Agenda packet — Berkeley City Council, July 8, 2025 (part 1 of 2)

Tuesday, July 8, 2025 REVISED AGENDA Page 1

REVISED AGENDA
(ADDED CONTINUED ITEM FROM JUNE 26, 2025 AND ADDED

TELECONFERENCE LOCATION)

BERKELEY CITY COUNCIL MEETING
Tuesday, July 8, 2025
6:00 PM

SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702 TELECONFERENCE LOCATION - MESRUTIYET CAD. NO:52 TEPEBASI 34430

ISTANBUL, TURKEY

ADENA ISHII, MAYOR
Councilmembers:

This meeting will be conducted in a hybrid model with both in -person attendance and virtual participation. Live captioned broadcasts of Council meetings are available on B -TV (Channel 33) and via internet video stream at http://berkeley.granicus.com/MediaPlayer.php?publish_id=1244. All Council meetings are recorded.

To access the meeting remotely use this URL: https://cityofberkeley-info.zoomgov.com/j/1600604713. To request to speak, use the “raise hand” function in Zoom. To join by phone: Dial 1-669-254-5252 or 1-833-568-8864 (Toll Free) and enter Meeting ID: 160 060 4713 . To provide public comment, Press *9 and wait to be recognized by the Chair. To submit a written communication for the public record, email [email protected].

This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953 . Any member of the public may attend this meeting, however, if you are feeling sick, please do not attend the meeting in person.

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 d isrupting 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 meeti ng 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.

Government Code Section 84308 (Levine Act) - Parties to a proceeding involving a license, permit, or other entitlement for use are required to disclose if they made contributions over $5 00 within the prior 12 months to any City employee or officer. Parties and participants with a financial interest are prohibited from making more than $500 in contributions to a decisionmaker for the 12 months after the final decision is rendered on the proceeding.

The above contribution disclosures and restrictions do not apply when the proceeding is competitively bi d, or involves a personnel or labor contract. For more information, see Government Code Section 84308.

Rev - 1

Tuesday, July 8, 2025 REVISED 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 o f 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 s tewards 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: Up to ten persons will be selected to address matters not on the Council agenda. If five or fewer persons are identified to provide non-agenda comment, each person selected will be allotted two minutes each. If more than five persons are selected to address matters not on the Council agenda, each person selected will be allotted one minute each.

In-person attendees 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 the moment that the Presiding Officer calls for public comment on non- agenda items. Remote attendees must raise their hand in the videoconference application when the Presiding Officer calls for non-agenda speakers. The first five raised hands on the videoconference application will be selected to speak and the first five cards drawn at the meeting will be selected to speak. The number of in-person and remote speakers selected may be adjusted by the Presiding Officer if fewer than five speakers from either format are identified.

The remainder of the speakers wishing to address the Council on non-agenda items will be heard at the end of the agenda.

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

Rev - 2

Tuesday, July 8, 2025 REVISED AGENDA Page 3
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.

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. If ten or fewer persons are interested in speaking on an individual agenda item, each speaker 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. 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 – Continued Business

A. Zoning Ordinance and General Plan Amendments Relating to Middle Housing (Continued from June 26, 2025)
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,978-N.S. amending Berkeley Municipal Code Title 23 (Zoning Ordinance) and the Zoning Map, for the purposes of encouraging development of “middle housing” in areas currently zoned R-1, R-1A, R-2, R-2A and MU-R (“low-density residential districts”), with an effective date of November 1, 2025.

First Reading Vote: All Ayes.

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

Rev - 3

Tuesday, July 8, 2025 REVISED AGENDA Page 4
Consent Calendar

1. Amendments to Ordinance Prohibiting the Sale or Use of Coordinated Pricing Algorithms (BMC 13.63) to Suspend Effective Date Until March 2026 From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,974–N.S to amend the Ordinance Prohibiting the Sale or Use of Coordinated Pricing Algorithms (BMC

13.63) to suspend the effective date until March 1, 2026.

First Reading Vote: All Ayes.

Financial Implications: See report
Contact: Farimah Brown, City Attorney, (510) 981-6998

2. FY 2026 Tax Rate: Fund Fire Protection and Emergency Response and Preparedness (Measure GG)
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,975–N.S. setting the FY 2026 tax rate for funding Fire Protection and Emergency Response and Preparedness in the City of Berkeley at the rate of $0.06695 (6.695 cents) per square foot of improvements for dwelling units and setting the rate for all other property at $0.10132 (10.132 cents) per square foot of improvements.

First Reading Vote: All Ayes.

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300

3. FY 2026 Tax Rate: Fund Firefighting, Emergency Medical Response and Wildfire Prevention (Measure FF)
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,976–N.S. setting the FY 2026 tax rate for funding Firefighting, Emergency Medical Response and Wildfire Prevention (Measure FF) in the City of Berkeley at the annual tax rate of $0.1299 (12.99 cents) per square foot of improvements.

First Reading Vote: All Ayes.

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300

4. FY 2026 Annual Appropriations Ordinance
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,977–N.S. adopting the FY 2026 Annual Appropriations Ordinance (AAO) in the amount of $829,213,359 (gross appropriations) and $687,764,462 (net appropriations).

First Reading Vote: All Ayes.

Financial Implications: See report
Contact: Paul Buddenhagen, City Manager, (510) 981-7000

Rev - 4
Consent Calendar
Tuesday, July 8, 2025 REVISED AGENDA Page 5

5. At-Will Designation: Assistant City Attorney
From: City Attorney
Recommendation: Adopt (1) first reading of an Ordinance amending Berkeley Municipal Code Section 4.04.120(A) to designate the unrepresented classification of Assistant City Attorney as at-will and adopt a Resolution amending the Unrepresented Employee Manual and all other pertinent documents to effectuate the change.

Financial Implications: None
Contact: Farimah Brown, City Attorney, (510) 981-6950

6. Contracts for Financial Consulting Services
From: City Manager
Recommendation: Adopt three Resolutions authorizing the City Manager to approve contracts and any amendments with the following firms that provide temporary governmental financial consulting services as required by the Finance Department.

1. Contract No. 32200214 Amendment: RLH & Associates. in an amount not to exceed $300,000; and

2. Contract No. 32500185 Amendment: Ezer Consulting, LLC in an amount not to exceed $150,000; and

3. Contract: GD Financials in an amount not to exceed $150,000 Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300

7. Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on July 8, 2025
From: City Manager
Recommendation: Approve the request for proposals or invitation for bids 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: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300

8. Grant Application: California Fire Safe Council (CFSC) Grant to Continue Funding an Alameda County Coordinator
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or his designee to apply for and accept a grant, and any amendments for not more than $225,000 per year in Fiscal Year (FY) 25, FY26 and FY27, from the California Fire Safe Council (CFSC) Grant to contract a county coordinator to serve Alameda County communities, provide resources and education on wildfire safety, promote collaboration, assist local groups with funding opportunities, and aid multi- jurisdictional planning.

Financial Implications: See report
Contact: David Sprague, Fire, (510) 981-3473
Rev - 5
Consent Calendar
Tuesday, July 8, 2025 REVISED AGENDA Page 6

9. Amend SEIU-CSU MOU Exhibits A-D with Updated Hourly Pay Rates From: City Manager
Recommendation: Adopt a Resolution amending the Service Employees International Union (SEIU) Local 1021, Service Employees International Union Local 1021 Community Services & Part-Time Recreation Leaders Association (“Union”) Memorandum of Understanding (“MOU”) Exhibits A, B, C, and D (Salary Ranges) with updated hourly pay rates.

Financial Implications: See report
Contact: Janelle Rodrigues, Human Resources, (510) 981-6800

10. Amend SEIU-MC Section 32 Probationary Period for Public Safety Dispatcher I and Public Safety Dispatcher II
From: City Manager
Recommendation: Adopt a Resolution amending the Service Employees International Union (SEIU) Local 1021, Maintenance and Clerical (“Union”) Memorandum of Understanding (“MOU”) Section 32 Probationary Period for Public Safety Dispatcher I (“PSD I”) and Public Safety Dispatcher II (“PSD II”).

Financial Implications: See report
Contact: Janelle Rodrigues, Human Resources, (510) 981-6800

11. Construction Contract: Team Ghilotti for the South Cove West Lot Repaving Project
From: City Manager
Recommendation: Adopt a Resolution: 1. Approving the plans and specifications for the rescoped South Cove West Lot Repaving Project (Bid Specification No. 25- 11687-C); and 2. Accepting the bid of TEAM GHILOTTI as the lowest responsive and responsible bidder on the Project; 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 TEAM GHILOTTI, for the South Cove West Lot Repaving Project, in an amount not to exceed $1,884,641, which includes a contract amount consisting of base bid of $1,667,141, additive alternative A2 in the amount of $50,500, and a 10% contingency in the amount of $167,000.

Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

12. Lease Amendment with Yoonaco, Inc. (Hana Japan) at 235 University Avenue From: City Manager
Recommendation: Adopt first reading of an Ordinance amending the City’s improved property lease with Yoonaco, Inc. (Hana Japan) for property at 235 University Ave to extend the initial lease term through June 30, 2026, replace the five-year extension option with a one-year extension option, maintain the rent at the current rate of $7,868 per month for the lease term, and remove the daily operating requirement for the first floor of the property.

Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

Rev - 6
Consent Calendar
Tuesday, July 8, 2025 REVISED AGENDA Page 7

13. Contracts for Plan Checking Services
From: City Manager
Recommendation: Adopt three Resolutions authorizing the City Manager to execute contracts and any amendments for plan checking services for three-year terms with the following firms:

1. Coastland | DCCM for an amount not to exceed $1,000,000

2. Telesis Engineers for an amount not to exceed $1,500,000

3. West Coast Code Consultants for an amount not to exceed $2,000,000 Financial Implications: See report
Contact: Jordan Klein, Planning and Development, (510) 981-7400

14. Contract No. 32810081 Amendment: FirstCarbon Solutions, Inc. for California Environmental Quality Act Compliance for the Solid Waste & Recycling Transfer Station Replacement Project
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend the existing contract with FirstCarbon Solutions, Inc. for the Solid Waste & Recycling Transfer Station Replacement Project compliance with the California Environmental Quality Act. The Contract will be increased from $650,000 to $725,000.

Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300

15. Contracts: Don’s Tire Service Inc. and Morgan Tire of Sacramento Inc.

From: City Manager
Recommendation: Adopt two Resolutions authorizing the City Manager to:

1. Execute a contract with any amendments with Don’s Tire Service Inc. to provide tire services for a three-year period from August 1, 2025, to August 1, 2028, in an amount not to exceed $400,000, with an option to extend for two additional one-year terms, with service rates to be adjusted annually in accordance with the Consumer Price Index.

2. Execute a contract with any amendments with Morgan Tire of Sacramento Inc. to provide tire services for a three-year period from August 1, 2025, to August 1, 2028, in an amount not to exceed $400,000, with an option to extend for two additional one-year terms, with service rates to be adjusted annually in accordance with the Consumer Price Index.

Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300

Rev - 7
Consent Calendar
Tuesday, July 8, 2025 REVISED AGENDA Page 8

16. Contract: Kept Companies Inc. dba Fleetwash Inc. for Vehicle Washing Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Kept Companies Inc., dba Fleetwash Inc., to provide vehicle washing services for a three-year period from July 1, 2025 to July 1, 2028 in an amount not to exceed $300,000, with an option to extend for two additional one-year terms with service rates to be adjusted annually in accordance with the Consumer Price Index.

Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300

17. Contract: Kerex Engineering, Inc. for FY 2025 Drainage Improvements (Specification No. 23-11561-C & 25-11677-C)
From: City Manager
Recommendation: Adopt a Resolution:

1. Approving plans and specifications for the FY 2025 Drainage Improvements Project;

2. Accepting the bid of Kerex Engineering, Inc. as the lowest responsive and responsible bidder; and

3. Authorizing the City Manager to execute a contract and any amendments, extensions, or other change orders until project completion, in accordance with the approved plans and specifications in an amount not to exceed $4,397,236.

Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300

18. Contract: Technology, Engineering, and Construction, Inc. for Tank Maintenance, Repairs, and Certification Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a three-year contract and any amendments with Technology, Engineering, and Construction, Inc. doing business as TEC Accutite, to provide underground and aboveground tank maintenance and certification at various City facilities and locations for a total not to exceed of $200,000 for a three-year term with an option of two one-year extensions, for a maximum term of five years.

Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300

Rev - 8
Consent Calendar
Tuesday, July 8, 2025 REVISED AGENDA Page 9

19. Contract: United Storm Water, Inc. for On-Call Storm Water Maintenance From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a three-year contract and any amendments with United Storm Water Inc. to provide on-call stormwater maintenance at various City facilities and locations for a total not to exceed of $200,000, with an option of two one-year extensions, for a maximum term of five years.

Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300

20. Intent to Vacate A Portion of Carleton Street From Westerly Terminus Extending 381.23 Feet Easterly
From: City Manager
Recommendation: Adopt a Resolution declaring intent to vacate a 381.23-linear- foot (27,449 square foot) portion of the public right-of-way on Carleton Street, located at the westerly terminus of Carleton Street, and conveying the City's interests in the vacated right of way to Bayer Healthcare LLC ("Bayer") for the purposes of relieving the City of associated maintenance costs and improving Bayer’s site circulation and security.

Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300

21. Purchase Order: SCL, Safety-Kleen Systems Inc. and Lube Buster Inc. for Vehicle Lubricant Materials
From: City Manager
Recommendation: Adopt three Resolutions authorizing the City Manager to:

1. Execute a purchase order with SCL to provide vehicle lubricant materials for a three-year period from August 1, 2025 to August 1, 2028, in an amount not to exceed $140,000 with an option to extend for two additional one-year terms, with an annual service rates to be adjustment in accordance with the Consumer Price Index.

2. Execute a purchase order with Safety-Kleen Systems Inc. to provide vehicle lubricant materials for a three-year period from August 1, 2025 to August 1, 2028, in an amount not to exceed $140,000 with an option to extend for two additional one- year terms, with an annual service rates adjustment in accordance with the Consumer Price Index.

3. Execute a purchase order with Lube Buster Inc. to provide vehicle lubricant materials for a three-year period from August 1, 2025 to August 1, 2028 in an amount not to exceed $140,000, with an option to extend for two additional one-year terms, with an annual rates adjustment in accordance with the Consumer Price Index.

Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300

Rev - 9
Consent Calendar
Tuesday, July 8, 2025 REVISED AGENDA Page 10

22. Reinstating Street Sweeping on the 2900 Block of Regent Street From: City Manager
Recommendation: Adopt a Resolution to reinstate mechanical street sweeping on the 2900 block of Regent Street, between Russell Street and Webster Street, in response to a community member petition per recommendation by the City’s Transportation and Infrastructure Commission.

Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300

23. Appointment of Patricia Fontana-Narell to the Mental Health Commission From: Mental Health Commission
Recommendation: Adopt a Resolution approving the recommendation for appointment of Patricia Fontana-Narell to the Mental Health Commission. Patricia Fontana-Narell will be a representative of the Special Public Interest Category, family member, beginning her 3-year term on July 9, 2025 and end on July 8, 2028.

Financial Implications: None
Contact: Jamie Works-Wright, Commission Secretary, (510) 981-5400

Council Consent Items

24. Letter in Support of Continued Funding for Berkeley From: Councilmember Taplin (Author), Councilmember Blackaby (Co- Sponsor), Councilmember Tregub (Co-Sponsor), Mayor Ishii (Co-Sponsor) Recommendation: Adopt a letter in support of expanding funding for the Berkeley Rides for Seniors & The Disabled (BRSD) to continue open enrollment for Berkeley residents and distribute to Supervisor Nikki Fortunato Bas.

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

25. Port Chicago Alliance: Relinquishment of Council Office Budget Funds from General Funds and Grant of Such Funds
From: Councilmember Taplin (Author)
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $500 per Councilmember, including $500 from Councilmember Taplin, to support the Port Chiacgo Alliance in celebration and execution of Port Chicago Remembrance Weekend.

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

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Tuesday, July 8, 2025 REVISED AGENDA Page 11
Action Calendar
The public may comment on each item listed on the agenda for action. For items moved to the Action Calendar from the Consent Calendar or Information Calendar, persons who spoke on the item during the Consent Calendar public comment period may speak again during the Action Calendar public comment period on the item
The Presiding Officer will request that persons wishing to speak line up at the podium, or use the "raise hand" function in Zoom, to determine the number of persons interested in speaking at that time.

If ten or fewer persons are interested in speaking on an individual agenda item, each speaker 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 blo ck 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.

The Presiding Officer may open and close an additional comment period for Action items on this agenda (excluding any public hearings, appeals, and/or quasi-judicial matters), at the start of the Action Calendar.

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 – Public Hearings
Staff shall introduce the public hearing item and present their comments. For certain hearings, this is followed by five-minute presentations each by first the appellant and then the applicant. The Presiding Officer will request that persons wishing to speak line up at the podium, or use the "raise hand" function in Zoom, to be recognized and to determine the number of persons interested in speaking at that time.

If ten or fewer persons are interested in speaking during a public hearing, each speaker 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.

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

Rev - 11
Action Calendar – Public Hearings
Tuesday, July 8, 2025 REVISED AGENDA Page 12

26. Zoning Ordinance Amendments to Title 23 of the Berkeley Municipal Code for Consistency with State Law and Technical Edits (SLTE 2025) From: City Manager
Recommendation: Conduct a public hearing and upon conclusion, adopt the first reading of an Ordinance amending the following sections of the Berkeley Municipal Code (BMC) to maintain consistency and accuracy:

3.24.110 Landmarks, historic districts and structures of merit- Designation – Criteria for consideration

23.106.030 Floor Area, Gross

23.202.030 Additional Permit Requirements (Residential)

23.204.030 Additional Permit Requirements (Commercial Districts)

23.206.030 Additional Permit Requirements (Manufacturing Districts)

23.302.020 General Use Regulations

23.304.070 Unenclosed Accessory Structures in Residential Districts

23.326.030 Demolition of Residential Units

23.326.050 Demolition of Accessory Buildings

23.326.070 Demolition of Non-Residential Buildings
Financial Implications: None
Contact: Jordan Klein, Planning and Development, (510) 981-7400

27. ***Removed from the Agenda by the City Manager*** Approval and Levy of 2018 Clean Stormwater Fee in FY 2026
From: City Manager
Contact: Terrance Davis, Public Works, (510) 981-6300

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 var iance 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 Sunda y 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 Rev - 12

Tuesday, July 8, 2025 REVISED AGENDA Page 13
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, and through the City's online records portal:
https://records.cityofberkeley.info/.

Agendas, agenda reports, and revised/supplemental material may be accessed via the online agenda for this meeting at:
https://berkeleyca.gov/your-government/city-council/city-council-agendas and may be accessed at reference desks at the following locations:

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

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

COMMUNICATION ACCESS INFORMATION:

This meeting is being held in a wheelchair accessible location.

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

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

Captioning services are provided at the meeting, on B -TV, and on the Internet. In addition, assisted listening devices for the hearing impaired are available from the City Clerk prior to the meeting, and are to be returned before the end of the meeting.

Questions regarding public participation may be addressed to the City Clerk Department (510) 981 -6900 or by email at [email protected].

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ 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 July 3, 2025.

Mark Numainville, City Clerk

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Tuesday, July 8, 2025 REVISED AGENDA Page 14
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.

Daylighting

1. Mark Brucker

SB 692

2. Molly Miller

Escalation Request

3. Ahmed Elghiyati (2)

Further Building

4. Kit Vanbuskirk

Measure FF

5. Commission on Aging

Platform Screen Doors

6. June Ruyle

EMBER

7. Kelly Kenny

8. Berkeley FireSafe Council

9. Barbara Freeman (2)

New Parking Meters

10. Judith L. Bloom

AC Transit Feedback

11. Omowale Fowles

Wyman’s Jewelz

12. Ivory Lewis

39th Annual Berkeley Juneteenth Festival

13. Delores Nochi Cooper

Formal Complaint

14. Jamie Passanisi

Rev - 14

Tuesday, July 8, 2025 REVISED AGENDA Page 15
Kala Art Institute

15. Ellen Lake

Ohlone Park

16. Nicolas Alexander

17. Sahil Shah

18. Erik Dreher

19. Kristin Leimkuhler

20. Bonnie Borucki

21. Ellen Lewis

22. Isaac Nicholson

23. Rebecca Wolf-Prusan

24. James Loza

25. Dan Cutter

Encampents

26. Molly Miller

27. Stephen Most

28. Eric Friedman

29. Elana Auerbach

Homelessness Concerns

30. David Freeling
Streets, Bikes, Bollards, Etc.

31. Diana

32. Shirley Kirsten (3)

33. Nicole Adams

34. Ciara Corrales

Safety Concerns

35. Sheila Goldmacher

36. James McFadden

37. Paola Laverde

Model House

38. Gael Alcock (2)

Cannabis Tax

39. Jim Wilk (2)

Children’s Hospital Oakland

40. Aladrian Hillmon

Fuel Break

41. Bob Flasher

Rev - 15

Tuesday, July 8, 2025 REVISED AGENDA Page 16
Ashby BART Housing

42. Gregory Kalkanis

Spam Concern

43. Amina & Chris

Traffic Laws

44. Molly Reno

Protest Concern

45. Raymond Barglow (2)

Public Facilities

46. Lori Roth

47. Leon Berkowitz

Venture Capital

48. David Lerman

Youth Advisory Collective

49. Layla Jurow

RV Regulations

50. Eric Friedman

Homeless Policy Concern

51. David Lerman

E-Scooter

52. Robert Borghese (9)

URL’s

53. Barbara Freeman
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 dead line.

• 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.

Rev - 16
Ordinance No. 7,978-N.S. Page 1 of 37
ORDINANCE NO. 7,978-N.S.

