember Hahn

35.Sabina McMurtry

36.Janice Schroeder

37.Jennifer Ware

38.Ingrid Crickmore

39.Carlos Hill and Family

40.Louise Palmer

41.Joe Michael

42.Madeleine Shearer

43.Jwalsh525

44.Reva Murphy

45.Marilyn Poundstone

46.Andrew Nimmo

47.Emily Earl

48.Alfred Twu

49.eaa@

50.Aaryaman Singhal

51.Andre Soucy

52.Tyler Kennedy

53.Mike Dunham

54.Jonathan Singh

55.MacKenzie Smith

56.Sara Hager

57.Oren Cheyette

Tuesday, November 14, 2023 MINUTES Page 11

58.Andre Pegeron

59.Gabriel Lesser

60.Max Davis

61.Adam Buchholz

62.Kate Pocrass

63.David Ying

64.Ben Pearce

65.Oskar

66.Tommaso Sciortino

67.Glenn Alex

68.Andrea Jones

69.David Miller

70.Samuela Evans

71.Salim Damerdji

72.Carl McPherson

73.Molly Miller

74.Matt Blomquist

75.Marc Hedlund

76.Jeannette MacMillan

77.Joaquin Carbonell

78.Barbara Fisher

79.Devin Rand

80.S. Entwistle

81.Jordan Burns

82.Melanie Lawrence and John Smail

83.Milo Trauss

84.Hanah Goldov

85.Jeffrey Baker

86.Lee Bishop

87.Emily McAfee

88.Chris Lee-Egan

89.Sally Greenspan

90.15 similarly-worded form letters (Postpone)

91.15 similarly-worded form letters (Strong support)
Supplemental Communications and Reports 3
Item #8: Budget Referral: Berkeley Junior Jackets Facilities Expenses

92.Esther Brass
Item #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

93.Aviv Schifrin

94.Grayson Peters

95.Laura Fantone

Tuesday, November 14, 2023 MINUTES Page 12

96.Linsy Damashek

97.Alok

98.Chris Batson

99.Paul Bickmore
100. David Mendelsohn
101. Sabin Ray
102. Ross Bernet
103. Tess Fruge
104. Timothy Ross
105. Gael Alcock
106. Jason
107. Avery Arbaugh
108. S. Entwistle
109. Stephen Woodrow
110. Jordan
111. David Shiver, on behalf of Southside Neighborhood Consortium 112. Tim Cluvahouse
113. Florance Zhang
Miscellaneous Communications
Council Meeting Disruptions
114. Todd Andrew
115. Barbara Gilbert
116. Stephen Woodrow
Ceasefire
117. Mr. Eid
Bus Service Proposals
118. Realign

Tuesday, November 21, 2023 MINUTES Page 1

M I N U T E S

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

B E R K E L E Y C I T Y C O U N C I L
Tuesday, November 21, 2023
9:00 AM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702 TELECONFERENCE LOCATION – 37238 HUCKABY LANE, MURRIETA, CA 92562

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.

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

Remote 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: https://cityofberkeley- info.zoomgov.com/j/1618247322. 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: 161 824 7322. 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.

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

This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953 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) 981-6900. The City Council may take action related to any subject listed on the Agenda.

Pursuant 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.

Attachment 7

Tuesday, November 21, 2023 MINUTES Page 2
Preliminary Matters
Roll Call: 9:03 a.m.

Present: Bartlett, Harrison, Hahn, Robinson, Humbert, Arreguin

Absent: Kesarwani, Taplin, Wengraf
Councilmember Taplin present at 9:13 p.m.

Councilmember Kesarwani present at 9:13 p.m.

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

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

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

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 Action: Adopted Resolution No. 71,098–N.S.

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 Action: Adopted Resolution No. 71,099–N.S.

Consent Calendar
Tuesday, November 21, 2023 MINUTES Page 3

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
Action: Approved recommendation.

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 Action: Adopted Resolution No. 71,100–N.S.

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: LaTanya Bellow, Public Works, (510) 981-6300
Action: Adopted Resolution No. 71,101–N.S.

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: LaTanya Bellow, Public Works, (510) 981-6300
Action: Adopted Resolution No. 71,102–N.S.