MIDDLE HOUSING ZONING AMENDMENTS; AMENDING TITLE 23 OF THE BERKELEY MUNICIPAL CODE BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. That Table 23.108-1 Zoning Districts within BMC Chapter 23.108.020 is amended to read as follows:

TABLE 23.108-1: ZONING DISTRICTS

DISTRICT

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

Page 1 of 37 ends

A
Rev - 17
Ordinance No. 7,978-N.S. Page 2 of 37

DISTRICT

SYMBOL NAME OF DISTRICT
C-E Elmwood Commercial
C-NS North Shattuck Commercial
C-SA South Area Commercial
C-T Telegraph Avenue Commercial
C-SO Solano Avenue Commercial
C-DMU Downtown Mixed-Use
C-W West Berkeley Commercial
C-AC Adeline Corridor Commercial
Manufacturing Districts
M Manufacturing
MM Mixed Manufacturing
MU-LI Mixed Use-Light Industrial
MU-R Mixed Use-Residential
Special Districts
S Specific Plan
U Unclassified
Section 2. That Table 23.202-1 Allowed Land Uses in Residential Districts within BMC Section 23.202.020 is amended to read as follows:

Page 2 of 37 ends

Rev - 18
Ordinance No. 7,978-N.S. Page 3 of 37
TABLE 23.202-1: ALLOWED LAND USES IN RESIDENTIAL DISTRICTS

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 ES-R R-2 R-2A R-3 R-4 R-5 R-S R-SMU
R-
BMU*
*

USE-SPECIFIC

REGULATIONS

APPLIES TO USES WITH AN

ASTERISK FOLLOWING THE

PERMIT REQUIREMENT
(E.G., ZC*)
Residential Uses
Accessory Dwelling Unit
See

23.306—
Accessory
Dwelling
Units
NP See 23.306—Accessory Dwelling Units
Single-Family Residential
ZC*
UP(PH)
Hillside
Overlay
UP(PH) ZC*
UP(PH)
Hillside
Overlay
ZC*
UP(PH)
Hillside
Overlay
UP(P
H) *

UP(PH) UP(PH) UP(PH)
*
UP(PH) * NP 23.202.040(C) and
(D)

23.302.070(H)
Multi-Family Residential
ZC*
NP Hillside
Overlay
NP ZC*
NP
Hillside
Overlay
ZC*
UP(PH)
Hillside
Overlay
UP(P
H) *

UP(PH) UP(PH) UP(PH)
*
UP(PH) * UP(PH) 23.202.040(D)

23.302.070(H)
Group Living Accommodation NP NP NP NP UP(P
H)
UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) 23.302.070(H)
Senior Congregate Housing NP NP NP See 23.302.070.H– Use-Specific Regulations Mixed-Use Residential NP NP UP(PH) UP(PH) UP(P
H)
UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) 23.302.070(H)
Public and Quasi-
Public Uses
Child Care Center UP(PH) NP UP(PH) UP(PH) UP(P
H)
UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) 23.302.070(H)
Club/Lodge UP(PH) NP UP(PH) UP(PH) UP(P
H)
UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) 23.302.070(H)
Columbaria AUP* NP AUP* AUP* AUP* AUP* AUP* AUP* AUP* NP 23.302.070.C– Use- Specific Regulations
Community Care Facility See 23.202.040.A– Use-Specific Regulations

Page 3 of 37 ends

Rev - 19
Ordinance No. 7,978-N.S. Page 4 of 37

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

USE-SPECIFIC

REGULATIONS

APPLIES TO USES WITH AN

ASTERISK FOLLOWING THE

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

UP(PH) UP(PH) UP(PH) UP(PH) UP(PH)
Emergency Shelter, 15 beds
or fewer
NP NP NP NP NP ZC ZC ZC ZC ZC 23.308-Emergency
Shelters
Emergency Shelter, more
than 15 beds
NP NP NP NP NP UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) 23.308-Emergency Shelters
Hospital C NP NP NP UP(P

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

H) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH)
Low Barrier Navigation
Center ZC NP ZC ZC ZC ZC ZC ZC ZC ZC
Nursing Home NP NP – UP(PH) UP(P

H) UP(PH) UP(PH) UP(PH) UP(PH) NP
Park/Playground ZC UP ZC ZC ZC ZC ZC ZC ZC ZC
Public Safety and
Emergency Service UP(PH) UP(PH) UP(PH) UP(PH) UP(P

H) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH)
Public Utility Substation/Tank UP(PH) UP(PH) UP(PH) UP(PH) UP(P

H) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH)
Religious Assembly UP(PH) NP UP(PH) UP(PH) UP(P

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

H) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH)
Supportive Housing ZC* NP ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC* 23.302.070.I- Supportive Housing
Commercial Uses
Alcoholic Beverage Service NP NP NP NP NP NP NP NP ZC UP(PH)

23.310—Alcoholic
Beverage Sales and
Service
Food Products Store NP NP NP NP NP NP NP NP UP(PH)* UP(PH)

23.202.140.B.3– R-
SMU Residential
Southside Mixed Use
District

Page 4 of 37 ends

Rev - 20
Ordinance No. 7,978-N.S. Page 5 of 37

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

USE-SPECIFIC

REGULATIONS

APPLIES TO USES WITH AN

ASTERISK FOLLOWING THE

PERMIT REQUIREMENT
(E.G., ZC*)
Food Service Establishment,
Under 3,000 sq. ft. NP NP NP NP NP NP NP NP ZC* ZC*

23.302.070.(E) –
Use=Specific
Regulations
Food Service Establishment,
3,000 sq. ft. or larger NP NP NP NP NP NP NP NP AUP* AUP*

23.302.070.(E) –
Use=Specific
Regulations
Group Instruction NP NP NP NP NP NP NP NP NP UP(PH)

23.202.150(C) – R-
BMU Residential
BART Mixed Use
District
Health and Fitness Facility NP NP NP NP NP NP NP NP NP UP(PH)

23.202.150 (C) – R-
BMU Residential
BART Mixed Use
District
Hotel, Tourist NP NP NP NP NP UP(PH) UP(PH) UP(PH) UP(PH) NP Laundromat and Cleaner NP NP NP NP NP NP NP NP UP(PH) UP(PH) Office NP NP NP NP NP UP(PH) UP(PH) NP UP(PH) UP(PH)

23.202.150.C – R-
BMU Residential
BART Mixed Use
District
Parking Lot/Structure UP(PH)* UP(PH)* UP(PH)* UP(PH)
*
UP(P
H)* UP(PH)* UP(PH)
*
UP(PH)
* UP(PH)* UP(PH)

23.302.070.G–
Unenclosed
Accessory Structures
in Residential Districts

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

23.202.140.B.2– R-
SMU Residential
Southside Mixed Use
District
Retail, General NP NP NP NP NP UP(PH)* UP(PH)
*
UP(PH)
* UP(PH)* UP(PH) 23.202.040.B– Use-
Specific Regulations
Veterinary Clinic NP NP NP NP NP NP NP NP UP(PH) UP(PH) Video Tape/Disk Rental NP NP NP NP NP NP NP NP UP(PH) NP

Page 5 of 37 ends

Rev - 21
Ordinance No. 7,978-N.S. Page 6 of 37

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

USE-SPECIFIC

REGULATIONS

APPLIES TO USES WITH AN

ASTERISK FOLLOWING THE

PERMIT REQUIREMENT
(E.G., ZC*)
Incidental Uses
Live Entertainment
Unamplified

NP NP NP NP NP NP NP NP ZC NP
Live Entertainment Amplified NP NP NP NP NP NP NP NP AUP NP Industrial and Heavy
Commercial Uses
Commercial Excavation UP(PH) UP(PH) UP(PH) UP(PH) UP(P
H)

UP(PH) UP(PH) UP(PH) UP(PH) UP(PH)
Other Uses
Accessory Uses See 23.302.020.A– General Use Regulations Art/Craft Studio NP NP NP NP NP NP NP NP NP ZC
ATM: Exterior and Attached
to
Bank or Interior or Exterior
and Not With Bank

NP NP NP NP NP NP NP NP NP AUP
Home Occupations See 23.302.040– Home Occupations
Live/Work NP NP NP NP NP NP NP NP NP UP(PH)* 23.312—Live/Work Public Market, Open Air NP NP NP NP NP NP NP NP NP AUP
Public Market, Enclosed NP NP NP NP NP NP NP NP NP AUP
Short-Term Rental ZC* NP ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC* 23.314—Short-Term Rentals
Temporary Uses See 23.302.030– Temporary Uses and Structures Urban Agriculture, Low-Impact ZC* NP ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC*

23.318—Urban
Agriculture
Urban Agriculture, High-Impact AUP* NP AUP* AUP* AUP* AUP* AUP* AUP* AUP* AUP* 23.318—Urban Agriculture
Wireless Telecommunication
Facility See 23.332—Wireless Communication Facilities

Page 6 of 37 ends

Rev - 22
Ordinance No. 7,978-N.S. Page 7 of 37
Section 3. That BMC Section 23.202.030(A) is amended to read as follows:

A. Residential Additions. See Section 23.502.020(A) (“A” Terms) for residential addition definitions.

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-1H, R-1AH, R-2H, and R-2AH, and the R-3 district outside the Southside Plan boundaries, and in the R- 4, R-5 and R-BMU districts, residential additions require permits as follows:
i. Residential additions (up to 15 percent of lot area or 600 square feet, 23whichever is less): Zoning Certificate.
ii. Major residential additions (all other residential additions): AUP.

Section 4. That BMC Section 23.202.030(B)(1) is amended to read as follows:

1. In the R-1 H, R-2 H, R-2AH, R-3, and R3-H districts, 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. (d) No permit is required to add up to two bedrooms in an existing dwelling unit through the reconfiguration of existing habitable space, regardless of the number of bedrooms on the existing lot.

Section 5. That BMC Section 23.202.040(C) and (D) be added to read as follows:

C. One Single-Family Residential Use on a Single Lot in the R-1, R-2 and R-2A districts.

Page 7 of 37 ends

Rev - 23
Ordinance No. 7,978-N.S. Page 8 of 37
(1) This section applies on lots with one existing or proposed single-family residential dwelling on a single lot, for new construction or residential additions.
(a) The residential gross floor area of a single-family residential dwelling may be no larger than 50 percent of the lot area, or 2,500 square feet, whichever is greater. (b) A single-family residential dwelling may exceed the size limitations in this section with an AUP. (c) This subsection shall not apply to parcels located in the Hillside Overlay Zone.

D. Noticing for New Dwelling Uses in the R-1, R-2, and R-2A Zoning Districts (1) This section applies to proposed new dwelling units, other than ADUs, located in the R-1, R-2 and R-2A zoning districts and are eligible for approval with a Zoning Certificate, as indicated in Table 23-202-1 Allowed Land Uses in Residential Districts.
(a) Scope and Timing of Notice. The City shall mail a courtesy notice to tenants of the subject property, and owners and tenants of the adjacent, confronting, and abutting properties, within ten working days of submission of the application to the City.
(b) Content of Notice. Notice shall provide the address of the project, allowable hours of construction and information for tenants of the subject property on how to contact a Rent Board Housing Counselor by e-mail or phone and any other resource information deemed relevant. (c) Mailing Fees. The applicant shall be responsible for the cost of materials, postage, and staff time necessary to process and mail notices.
(d) This subsection shall not apply to parcels located in the Hillside Overlay Zone.

Page 8 of 37 ends

Rev - 24
Ordinance No. 7,978-N.S. Page 9 of 37
Section 6. That BMC Section 23.202.050(A) is amended to read as follows:

A. District Purpose. The purpose of the Residential Multi-Unit 1 (R-1) district is to:

1. Implement the General Plan by facilitating the development of residential areas consistent with a pattern of housing types ranging from single-family to small apartment structures;

2. Make housing available for persons who desire detached and multi-unit housing with usable open space;

3. Provide objective standards to protect adjacent properties from unreasonable obstruction of light and air; and

4. Permit community facilities such as religious assembly uses, schools, parks, and libraries which serve the local population and are not detrimental to the immediate neighborhood.

Section 7. That the title of BMC Section 23.202.050 is amended to read as follows:

23.202.050 – R-1 Residential Multi-Unit 1 District
Section 8. That BMC Chapter 23.202.050(D)(1) R-1 Development Standards is amended to read as follows:

D. Development Standards.

1. Basic Standards. See Table 23.202-2: R-1 Development Standards and Table 23.202-3: R-1H Development Standards.

Page 9 of 37 ends

Rev - 25
Ordinance No. 7,978-N.S. Page 10 of 37
Section 9. That Table 23.202-2 R-1 Development Standards within BMC Chapter 23.202.050 is amended to read as follows:

Table 23.202-2 R-1 Development Standards

BASIC STANDARDS SUPPLEMENTAL STANDARDS
Lot Area for New Lots, Minimum 5,000 sq. ft. 23.304.020 – Lot Requirements Usable Open Space 1,000 sq. ft. of Gross Residential Floor Area, Minimum 150 sq. ft. 23.304.090 – Usable Open Space Floor Area Ratio, Maximum No maximum
Main Building Height, Maximum
New Buildings and Additions 35 ft. or 3 stories [1]
Within 15 ft. of Rear Property Line 22 ft.

23.304.050 – Building Height
Residential Density (du/acre)
Minimum 10
Maximum 70

23.106.100 – Residential Density
Lot Line Setbacks, Minimum
Front 5 ft. [2]
Rear 5 ft. [2]
Interior Side 4 ft.

Street Side 4 ft.

23.304.030 – Setbacks
Building Separation, Minimum 5 ft.

Lot Coverage, Maximum 60% 23.304.120 – Lot Coverage

Page 10 of 37 ends

Rev - 26
Ordinance No. 7,978-N.S. Page 11 of 37

BASIC STANDARDS SUPPLEMENTAL STANDARDS
Notes:
[1] A project that includes a pitched roof is permitted a 35 foot maximum eave height and a maximum roof height of 38 feet. A project with a 35 foot flat roof is permitted an additional 5 feet height allowance for a stair, elevator or other rooftop access feature. Such a feature shall not exceed 15% of the average floor area of all of the building’s stories. [2] Front and rear setbacks must add up to at least 20 feet.

Table 23.202-3 R-1H Development Standards

BASIC STANDARDS SUPPLEMENTAL STANDARDS
Lot Area for New Lots, Minimum 5,000 sq. ft. 23.304.020 – Lot Requirements Usable Open Space per Dwelling Unit, Minimum 400 sq. ft. 23.304.090 – Usable Open Space Floor Area Ratio, Maximum No maximum
Building Height
New Buildings or Non-Residential Additions, Average 28 ft. and 3 stories [1] New Buildings or Non-Residential Additions, Maximum 35 ft.

Residential Additions
Average
14 ft. or highest existing
portion of roof,
whichever is lower [2]
Maximum 20 ft [3]

23.210.020 – Hillside Overlay Zone

23.304.050 – Building Height
Lot Line Setbacks, Minimum
Front 20 ft.

Rear 20 ft.

Interior Side 4 ft.

23.210.020 – Hillside Overlay Zone

23.304.030 – Setbacks

Page 11 of 37 ends

Rev - 27
Ordinance No. 7,978-N.S. Page 12 of 37

BASIC STANDARDS SUPPLEMENTAL STANDARDS
Street Side 4 ft.

Building Separation, Minimum No minimum
Lot Coverage, Maximum 40% 23.304.120 – Lot Coverage
Notes:
[1] Average Building Height 35 ft. with an AUP.
[2] Average Building Height greater than 14 ft. up to 28 ft. allowed with an AUP. Average building height greater than 28 ft up to 35 ft allowed with an additional AUP.
[3] Maximum building height greater than 20 ft. allowed with an AUP pursuant to BMC 23.210.020(C)(2).

Section 10. That BMC Chapter 23.202.060 is amended to read as follows:

23.202.060 Reserved
Section 11. That the title of BMC Section 23.202.080 is amended to read as follows:

23.202.080- R-2 Residential Multi-Unit 2 District
Section 12. That BMC Section 23.202.080(A) is amended to read as follows:

A. District Purpose. The purpose of the Residential Multi-Unit 2 (R-2) district is to:

1. Implement the General Plan by encouraging the development of residential areas with a range of housing types

2. Make available housing for persons who desire a range of housing choice with useable open space; and

3. Provide objective standards to protect adjacent properties from unreasonable obstruction of light and air.

Page 12 of 37 ends

Rev - 28
Ordinance No. 7,978-N.S. Page 13 of 37
Section 13 That BMC Section 23.202.080(D) is amended to read as follows:

D. Development Standards.

1. Basic Standards. See Table 23.202-5: R-2 Development Standards, Table 23.202-6: R-2H Development Standards, Table 23.202-7: R-2H Setback and Building Separation Standards, and Table 23.202-8: R-2H Lot Coverage Standards for development standards in the R-2 district.

2. Supplemental Standards. Supplemental development standards that apply in the R-2 district are noted in Table 23.202-5: R-2 Development Standards, Table 23.202-6: R-2H Development Standards, Table 23.202-7:

R-2H Setback and Building Separation Standards and Table 23.202-8: R-2H Lot Coverage Standards.

TABLE 23.202-5: R-2 DEVELOPMENT STANDARDS

BASIC STANDARDS SUPPLEMENTAL STANDARDS
Lot Area, Minimum
New Lots 5,000 sq. ft. 23.304.020 – Lot Requirements
Usable Open Space, Per 1,000 sq. ft. of gross
residential floor area, Minimum 150 sq. ft. 23.304.090 – Usable Open Space
Floor Area Ratio, Maximum No maximum
Main Building Height
New Buildings and Additions, Maximum 35 ft. or 3 stories [1] Within 15 feet of Rear Property Line, Maximum 22 ft.

23.304.050 – Building Height
Residential Density (du/acre)
Minimum 10
Maximum 70

23.106.100 – Residential Density

Page 13 of 37 ends

Rev - 29
Ordinance No. 7,978-N.S. Page 14 of 37

BASIC STANDARDS S

UPPLEMENTAL STANDARDS
Lot Line Setbacks, Minimum
Front 5 ft. [2]
Rear 5 ft. [2]
Interior Side 4 ft.

Street Side 4 ft.

23.304.030 – Setbacks
Building Separation, Minimum 5 ft.

Lot Coverage, Maximum 60% 23.304.120 – Lot Coverage
Notes:
[1] A project that includes a pitched roof is permitted a 35 foot maximum eave height and a maximum roof height of 38 feet. A project with a 35 foot flat roof is permitted an additional 5 feet height allowance for a stair, elevator or other rooftop access feature. Such a feature shall not exceed 15% of the average floor area of all of the building’s stories. [2] Front and rear setbacks must add up to at least 20 feet.

TABLE 23.202-6: R-2H DEVELOPMENT STANDARDS

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

23.304.020 – Lot Requirements
Usable Open Space, Per Dwelling Unit, Minimum 400 sq. ft. 23.304.090 – Usable Open Space
Floor Area Ratio, Maximum No maximum
Main Building Height, Average 23.210.020 – Hillside Overlay

Page 14 of 37 ends

Rev - 30
Ordinance No. 7,978-N.S. Page 15 of 37

BASIC STANDARDS S

UPPLEMENTAL STANDARDS
New Buildings and Non-Residential Additions 28 ft. and 3 stories [1] New Buildings and Non-Residential Additions,
Maximum 35 ft.

Zone

23.304.050 – Building Height
Residential Addition, Height
Average
14 ft. or highest existing
portion of roof, whichever
is lower [2]
Maximum 20 ft. [3]
Lot Coverage, Maximum See
Table 23.202-8

23.304.120 – Lot Coverage
Notes:
[1] Average Building Height 35 ft. with an AUP.
[2] Average Building Height greater than 14 ft. up to 28 ft. allowed with an AUP. Average building height greater than 28 ft up to 35 ft allowed with an additional AUP.
[3] Maximum building height greater than 20 ft. allowed with an AUP pursuant to BMC 23.210.020(C)(2).

TABLE 23.202-7: R-2H SETBACK AND BUILDING SEPARATION STANDARDS

STANDARDS BY BUILDING
STORY
1ST 2ND 3RD

SUPPLEMENTAL

STANDARDS
Lot Line Setbacks, Minimum
Front 20 ft. 20 ft. 20 ft.

23.304.030–
Setbacks

Page 15 of 37 ends

Rev - 31
Ordinance No. 7,978-N.S. Page 16 of 37
Rear 20 ft. 20 ft. 20 ft.

Interior 4 ft. 4 ft. 6 ft.

Street Side 10 ft. 10 ft. 10 ft.

Building Separation, Minimum 8 ft. 12 ft. 16 ft.

23.304.040–
Building
Separation in
Residential
Districts
TABLE 23.202-8: R-2H LOT COVERAGE STANDARDS

STANDARD BASED ON

BUILDING HEIGHT
1 STORY 2

STORIES
3 STORIES

SUPPLEMENTAL

STANDARDS
Lot Coverage, Maximum
Interior and Through Lot 45% 40% 35%
Corner Lot 50% 45% 40%

23.304.120– Lot
Coverage
Section 14. That the title BMC Section 23.202.090 is amended to read as follows:

23.202.090 R-2A Residential Multi-Unit 2A District
Section 15. That BMC Section 23.202.090(A) is amended to read as follows:

A. District Purpose. The purpose of the Residential Multi-Unit 2A (R-2A) district is to:

Page 16 of 37 ends

Rev - 32
Ordinance No. 7,978-N.S. Page 17 of 37

1. Implement the General Plan by facilitating the development of residential areas characterized by a range of housing types;

2. Make available housing for persons who desire apartment-type accommodations with open space; and

3. Provide objective standards to protect adjacent properties from unreasonable obstruction of light and air; and Section 16. That BMC Section 23.202.090(D) is amended to read as follows:

D. Development Standards.

1. Basic Standards. See Table 23.202-9: R-2A Development Standards, Table 23.202-10 R-2AH Development Standards, Table 23.202-11: R-2AH Setback and Building Separation Standards, and Table 23.202-12: R-2AH Lot Coverage Standards.

2. Supplemental Standards. Supplemental development standards that apply in the R-2A district are noted in Table 23.202-9: R-2A Development Standards, Table 23.202-10 R-2AH Development Standards, Table

23.202-11: R-2AH Setback and Building Separation Standards, and Table 23.202-12: R-2AH Lot Coverage Standards.

TABLE 23.202-9: R-2A DEVELOPMENT STANDARDS

BASIC STANDARDS SUPPLEMENTAL

STANDARDS
Lot Area, Minimum
New Lots 5,000 sq. ft. 23.304.010 - Lot
Requirements
Usable Open Space, pe per 1,000 sq. ft. gross residential floor area Minimum 150 sq. ft 23.304.090 – Usable Open
Space
Main Building Height
New Buildings and Additions, Maximum [1] 35 ft. or 3 stories

23.304.050 – Building
Height

Page 17 of 37 ends

Rev - 33
Ordinance No. 7,978-N.S. Page 18 of 37
Within 15 ft. of Rear Property Line, Maximum 22 ft.

Residential Density (du/acre)
Minimum 20
Maximum 70

23.106.100 – Residential
Density
Lot Line Setbacks, Minimum
Front [2] 5 ft.

Rear [2] 5 ft.

Interior Side 4 ft.

Street Side 4 ft.

23.304.030 – Setbacks
Building Separation, Minimum 5 ft.

Lot Coverage, Maximum 60% 23.304.120 – Lot
Coverage
Notes:
[1] A project that includes a pitched roof is permitted a 35 foot maximum eave height and a maximum roof height of 38 feet. A project with a 35 foot flat roof is permitted an additional 5 feet height allowance for a stair, elevator or other rooftop access feature. Such a feature shall not exceed 15% of the average floor area of all of the building’s stories. [2] Front and rear setbacks must add up to at least 20 feet.

TABLE 23.202-10: R-2AH DEVELOPMENT STANDARDS

BASIC STANDARDS SUPPLEMENTAL

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

Per Dwelling Unit 1,650 sq. ft. [1]

23.304.010 - Lot
Requirements

Page 18 of 37 ends

Rev - 34
Ordinance No. 7,978-N.S. Page 19 of 37
Usable Open Space, per Dwelling Unit, Minimum 400 sq. ft 23.304.090 – Usable Open Space
Main Building Height, Average
New Buildings and Non-Residential Additions 28 ft. and 3 stories [2]

23.210.020 – Hillside
Overlay Zone

23.304.050 – Building
Height
Residential Additions, Height
Average
14 ft. or highest
existing portion of
roof, whichever is
lower. [3]
Maximum 20 ft. [4]
Notes:
[1] One additional dwelling unit is allowed for a remaining lot area between 1,300 and 1,650 square feet. [2] Average Building Height 35 ft. with an AUP.
[3] Average Building Height greater than 14 ft. up to 28 ft. allowed with an AUP. Average building height greater than 28 ft up to 35 ft allowed with an additional AUP.
[4] Maximum building height greater than 20 ft. allowed with an AUP pursuant to BMC 23.210.020(C)(2).

TABLE 23.202-11: R-2AH SETBACK AND BUILDING SEPARATION STANDARDS

STANDARDS BY BUILDING STORY
1ST 2ND 3RD

SUPPLEMENTAL

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

Rear 15 ft. 15 ft. 15 ft.

23.304.030–
Setbacks

Page 19 of 37 ends

Rev - 35
Ordinance No. 7,978-N.S. Page 20 of 37
Interior 4 ft. 4 ft. 6 ft.

Street Side 6 ft. 8 ft. 10 ft.

Building Separation, Minimum 8 ft. 12 ft. 16 ft.

23.304.040–
Building
Separation in
Residential
Districts
TABLE 23.202-12: R-2AH LOT COVERAGE STANDARDS

STANDARD BASED ON BUILDING
HEIGHT
1 STORY 2

STORIES
3 STORIES

SUPPLEMENTAL

STANDARDS
Lot Coverage, Maximum
Interior and Through Lots 45% 40% 35%
Corner Lots 50% 45% 40%

23.304.120
Section 17. That BMC Section 23.202.100(E)(2) is amended to read as follows:

2. Supplemental Standards. Supplemental development standards that apply in the R-3 district are noted in Table 23.202-13: R-3 Development Standards.

Section 18. That the title of Table 23.202-11: R-3 Development Standards within BMC Section 23.202.100 is amended to read as follows:

TABLE 23.202-13: R-3 DEVELOPMENT STANDARDS

Page 20 of 37 ends

Rev - 36
Ordinance No. 7,978-N.S. Page 21 of 37
Section 19. That the BMC Sections 23.202.110(E)(1) and (2) are amended to read as follows:

E. Development Standards.

1. Basic Standards. See Table 23.202-14: R-4 Lot and Height Standards, Table 23.202-15: R-4 Setback and Building Separation Standards, and Table 23.202-16: R-4 Lot Coverage Standards.

2. Supplemental Standards. Supplemental development standards that apply in the R-4 district are noted in Table 23.202-14: R-4 Lot and Height Standards, Table 23.202-15: R-4 Setback and Building Separation Standards, and Table 23.202-16: R-4 Lot Coverage Standards.

Section 20. That the title of Table 23.202-12: R-4 Lot and Height Standards within BMC Section 23.202.110 is amended to read as follows:

TABLE 23.202-14: R-4 LOT AND HEIGHT STANDARDS
Section 21. That the title of Table 23.202-13: R-4 Setback and Building Separation Standards within BMC Section

23.202.110 is amended to read as follows:

TABLE 23.202-15: R-4 SETBACK AND BUILDING SEPARATION STANDARDS Section 22. That the title of Table 23.202-14: R-4 Lot Coverage Standards within BMC Section 23.202.110 is amended to read as follows:

TABLE 23.202-16: R-4 LOT COVERAGE STANDARDS
Section 23. That BMC Section 23.202.120(D)(1) and (2) be amended to read as follows:

D. Development Standards.

1. Basic Standards. See Table 23.202-17: R-5 Lot and Height Standards, Table 23.202-18: R-5 Setback and Building Separation Standards, and Table 23.202-19: R-5 Lot Coverage Standards.

Page 21 of 37 ends

Rev - 37
Ordinance No. 7,978-N.S. Page 22 of 37

2. Supplemental Standards. Supplemental development standards that apply in the R-5 district are noted in Table 23.202-17: R-5 Lot and Height Standards, Table 23.202-18: R-5 Setback and Building Separation Standards, and Table 23.202-19: R-5 Lot Coverage Standards.

Section 24. That the title of Table 23.202-15: R-5 Lot and Height Standards within BMC Section 23.202.120 is amended to read as follows:

TABLE 23.202-17: R-5 LOT AND HEIGHT STANDARDS
Section 25. That the title of Table 23.202-16: R-5 Setback and Building Separation Standards within BMC Section

23.202.120 is amended to read as follows:

TABLE 23.202-18: R-5 SETBACK AND BUILDING SEPARATION STANDARDS Section 26. That the title of Table 23.202-17: R-5 Lot Coverage Standards within BMC Section 23.202.120 is amended to read as follows:

TABLE 23.202-19: R-5 LOT COVERAGE STANDARDS
Section 27. That BMC Section 23.202.130(E)(1) and (2) are amended to read as follows:

E. Development Standards.

1. Basic Standards. See Table 23.202-20: R-S Development Standards.

2. Supplemental Standards. Supplemental development standards that apply in the R-S district are noted in Table 23.202-20: R-S Development Standards.

Section 28. That the title of Table 23.202-18: R-S Development Standards within BMC Section 23.202.130 is amended to read as follows:

Page 22 of 37 ends

Rev - 38
Ordinance No. 7,978-N.S. Page 23 of 37
TABLE 23.202-20: R-S DEVELOPMENT STANDARDS
Section 29. That BMC Section 23.202.140(E)(1) is amended to read as follows:

1. Basic Standards. See Table 23.202-21: R-SMU Development Standards.

Section 30. That the title of Table 23.202-19: R-SMU Development Standards within BMC Section 23.202.140 is amended to read as follows:

TABLE 23.202-21: R-SMU DEVELOPMENT STANDARDS
Section 31. That BMC Section 23.202.150(D) is amended to read as follows:

D. Ground-floor Uses. See Table 23.202-22: Permitted Street-Facing Ground Floor Uses.

Section 32. That the title of Table 23.202-20: Permitted Street-Facing Ground Floor Uses within BMC Section 23.202.150 is amended to read as follows:

TABLE 23.202-22: PERMITTED STREET-FACING GROUND FLOOR USES Section 33. That BMC Section 23.202.150(F)(1) and (2) are amended to read as follows:

1. Basic Standards. See Table 23.202-23.

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

23.202-23.

Page 23 of 37 ends

Rev - 39
Ordinance No. 7,978-N.S. Page 24 of 37
Section 34. That the title of Table 23.202-21 within BMC Section 23.202.150 is amended to read:

TABLE 23.202-23: R-BMU DEVELOPMENT STANDARDS
Section 35. That the lines “Single-Family,” “Two Family,” and “Multi-Family” in Table 23.204-1: Allowed Land Uses in Commercial Districts within BMC Section 23.204.020 are amended to read as follows:

COMMERCIAL DISTRICTSZC = Zoning
Certificate
AUP =
Administrative Use
Permit
UP(PH) = Use
Permit
NP = Not Permitted
-- = Permitted with
AUP, see

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

C-C C-U C-N C-E C-NS C-SA C-T C-SO C-DMU C-W C-AC

USE-SPECIFIC

REGULATIONS
Residential Uses
Single-Family
Residential
UP(H) UP(PH)* UP(PH) UP(PH) UP(PH) UP(PH) UP(PH)* UP(PH) UP(PH) UP(PH) UP(PH) 23.204.060.B.3;

23.302.070.H
Multi- Unit
Residential
UP(PH) UP(PH)* UP(PH) UP(PH) UP(PH) UP(PH) UP(PH)* UP(PH) UP(PH) UP(PH) UP(PH) 23.204.060.B.3;

23.302.070.H

Page 24 of 37 ends

Rev - 40
Ordinance No. 7,978-N.S. Page 25 of 37
Section 36. That the lines “Single Family,” “Two Family,” “Multi-Unit Family” and “Mixed Use Residential” in Table 23.206-1: Allowed Land Uses in Manufacturing Districts within BMC Section 23.206.020 are amended to read as follows:

MANUFACTURING DISTRICTS
ZC = Zoning Certificate
AUP = Administrative Use Permit
UP(PH) = Use Permit
-- = Permitted with an AUP, see

23.206.020(B)
NP = Not Permitted
[#] = Floor Area Permit Requirement
* Use-Specific Standards Apply

M MM MU-LI MU-R
Use-Specific Standards
Applies to uses with an
asterisk following the permit
requirement (e.g., ZC*)
Residential Uses
Single-Family
Residential NP NP NP AUP
Multi-Unit Residential NP NP NP ZC* 23.206.090(B) (8)
Mixed-Use
Residential NP NP NP UP(PH)
* 23.206.090(B)(7)
Section 37. That BMC Section 23.206.090(B)(7) to (9) are amended to read as follows:

7. Mixed-Use Residential. To approve an AUP or Use Permit to establish or expand of a mixed-use residential building in the MU-R district, the review authority must find that the specific combination of proposed residential and non-residential uses will not be hazardous or detrimental to persons living and/or working on the site or within the project vicinity.

8. Noticing for New Dwelling Units. This section applies to proposed new dwelling units that are eligible for approval with a Zoning Certificate, as indicated in Table 23.206-1 Allowed Land Uses in Manufacturing Districts. (a) Scope and Timing of Notice. The City shall mail a courtesy notice to tenants of the subject property, and owners and tenants of the adjacent, confronting, and abutting properties, within ten working days of submission of the application to the City.
(b) Content of Notice. Notice shall provide the address of the project, allowable hours of construction and information for tenants of the subject property on how to contact a Rent Board Housing Counselor by e-mail or phone and any other resource information deemed relevant. (c) Mailing Fees. The applicant shall be responsible for the cost of materials, postage, and staff time necessary to process and mail notices.

Page 25 of 37 ends

Rev - 41
Ordinance No. 7,978-N.S. Page 26 of 37
Section 38. That Table 23.206-14- MU-R Development Standards within Section

23.206.090 is amended to read as follows:

TABLE 23.206-14: MU-R DEVELOPMENT STANDARDS

BASIC STANDARDS SUPPLEMENTAL

STANDARDS
Lot Area, Minimum
New Lot No minimum
Per Live/Work Unit 1,250 sq. ft.

23.304.020 – Lot
Requirements
Lot Width, Minimum 40 ft.

Usable Open Space, Minimum
Per 1,000 sq. ft. of gross residential floor
area 150 sq. ft.

Per Live/Work Unit 40 sq. ft.

23.304.090 –
Usable Open
Space
Floor Area Ratio, Maximum, Non-Residential 1.5 [1] 23.106.050 - Floor Area Ratio
Residential Density (DU/acre)
Minimum 20
Maximum 70

23.106.100 –
Residential
Density
Main Building Height, Maximum
Live/work 28 ft. and 3 stories
[2]
Residential or mixed-use [3] 35 ft. or 3 stories
Within 15 ft. of rear property line 22 ft.

All other uses 35 ft. and 2 stories
[4]

23.304.050 -
Building Height
Lot Line Setbacks, Minimum
Front 5 ft.

Rear No minimum [5]
Interior Side No minimum
Street Side 5 ft.

23.304.030 –
Setbacks

Page 26 of 37 ends

Rev - 42
Ordinance No. 7,978-N.S. Page 27 of 37
Building Separation, Minimum 5 ft.

Lot Coverage, Maximum No maximum.

Notes:
[1] Maximum 1.5 for buildings with 50 percent or more live/work floor area [2] Maximum 35 ft. with a Use Permit.
[3] A project that includes a pitched roof is permitted a 35 foot maximum eave height and a maximum roof height of 38 feet. A project with a 35 foot flat roof is permitted an additional 5 feet height allowance for a stair, elevator or other rooftop access feature.

Such a feature shall not exceed 15% of the average floor area of all of the building’s stories. Mixed use is defined here as a building with 50 percent or more of gross floor area used for residential (including live/work) purposes. [4] Maximum 3 stories for arts/craft studios and light manufacturing (with no other non- residential uses) on a block without dwelling units.
[5] Minimum 5 ft. if rear of lot abuts a street.

Section 39. That Table 23.210-1: H Overlay Zone Maximum Allowed Height within Section 23.210.020 is amended to read as follows:

TABLE 23.210-1: H OVERLAY ZONE MAXIMUM ALLOWED HEIGHT

ALLOWED HEIGHT

UNDERLYING BASE DISTRICT

AVERAGE MAXIMUM

MAXIMUM STORIES
New Buildings
R-1, R-2, R-2A 28 ft. 35 ft. 3 stories
R-3, R-4, R-5, R-S, C-N,
C-NS 35 ft. 35 ft. 3 stories
Residential Additions
As required by
the base district
or the highest
existing portion
of the roof,
whichever is
lower
20 ft. N/A

Page 27 of 37 ends

Rev - 43
Ordinance No. 7,978-N.S. Page 28 of 37
Section 40. That BMC Section 23.304.030(B)(1) is amended to read as follows:

1. Corner Lots with a Rear Lot Line Abutting a Key Lot. For corner lots in the R-1, R-2 and R-2A districts with a rear lot line abutting a key lot, the minimum street side setback is either:
(a) One-half the front setback required or existing on the key lot, whichever is less; or
(b) Four feet if the corner lot maintains 50 feet or more rear setback.

Section 41: That Table 23.304-1 Allowed Setback Reductions in Residential District within BMC Section 23.304.030 is 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.

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
On a lot less
than 100 ft.
deep
20% of lot depth
[4] ZC None

Page 28 of 37 ends

Rev - 44
Ordinance No. 7,978-N.S. Page 29 of 37

DISTRICT
WHERE

ALLOWED

WHEN ALLOWED
M

INIMUM SETBACK

WITH REDUCTION

REQUIRED

PERMIT REQUIRED ADDITIONAL
FINDINGS [1]
R-2, R-
2A, R-3,
R-4, R-5
[4]
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-2,
R-2A
Lot width less
than 40 ft.
10% of lot width
or 3 ft.,
whichever is
greater
ZC
None
R-2H, R-
2AH
Lot width less
than 40 ft.

First and
second stories:
10% of lot width
or 3 ft.,
whichever is
greater; Third
story: 4 ft.

ZC
None
Notes:
[1] Findings are in addition to any AUP or Use Permit findings required in 23.406- Specific 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] The resulting rear setback becomes the total setback required for the front and rear to add up to. Front and rear setbacks may not be less than 5 ft. [5] Parcels located within the R-3 district within the Southside Plan boundaries are exempt from this section.

Section 42. That the line “R-1A” in Table 23.304-4: Permits Required for Building

Page 29 of 37 ends

Rev - 45
Ordinance No. 7,978-N.S. Page 30 of 37
Separation in Residential Districts within BMC Section 23.304.040 is removed.

Section 43. That BMC Section 23.322.100(C)(1) is amended to read as follows:

1. General. The following requirements apply to required on-site loading spaces in all districts except for the R-1, R-2, R-2A districts.
(a) Dimensions. A required loading space must be at least 12 feet wide and 25 feet long with a minimum vertical clearance of 14 feet. (b) Location. A required loading spaces must be located on the same lot as the structure or use the space is designed to serve.
(c) Parking Spaces. A required parking space may not be used to satisfy the requirements for an off-street loading space.
(d) Access and Paving. A required loading space must have adequate means of access from a street or alley. Both the space and access driveway must be paved with a durable, dustless material that is usable under all weather conditions.

Section 44. That BMC Section 23.324.050(D)(3)(a) is amended to read as follows:
(a) A Use Permit is required for an addition to and/or enlargement of a structure or building that exceeds the maximum allowed lot coverage, or maximum floor area ratio, or is nonconforming to minimum or maximum residential density.

Section 45. That BMC Section 23.326.030(B)(1)(c) is amended to read as follows:
(c) The demolition is necessary to permit construction approved pursuant to this Chapter of at least the same number of Residential Units.

Section 46. That BMC Section 23.326.030(B)(2) is amended to read as follows:

2. A Single-Family Dwelling without sitting tenants may be demolished with a Zoning Certificate, if the demolition is part of a development project that would result in a net increase in residential density.

Section 47. That BMC Section 23.406.020(E) is amended to read as follows:

E. Review and Action

1. The Zoning Officer shall review a Zoning Certificate application to verify compliance with the Zoning Ordinance. If the project complies with all applicable requirements, the Zoning Officer shall approve the application.

Page 30 of 37 ends

Rev - 46
Ordinance No. 7,978-N.S. Page 31 of 37

2. The Zoning Officer may attach to the Zoning Certificate project plans and other information as needed to document project compliance with the Zoning Ordinance.

3. The Zoning Officer may attach to the Zoning Certificate any applicable uniformly applied Standard Conditions of Approval.

Section 48. That BMC Section 23.502.020(M)(17) and (18) are amended to read as follows:

17. Multi-Family Dwelling. A building, group of buildings, or portion of a building used or designed as two or more dwelling units.

18. Multi-Family Residential. A residential use that includes two or more units, excluding ADUs and Junior ADUs, on a single lot.

19. Municipal Animal Shelter. A City-owned facility providing services for humane animal care with programs and services focused on maximizing opportunities for animal adoption. Supporting facilities may include medical care (including spay/neuter), kennels, exercise areas and adoption centers.

Section 49. That BMC Section 23.502.020(R) is amended to read as follows:

R. "R" Terms.

1. Receiving Lot. See Lot, Receiving.

2. Recycled Materials Processing . A facility that receives and processes recyclable materials. Processing means preparation of material for efficient shipment, or to an end-user’s specifications, by such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning, and remanufacturing.

3. Recycling Redemption Center. A facility, use, or structure for the collection of recyclable goods, including beverage containers and newspapers.

4. Related Equipment. All equipment necessary for or related to the provision of personal wireless services. Such equipment may include, but is not limited to, cable, conduit and connectors, equipment pads, equipment shelters, cabinets, buildings and access ladders.

5. Religious Assembly. A building or space primarily used for an assembly of persons to conduct worship or other religious ceremonies, including, but not limited to, churches, synagogues, temples, mosques or shrines.

Page 31 of 37 ends

Rev - 47
Ordinance No. 7,978-N.S. Page 32 of 37

6. Repair Service, Non-Vehicle. An establishment that provides repair and maintenance services for household appliance, home electronics, office equipment, furniture and other similar items. Excludes vehicle repair.

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

8. Resident. A person whose primary residence is in Berkeley.

9. Residential Care Facility. See Community Care Facility.

10. Residential Hotel. See Hotel, Residential.

11. Residential Addition. See Addition, Residential.

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

13. 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.

14. 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.

15. 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,

Page 32 of 37 ends

Rev - 48
Ordinance No. 7,978-N.S. Page 33 of 37
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.

16. 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.

17. 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.

18. 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 50. That BMC Section 23.502.020(S)(21) through 23.502.020(S)(36) is amended to read as follows:

21. Single-Family Residential. A residential use that includes only one single- family dwelling, excluding ADUs and Junior ADUs, on a single lot.

22. Single Residential Occupancy (SRO) Room. A room for residential or sleeping purposes in a residential hotel which is designed for occupancy of one person only.

23. Skateboard Ramp. A ramp, platform, course or facility used for skateboard riding and made of wood or other solid material.

24. Slope. The steepness of a site, measured as the ratio of the vertical distance to the horizontal distance between the highest and lowest points of the site.

See Figure 23.502-5: Grade or Slope.

FIGURE 23.502-5: GRADE OR SLOPE

25. Small Vehicle Sales and Service. An establishment which sells or leases long-term new, used, or pre-owned motorized vehicles other than passenger automobiles and trucks which are characterized by fewer than four wheels or

Page 33 of 37 ends

Rev - 49
Ordinance No. 7,978-N.S. Page 34 of 37
a minimal frame. Types of vehicles sold or leased by this use include motorcycles, scooters, three-wheel motorcycles, electric carts, electric scooters, and such vehicles designed or refurbished for alternative fuels/power sources (alternative to conventional gasoline).

26. Smoke Shop. An establishment engaged primarily in the sale of tobacco and/or tobacco-related products.

27. Solar Energy Device/Equipment. Any solar collector or other solar energy device or any structural design feature of a building of which the primary purpose is to provide for the collection, storage or distribution of solar energy for space heating or cooling, water heating or the generation of electricity.

28. Sorority House. A building used for group living accommodations by an organization recognized by the UC Berkeley, or other institution of higher learning.

29. Source Lot. See Lot, Source.

30. Story. See Section 23.106.060 (Story)

31. Street. A public or private thoroughfare which provides principal means of access to abutting lots, including but not limited to, avenue, place, way, manor, drive, circle, lane, court, boulevard, highway, road and any other thoroughfare except an alley or a path as defined in this chapter.

32. Street Line. The boundary between a lot and an adjacent street.

33. Structural Alteration. Any physical change to or removal of the supporting members of a building, foundation or bearing walls, columns, beams or girders or creation or enlargement of a window or door, change of a roofline or roof shape, including creating, enlarging or extending a dormer.

34. Structural Alteration, Public Safety. Any structural alteration or physical change to a building that provides greater safety to the public or occupants by strengthening the building against seismic activity, which does not result in new floor area except that created by necessary structural improvements or physical changes as required under Municipal Code Chapter 19.38 and 19.39.