Consent Calendar
Tuesday, November 21, 2023 MINUTES Page 4

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: LaTanya Bellow, Public Works, (510) 981-6300
Action: Adopted Resolution No. 71,103–N.S.

Council Consent Items

8. Budget Referral: Berkeley Junior Jackets Facilities Expenses From: Councilmember Taplin (Author), Councilmember Hahn (Co-Sponsor), Councilmember Harrison (Co-Sponsor), Councilmember Wengraf (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 Action: Approved recommendation.

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), Councilmember Humbert (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: Adopted Resolution No. 71,104–N.S.

The Mayor requested that the members of the public in attendance adhere to the City Council Rules of Procedure regarding decorum and cease their disruption of the meeting by shouting and yelling.

Recess 9:08 a.m. – 9:13 a.m.

Action Calendar – Public Hearings
Tuesday, November 21, 2023 MINUTES Page 5

10. Renewal of the Elmwood Avenue BID for Calendar Year 2024 (Continued from November 14, 2023)
From: City Manager
Recommendation: Conduct a public hearing and, upon conclusion, adopt a Resolution confirming the Annual Report and Budget for the Elmwood Business Improvement District (hereafter, “the District”, “the Elmwood BID” or “the BID”) 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 Public Testimony: The Mayor opened the public hearing. 0 speakers.

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

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

Action: M/S/C (Arreguin/Hahn) to adopt Resolution No. 71,105–N.S.

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

11. Renewal of the Solano Avenue BID for Calendar Year 2024 (Continued from November 14, 2023)
From: City Manager
Recommendation: Conduct a public hearing and, upon conclusion, adopt a Resolution confirming the Annual Report and Budget for the Solano Avenue Business Improvement District (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 Public Testimony: The Mayor opened the public hearing. 0 speakers.

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

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

Action: M/S/C (Arreguin/Hahn) to adopt Resolution No. 71,106–N.S.

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

The Mayor issued a warning to the members of the public in attendance that they were disrupting the meeting and making the orderly conduct of business unfeasible by shouting, chanting, and yelling. The disruption continued. The Council continued the meeting without members of the public present, allowing for members of the media to observe, as provided for in Government Code Section 54957.9 (Brown Act).

Action Calendar – Public Hearings
Tuesday, November 21, 2023 MINUTES Page 6

12. Amendments to the Berkeley Election Reform Act to ensure consistency within the Act for cost of living adjustments and committee reporting requirement thresholds (Continued from November 14, 2023) 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 Public Testimony: The Mayor opened the public hearing. 2 speakers.

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

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

Action: M/S/C (Arreguin/Taplin) to adopt first reading of Ordinance No. 7,889–N.S.

Second reading scheduled for December 12, 2023.

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

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 (Continued from November 14, 2023) (Item contains supplemental material)
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

Action Calendar – Public Hearings
Tuesday, November 21, 2023 MINUTES Page 7
Action: M/S/C (Arreguin/Hahn) to accept supplemental materials from Councilmember Hahn for Item 13.

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

Public Testimony: The Mayor opened the public hearing. 18 speakers.

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

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

Action: M/S/Failed (Hahn/Harrison) to: 1) adopt the staff recommendation with the prevailing wage provisions from Councilmember Robinson’s motion, but only applicable to the Southside; 2) refer the light and ventilation requirements only for the Southside to the Planning Commission and staff with a requested return date of February 2024; 3) refer the frontage strips in certain Southside zones to the Planning Commission and staff with a requested return date of February 2024; 4) remove pet washing stations from the paragraph regarding shared residential amenities; 5) include the effective date of March 1, 2024 or the prevailing wage effective date; and 6) include paragraph 4 from the revised motion from Councilmember Robinson (except for 4.b.).

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

Action: To include the severed portion of the main motion (paragraph 3 related to prevailing wage) in the main motion.

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

Action: To include the severed portion of the main motion (paragraph 4.b. related to affordable housing requirements) in the main motion.

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

Action: M/S/Carried (Robinson/Humbert) to:

1. Adopt a first reading of Ordinance No. 7,890–N.S. as modified at the meeting (including removing pet washing stations from the paragraph regarding shared residential amenities) to amend 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. The effective date shall be March 1, 2024 or the effective date of a prevailing wage policy adopted pursuant to this council action, whichever comes first. Second reading scheduled for December 12, 2023.