35. Structure. Anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground.

A building is a structure for the purposes of this chapter. (a) Accessory Structure. A detached structure, other than an accessory building, in which non-habitable uses or activities other than the principal use of the property are conducted. Residential accessory structures include, but are not limited to, enclosed structures such as garages, carports, garden or tool sheds, and non-enclosed structures such as, but not limited to, fences, gazebos, ground-mounted satellite dishes, skateboard ramps and

Page 34 of 37 ends

Rev - 50
Ordinance No. 7,978-N.S. Page 35 of 37
wheelchair ramps. Non-residential accessory structures include, but are not limited to, storage buildings, garages, sheds and other outbuildings. (b) Subterranean Structure. A roofed structure constructed underground, with no building stories aboveground, of which the roof does not exceed 3 feet above the pre-existing grade. Such structures are either separated from a building or connected to a building only by a passageway or hallway with no openings to finished grade except for a doorway.
(c) Temporary Structure. A tent, tent-house, trailer, mobile office, mobile home or other movable structure or other temporary structure whose construction does not require a building permit.

36. Studio. See Art/Craft Studio.

37. Supportive Housing. As defined in Health and Safety Code 50675.14(b)(2), housing with no limit on length of stay that is occupied by the target population as defined in Health and Safety Code 50675.14(b)(3) and is linked to on- or off-site services that assist the supportive housing residents in retaining the housing, improving their health status, and maximizing their ability to live and, when possible, work in the community.

Section 51. That BMC Section 23.502.020(T)(14) is removed.

Section 52. The effective date of this Ordinance shall be November 1, 2025.

Section 53: The Zoning Map, as referenced in BMC Section 23.108.030, shall be amended to rezone all parcels currently zoned R-1A to R-2, as shown in Attachment A of this Ordinance.

Section 54: 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.

Attachment A: Zoning Map Changes

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Rev - 51
Ordinance No. 7,978-N.S. Page 36 of 37
At a special meeting of the Council of the City of Berkeley held on June 26, 2025, this Ordinance was passed to print and ordered published by posting by the following vote:

Ayes: Bartlett, Blackaby, Humbert, Kesarwani, Lunaparra, O’Keefe, Taplin, Tregub, and Ishii.

Noes: None.

Absent: None.

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Rev - 52
Ordinance No. 7,978-N.S. Page 37 of 37
Attachment A
Zoning Map Changes
The zoning map below reflects the elimination of the R-1A zoning district and the redesignation of R-1A parcels as R-2 parcels. All affected parcels are outlined in light blue.
1831812.1

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Rev - 53
Rev - 54
Tuesday, July 8, 2025 AGENDA Page 1
AGENDA

BERKELEY CITY COUNCIL MEETING
Tuesday, July 8, 2025
6:00 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702

ADENA ISHII, MAYOR
Councilmembers:

DISTRICT 1 – RASHI KESARWANI DISTRICT 5 – SHOSHANA O’KEEFE DISTRICT 2 – TERRY TAPLIN DISTRICT 6 – BRENT BLACKABY
DISTRICT 3 – BEN BARTLETT DISTRICT 7 – CECILIA LUNAPARRA DISTRICT 4 – IGOR TREGUB DISTRICT 8 – MARK HUMBERT
This meeting will be conducted in a hybrid model with both in -person attendance and virtual participation. Live captioned broadcasts of Council meetings are available on B -TV (Channel 33) and via internet video stream at http://berkeley.granicus.com/MediaPlayer.php?publish_id=1244. All Council meetings are recorded.

This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953. Any member of the public may attend this meeting, however, if you are feeling sick, please do not attend the meeting in person.

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

Pursuant to the City Council Rul es 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 meeti ng 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 legis lative 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.

The above contribution disclosures and restrictions do not apply when the proceeding is competitively bid, or involves a personnel or labor contract. For more information, see Government Code Section 84308.

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Tuesday, July 8, 2025 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.

The remainder of the speakers wishing to address the Council on non-agenda items will be heard at the end of the agenda.

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Tuesday, July 8, 2025 AGENDA Page 3
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.

Consent Calendar

13.63) to suspend the effective date until March 1, 2026.

First Reading Vote: All Ayes.

Financial Implications: See report
Contact: Farimah Brown, City Attorney, (510) 981-6998

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Consent Calendar
Tuesday, July 8, 2025 AGENDA Page 4

First Reading Vote: All Ayes.

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300

First Reading Vote: All Ayes.

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300

First Reading Vote: All Ayes.

Financial Implications: See report
Contact: Paul Buddenhagen, City Manager, (510) 981-7000

Financial Implications: None
Contact: Farimah Brown, City Attorney, (510) 981-6950

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Consent Calendar
Tuesday, July 8, 2025 AGENDA Page 5

1. Contract No. 32200214 Amendment: RLH & Associates. in an amount not to exceed $300,000; and

2. Contract No. 32500185 Amendment: Ezer Consulting, LLC in an amount not to exceed $150,000; and

3. Contract: GD Financials in an amount not to exceed $150,000 Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300

Financial Implications: See report
Contact: David Sprague, Fire, (510) 981-3473

Financial Implications: See report
Contact: Janelle Rodrigues, Human Resources, (510) 981-6800

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Consent Calendar
Tuesday, July 8, 2025 AGENDA Page 6

Financial Implications: See report
Contact: Janelle Rodrigues, Human Resources, (510) 981-6800

Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

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Consent Calendar
Tuesday, July 8, 2025 AGENDA Page 7

1. Coastland | DCCM for an amount not to exceed $1,000,000

2. Telesis Engineers for an amount not to exceed $1,500,000

3. West Coast Code Consultants for an amount not to exceed $2,000,000 Financial Implications: See report
Contact: Jordan Klein, Planning and Development, (510) 981-7400

Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300

15. Contracts: Don’s Tire Service Inc. and Morgan Tire of Sacramento Inc.

From: City Manager
Recommendation: Adopt two Resolutions authorizing the City Manager to:

Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300

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Consent Calendar
Tuesday, July 8, 2025 AGENDA Page 8

Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300

17. Contract: Kerex Engineering, Inc. for FY 2025 Drainage Improvements (Specification No. 23-11561-C & 25-11677-C)
From: City Manager
Recommendation: Adopt a Resolution:

1. Approving plans and specifications for the FY 2025 Drainage Improvements Project;

2. Accepting the bid of Kerex Engineering, Inc. as the lowest responsive and responsible bidder; and

Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300

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Consent Calendar
Tuesday, July 8, 2025 AGENDA Page 9

Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300

21. Purchase Order: SCL, Safety-Kleen Systems Inc. and Lube Buster Inc. for Vehicle Lubricant Materials
From: City Manager
Recommendation: Adopt three Resolutions authorizing the City Manager to:

Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300

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Consent Calendar
Tuesday, July 8, 2025 AGENDA Page 10

Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300

Financial Implications: None
Contact: Jamie Works-Wright, Commission Secretary, (510) 981-5400 Council Consent Items

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

Financial Implications: See report
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120 Action Calendar
The public may comment on each item listed on the agenda for action. For items moved to the Action Calendar from the Consent Calendar or Information Calendar, persons who spoke on the item during the Consent Calendar public comment period may speak again during the Action Calendar public comment period on the item
The Presiding Officer will request that persons wishing to speak line up at the podium, or use the "raise hand" function in Zoom, to determine the number of persons interested in speaking at that time.

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Action Calendar
Tuesday, July 8, 2025 AGENDA Page 11
If ten or fewer persons are interested in speaking on an individual agenda item, each speaker 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.

Those who speak on an item during this comment period may not speak a second time when the item is taken up by Council.

3.24.110 Landmarks, historic districts and structures of merit- Designation – Criteria for consideration

23.106.030 Floor Area, Gross

23.202.030 Additional Permit Requirements (Residential)

23.204.030 Additional Permit Requirements (Commercial Districts)

23.206.030 Additional Permit Requirements (Manufacturing Districts)

23.302.020 General Use Regulations

23.304.070 Unenclosed Accessory Structures in Residential Districts

23.326.030 Demolition of Residential Units

23.326.050 Demolition of Accessory Buildings

23.326.070 Demolition of Non-Residential Buildings
Financial Implications: None
Contact: Jordan Klein, Planning and Development, (510) 981-7400

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Action Calendar – Public Hearings
Tuesday, July 8, 2025 AGENDA Page 12

27. ***Removed from the Agenda by the City Manager*** Approval and Levy of 2018 Clean Stormwater Fee in FY 2026
From: City Manager
Contact: Terrance Davis, Public Works, (510) 981-6300

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, o rally 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.

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.

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Tuesday, July 8, 2025 AGENDA Page 13
To request a disability-related accommodation(s) to participate in the meeting, including auxiliary aids or services, please contact the Disability Services specialist at [email protected], (510) 981-6418 (V), or (510) 981-6347 (TDD) at least three business days before the meeting date.

Questions regarding public participation may be addressed to the City Clerk Department (510) 981 -6900 or by email at [email protected].

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.

Daylighting

1. Mark Brucker

SB 692

2. Molly Miller

Escalation Request

3. Ahmed Elghiyati (2)

Further Building

4. Kit Vanbuskirk

Measure FF

5. Commission on Aging

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Tuesday, July 8, 2025 AGENDA Page 14
Platform Screen Doors

6. June Ruyle

EMBER

7. Kelly Kenny

8. Berkeley FireSafe Council

9. Barbara Freeman (2)

New Parking Meters

10. Judith L. Bloom

AC Transit Feedback

11. Omowale Fowles

Wyman’s Jewelz

12. Ivory Lewis

39th Annual Berkeley Juneteenth Festival

13. Delores Nochi Cooper

Formal Complaint

14. Jamie Passanisi

Kala Art Institute

15. Ellen Lake

Ohlone Park

16. Nicolas Alexander

17. Sahil Shah

18. Erik Dreher

19. Kristin Leimkuhler

20. Bonnie Borucki

21. Ellen Lewis

22. Isaac Nicholson

23. Rebecca Wolf-Prusan

24. James Loza

25. Dan Cutter

Encampents

26. Molly Miller

27. Stephen Most

28. Eric Friedman

29. Elana Auerbach

Homelessness Concerns

30. David Freeling

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Tuesday, July 8, 2025 AGENDA Page 15
Streets, Bikes, Bollards, Etc.

31. Diana

32. Shirley Kirsten (3)

33. Nicole Adams

34. Ciara Corrales

Safety Concerns

35. Sheila Goldmacher

36. James McFadden

37. Paola Laverde

Model House

38. Gael Alcock (2)

Cannabis Tax

39. Jim Wilk (2)

Children’s Hospital Oakland

40. Aladrian Hillmon

Fuel Break

41. Bob Flasher

Ashby BART Housing

42. Gregory Kalkanis

Spam Concern

43. Amina & Chris

Traffic Laws

44. Molly Reno

Protest Concern

45. Raymond Barglow (2)

Public Facilities

46. Lori Roth

47. Leon Berkowitz

Venture Capital

48. David Lerman

Youth Advisory Collective

49. Layla Jurow

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Tuesday, July 8, 2025 AGENDA Page 16
RV Regulations

50. Eric Friedman

Homeless Policy Concern

51. David Lerman

E-Scooter

52. Robert Borghese (9)

URL’s

• 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.

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Ordinance No. 7,974-N.S. Page 1 of 4
ORDINANCE NO. 7,974-N.S.

AMENDING CHAPTER 13.63 OF THE BERKELEY MUNICIPAL CODE PROHIBITING

THE SALE OR USE OF COORDINATED PRICING ALGORITHMS TO SET RENTS OR

MANAGE OCCUPANCY LEVELS FOR RESIDENTIAL DWELLING UNITS
BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. That Berkeley Municipal Code 13.63 is amended to read as follows:

Chapter 13.63

PROHIBITION ON THE SALE OR USE OF COORDINATED PRICING ALGORITHMS

TO SET RENTS OR MANAGE OCCUPANCY LEVELS FOR RESIDENTIAL

DWELLING UNITS
Sections:

13.63.010 Findings and Purpose

13.63.020 Definitions

13.63.030 Use and Sale of Coordinated Pricing Algorithms Prohibited

13.63.040 Remedies

13.63.050 Undertaking for the General Welfare

13.63.060 Severability

13.63.070 Effective Date

13.63.010 Findings and purpose.

The Council hereby finds and determines that the adoption of this chapter is necessary to the promotion of the public health, safety, and welfare.

A. In recent years, a number of new software programs, often referred to as “algorithmic devices”, have threatened to destabilize rental housing markets in cities nationwide, including the City of Berkeley.

B. These programs enable landlords to indirectly coordinate with one another through the sharing of non-public competitively sensitive data in order to artificially inflate rents and vacancy rates for rental housing. Participating landlords provide vast amounts of proprietary data to the programs, which in turn set or provide recommendations for rent and occupancy levels.

C. More and more landlords in U.S. cities now pool their data and pricing decisions using such software.

D. The software has contributed to double-digit rent increases (over the last nine years, median rents have increased 19% in the East Bay), higher vacancy rates, and higher rates of eviction, and has generally distorted markets so that rents and vacancy rates have increased in tandem.

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Ordinance No. 7,974-N.S. Page 2 of 4
E. Often used by large corporate landlords, the software fuels the consolidation of corporate and private equity ownership of rental housing, at the expense of landlords large and small who are willing to play by the normal rules. Landlords using these tools are not engaging in appropriate market behavior. And the companies developing and selling these tools to Berkeley landlords are not doing so either, and are contributing to these problems.

F. A 2022 class action lawsuit filed in the U.S. District Court in the Western District of Washington at Seattle (one of over 20 private class action lawsuits that have been consolidated into one case) accuses nearly 50 trade associations - including the East Bay Rental Housing Association and the Berkeley Property Owners Association – of serving as “conduits of the cartel” by providing a venue for RealPage and their property owners to conspire. The lawsuit further alleges that landlords use the software to agree on prices to set for rent, and to stagger their lease renewal dates so as to avoid any oversupplies in rental properties.

G. Numerous antitrust lawsuits have been filed against certain of these companies, including RealPage, Inc. and Yardi Systems, Inc. The lawsuits allege that these companies are enabling and participating in a scheme of unlawful rent-fixing. These include a lawsuit filed by the District of Columbia Attorney General in November 2023, a lawsuit filed by the Arizona Attorney General in February 2024, and more than 20 federal private class action lawsuits filed nationwide that have been consolidated in the federal court in the Middle District of Tennessee. In August 2024, The United States Department of Justice, alongside the attorneys general of California and seven other states, filed an antitrust lawsuit against RealPage, accusing the company of reducing competition among landlords and taking over the market for such algorithm-based rental software.

H. Instead of waiting for court processes which may take years to resolve, this ordinance prohibits the sale or use of algorithmic devices for the purpose of setting rents on residential dwelling units in the city of Berkeley, to bring immediate relief to Berkeley tenants, as well as to put landlords who have been using these devices on equal footing with those who are willing to adhere to fair standards for setting rental rates.

I. This Chapter is not intended to prevent the development or sale of software to help landlords manage their units generally or through the use of public data. Nor does this Chapter regulate the amount of rent that a landlord may charge. This Chapter solely regulates the use and sale of the algorithmic devices that analyze and share non- public data, to prevent the harms described above.

13.63.020 Definitions.

A. “Coordinated pricing algorithm” means any analytical or computation processes that use data to recommend or predict the price of consumer goods or services in direct or indirect coordination with one or more competitors, including through a third-party vendor such as a software program that uses one or more algorithms to perform calculations of competitor data concerning local or statewide rents or occupancy levels, for the purpose of advising landlords whether to leave their units vacant or on the amount of rent that landlords may obtain from tenants. "Coordinated pricing algorithm" includes a product that incorporates a coordinated pricing algorithm, but does not

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Ordinance No. 7,974-N.S. Page 3 of 4
include (a) any report published by a trade association that receives renter data and publishes it in an aggregated and anonymous manner or (b) a product used for the purpose of establishing rent or income limits in accordance with the affordable housing guidelines of a local government, the state, the federal government, or other political subdivision.

B. “Competitor data” means information, including information about actual rent prices, occupancy rates, lease start and end dates, and similar data, regardless whether the information is attributable to a specific competitor or anonymized, and regardless whether it is derived from or otherwise provided by another person that competes in the same market or a related market.

13.63.030 Use and sale of coordinated pricing algorithms prohibited .

A. It shall be unlawful to sell, license, or otherwise provide to city of Berkeley landlords any coordinated pricing algorithm that sets, recommends, or advises on rents or occupancy levels that may be achieved for residential dwelling units in the city of Berkeley.

B. It shall be unlawful for a landlord to use a coordinated pricing algorithm described in subsection A when setting rents or occupancy levels for residential dwelling units in the city of Berkeley. Each separate month that a violation exists or continues, and each separate residential dwelling unit for which the landlord used the coordinated pricing algorithm, shall constitute a separate and distinct violation.

13.63.040 Remedies.

A. The City Attorney may file a civil action for violations of section 13.63.030, subsections A and/or B, for damages, injunctive relief, restitution/return of illegal profits, and/or civil penalties of up to $1,000 per violation. The court shall award reasonable attorney’s fees and costs to the city Attorney if the City Attorney is the prevailing party in such a civil action.

B. A tenant may file a civil action for violations of section 13.63.030, subsection B, for injunctive relief, money damages, and/or civil penalties of up to $1,000 per violation.

The court shall award reasonable attorney’s fees and costs to the tenant if the tenant is the prevailing party in such a civil action. A lease provision that limits a prevailing tenant from obtaining attorneys’ fees shall not be enforceable against a tenant’s claim for attorneys’ fees that arises under this subsection 13.63.040 B.

13.63.050 Undertaking for the general welfare.

In enacting and implementing this Chapter 13.63, the City is assuming an undertaking only to promote the general welfare. It is not assuming, nor is it imposing on its officers and employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury.

13.63.060 Severability.

If any part or provision of this Chapter, or the application of this Chapter to any person or circumstance, is held invalid, the remainder of this Chapter, including the application of such part or provision to other persons or circumstances, shall not be

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Ordinance No. 7,974-N.S. Page 4 of 4
affected by such a holding and shall continue in full force and effect. To this end, the provisions of this Chapter are severable.

13.63.070 Effective Date.

The provisions of this Chapter shall not take effect until March 1, 2026.

Section 2. 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 June 24, 2025, this Ordinance was passed to print and ordered published by posting by the following vote:

Ayes: Bartlett, Blackaby, Humbert, Kesarwani, Lunaparra, O’Keefe, Taplin, Tregub, and Ishii.

Noes: None.

Absent: None.

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Ordinance No. 7,975-N.S. Page 1 of 1
ORDINANCE NO. 7,975-N.S.

SETTING THE FISCAL YEAR 2026 SPECIAL TAX RATE TO FUND FIRE PROTECTION

AND EMERGENCY RESPONSE AND PREPAREDNESS (MEASURE GG) IN THE CITY

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

Section 1. The FY 2026 Tax Rate for the Fire Protection and Emergency Response and Preparedness (Measure GG) is set at:
$0.06695 per square foot of improvements for dwellings
$0.10132 per square foot of improvements for all other properties Section 2. The cost to taxpayers during FY 2026 will be $80.34 for a 1,200 square foot dwelling and $200.85 for a 3,000 square foot dwelling.

Section 3. This tax rate will result in estimated total collections of $6,326,071 Section 4. The tax imposed by this ordinance does not apply to any property owner whose total personal income, from all sources for the previous calendar year, does not exceed that level which shall constitute a very low income, as established by resolution of City Council.

Section 5. 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 June 24, 2025, this Ordinance was passed to print and ordered published by posting by the following vote:

Ayes: Bartlett, Blackaby, Humbert, Kesarwani, Lunaparra, O’Keefe, Taplin, Tregub, and Ishii.

Noes: None.

Absent: None.

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Ordinance No. 7,976-N.S. Page 1 of 1
ORDINANCE NO. 7,976-N.S.

SETTING THE FISCAL YEAR 2026 SPECIAL TAX RATE TO FUND FIREFIGHTING,

EMERGENCY MEDICAL RESPONSE AND WILDFIRE PREVENTION (MEASURE FF)

IN THE CITY OF BERKELEY
BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. The FY 2026 tax rate to provide for the costs incurred for the firefighting, emergency medical response and wildfire prevention (Measure FF) is set at 0.1299 per square foot of improvements.

Section 2. The cost to taxpayers during FY 2026 will be $155.88 for a 1,200 square foot dwelling and $389.70 for a 3,000 square foot dwelling.

Section 3. This tax rate will result in estimated total collections of $10,969,060.

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

At a regular meeting of the Council of the City of Berkeley held on June 24, 2025, this Ordinance was passed to print and ordered published by posting by the following vote:

Ayes: Bartlett, Blackaby, Humbert, Kesarwani, Lunaparra, O’Keefe, Taplin, Tregub, and Ishii.

Noes: None.

Absent: None.

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Ordinance No. 7,977-N.S. Page 1 of 8
ORDINANCE NO. 7,977-N.S.

ADOPTING THE ANNUAL APPROPRIATIONS ORDINANCE BASED ON THE ADOPTED BUDGET FOR FISCAL YEAR 2026 AS PROPOSED BY THE CITY

MANAGER AND PASSED BY THE CITY COUNCIL
BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. That the Annual Appropriations Ordinance based on the budget for FY 2026 submitted by the City Manager and passed by the City Council be adopted as follows and as summarized in Exhibit A:

A. General Fund (Funds 001-099) 331,696,543
B. Special Funds (Funds 100-199) 150,661,423
C. Grant Funds (Funds 300-399) 53,055,771
D. Capital Projects Funds (Funds 500-550) 34,219,807
E. Debt Service Fund (Funds 551-599) 15,010,855
F. Enterprise Funds (Funds 600-669) 161,658,442
G. Internal Service Funds (Funds 146, 670-699) 66,742,557 H. Trust Funds (Funds 701-759) 213,777
H. Successor Agency (Funds 760-769) 57,120
I. Agency Funds (Funds 771-799) 6,880,057
J. Other Funds (Funds 800-899) 9,017,005
K. Total
Total General Fund 331,696,543
Add: Total Other Than General Fund 497,516,815
Gross Revenue Appropriated 829,213,359
Less: Dual Appropriations -77,331,186
Less: Revolving/Internal Service Funds -64,117,711
Net Revenue Appropriated 687,764,462
Section 2. The City Manager is hereby permitted, without further authority from the City Council, to make the following transfers by giving written notice to the Director of Finance:

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Ordinance No. 7,977-N.S. Page 2 of 8
a. From the General Fund to the General Fund – Stability Reserve Fund; Catastrophic Reserve Fund; PERS Savings Fund; Health State Aid Realignment; Fair Election Fund; Capital Improvement Fund; Phone System Replacement; Equipment Replacement Fund; Public Liability Fund; Catastrophic Loss Fund; IT Cost Allocation Fund: Police Employee Retiree Health Assistance Plan; Safety Members Pension Fund; Marina Fund; Measure U1; and Sick Leave Entitlement Fund.
b. To the General Fund from the General Fund – Stability Reserves Fund; Catastrophic Reserves Fund; Community Development Block Grant Fund; Street Lighting Assessment District Fund; Zero Waste Fund; Marina Operations and Maintenance Fund; Sanitary Sewer Operation Fund; Clean Storm Water Fund; Permit Service Center Fund; Parking Meter Fund; Unified Program (CUPA); and Health State Aid Realignment Fund; Measure U1.
c. From GF-Payroll Deduction Trust Fund to Employee Training Fund; General Fund d. To the First Source Fund from the Parks Tax Fund; Capital Improvement Fund; and the Marina Fund.
e. From Measure FF – Public Safety Fund to Paramedic Tax Fund f. From Capital Improvement Fund to Berkeley Repertory Theater Fund; and 2010 COP (Animal Shelter) Fund.
g. To the Public Art Fund from the Parks Tax Fund; Capital Improvement Fund; and the Marina Fund.
h. To CFD#1 District Fire Protection Bond (Measure Q) from Special Tax Bonds CFD#1 ML-ROOS.
i. To Private Sewer Lateral Fund from Sanitary Sewer Operation Fund. j. To Catastrophic Loss Fund from Permit Service Center Fund. k. To Catastrophic Loss Fund from Unified Program (CUPA) Fund. l. To the Building Purchases and Management Fund from General Fund; Health (General) Fund; Rental Housing Safety Program Fund; Measure B Local Streets & Road Fund; Employee Training Fund; Zero Waste Fund; Sanitary Sewer Operation Fund; Clean Storm Water Fund; Permit Service Center Fund; Off Street Parking Fund; Parking Meter Fund; Unified Program (CUPA) Fund; Building Purchases & Management Fund; Building Maintenance Fund; Central Services Fund; and Health State Aide Realignment Trust Fund.
m. To Equipment Replacement Fund from General Fund; Mental Health Services Act Fund; Health (Short/Doyle) Fund; Vector Control Fund; Paramedic Tax Fund;

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Ordinance No. 7,977-N.S. Page 3 of 8
Playground Camp Fund; State Transportation Tax Fund; Rental Housing Safety Program Fund; Parks Tax Fund; Street Light Assessment District Fund; Zero Waste Fund; Marina Operations/Maintenance Fund; Sanitary Sewer Operation Fund; Clean Storm Water Fund; Permit Service Center Fund; Parking Meter Fund; Equipment Maintenance Fund; Building Maintenance Fund; and Central Services Fund.
n. To the Equipment Maintenance Fund from General Fund; Health (General) Fund; Mental Health Services Act Fund; Health (Short/Doyle) Fund; Vector Control Fund; Paramedic Tax Fund; Library - Discretionary Fund; Playground Camp Fund; State Transportation Tax Fund; Rental Housing Safety Program Fund; Rent Stabilization Board Fund; Parks Ta Fund; Street Light Assessment District Fund; FEMA Fund; Zero Waste Fund; Marina Operations/Maintenance Fund; Sanitary Sewer Operation Fund; Clean Storm Water Fund; Permit Service Center Fund; Off Street Parking Fund; Parking Meter Fund; Equipment Maintenance Fund; Building Maintenance Fund; and Central Services Fund.
o. To the Building Maintenance Fund from the General Fund; Health (General) Fund; Health (Short/Doyle) Fund; Measure B Local Street & Road Fund; Parks Tax Fund; Street Light Assessment District Fund; Zero Waste Fund; Sanitary Sewer Operation Fund; Clean Storm Water Fund; Off Street Parking Fund; Parking Meter Fund; Equipment Maintenance Fund; Building Maintenance Fund; and Mental Health State Aid Realignment Fund.
p. To the Central Services Fund from the General Fund; First Source Fund; Health (Short/Doyle) Fund; Library-Discretionary Fund; Playground Camp Fund; Rent Stabilization Board Fund; Zero Waste Fund; Marina Operations/Maintenance Fund; Sanitary Sewer Operation; Building Purchases & Management Fund; Building Maintenance Fund; Central Services Fund; and Mental Health State Aid Realignment Fund.
q. To Information Technology Cost Allocation Plan Fund from General Fund; Target Case Management/Linkages Fund; Health (Short/Doyle); Library Fund; Playground Camp Fund; State Transportation Tax Fund; CDBG Fund; Rental Housing Safety Program; Rent Stabilization Board Fund; Parks Tax Fund; Street Light Assessment District Fund; Zero Waste Fund; Marina Operations/Maintenance Fund; Sanitary Sewer Operation; Clean Storm Water Fund; Permit Service Center Fund; Off Street Parking Fund; Parking Meter Fund; Unified Program (CUPA) Fund; Equipment Maintenance Fund; Building Maintenance Fund; Information Technology Cost Allocation Plan Fund; Health State Aid Realignment Trust Fund; and Mental Health State Aid Realignment Fund.
r. To the Workers' Compensation Self-Insurance Fund from General Fund; Special Tax for Severely Disabled Measure E Fund; First Source Fund; HUD Fund; ESGP Fund; Health (General) Fund; Target Case Management/Linkages Fund; Mental

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Ordinance No. 7,977-N.S. Page 4 of 8
Health Service Act Fund; Health (Short/Doyle) Fund; EPSDT Expansion Proposal Fund; Senior Nutrition (Title III) Fund; C.F.P. Title X Fund; Fund Raising Activities Fund; Berkeley Unified School District Grant; Vector Control Fund; Paramedic Tax Fund; Alameda County Grants Fund; Senior Supportive Social Services Fund; Family Care Support Program Fund; Domestic Violence Prevention – Vital Statistics Fund; Affordable Housing Mitigation; Inclusionary Housing Program; Library – Discretionary Fund; Playground Camp Fund; Community Action Program Fund; State Proposition 172 Public Safety Fund; State Transportation Tax Fund; CDBG Fund; Rental Housing Safety Program; Measure B Local State & Road Fund; Measure B Bike & Pedestrian Fund; Measure B – Paratransit Fund; Measure F Alameda County Vehicle Registration Fee Streets & Roads Fund; Measure BB – Paratransit Fund; Fair Election Fund; Measure U1 Fund; One-Time Grant: No Cap Expense Fund; Rent Stabilization Board Fund; Parks Tax Fund; Measure GG – Fire Prep Tax Fund; Street Lighting Assessment District Fund; Employee Training Fund; Private Percent – Art Fund; Measure T1 – Infrastructure & Facilities Fund; FUND$ Replacement Fund; Capital Improvement Fund; FEMA Fund; CFD #1 District Fire Protect Bond Fund; Special Tax Bonds CFD#1 ML-ROOS Fund; Shelter+Care HUD Fund; Shelter+Care County Fund; Zero Waste Fund; Marina Operations/Maintenance Fund; Sanitary Sewer Operation Fund; Clean Storm Water Fund; Private Sewer Lateral Fund; Permit Service Center Fund; Off-Street Parking Fund; Parking Meter Fund; Unified Program (CUPA) Fund; Building Purchases & Management Fund; Equipment Replacement Fund; Equipment Maintenance Fund; Building Maintenance Fund; Central Services Fund; Workers’ Compensation Fund; Public Liability Fund; Information Technology Cost Allocation Plan Fund; Health State Aid Realignment Trust Fund; Tobacco Control Trust Fund; Mental Health State Aid Realignment Fund; Alameda Abandoned Vehicle Abatement Authority; and Bio-Terrorism Grant Fund.
s. To the Sick Leave and Vacation Leave Accrual Fund from General Fund; Special Tax for Severely Disabled Measure E Fund; First Source Fund; HUD Fund; ESGP Fund; Health (General) Fund; Target Case Management/Linkages Fund; Mental Health Service Act Fund; Health (Short/Doyle) Fund; EPSDT Expansion Proposal Fund; Senior Nutrition (Title III) Fund; C.F.P. Title X Fund; Fund Raising Activities Fund; Berkeley Unified School District Grant; Vector Control Fund; Paramedic Tax Fund; Alameda County Grants Fund; Senior Supportive Social Services Fund; Family Care Support Program Fund; Domestic Violence Prevention – Vital Statistics Fund; Affordable Housing Mitigation; Inclusionary Housing Program; Library – Discretionary Fund; Playground Camp Fund; Community Action Program Fund; State Proposition 172 Public Safety Fund; State Transportation Tax Fund; CDBG Fund; Rental Housing Safety Program; Measure B Local State & Road Fund; Measure B Bike & Pedestrian Fund; Measure B – Paratransit Fund; Measure F Alameda County Vehicle Registration Fee Streets & Roads Fund; Measure BB – Paratransit Fund; Fair Election Fund; Measure U1 Fund; One-Time Grant: No Cap Expense Fund; Rent Stabilization Board Fund; Parks Tax Fund; Measure GG – Fire Prep Tax Fund; Street Lighting Assessment District Fund; Employee Training Fund; Private Percent – Art Fund; Measure T1 – Infrastructure & Facilities

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Ordinance No. 7,977-N.S. Page 5 of 8
Fund; FUND$ Replacement Fund; Capital Improvement Fund; FEMA Fund; CFD #1 District Fire Protect Bond Fund; Special Tax Bonds CFD#1 ML-ROOS Fund; Shelter+Care HUD Fund; Shelter+Care County Fund; Zero Waste Fund; Marina Operations/Maintenance Fund; Sanitary Sewer Operation Fund; Clean Storm Water Fund; Private Sewer Lateral Fund; Permit Service Center Fund; Off-Street Parking Fund; Parking Meter Fund; Unified Program (CUPA) Fund; Building Purchases & Management Fund; Equipment Replacement Fund; Equipment Maintenance Fund; Building Maintenance Fund; Central Services Fund; Workers’ Compensation Fund; Public Liability Fund; Information Technology Cost Allocation Plan Fund; Health State Aid Realignment Trust Fund; Tobacco Control Trust Fund; Mental Health State Aid Realignment Fund; Alameda Abandoned Vehicle Abatement Authority; and Bio-Terrorism Grant Fund.
t. To the Payroll Deduction Trust Fund from General Fund; Special Tax for Severely Disabled Measure E Fund; First Source Fund; HUD Fund; ESGP Fund; Health (General) Fund; Target Case Management/Linkages Fund; Mental Health Service Act Fund; Health (Short/Doyle) Fund; EPSDT Expansion Proposal Fund; Senior Nutrition (Title III) Fund; C.F.P. Title X Fund; Fund Raising Activities Fund; Berkeley Unified School District Grant; Vector Control Fund; Paramedic Tax Fund; Alameda County Grants Fund; Senior Supportive Social Services Fund; Family Care Support Program Fund; Domestic Violence Prevention – Vital Statistics Fund; Affordable Housing Mitigation; Inclusionary Housing Program; Library – Discretionary Fund; Playground Camp Fund; Community Action Program Fund; State Proposition 172 Public Safety Fund; State Transportation Tax Fund; CDBG Fund; Rental Housing Safety Program; Measure B Local State & Road Fund; Measure B Bike & Pedestrian Fund; Measure B – Paratransit Fund; Measure F Alameda County Vehicle Registration Fee Streets & Roads Fund; Measure BB – Paratransit Fund; Fair Election Fund; Measure U1 Fund; One-Time Grant: No Cap Expense Fund; Rent Stabilization Board Fund; Parks Tax Fund; Measure GG – Fire Prep Tax Fund; Street Lighting Assessment District Fund; Employee Training Fund; Private Percent – Art Fund; Measure T1 – Infrastructure & Facilities Fund; FUND$ Replacement Fund; Capital Improvement Fund; FEMA Fund; CFD #1 District Fire Protect Bond Fund; Special Tax Bonds CFD#1 ML-ROOS Fund; Shelter+Care HUD Fund; Shelter+Care County Fund; Zero Waste Fund; Marina Operations/Maintenance Fund; Sanitary Sewer Operation Fund; Clean Storm Water Fund; Private Sewer Lateral Fund; Permit Service Center Fund; Off-Street Parking Fund; Parking Meter Fund; Unified Program (CUPA) Fund; Building Purchases & Management Fund; Equipment Replacement Fund; Equipment Maintenance Fund; Building Maintenance Fund; Central Services Fund; Workers’ Compensation Fund; Public Liability Fund; Information Technology Cost Allocation Plan Fund; Health State Aid Realignment Trust Fund; Tobacco Control Trust Fund; Mental Health State Aid Realignment Fund; Alameda Abandoned Vehicle Abatement Authority; and Bio-Terrorism Grant Fund; PERS Savings; Sick Leave Entitlement.

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Ordinance No. 7,977-N.S. Page 6 of 8
Section 3. Copies of this Ordinance shall be posted for two days prior to adoption in the display case located near the walkway in front of Council Chambers, 2134 Martin Luther King Jr. Way. Within 15 days of adoption, copies of this Ordinance shall be filed at each branch of the Berkeley Public Library and the title shall be published in a newspaper of general circulation.

At a regular meeting of the Council of the City of Berkeley held on June 24, 2025, this Ordinance was passed to print and ordered published by posting by the following vote:

Ayes: Bartlett, Blackaby, Humbert, Kesarwani, Lunaparra, O’Keefe, Taplin, Tregub, and Ishii.

Noes: None.

Absent: None.

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Ordinance No. 7,977-N.S. Page 7 of 8
Attachment for Annual Appropriations Ordinance - Fiscal Year 2026

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

DUAL APPROPRIATIONS - WORKING BUDGET
Dual appropriations are identified with revenues generated by one fund and transferred to another fund. Both funds are credited with the applicable revenue, and the total is reflected in the "Less Dual Appropriations" in item I. The dual appropriations are:

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Ordinance No. 7,977-N.S. Page 8 of 8

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EXHIBIT A
ERMA
Fund # Fund FY 2026
Adopted
11 General Fund Discretionary 311, 435,259
13 G
F - Payroll Deduction Trust 6,750,000
16 Measure U1 - Housing 13,511,284
101 Library - Tax 29,382,885
102 Library - Trans Based 4,000,000
103 Library - Grants 99,884
104 Library - Friends & Gift 222,150
105 Library - Foundation 200,000
106 Asset Forefeiture 61,000
107 Special Tax Measure E 1,882,839
108 Workforce Investment 58,692
110 Sec 108 Loan Gty Asst. 1,183,612
111 Fund Raising Activities 54,789
113 Gilman Sports Field 335,382
115 Animal Shelter 52,480
116 Paramedic Tax 4,894,321
119 Domestic Violence Prev - Vit Stat 32,490
120 Affordable Housing Mitigation 1,925,568
121 Affordable Child Care 13,275
122 Inclusionary Housing Program 438,731
123 Condo Conversion 534,833
125 Playground Camp 4,387,369
126 State-Prop 172 Pub.Safety 448,976
127 State Transportation Tax 7,686,498
128 CDBG 3,076,701
129 Rental Housing Safety Program 2,804,807
130 Measure B - Local St & Road 61,882
131 Measure B - Bike & Pedestrian -
132 Measure B - Paratransit 17,016
133 Measure F Alameda County VRF St & Rd 462,227
134 Measure BB - Local St & Road 7,657,298
135 Meaure BB - Bike & Pedestrian 1,762,862
136 Measure BB - Paratransit 967,484
138 Parks Tax 24,534,028
139 Streets and Open Space Improvement (SOSIP) 250,000
140 Measure GG - Fire Prep Tax 6,289,268
142 Streetlight Assesment District 3,284,660
143 Berkeley Bus Ec Dev 156,387
146 Employee Training 822,177
147 UC Settlement 5,871,394
148 Cultural Trust -
149 Private Party Sidewalks 100,000
150 Public Art Fund 64,367

SUMMARY OF APPROPRIATIONS BY FUND
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EXHIBIT A
ERMA
Fund # Fund FY 2026
Adopted

SUMMARY OF APPROPRIATIONS BY FUND
152 Vital & Health Statistics Trust Fund 30,292
154 PERS Savings 6, 000,000
156 H
lth State Aid Realign Trust 6,844,776
157 Tobacco Cont.Trust 382,250
158 Mental Health State Aid Realign 6,335,939
159 Citizens Option Public Safety Trust 272,448
161 Alameda Cty Abandoned Vehicle Abatement 101,285
164 Measure FF - Public Safety 12,976,348
165 Fair Elections 664,752
166 Measure FF - Street Repair 975,000
301 Operating Grants - Federal 155,304
302 Operating Grants - State 7,723,545
306 Capital Grants - State 750,000
307 Capital Grants - Local 100,000
309 OTS DUI Enforcement Education Prg. 149,321
310 HUD/Home 2,524,030
311 ESG 452,137
312 Health (General) 2,733,843
313 Target Case Management Linkages 1,491,747
315 Mental Health Service Act 11,265,993
316 Health (Short/Doyle) 7,235,143
317 EPSDT Expansion Proposal 669,282
318 Alcoholic Bev Ctr OTS/UC 60,237
319 Youth Lunch 50,838
320 Sr. Nutrition Title III 262,905
321 CFP Title X -
324 BUSD Grant 216,871
325 Vector Control 485,945
326 Alameda County Grants 1,115,784
327 Senior Supportive Social Services 118,794
328 Family Care Support Program 112,253
329 CA Integrated Waste Management 5,244
331 Housing Mitigation 1,362,494
333 CALHOME 221,240
334 CSBG 291,358
336 One-Time Grant: No Cap Exp 758,064
339 MTC 752,827
340 FEMA 2,869,444
341 Alameda Cty Waste Mgt. 345,000
343 State Dept Conserv/Recylg 32,000
347 Shelter+Care HUD 7,334,881
348 Shelter+Care County 1,041,448
349 JAG Grant 60,759
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EXHIBIT A
ERMA
Fund # Fund FY 2026
Adopted

SUMMARY OF APPROPRIATIONS BY FUND
350 Bioterrorism Grant 307,040
354 ARPA - Local Fiscal Recovery Fund -
501 Capital Improvement Fund 18,155,130
502 Phone System Replacement 449,408
503 FUND$ Replacement 3,065,223
504 PEG-Public, Education & Government 267,210
511 Measure T1 - Infra & Facil. 4,106,327
512 Measure O 8,176,509
552 09 Measure FF Debt Service 1,330,513
553 2015 GORBS 2,043,981
554 2012 Lease Revenue Bonds BJPFA 499,849
555 2015 GORBS - 2002 G.O. Refunding Bonds 378,696
556 2015 GORBS (2007, Series A) 142,312
557 2015 GORBS (2008 Measure I) 479,416
558 2010 COP (Animal Shelter) 140,085
559 Measure M GO Street & Water Imps 1,639,250
560 Infrastucture & Facilities Measure T1 3,755,881
561 Measure O - Housing Bonds 4,600,873
601 Zero Waste 61,614,928
608 Marina Operation 7,663,273
611 Sewer 33,533,465
612 Private Sewer Lateral FD 80,849
616 Clean Storm Water 8,598,338
621 Permit Service Center 27,883,725
622 Unified Program (CUPA) 1,021,938
627 Off Street Parking 7,203,523
631 Parking Meter 10,178,760
636 Building Purchases and Management 3,879,644
671 Equipment Replacement 6,536,146
672 Equipment Maintenance 10,385,092
673 Building Maintenance Fund 5,518,650
674 Central Services 411,006
676 Workers Compensation 11,788,212
678 Public Liability 3,760,097
679 Catastrophic Loss 3,447,023
680 IT Cost Allocation 24,896,332
706 Police Medical Trust Fund 48,281
721 Retiree Medical Trust Fund - BHA 2,970
722 Retiree Medical Trust Fund - IBEW 2,563
723 Retiree Medical Trust Fund - Local 1 22,595
724 Retiree Medical Trust Fund - Z1 Mgmt. 4,000
725 Retiree Medical Trust Fund - Z2 To Z6 12,000
726 Retiree Medical Trust Fund - Local 535 32,191
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EXHIBIT A
ERMA
Fund # Fund FY 2026
Adopted

SUMMARY OF APPROPRIATIONS BY FUND
727 Retiree Medical Trust Fund - Local 790 37,106
731 Police EE Retiree Health Ast Plan 6, 500
736 Fi
re Medical Trust Fund 45,571
762 Successor Agency - Savo DSF 57,120
776 Thousand Oaks Underground 100,096
777 Measure H - School Tax 500,000
778 Measure Q - CFD#1 Dis. Fire Protect Bond 107,904
779 Spl Tax Bds. CFD#1 ML-ROOS 778,589
780 Sick Leave Entitlement 322,955
781 Berkeley Tourism BID 2,209,676
782 Elmwood Business Improvement District 59,950
783 Solano Ave BID 40,445
784 Telegraph Avenue Bus. Imp. District 826,643
785 North Shattuck BID 334,076
786 Downtown Berkeley Prop & Improv. District 1,599,725 801 Rent Board 9,017,005
GROSS EXPENDITURE: 829,213,359
Dual Appropriations (77,331,186)
Revolving & Internal Service Funds (64,117,711)

NET EXPENDITURE: 687,764,462
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CITY ATTORNEY

CONSENT CALENDAR
July 8, 2025
To: Honorable Mayor and Members of the City Council
From: Farimah Faiz Brown, City Attorney
Submitted By: Farimah Faiz Brown, City Attorney
Subject: At-Will Designation: Assistant City Attorney

RECOMMENDATION
Adopt (1) first reading of an Ordinance amending Berkeley Municipal Code Section 4.04.120(A) to designate the unrepresented classification of Assistant City Attorney as at-will and adopt a Resolution amending the Unrepresented Employee Manual and all other pertinent documents to effectuate the change.

FISCAL IMPACT
There is no direct fiscal impact at this time.

CURRENT SITUATION AND ITS EFFECTS
The unrepresented classification of Assistant City Attorney is designated as career, even though the job responsibilities revolve around legal work under the City Attorney in a manner aligned with their work priorities and strategic plan. The classification of Assistant City Attorney was designed to mirror that of Assistant City Manager, which is an at-will position; however, the class was established without the intended exemption from career status.

BACKGROUND
These requests were considered by the Personnel Board at its meeting of June 2, 2025, and approved unanimously.

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

RATIONAL FOR RECOMMENDATION
The nature of the Assistant City Attorney classification – which is unrepresented – warrants the designation as at-will, given how aligned the work must be with the policies and strategies of the City Attorney they perform legal work under.

ALTERNATIVE ACTIONS CONSIDERED
None.

CONTACT PERSON
Farimah F. Brown, City Attorney, (510) 981-6950
Janelle Rodrigues, Director of Human Resources, (510) 981-6807 Attachments:
1: Ordinance
2: Resolution

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ORDINANCE NO. #,###-N.S.

AMENDING BERKELEY MUNICIPAL CODE CHAPTER 4.04.120 TO UPDATE SECTION 4.04.120

EXEMPTIONS FROM CAREER SERVICE (AT-WILL EMPLOYEES)
BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. That Section 4.04.120(A) of the Berkeley Municipal Code is amended to read as follows:

4.04.120 Exemption from career service (At-will employees).

The provisions of this chapter shall apply to all positions in the service of the City except:

A. The City Manager, Assistant City Manager, Deputy City Manager, Assistant City Attorney, Assistant to the City Manager, Assistant to the City Attorney, Police Review Commission Officer, Police Review Commission Investigator, Budget Manager, Assistant to the Mayor, Capital Improvement Programs Manager, Economic Development Manager, and Legislative Aide, and Employee Relations Manager;
B. Assistant, Associate and Senior Management Analyst when appointed to the City Manager's Department or to the budget unit of the Management and Administrative Services Agency; and Secretary to the Mayor, Administrative Secretary and Secretary when appointed to the Mayor's office;
C. All department heads, health officer, and supervising psychiatrist; D. Persons employed seasonally in the summer camps;
E. Persons employed as reserve or emergency employees during the period of national emergency as provided in the ordinance creating such employment;
F. All persons who are paid at an hourly rate with the exception of library aides. Persons appointed as hourly library aides shall be part of the career service with the exception of those hired to fill temporary positions of six months or less. Persons appointed to these positions which are exempt from the career service shall serve at the pleasure of the appointing authority and may be demoted, suspended, or otherwise rejected at any time without cause and without right of appeal or hearing in any manner. Except that, any employee in the career service promoted or transferred to a position not included in the career service and made exempt from the career service shall be reinstated to their career appointment from which they were promoted or transferred if within six months of appointment to a position not included in the career service, action is taken to dismiss them, unless charges are filed and the employee is discharged in accordance with this chapter and the rules established hereunder for positions in the career service. All employments designated in this section shall be entitled to only those benefits provided for at-will employees in the personnel rules and regulations or in applicable memoranda agreements.

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

DESIGNATING THE UNREPRESENTED CLASSIFICATION OF

ASSISTANT CITY ATTORNEY AS AT-WILL
WHEREAS, the Human Resources Department maintains the Classification and Compensation plan for the City of Berkeley; and
WHEREAS, the unrepresented classification of Assistant City Attorney is currently designated as career, even though the job responsibilities revolve around legal and analytical support for the City Attorney in a manner aligned with their work priorities and strategic plan; and WHEREAS, the Assistant City Attorney was designed to mirror that of the Assistant City Manager, which is an at-will classification.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that upon the effective date of the accompanying Ordinance amending Berkeley Municipal Code 4.04.120(A) to designate the unrepresented classification Assistant City Attorney as at will, the Unrepresented Employee Manual and all other pertinent documents shall be amended to effectuate the change.

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

CONSENT CALENDAR
July 8, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Henry Oyekanmi, Director, Finance Department Subject: Contracts: Financial Consulting Services

RECOMMENDATION
Adopt three Resolutions authorizing the City Manager to approve contracts and any amendments with the following firms that provide temporary governmental financial consulting services as required by the Finance Department.

1. Contract No. 32200214 Amendment: RLH & Associates. in an amount not to exceed $300,000; and

2. Contract No. 32500185 Amendment: Ezer Consulting, LLC in an amount not to exceed $150,000; and

3. Contract: GD Financials in an amount not to exceed $150,000

FISCAL IMPACTS OF RECOMMENDATION
The following outlines the not to exceed amount for each of the contracts recommended to the City Council for approval:
 RLH and Associates - $300,000
 Ezer Consulting, LLC - $150,000
 GD Financials - $150,000
The source of funds for all of these contracts is the General Fund.

CURRENT SITUATION AND ITS EFFECTS
There are several projects that are in progress or about to commence in the Finance Department including new GASB implementation and fiscal continuing disclosures. Two managerial positions remain unfilled and there are other nine positions vacant as well.

The quantity and importance of the department’s projects, combined with the unfilled positions, requires the assistance of a temporary consultant that will help to augment available resources until these vacant positions are filled.

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Contracts: Financial Consulting Services CONSENT CALENDAR July 8, 2025

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Some examples of forthcoming projects include:

Provide technical guidance with difficult, professional financial tasks; research issues, perform complex financial analyses; and support the preparation of comprehensive reports, including the Annual Financial Report in a Government Accounting Standards Board (GASB – Statement 34) compliant environment; Study and evaluate new GASB – Statements that needs to be implemented, and provide a written summary for presentation to the Director of Finance; and in training format for delivery to Accounting department staff; Review and perform edits of the complete Annual Financial Report, using the Governmental Finance Officers Association (GFOA) checklist; Act in an advisory capacity to the Accounting Division to: conduct or support financial studies; develop and review reports of findings, alternatives and recommendations; and ensure the timely, accurate and professional completion of necessary financial reports, research, analyses, plans and publications; Perform investment research and provide investment alternatives based on the City’s investment policies;
Provide advice as to the effect of current and proposed state legislation, assist in the identification of financing alternatives and recommend adjustments where appropriate;
Assist City staff with potential refunding and new money issues, including but not limited to analyses and evaluations of underwriting proposals, financing structure, pricing rating and insurance proposals, reserve fund (re)investment, assistance with preparation and review of related documents, and coordination of financing schedules;
Assist with all necessary review and analysis of Bond offerings and implementation of Bond Measures as required by the Director of Finance; Provide other financial services as requested which may include bond debt refinancing, and new debt issuance for major projects and help with the preparation of bond rating agency calls;
Attend and participate in meetings with independent auditors as well as the Single Audit meeting with City departmental staff as needed; and

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Contracts: Financial Consulting Services CONSENT CALENDAR July 8, 2025

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Perform any other professional Accounting and Financial services as requested by the Director of Finance.

BACKGROUND
A combination of factors has made hiring for the eleven open positions in the Finance Department difficult. The labor market has a shortage of governmental financial staff, in part due to the pandemic, and also due to the number of agencies throughout the state that are hiring for similar financial positions. When the Department has recruited to fill vacant positions, including the currently open General Services Manager and Accounting Manager positions, applicants did not possess the required levels of knowledge, skills, and abilities for managing the projects in demand. Additionally, the Finance Department attempted a temporary fill of these positions and was unable to source fully-qualified financial managers after reviewing dozens of resumes through several rounds of temporary recruitments. While the vacant managerial positions strain the Department’s ability to manage projects it is also the quantity of Finance Department vacancies that effect our ability to compile the data, run analyses, and write the necessary financial reports needed for the aforementioned projects.

Given the challenges in filling vacant positions, the Finance Department chose to administer a Request for Proposals to the open market to ensure an individual or firm could be contracted to manage the list of projects. The projects in need of managing are numerous and require a highly-skilled governmental financial manager to move them forward.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Much of the work to be done can be accomplished remotely, thereby reducing any contribution to vehicle start-ups and freeway or city street congestion. Additionally, drafts and final reporting can be submitted electronically which reduces the impact of purchasing consumable items, such as paper and toner.

RATIONALE FOR RECOMMENDATION
Request for Proposals number 21-11441-C was developed by the Finance Department and RLH & Associates was deemed to be the best value to the City. Additionally, A proposal for Financial Services and Staffing Augmentation was developed and two proposals were received in response, Ezer Consulting and GD Financials. Staff reviewed the proposals and determined that both Ezer Consulting and GD Financials are highly qualified and capable of delivering the services and project support needed by the City.

ALTERNATIVE ACTIONS CONSIDERED
The Finance Department enlisted the services of a temporary staffing agency to source the broader market for governmental financial managers. Those efforts did not produce a list of candidates meeting department requirements.

CONTACT PERSON
Henry Oyekanmi, Director of Finance 510-981-7324

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Contracts: Financial Consulting Services CONSENT CALENDAR July 8, 2025

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Attachments:

1. Resolution – Contract No. 32200214 Amendment: RHL & Associates

2. Resolution – Contract No. 32500185 Amendment: Ezer Consulting, LLC

3. Resolution – Contract: GD Financials

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Contracts: Financial Consulting Services CONSENT CALENDAR July 8, 2025

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

CONTRACT NO. 32200214 AMENDMENT: RLH & ASSOCIATES TO PROVIDE

CONSULTING SERVICES
WHEREAS, the Finance Department is faced with numerous important projects impacting accounting, revenue, investing, forecasting, and reporting, while at the same time having difficulty filling the open position that would manage these projects to completion; and WHEREAS, there are municipal financial consultants in the market with knowledge and experience to handle and complete these projects; and
WHEREAS, the City administered Request for Proposals specification number 21-14441- C seeking a governmental finance department consultant; and WHEREAS, two responses received to this Request for Proposals, were subsequently reviewed, scored, and ranked by the RFP review committee, and a recommendation was put forward to the Director of Finance; and
WHEREAS, RLH & Associates earned the most points from the review committee, and offered the most beneficial pricing to the City.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to execute an amendment to Contract No. 32200214 with RLH & Associates to provide consulting services as needed by the Finance Department for an additional amount of $300,000, for a total contract amount not to exceed $450,000, and extending the term through June 30, 2028.

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Contracts: Financial Consulting Services CONSENT CALENDAR July 8, 2025

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

CONTRACT NO. 32500185 AMENDMENT: EZER CONSULTING, LLC TO PROVIDE

CONSULTING SERVICES
WHEREAS, the Finance Department is faced with numerous important projects impacting accounting, revenue, investing, forecasting, and reporting, while at the same time having difficulty filling the open position that would manage these projects to completion; and WHEREAS, there are municipal financial consultants in the market with knowledge and experience to handle and complete these projects; and
WHEREAS, a Proposal for Financial Services and Staffing Augmentation was developed and two proposals were received in response. Ezer Consulting and GD Financials. Staff reviewed the proposals and the two proposals were accepted and services provided by both consultants.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to execute an amendment to Contract No. 32500185 with Ezer Consulting, LLC to provide consulting services as needed by the Finance Department for an additional amount of $150,000, for a total contract amount not to exceed $200,000, and extending the term through June 30, 2028.

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Contracts: Financial Consulting Services CONSENT CALENDAR July 08, 2025

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

CONTRACT: GD FINANCIALS TO PROVIDE CONSULTING SERVICES
WHEREAS, the Finance Department is faced with numerous important projects impacting accounting, revenue, investing, forecasting, and reporting, while at the same time having difficulty filling the open position that would manage these projects to completion; and WHEREAS, there are municipal financial consultants in the market with knowledge and experience to handle and complete these projects; and
WHEREAS, a Proposal for Financial Services and Staffing Augmentation was developed and two proposals were received in response, Ezer Consulting and GD Financials. Staff reviewed the proposals and the two proposals were accepted and services provided by both consultants.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to execute a professional services contract, including any amendments, with GD Financials to provide consulting services as needed by the Finance Department for a not to exceed amount of $150,000 for an initial term of three years, budgeted in the General Fund.

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

CONSENT CALENDAR
July 8, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Henry Oyekanmi, Director, Finance
Subject: Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on July 8, 2025

RECOMMENDATION
Approve the request for proposals or invitation for bids (attached to staff report) that will be, or are planned to be, issued upon final approval by the requesting department or division.  All contracts over the City Manager’s threshold will be returned to Council for final approval.

FISCAL IMPACTS OF RECOMMENDATION
Total estimated cost of items included in this report is $1,210,000 PROJECT Fund Source Amount
Desk Audits, Classification &
Compensation Studies,
Investigations and Skelly Meetings
011 General Fund $250,000
Fire Department Administrative
Surge Staffing 164 Measure FF – Public Safety
$960, 000
(over four
FYs)
Total: $1,210,000

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

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Formal Bid Solicitations and Request for Proposals Consent Calendar Scheduled for Possible Issuance After Council July 8, 2025 Approval on July 8, 2025

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

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

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

ALTERNATIVE ACTIONS CONSIDERED
None.

CONTACT PERSON
Roopreet Walia-Soorma, Senior Buyer, Finance, 510-981-7311 Attachments:
1: Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on July 8, 2025
a. Looking for a vendor that will assist the Human Resources department with Desk Audits, Classifications and Compensation Studies, Investigations and Skelly Meetings.
b. Fire Department Administrative Staffing Surge.

Note: Original of this attachment with live signature of authorizing personnel is on file in General Services.

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NEXT 30 DAYS
DATE SUBMITTED: June 17, 2025
Attachment 1

SPECIFICATION
NO.

DESCRIPTION OF

GOODS /

SERVICES BEING

PURCHASED
APPROX. RELEASE
DATE
APPROX. BID

OPENING DATE

INTENDED USE ESTIMATED COST BUDGET CODE TO BE

CHARGED
DEPT. / DIVISION CONTACT NAME &
PHONE
25-11741-C Desk Audits,
Classification &
Compensation
Studies,
Investigations and
Skelly Meetings
7/9/25 8/7/2025 The City is looking for a
vendor that will assist the
Human Resources department
with Desk Audits,
Classifications and
Compensation Studies,
Investigations and Skelly
Meetings
$250,000.00 for a
5 year contract
011-34-341-000-0000-000-
412-612990
Human Resources Benita Torres 510-981-
6809
Dept Total $250,000
25-11742-C Fire Department
Administrative
Surge Staffing
7/9/25 8/7/2025 1. Fill intrerim vacancies in
established classifications.

2. Provide subject matter
experts for specialized
initiatives.

3. Support divisions during
peak workload periods.

4. Facilitate knowledge
transfer in technical areas
$960,000 (over
four FYs)
164-72-742-834-0000-000-
422-612990
Fire/Suppression David Sprauge
510-981-3473
Dept Total $960,000
TOTAL $1,210,000
1 of 1

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

CONSENT CALENDAR
July 8, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: David Sprague, Fire Chief
Subject: Grant Application: California Fire Safe Council (CFSC) Grant to continue funding an Alameda County Coordinator

RECOMMENDATION
Adopt a Resolution authorizing the City Manager or designee to apply for and accept a grant, and any amendments for not more than $225,000 per year in Fiscal Year (FY) 25, FY26 and FY27, from the California Fire Safe Council (CFSC) Grant to contract a county coordinator to serve Alameda County communities, provide resources and education on wildfire safety, promote collaboration, assist local groups with funding opportunities, and aid multi-jurisdictional planning.

FISCAL IMPACTS OF RECOMMENDATION
The Fire Department (Department) will apply for and receive no more than $225,000 each FY. There is no requirement for matching funds, and this grant will have no negative impact on the City’s budget.

CURRENT SITUATION AND ITS EFFECTS
The Department requested and received funding for a County Coordinator for Alameda County in FY24. The CFSC requires that applicants request a new grant for the program every one to two fiscal years. The Department is seeking approval to continue providing this service to the region and thus, is proposing to re-apply for another award.

This grant supports the City’s Strategic Plan’s goals and objectives as follows:
 Goal 1: Create a resilient, safe, connected, and prepared City  Goal 2: Be a customer-focused organization that provides excellent, timely, easily- accessible service and information to the community.

During the second year of the program Alameda County Residents will benefit from the following expanded services:

1. Build a census of all active wildfire mitigation groups, contact points, collaboration efforts, and projects in Alameda County.

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Grant Application: California Fire Safe Council (CFSC) CONSENT CALENDAR July 8, 2025

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2. Analyze gaps in county-wide wildfire resiliency and emergency preparedness and develop recommendations to fill these needs.

3. Develop mechanisms to improve outreach and coordination efforts, such as group formation, funding plans, governance structures, and state/regional/local planning efforts.

BACKGROUND
California Fire Safe Council funds county coordinator positions and Alameda County is one of six counties that did not have a Coordinator position prior to FY25.

The position is housed within Department and actively coordinates and collaborates with county-wide community groups, fire councils, HOAs, and other mitigation support groups. This grant may also fund a third-party contractor to manage planning activities, fund technology-related costs, and travel costs for the coordinator’s training.

The Alameda County Board of Supervisors passed a resolution in support of the Department hosting this regional position.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Ensuring the Department is maximizing available resources and working with other county coordinators to collaborate on regional mitigation activities will help sustain the local environment and mitigate the potential of fire, mudslides, and other catastrophic impacts associated with the overgrowth of vegetation and loss of habitat post-wildfire.

RATIONALE FOR RECOMMENDATION
The Department identified this opportunity several years ago; however, no other jurisdiction applied on behalf of Alameda County. Approving this funding will allow the Department to continue to support improved communication and collaboration to reduce wildfire risk throughout Alameda County.

ALTERNATIVE ACTIONS CONSIDERED
None.

CONTACT PERSON
Shanalee Gallagher, Principal Program Manager, 510-981-3473 Attachments:
1: Resolution

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

GRANT APPLICATION: CALIFORNIA FIRE SAFE COUNCIL (CFSC) GRANT TO

ESTABLISH AN ALAMEDA COUNTY COORDINATOR
WHEREAS, the California Fire Safe Council funds County Coordinator positions and Alameda County was one of six counties that did not have a Coordinator position; and WHEREAS, the Berkeley Fire Department applied for and received funding from the California Fire Safe Council (CFSC) in FY24 to contract a county coordinator to serve Alameda County communities, provide resources and education on wildfire safety, promote collaboration, assist local groups with funding opportunities, and aid multi- jurisdictional planning; and
WHEREAS, Department is seeking authority to reapply for the grant in Fiscal Year (FY) 25, FY26 and FY27 to continue providing this important service to the region.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager or his designee is authorized to apply for and accept a grant, and any amendments for not more than $225,000 per year in FY25, FY26 and FY27, from the California Fire Safe Council (CFSC) Grant to contract a county coordinator to serve Alameda County communities, provide resources and education on wildfire safety, promote collaboration, assist local groups with funding opportunities, and aid multi- jurisdictional planning.

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Office of the City Manager

CONSENT CALENDAR
July 8, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Janelle Rodrigues, Director of Human Resources Subject: Amend SEIU-CSU MOU Exhibits A-D with Updated Hourly Pay Rates

RECOMMENDATION
Adopt a Resolution amending the Service Employees International Union (SEIU) Local 1021, Service Employees International Union Local 1021 Community Services & Part-Time Recreation Leaders Association (“Union”) Memorandum of Understanding (“MOU”) Exhibits A, B, C, and D (Salary Ranges) with updated hourly pay rates.

FISCAL IMPACTS OF RECOMMENDATION
The fiscal impact using the compounded methodology and the additive methodology on the current impacted employees represents approximately $7,500 annually.

CURRENT SITUATION AND ITS EFFECTS
During the last round of labor negotiations with SEIU-CSU, in addition to 6% Cost of Living Adjustments (COLAs), the City authorized various equity increases for certain public health classifications including:
 Advanced Practice Provider;
 Public Health Nurse;
 Mental Health Nurse;
 Psychiatrist;
 Registered Nurse; and
 Senior Public Health Nurse.

The COLAs and the equity increases were authorized to occur on the same date, December 8, 2024. The City and Union have entered into a non-precedent setting side letter agreement to apply the equity increases first, followed by the six percent (6%) COLA increase to the newly adjusted “equity” salary in order to determine the new pay rate. Impacted employees shall receive compensation retroactive to December 8, 2024, for the discrepancy in pay.

BACKGROUND
Historically, when COLAs and equity increases occur on the same date, the City has used the additive methodology (adding COLA and equity together) rather than the compounding (applying one after the other). The City and Union have met and conferred and reached agreement on this Side Letter Agreement to the Memorandum of Understanding concerning the public health equity increases

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negotiated in the 2024 round of bargaining and the methodology for their calculation in relation to the concurrent Cost of Living Adjustment (COLA) of six percent (6%). The parties agree that this arrangement and method of calculation will not set a precedent.

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

RATIONALE FOR RECOMMENDATION
The City and Union have entered into a non-precedent setting side letter agreement to apply the equity increases before the COLA.

ALTERNATIVE ACTIONS CONSIDERED
None.

CONTACT PERSON
Janelle Rodrigues, Director of Human Resources, (510) 981-6807.

ATTACHMENTS

1. Resolution
Exhibit A: Side Letter
Exhibit B: Exhibits A-D, Service Employees International Union Local 1021 Community Services & Part-Time Recreation Leaders Association, Memorandum of Understanding

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

AMEND SEIU-CSU MOU EXHIBITS A, B, C, AND D (SALARY RANGES)

WITH UPDATED HOURLY PAY RATES
WHEREAS, during the last round of labor negotiations with Service Employees International Union Local 1021 Community Services & Part-Time Recreation Leaders Association (“Union”), in addition to 6% Cost of Living Adjustments (COLAs), the City authorized various equity increases for certain public health classifications; and
WHEREAS, the COLAs and the equity increases were authorized to occur on the same date, December 8, 2024; and
WHEREAS, historically, when COLAs and equity increases occur on the same date, the City has used the additive methodology (adding COLA and equity together) rather than the compounding (applying one after the other); and
WHEREAS, the City and Union have met and conferred and reached agreement on this Side Letter Agreement to the Memorandum of Understanding concerning the public health equity increases negotiated in the 2024 round of bargaining and the methodology for their calculation in relation to the concurrent COLA of six percent (6%); and
WHEREAS, the City and Union have entered into a non-precedent setting side letter agreement to apply the equity increases first, followed by the six percent (6%) COLA increase to the newly adjusted “equity” salary in order to determine the new pay rate; and
WHEREAS, impacted employees shall receive compensation retroactive to December 8, 2024, for the discrepancy in salaries.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the equity increases for certain public health classifications will be applied first, followed by the six percent (6%) COLA increase to the newly adjusted “equity” salary in order to determine the new pay rate; and BE IT FURTHER RESOLVED that the Service Employees International Union Local 1021 Community Services & Part-Time Recreation Leaders Association, Memorandum of Understanding, will be updated with attached Salary Range Exhibits A – D.

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EXHIBIT A

SIDE LETTER AGREEMENT

BETWEEN THE CITY OF BERKELEY AND
SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 1021 COMMUNITY SERVICES AND

PART-TIME RECREATION ACTIVITY LEADERS

The parties to this Side Letter Agreement are the City of Berkeley (the “City”) and Service Employees International Union Local 1021 Community Services and Part-Time Recreation Activity Leaders (the “SEIU CSU”).

The City and SEIU CSU have met and conferred and reached agreement on this Side Letter Agreement to the Memorandum of Understanding concerning the public health equity increases negotiated in the 2024 round of bargaining and the methodology for their calculation in relation to the concurrent Cost of Living Adjustment (COLA) of six percent (6%).

The parties hereby concur on the following provisions:

1. The concurrent equity salary increases, along with the initial COLA increase of the contract effective upon ratification, shall be calculated on a compound basis. The equity increases will be applied first, followed by the six percent (6%) COLA increase to the newly adjusted “equity” salary in order to determine the new pay rate.

2. All impacted employees shall receive retroactive compensation for the period between the ratification of the contract and the ratification of this Side Letter Agreement accounting for the discrepancy in salaries.

3. The parties agree that this arrangement and method of calculation will not set a precedent.

4. The SEIU CSU Memorandum of Understanding will be updated with attached Salary Range Exhibits A – D.

5. This side letter shall sunset with the current contract and will expire on June 26, 2027.

WHEREFORE, the parties, by and through their authorized agents and representatives, hereby agree to the terms of this Side Letter Agreement, contingent upon the adoption or ratification of this Agreement by the City Council of the City of Berkeley and the 2024-2027 Memorandum of Understanding being fully signed by SEIU CSU and the City.

AGREED TO FOR THE CITY: AGREED TO FOR THE UNION:
_________________________ __________________________
Paul Buddenhagen Julio Corral
City Manager Labor Representative, SEIU CSU
APPROVED AS TO FORM:
________________________
Farimah Faiz Brown
City Attorney

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2024-2027 Memorandum Agreement
SEIU Local 1021 Community Services & PTRLA City of Berkeley 108
Exhibit A – Salary Ranges as of December 8, 2024
(6.0% Salary Increase)
JOB
CLASS
REP
UNIT CLASSIFICATION TITLE FLSA STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP
7 2000 L Accountant I N 41.5770 43.3596 45.1147 46.9982 49.0745 2002 L Accountant II N 51.8351 54.0977 56.5435 58.9705 61.5508 2088 L ADA Program Coordinator N 57.0202 60.0018 62.9834 65.9651 68.9467 2009 L Applications Programmer
Analyst I N 50.4061 52.5550 54.9140 57.3329 59.8118 2010 L Applications Programmer
Analyst II N 55.0040 57.4328 60.0217 62.7303 65.5693 2012 L Architect E 62.5306 65.5193 68.6876 71.9860 75.3942 2030 L Assistant Architect E 53.5947 56.0436 58.7222 61.5812 64.6094 2034 G1 Assistant Environmental
Health Specialist N 0.0000 0.0000 44.0493 46.4081 48.2568 9012 L Assistant Inspector N 39.9705 41.7033 43.5978 45.4355 47.4193 2038 L Assistant Management
Analyst N 41.5505 43.3498 45.1083 46.9676 49.0469 5004 G1 Assistant Mental Health
Clinician N 34.9636 36.2028 37.3626 38.6718 40.6212 2042 L Assistant Planner N 41.8099 43.6492 45.4087 47.3277 49.3767 2018 L Associate Management
Analyst N 51.8351 54.0976 56.5435 58.9705 61.5509 2022 L Associate Planner N 50.4863 52.7151 54.8540 57.3028 59.9316 2052 L Auditor I N 41.5770 43.3596 45.1147 46.9982 49.0745 2054 L Auditor II N 51.8351 54.2808 56.6014 59.0377 61.5509 2056 IA Automation Librarian N 50.2464 52.5851 55.0638 57.7026 60.5315 2058 G1 Behavioral Health Clinician I E 44.4807 46.3460 48.2478 50.1867 52.1713 2060 G1 Behavioral Health Clinician
II E 48.9922 50.9402 52.9521 55.0655 57.2248
3000 L Building Inspector I
(Certified) N 49.3465 51.4856 53.8245 56.0933 58.5423 3004 L Building Inspector II N 50.8458 53.0452 55.4538 57.7926 60.3215 3005 L Building Inspector II
(Certified) N 52.8951 55.1640 57.6729 60.1119 62.7404 3008 L Building Plans Examiner N 52.8951 55.1640 57.6729 60.1119 62.7404 2066 L Buyer N 44.4491 46.4282 48.2673 50.2863 52.4551 9000 IA Central Library Circulation
Supervisor N 39.3513 41.0203 42.7899 44.6389 46.9577 2070 G1 Clinical Psychologist E 54.1944 56.3034 58.5321 60.8214 63.2700 3015 L Code Enforcement Officer I N 39.0816 40.9008 42.7995 44.7991 46.8976 3014 L Code Enforcement Officer II N 47.4477 49.4966 51.7454 53.9245 56.2932 2073 L Community Development
Project Coordinator E 53.9744 56.5632 59.3521 62.2606 65.2592 5012 G1 Community Health Worker N 0.0000 32.2050 32.9343 33.7542 35.4234 5014 G1 Community Health Worker
Specialist N 34.9636 36.2028 37.3626 38.6718 40.6212 2074 L Community Services
Specialist I N 41.5770 43.3596 45.1147 46.9982 49.0745

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2024-2027 Memorandum Agreement
SEIU Local 1021 Community Services & PTRLA City of Berkeley 109
JOB
CLASS
REP
UNIT CLASSIFICATION TITLE FLSA STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP
7 2076 L Community Services
Specialist II N 51.8351 54.0976 56.5435 58.9705 61.5509 2096 L Emergency Services
Coordinator N 51.8368 54.1079 56.5380 58.9675 61.5559 2100 L Environmental Compliance
Specialist E 56.1407 58.1255 60.3123 62.7196 65.0532 2104 G1 Epidemiologist N 44.6465 46.8770 49.2191 51.6798 54.2660 4029 L Field Representative N 0.0000 0.0000 38.7714 40.3408 42.1598 3022 L Fire and Life Safety Plans
Examiner N 58.2925 60.8112 63.5698 66.2586 69.1972 7004 L Fire Prevention Inspector N 47.4477 49.4966 51.7454 53.9245 56.2932 2108 G1 Hazardous Mat Specialist II N 56.1434 58.1223 60.3111 62.7202 65.0591 2106 G1 Hazardous Materials
Specialist I N 49.4364 51.1658 53.0951 55.2041 57.2927 2110 G1 Health Educator E 48.9050 50.7990 52.7717 54.8319 57.0064 9013 L Housing Inspector I
(Certified) N 44.4118 46.3369 48.4421 50.4838 52.6880 3025 L Housing Inspector II
(Certified) N 49.3465 51.4856 53.8245 56.0933 58.5423 2120 L Information Systems
Specialist N 47.1546 49.1942 51.3901 53.6231 55.9660 3028 L Information Systems
Support Technician N 39.1415 40.6109 42.1199 43.6993 45.3287 2124 L Landscape Architect E 60.3088 63.0627 66.0766 69.3122 72.7208 2127 K1 Legislative Aide N 41.5520 43.6296 45.7708 48.0074 50.3606 52.8304 55.4168 2127 K1 Legislative Aide (Cont. Step
8 ‐ 14) 58.1304 60.9818 63.9604 67.098 70.384 73.8396 77.4648 2131 IB Librarian I N 40.6309 42.5600 44.7087 46.6980 48.7170 2133 IB Librarian II N 44.7087 46.6980 48.7170 50.9858 53.1747 4037 IB Library Aide N 24.4083 25.5679 26.6674 27.8071 28.5667 4039 IB Library Assistant N 29.6362 30.9254 32.2748 33.6439 35.2234 2135 IA Library Literacy Program
Coordinator N 42.8197 44.7289 46.6779 48.8069 50.9359 2129 IA Library Special Services
Coordinator E 48.1374 50.4361 52.8751 55.3440 57.9926 4041 IB Library Specialist I N 33.4543 34.8834 36.3928 37.9322 39.9215 4043 IB Library Specialist II N 35.2234 37.1126 38.6919 40.2909 42.3104 6036 G1 Mealsite Coordinator N 0.0000 0.0000 31.0452 31.7750 32.5343 9007 G3 Mental Health Nurse N 67.9927

71.3923

74.9620 78.7100

82.6487

2139 G3 Advanced Practice Provider E 71.9384

74.8028

77.8949

81.1060 84.4654
6040 G1 Mini Bus Driver N 0.0000 0.0000 31.3852 32.6043 33.9440 2141 G1 Nutritionist E 43.5096 45.2287 46.9378 48.7170 50.7159 3032 L Permit Specialist N 37.0824 38.8519 40.5909 42.4900 44.4791 3034 L Planning Technician N 37.3151 39.2804 41.3454 43.5180 45.8055 2151 G1 Psychiatrist E 123.6801 129.8622 136.3567 143.1782 150.3339 2153 G3 Public Health Nurse E 66.2635

68.6375

71.4011

74.3824

77.2975
6047 R1 Recreation Activity Leader N 0.0000 0.0000 27.6306 30.4445 33.9076

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2024-2027 Memorandum Agreement
SEIU Local 1021 Community Services & PTRLA City of Berkeley 110
JOB
CLASS
REP
UNIT CLASSIFICATION TITLE FLSA STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP
7 6048 R2 Recreation Activity Leader
(R2) N 0.0000 0.0000 27.0470 29.6598 33.0708
2157 G1 Registered Environmental
Health Specialist N 50.3612 52.1162 54.1098 56.2417 58.3646 2159 G3 Registered Nurse E 0.0000 64.1848 66.4016 68.6700 71.1411 2161 L Revenue Development
Specialist I N 41.5755 43.3643 45.1147 47.0108 49.0758 2163 L Revenue Development
Specialist II N 51.8368 54.1079 56.5380 58.9675 61.5559 2169 G1 Senior Behavioral Health
Clinician E 53.4760 55.6357 57.7026 59.9906 62.4255 3036 L Senior Building Inspector N 58.2925 60.8112 63.5698 66.2586 69.1972 3038 L Senior Building Plans
Examiner N 58.2925 60.8112 63.5698 66.2586 69.1972 5048 G1 Senior Community Health
Specialist N 36.7229 38.0121 39.2316 40.5608 42.6299 2177 G1 Senior Environmental
Health Specialist N 52.8882 54.7439 56.7930 59.0627 61.2861 4069 L Senior Field Representative N 0.0000 0.0000 41.9503 43.7994 45.5884 2181 L Senior Health Management
Analyst N 53.4649 56.0334 58.7721 61.6807 64.6392 9015 L Senior Housing Inspector
(Certified) N 54.2809 56.6342 59.2069 61.7027 64.3965 2187 L Senior Information Systems
Specialist N 51.9877 54.3028 56.7473 59.3105 61.9570 2189 IB Senior Librarian N 46.7479 48.7670 50.9161 53.2551 55.5637 3042 L Senior Permit Specialist N 40.1050 42.1258 44.2217 46.4428 49.4079 2195 L Senior Planner E 58.0526 60.6510 63.4200 66.2087 69.1674 2197 G3 Senior Public Health Nurse E 68.8153

71.4536

74.1735

77.3249

80.2965
6057 G1 Senior Service Aide N 0.0000 0.0000 28.1469 29.1760 30.3356 6059 G1 Senior Service Assistant N 0.0000 0.0000 35.9434 36.8828 37.7724 2199 G1 Social Services Specialist N 41.5755 43.3641 45.1146 47.0107 49.0757 6071 R2 Sports Field Monitor (R2) N 23.5532 0.0000 0.0000 0.0000 0.0000 6073 R2 Sports Official (R2) N 23.5532 26.8538 30.7246 34.5468 38.3932 6072 R1 Sports Official N 23.6068 27.5563 31.5057 35.4542 39.4185 2207 IA Supervising Librarian E 53.2647 55.7336 58.3625 61.1614 64.1698 5002 IA Supervising Library
Assistant N 36.1230 37.6223 39.2612 40.9506 44.4559 4000 G1 Vector Control Technician N 0.0000 0.0000 36.9116 38.1889 39.3678

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2024-2027 Memorandum Agreement
SEIU Local 1021 Community Services & PTRLA City of Berkeley 111
Exhibit B – Salary Ranges as of First Full Pay Period in July 2025 (4.0% Salary Increase)
JOB
CLASS
REP
UNIT

CLASSIFICATION
TITLE FLSA STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP
6 STEP
7 2000 L Accountant I N 43.2401 45.0940 46.9193 48.8781 51.0375 2002 L Accountant II N 53.9085 56.2616 58.8052 61.3293 64.0128 2088 L ADA Program
Coordinator N 59.3010 62.4019 65.5027 68.6037 71.7046 2009 L
Applications
Programmer
Analyst I
N 52.4223 54.6572 57.1106 59.6262 62.2043
2010 L
Applications
Programmer
Analyst II
N 57.2042 59.7301 62.4226 65.2395 68.1921
2012 L Architect E 65.0318 68.1401 71.4351 74.8654 78.4100 2030 L Assistant Architect E 55.7385 58.2853 61.0711 64.0444 67.1938 2034 G1
Assistant
Environmental
Health Specialist
N 0.0000 0.0000 45.8113 48.2644 50.1871
9012 L Assistant Inspector N 41.5693 43.3714 45.3417 47.2529 49.3161 2038 L
Assistant
Management
Analyst
N 43.2125 45.0838 46.9126 48.8463 51.0088
5004 G1 Assistant Mental
Health Clinician N 36.3621 37.6509 38.8571 40.2187 42.2460 2042 L Assistant Planner N 43.4823 45.3952 47.2250 49.2208 51.3518 2018 L
Associate
Management
Analyst
N 53.9085 56.2615 58.8052 61.3293 64.0129
2022 L Associate Planner N 52.5058 54.8237 57.0482 59.5949 62.3289 2052 L Auditor I N 43.2401 45.0940 46.9193 48.8781 51.0375 2054 L Auditor II N 53.9085 56.4520 58.8655 61.3992 64.0129 2056 IA Automation
Librarian N 52.2563 54.6885 57.2664 60.0107 62.9528 2058 G1 Behavioral Health
Clinician I E 46.2599 48.1998 50.1777 52.1942 54.2582 2060 G1 Behavioral Health
Clinician II E 50.9519 52.9778 55.0702 57.2681 59.5138 3000 L Building Inspector I
(Certified) N 51.3204 53.5450 55.9775 58.3370 60.8840 3004 L Building Inspector II N 52.8796 55.1670 57.6720 60.1043 62.7344 3005 L Building Inspector II
(Certified) N 55.0109 57.3706 59.9798 62.5164 65.2500 3008 L Building Plans
Examiner N 55.0109 57.3706 59.9798 62.5164 65.2500 2066 L Buyer N 46.2271 48.2853 50.1980 52.2978 54.5533 9000 IA
Central Library
Circulation
Supervisor
N 40.9254 42.6611 44.5015 46.4245 48.8360
2070 G1 Clinical Psychologist E 56.3622 58.5555 60.8734 63.2543 65.8008

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2024-2027 Memorandum Agreement
SEIU Local 1021 Community Services & PTRLA City of Berkeley 112
JOB
CLASS
REP
UNIT

CLASSIFICATION
TITLE FLSA STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP
6 STEP
7 3015 L Code Enforcement
Officer I N 40.6449 42.5368 44.5115 46.5911 48.7735 3014 L Code Enforcement
Officer II N 49.3456 51.4765 53.8152 56.0815 58.5449 2073 L
Community
Development
Project Coordinator
E 56.1334 58.8257 61.7262 64.7510 67.8696
5012 G1 Community Health
Worker N 0.0000 33.4932 34.2517 35.1044 36.8403
5014 G1 Community Health
Worker Specialist N 36.3621 37.6509 38.8571 40.2187 42.2460 2074 L Community Services
Specialist I N 43.2401 45.0940 46.9193 48.8781 51.0375 2076 L Community Services
Specialist II N 53.9085 56.2615 58.8052 61.3293 64.0129 2096 L Emergency Services
Coordinator N 53.9103 56.2722 58.7995 61.3262 64.0181 2100 L
Environmental
Compliance
Specialist
E 58.3863 60.4505 62.7248 65.2284 67.6553
2104 G1 Epidemiologist N 46.4324 48.7521 51.1879 53.7470 56.4366 4029 L Field Representative N 0.0000 0.0000 40.3223 41.9544 43.8462 3022 L Fire and Life Safety
Plans Examiner N 60.6242 63.2436 66.1126 68.9089 71.9651 7004 L Fire Prevention
Inspector N 49.3456 51.4765 53.8152 56.0815 58.5449 2108 G1 Hazardous Mat
Specialist II N 58.3891 60.4472 62.7235 65.2290 67.6615 2106 G1 Hazardous
Materials Specialist I N 51.4139 53.2124 55.2189 57.4123 59.5844 2110 G1 Health Educator E 50.8612 52.8310 54.8826 57.0252 59.2867 9013 L Housing Inspector I
(Certified) N 46.1883 48.1904 50.3798 52.5032 54.7955 3025 L Housing Inspector II
(Certified) N 51.3204 53.5450 55.9775 58.3370 60.8840 2120 L Information
Systems Specialist N 49.0408 51.1620 53.4457 55.7680 58.2046 3028 L
Information
Systems Support
Technician
N 40.7072 42.2353 43.8047 45.4473 47.1418
2124 L Landscape Architect E 62.7212 65.5852 68.7197 72.0847 75.6296 2127 K1 Legislative Aide N 43.2141 45.3748 47.6016 49.9277 52.3750 54.9436 57.6335 2127 K1 Legislative Aide
(Cont. Step 8 ‐ 14) 60.4556 63.4211 66.5188 69.7819 73.1994 76.7932 80.5634 2131 IB Librarian I N 42.2561 44.2624 46.4970 48.5659 50.6657 2133 IB Librarian II N 46.4970 48.5659 50.6657 53.0252 55.3017 4037 IB Library Aide N 25.3846 26.5906 27.7341 28.9194 29.7094 4039 IB Library Assistant N 30.8216 32.1624 33.5658 34.9897 36.6323 2135 IA
Library Literacy
Program
Coordinator
N 44.5325 46.5181 48.5450 50.7592 52.9733

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2024-2027 Memorandum Agreement
SEIU Local 1021 Community Services & PTRLA City of Berkeley 113
JOB
CLASS
REP
UNIT

CLASSIFICATION
TITLE FLSA STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP
6 STEP
7 2129 IA
Library Special
Services
Coordinator
E 50.0629 52.4535 54.9901 57.5578 60.3123
4041 IB Library Specialist I N 34.7925 36.2787 37.8485 39.4495 41.5184 4043 IB Library Specialist II N 36.6323 38.5971 40.2396 41.9025 44.0028 6036 G1 Mealsite
Coordinator N 0.0000 0.0000 32.2870 33.0460 33.8357 9007 G3 Mental Health
Nurse N 70.7125 74.2480 77.9605 81.8584 85.9547
2139 G3 Advanced Practice
Provider E 74.8159 77.7949 81.0107 84.3502 87.8440
6040 G1 Mini Bus Driver N 0.0000 0.0000 32.6406 33.9085 35.3018 2141 G1 Nutritionist E 45.2500 47.0378 48.8153 50.6657 52.7445 3032 L Permit Specialist N 38.5657 40.4060 42.2145 44.1896 46.2583 3034 L Planning Technician N 38.8077 40.8516 42.9992 45.2587 47.6377 2151 G1 Psychiatrist E 128.6273 135.0567

141.8110

148.9054 156.3472

2153 G3 Public Health Nurse E 68.9140 71.3830 74.2571 77.3577 80.3894 6047 R1 Recreation Activity
Leader N 0.0000 0.0000 28.7358 31.6623 35.2639
6048 R2 Recreation Activity
Leader (R2) N 0.0000 0.0000 28.1289 30.8462 34.3936 2157 G1
Registered
Environmental
Health Specialist
N 52.3756 54.2008 56.2742 58.4914 60.6992
2159 G3 Registered Nurse E 0.0000 66.7522 69.0576 71.4168 73.9867 2161 L
Revenue
Development
Specialist I
N 43.2385 45.0989 46.9193 48.8912 51.0388
2163 L
Revenue
Development
Specialist II
N 53.9103 56.2722 58.7995 61.3262 64.0181
2169 G1 Senior Behavioral
Health Clinician E 55.6150 57.8611 60.0107 62.3902 64.9225 3036 L Senior Building
Inspector N 60.6242 63.2436 66.1126 68.9089 71.9651 3038 L Senior Building
Plans Examiner N 60.6242 63.2436 66.1126 68.9089 71.9651 5048 G1 Senior Community
Health Specialist N 38.1918 39.5326 40.8009 42.1832 44.3351 2177 G1
Senior
Environmental
Health Specialist
N 55.0037 56.9337 59.0647 61.4252 63.7375
4069 L Senior Field
Representative N 0.0000 0.0000 43.6283 45.5514 47.4119 2181 L
Senior Health
Management
Analyst
N 55.6035 58.2747 61.1230 64.1479 67.2248
9015 L Senior Housing
Inspector (Certified) N 56.4521 58.8996 61.5752 64.1708 66.9724 2187 L Senior Information
Systems Specialist N 54.0672 56.4749 59.0172 61.6829 64.4353

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2024-2027 Memorandum Agreement
SEIU Local 1021 Community Services & PTRLA City of Berkeley 114
JOB
CLASS
REP
UNIT

CLASSIFICATION
TITLE FLSA STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP
6 STEP
7 2189 IB Senior Librarian N 48.6178 50.7177 52.9527 55.3853 57.7862 3042 L Senior Permit
Specialist N 41.7092 43.8108 45.9906 48.3005 51.3842 2195 L Senior Planner E 60.3747 63.0770 65.9568 68.8570 71.9341 2197 G3 Senior Public Health
Nurse E 71.5679 74.3118 77.1404 80.4179 83.5083
6057 G1 Senior Service Aide N 0.0000 0.0000 29.2728 30.3430 31.5490 6059 G1 Senior Service
Assistant N 0.0000 0.0000 37.3811 38.3581 39.2833 2199 G1 Social Services
Specialist N 43.2385 45.0987 46.9192 48.8911 51.0387 6071 R2 Sports Field Monitor
(R2) N 24.4953 25.2302 25.9871 0.0000 0.0000
6073 R2 Sports Official (R2) N 24.4953 27.9280 31.9536 35.9287 39.9289 6072 R1 Sports Official N 24.5511 28.6586 32.7659 36.8724 40.9952 2207 IA Supervising
Librarian E 55.3953 57.9629 60.6970 63.6079 66.7366 5002 IA Supervising Library
Assistant N 37.5679 39.1272 40.8316 42.5886 46.2341 4000 G1 Vector Control
Technician N 0.0000 0.0000 38.3881 39.7165 40.9425

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2024-2027 Memorandum Agreement
SEIU Local 1021 Community Services & PTRLA City of Berkeley 115
Exhibit C – Salary Ranges as of First Full Pay Period in July 2026 (2.5% Salary Increase)
JOB
CLASS
REP
UNIT

CLASSIFICATION
TITLE FLSA STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP
6 STEP
7 2000 L Accountant I N 44.3211 46.2214 48.0923 50.1001 52.3134 2002 L Accountant II N 55.2562 57.6681 60.2753 62.8625 65.6131 2088 L ADA Program
Coordinator N 60.7835 63.9619 67.1403 70.3188 73.4972 2009 L
Applications
Programmer Analyst
I
N 53.7329 56.0236 58.5384 61.1169 63.7594
2010 L
Applications
Programmer Analyst
II
N 58.6343 61.2234 63.9832 66.8705 69.8969
2012 L Architect E 66.6576 69.8436 73.2210 76.7370 80.3703 2030 L Assistant Architect E 57.1320 59.7424 62.5979 65.6455 68.8736 2034 G1
Assistant
Environmental
Health Specialist
N 0.0000 0.0000 46.9566 49.4710 51.4418
9012 L Assistant Inspector N 42.6085 44.4557 46.4752 48.4342 50.5490 2038 L
Assistant
Management
Analyst
N 44.2928 46.2109 48.0854 50.0675 52.2840
5004 G1 Assistant Mental
Health Clinician N 37.2712 38.5922 39.8285 41.2242 43.3022 2042 L Assistant Planner N 44.5694 46.5301 48.4056 50.4513 52.6356 2018 L
Associate
Management
Analyst
N 55.2562 57.6680 60.2753 62.8625 65.6132
2022 L Associate Planner N 53.8184 56.1943 58.4744 61.0848 63.8871 2052 L Auditor I N 44.3211 46.2214 48.0923 50.1001 52.3134 2054 L Auditor II N 55.2562 57.8633 60.3371 62.9342 65.6132 2056 IA Automation
Librarian N 53.5627 56.0557 58.6981 61.5110 64.5266 2058 G1 Behavioral Health
Clinician I E 47.4164 49.4048 51.4321 53.4991 55.6147 2060 G1 Behavioral Health
Clinician II E 52.2257 54.3022 56.4470 58.6998 61.0016 3000 L Building Inspector I
(Certified) N 52.6034 54.8836 57.3769 59.7954 62.4061 3004 L Building Inspector II N 54.2016 56.5462 59.1138 61.6069 64.3028 3005 L Building Inspector II
(Certified) N 56.3862 58.8049 61.4793 64.0793 66.8813 3008 L Building Plans
Examiner N 56.3862 58.8049 61.4793 64.0793 66.8813 2066 L Buyer N 47.3828 49.4924 51.4530 53.6052 55.9171 9000 IA
Central Library
Circulation
Supervisor
N 41.9485 43.7276 45.6140 47.5851 50.0569
2070 G1 Clinical Psychologist E 57.7713 60.0194 62.3952 64.8357 67.4458

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2024-2027 Memorandum Agreement
SEIU Local 1021 Community Services & PTRLA City of Berkeley 116
JOB
CLASS
REP
UNIT

CLASSIFICATION
TITLE FLSA STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP
6 STEP
7 3015 L Code Enforcement
Officer I N 41.6610 43.6002 45.6243 47.7559 49.9928 3014 L Code Enforcement
Officer II N 50.5792 52.7634 55.1606 57.4835 60.0085 2073 L
Community
Development
Project Coordinator
E 57.5367 60.2963 63.2694 66.3698 69.5663
5012 G1 Community Health
Worker N 0.0000 34.3305 35.1080 35.9820 37.7613
5014 G1 Community Health
Worker Specialist N 37.2712 38.5922 39.8285 41.2242 43.3022 2074 L Community Services
Specialist I N 44.3211 46.2214 48.0923 50.1001 52.3134 2076 L Community Services
Specialist II N 55.2562 57.6680 60.2753 62.8625 65.6132 2096 L Emergency Services
Coordinator N 55.2581 57.6790 60.2695 62.8594 65.6186 2100 L
Environmental
Compliance
Specialist
E 59.8460 61.9618 64.2929 66.8591 69.3467
2104 G1 Epidemiologist N 47.5932 49.9709 52.4676 55.0907 57.8475 4029 L Field Representative N 0.0000 0.0000 41.3304 43.0033 44.9424 3022 L Fire and Life Safety
Plans Examiner N 62.1398 64.8247 67.7654 70.6316 73.7642 7004 L Fire Prevention
Inspector N 50.5792 52.7634 55.1606 57.4835 60.0085 2108 G1 Hazardous Mat
Specialist II N 59.8488 61.9584 64.2916 66.8597 69.3530 2106 G1 Hazardous Materials
Specialist I N 52.6992 54.5427 56.5994 58.8476 61.0740 2110 G1 Health Educator E 52.1327 54.1518 56.2547 58.4508 60.7689 9013 L Housing Inspector I
(Certified) N 47.3430 49.3952 51.6393 53.8158 56.1654 3025 L Housing Inspector II
(Certified) N 52.6034 54.8836 57.3769 59.7954 62.4061 2120 L Information Systems
Specialist N 50.2668 52.4411 54.7818 57.1622 59.6597 3028 L Information Systems
Support Technician N 41.7249 43.2912 44.8998 46.5835 48.3203 2124 L Landscape Architect E 64.2892 67.2248 70.4377 73.8868 77.5203 2127 K1 Legislative Aide N 44.2945 46.5092 48.7916 51.1759 53.6844 56.3172 59.0743 2127 K1 Legislative Aide
(Cont. Step 8 ‐ 14) 61.967 65.0066 68.1818 71.5264 75.0294 78.713 82.5775 2131 IB Librarian I N 43.3125 45.3690 47.6594 49.7800 51.9323 2133 IB Librarian II N 47.6594 49.7800 51.9323 54.3508 56.6842 4037 IB Library Aide N 26.0192 27.2554 28.4275 29.6424 30.4521 4039 IB Library Assistant N 31.5921 32.9665 34.4049 35.8644 37.5481 2135 IA
Library Literacy
Program
Coordinator
N 45.6458 47.6811 49.7586 52.0282 54.2976

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2024-2027 Memorandum Agreement
SEIU Local 1021 Community Services & PTRLA City of Berkeley 117
JOB
CLASS
REP
UNIT

CLASSIFICATION
TITLE FLSA STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP
6 STEP
7 2129 IA Library Special
Services Coordinator E 51.3145 53.7648 56.3649 58.9967 61.8201 4041 IB Library Specialist I N 35.6623 37.1857 38.7947 40.4357 42.5564 4043 IB Library Specialist II N 37.5481 39.5620 41.2456 42.9501 45.1029 6036 G1 Mealsite
Coordinator N 0.0000 0.0000 33.0942 33.8722 34.6816 9007 G3 Mental Health Nurse N 72.4803 76.1042 79.9095 83.9048 88.1035 2139 G3 Advanced Practice
Provider E 76.6863 79.7398 83.0360 86.4590 90.0401
6040 G1 Mini Bus Driver N 0.0000 0.0000 33.4566 34.7562 36.1843 2141 G1 Nutritionist E 46.3813 48.2137 50.0357 51.9323 54.0631 3032 L Permit Specialist N 39.5298 41.4162 43.2699 45.2943 47.4148 3034 L Planning Technician N 39.7779 41.8729 44.0742 46.3902 48.8286 2151 G1 Psychiatrist E 131.8429

138.4331

145.3562

152.6280

160.2559

2153 G3 Public Health Nurse E 70.6369

73.1676

76.1135

79.2917

82.3992

6047 R1 Recreation Activity
Leader N 0.0000 0.0000 29.4542 32.4539 36.1455
6048 R2 Recreation Activity
Leader (R2) N 0.0000 0.0000 28.8321 31.6174 35.2534 2157 G1
Registered
Environmental
Health Specialist
N 53.6850 55.5558 57.6811 59.9537 62.2167
2159 G3 Registered Nurse E 0.0000 68.4210

70.7841

73.2022

75.8364

2161 L
Revenue
Development
Specialist I
N 44.3195 46.2264 48.0923 50.1135 52.3148
2163 L
Revenue
Development
Specialist II
N 55.2581 57.6790 60.2695 62.8594 65.6186
2169 G1 Senior Behavioral
Health Clinician E 57.0054 59.3076 61.5110 63.9500 66.5456 3036 L Senior Building
Inspector N 62.1398 64.8247 67.7654 70.6316 73.7642 3038 L Senior Building Plans
Examiner N 62.1398 64.8247 67.7654 70.6316 73.7642 5048 G1 Senior Community
Health Specialist N 39.1466 40.5209 41.8209 43.2378 45.4435 2177 G1
Senior
Environmental
Health Specialist
N 56.3788 58.3570 60.5413 62.9608 65.3309
4069 L Senior Field
Representative N 0.0000 0.0000 44.7190 46.6902 48.5972 2181 L
Senior Health
Management
Analyst
N 56.9936 59.7316 62.6511 65.7516 68.9054
9015 L Senior Housing
Inspector (Certified) N 57.8634 60.3721 63.1146 65.7751 68.6467 2187 L Senior Information
Systems Specialist N 55.4189 57.8868 60.4926 63.2250 66.0462 2189 IB Senior Librarian N 49.8332 51.9856 54.2765 56.7699 59.2309

Page 14 of 19 ends

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2024-2027 Memorandum Agreement
SEIU Local 1021 Community Services & PTRLA City of Berkeley 118
JOB
CLASS
REP
UNIT

CLASSIFICATION
TITLE FLSA STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP
6 STEP
7 3042 L Senior Permit
Specialist N 42.7519 44.9061 47.1404 49.5080 52.6688 2195 L Senior Planner E 61.8841 64.6539 67.6057 70.5784 73.7325 2197 G3 Senior Public Health
Nurse E 73.3571

76.1696 79.0690 82.4283

85.5961

6057 G1 Senior Service Aide N 0.0000 0.0000 30.0046 31.1016 32.3377 6059 G1 Senior Service
Assistant N 0.0000 0.0000 38.3156 39.3171 40.2654 2199 G1 Social Services
Specialist N 44.3195 46.2262 48.0922 50.1134 52.3147 6071 R2 Sports Field Monitor
(R2) N 25.1077 25.8609 26.6368 0.0000 0.0000
6073 R2 Sports Official (R2) N 25.1077 28.6262 32.7524 36.8269 40.9271 6072 R1 Sports Official N 25.1649 29.3751 33.5850 37.7942 42.0201 2207 IA Supervising Librarian E 56.7802 59.4120 62.2144 65.1981 68.4050 5002 IA Supervising Library
Assistant N 38.5071 40.1054 41.8524 43.6533 47.3900 4000 G1 Vector Control
Technician N 0.0000 0.0000 39.3478 40.7094 41.9661

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2024-2027 Memorandum Agreement
SEIU Local 1021 Community Services & PTRLA City of Berkeley 119
Exhibit D – Salary Ranges as of First Full Pay
Period in January 2027 (2.0% Salary Increase)
JOB
CLASS
REP
UNIT

CLASSIFICATION
TITLE FLSA STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP
6 STEP
7 2000 L Accountant I N 45.2075 47.1458 49.0541 51.1021 53.3597 0 0 2002 L Accountant II N 56.3613 58.8215 61.4808 64.1198 66.9254 0 0 2088 L ADA Program
Coordinator N 61.9992 65.2411 68.4831 71.7252 74.9671 0 0 2009 L
Applications
Programmer
Analyst I
N 54.8076 57.1441 59.7092 62.3392 65.0346 0 0
2010 L
Applications
Programmer
Analyst II
N 59.8070 62.4479 65.2629 68.2079 71.2948 0 0
2012 L Architect E 67.9908 71.2405 74.6854 78.2717 81.9777 0 0 2030 L Assistant Architect E 58.2746 60.9372 63.8499 66.9584 70.2511 0 0 2034 G1
Assistant
Environmental
Health Specialist
N 0.0000 0.0000 47.8957 50.4604 52.4706 0 0
9012 L Assistant Inspector N 43.4607 45.3448 47.4047 49.4029 51.5600 0 0 2038 L
Assistant
Management
Analyst
N 45.1787 47.1351 49.0471 51.0689 53.3297 0 0
5004 G1 Assistant Mental
Health Clinician N 38.0166 39.3640 40.6251 42.0487 44.1682 0 0 2042 L Assistant Planner N 45.4608 47.4607 49.3737 51.4603 53.6883 0 0 2018 L
Associate
Management
Analyst
N 56.3613 58.8214 61.4808 64.1198 66.9255 0 0
2022 L Associate Planner N 54.8948 57.3182 59.6439 62.3065 65.1648 0 0 2052 L Auditor I N 45.2075 47.1458 49.0541 51.1021 53.3597 0 0 2054 L Auditor II N 56.3613 59.0206 61.5438 64.1929 66.9255 0 0 2056 IA Automation
Librarian N 54.6340 57.1768 59.8721 62.7412 65.8171 0 0 2058 G1 Behavioral Health
Clinician I E 48.3647 50.3929 52.4607 54.5691 56.7270 0 0 2060 G1 Behavioral Health
Clinician II E 53.2702 55.3882 57.5759 59.8738 62.2216 0 0 3000 L Building Inspector I
(Certified) N 53.6555 55.9813 58.5244 60.9913 63.6542 0 0 3004 L Building Inspector II N 55.2856 57.6771 60.2961 62.8390 65.5889 0 0 3005 L Building Inspector II
(Certified) N 57.5139 59.9810 62.7089 65.3609 68.2189 0 0 3008 L Building Plans
Examiner N 57.5139 59.9810 62.7089 65.3609 68.2189 0 0 2066 L Buyer N 48.3305 50.4822 52.4821 54.6773 57.0354 0 0 9000 IA
Central Library
Circulation
Supervisor
N 42.7875 44.6022 46.5263 48.5368 51.0580 0 0
2070 G1 Clinical Psychologist E 58.9267 61.2198 63.6431 66.1324 68.7947 0 0

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2024-2027 Memorandum Agreement
SEIU Local 1021 Community Services & PTRLA City of Berkeley 120
JOB
CLASS
REP
UNIT

CLASSIFICATION
TITLE FLSA STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP
6 STEP
7 3015 L Code Enforcement
Officer I N 42.4942 44.4722 46.5368 48.7110 50.9927 0 0 3014 L Code Enforcement
Officer II N 51.5908 53.8187 56.2638 58.6332 61.2087 0 0 2073 L
Community
Development
Project Coordinator
E 58.6874 61.5022 64.5348 67.6972 70.9576 0 0
5012 G1 Community Health
Worker N 0.0000 35.0171 35.8102 36.7016 38.5165 0 0 5014 G1 Community Health
Worker Specialist N 38.0166 39.3640 40.6251 42.0487 44.1682 0 0 2074 L Community Services
Specialist I N 45.2075 47.1458 49.0541 51.1021 53.3597 0 0 2076 L Community Services
Specialist II N 56.3613 58.8214 61.4808 64.1198 66.9255 0 0 2096 L Emergency Services
Coordinator N 56.3633 58.8326 61.4749 64.1166 66.9310 0 0 2100 L
Environmental
Compliance
Specialist
E 61.0429 63.2010 65.5788 68.1963 70.7336 0 0
2104 G1 Epidemiologist N 48.5451 50.9703 53.5170 56.1925 59.0045 0 0 4029 L Field Representative N 0.0000 0.0000 42.1570 43.8634 45.8412 0 0 3022 L Fire and Life Safety
Plans Examiner N 63.3826 66.1212 69.1207 72.0442 75.2395 0 0 7004 L Fire Prevention
Inspector N 51.5908 53.8187 56.2638 58.6332 61.2087 0 0 2108 G1 Hazardous Mat
Specialist II N 61.0458 63.1976 65.5774 68.1969 70.7401 0 0 2106 G1 Hazardous
Materials Specialist I N 53.7532 55.6336 57.7314 60.0246 62.2955 0 0 2110 G1 Health Educator E 53.1754 55.2348 57.3798 59.6198 61.9843 0 0 9013 L Housing Inspector I
(Certified) N 48.2899 50.3831 52.6721 54.8921 57.2887 0 0 3025 L Housing Inspector II
(Certified) N 53.6555 55.9813 58.5244 60.9913 63.6542 0 0 2120 L Information
Systems Specialist N 51.2721 53.4899 55.8774 58.3054 60.8529 0 0 3028 L
Information
Systems Support
Technician
N 42.5594 44.1570 45.7978 47.5152 49.2867 0 0
2124 L Landscape Architect E 65.5750 68.5693 71.8465 75.3645 79.0707 0 0 2127 K1 Legislative Aide N 45.1804 47.4394 49.7674 52.1994 54.7581 57.4435 60.2558 2127 K1 Legislative Aide
(Cont. Step 8 ‐ 14) 63.2063 66.3067 69.5454 72.9569 76.53 80.2873 84.2291 2131 IB Librarian I N 44.1788 46.2764 48.6126 50.7756 52.9709 0 0 2133 IB Librarian II N 48.6126 50.7756 52.9709 55.4378 57.8179 0 0 4037 IB Library Aide N 26.5396 27.8005 28.9961 30.2352 31.0611 0 0 4039 IB Library Assistant N 32.2239 33.6258 35.0930 36.5817 38.2991 0 0

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2024-2027 Memorandum Agreement
SEIU Local 1021 Community Services & PTRLA City of Berkeley 121
JOB
CLASS
REP
UNIT

CLASSIFICATION
TITLE FLSA STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP
6 STEP
7 2135 IA
Library Literacy
Program
Coordinator
N 46.5587 48.6347 50.7538 53.0688 55.3836 0 0
2129 IA
Library Special
Services
Coordinator
E 52.3408 54.8401 57.4922 60.1766 63.0565 0 0
4041 IB Library Specialist I N 36.3755 37.9294 39.5706 41.2444 43.4075 0 0 4043 IB Library Specialist II N 38.2991 40.3532 42.0705 43.8091 46.0050 0 0 6036 G1 Mealsite
Coordinator N 0.0000 0.0000 33.7561 34.5496 35.3752 0 0 9007 G3 Mental Health
Nurse N 73.9299 77.6262 81.5077 85.5829 89.8656 0 0
2139 G3 Advanced Practice
Provider E 78.2200 81.3346 84.6967 88.1882 91.8409 0 0 6040 G1 Mini Bus Driver N 0.0000 0.0000 34.1257 35.4513 36.9080 0 0 2141 G1 Nutritionist E 47.3089 49.1780 51.0364 52.9709 55.1444 0 0 3032 L Permit Specialist N 40.3204 42.2445 44.1353 46.2002 48.3631 0 0 3034 L Planning Technician N 40.5735 42.7104 44.9557 47.3180 49.8052 0 0 2151 G1 Psychiatrist E 134.4798 141.2018

148.2634 155.6806 163.4610 0 0
2153 G3 Public Health Nurse E 72.0496 74.6310 77.6358 80.8775 84.0472 0 0 6047 R1 Recreation Activity
Leader N 0.0000 0.0000 30.0433 33.1030 36.8684 0 0 6048 R2 Recreation Activity
Leader (R2) N 0.0000 0.0000 29.4087 32.2497 35.9585 0 0 2157 G1
Registered
Environmental
Health Specialist
N 54.7587 56.6669 58.8347 61.1528 63.4610 0 0
2159 G3 Registered Nurse E 0.0000 69.7894 72.1998

74.6662

77.3531

0 0
2161 L
Revenue
Development
Specialist I
N 45.2059 47.1509 49.0541 51.1158 53.3611 0 0
2163 L
Revenue
Development
Specialist II
N 56.3633 58.8326 61.4749 64.1166 66.9310 0 0
2169 G1 Senior Behavioral
Health Clinician E 58.1455 60.4938 62.7412 65.2290 67.8765 0 0 3036 L Senior Building
Inspector N 63.3826 66.1212 69.1207 72.0442 75.2395 0 0 3038 L Senior Building
Plans Examiner N 63.3826 66.1212 69.1207 72.0442 75.2395 0 0 5048 G1 Senior Community
Health Specialist N 39.9295 41.3313 42.6573 44.1026 46.3524 0 0 2177 G1
Senior
Environmental
Health Specialist
N 57.5064 59.5241 61.7521 64.2200 66.6375 0 0
4069 L Senior Field
Representative N 0.0000 0.0000 45.6134 47.6240 49.5691 0 0 2181 L
Senior Health
Management
Analyst
N 58.1335 60.9262 63.9041 67.0666 70.2835 0 0

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2024-2027 Memorandum Agreement
SEIU Local 1021 Community Services & PTRLA City of Berkeley 122
JOB
CLASS
REP
UNIT

CLASSIFICATION
TITLE FLSA STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP
6 STEP
7 9015 L Senior Housing
Inspector (Certified) N 59.0207 61.5795 64.3769 67.0906 70.0196 0 0 2187 L Senior Information
Systems Specialist N 56.5273 59.0445 61.7025 64.4895 67.3671 0 0 2189 IB Senior Librarian N 50.8299 53.0253 55.3620 57.9053 60.4155 0 0 3042 L Senior Permit
Specialist N 43.6069 45.8042 48.0832 50.4982 53.7222 0 0 2195 L Senior Planner E 63.1218 65.9470 68.9578 71.9900 75.2072 0 0 2197 G3 Senior Public Health
Nurse E 74.8243

77.6930 80.6503

84.0769 87.3080

0 0
6057 G1 Senior Service Aide N 0.0000 0.0000 30.6047 31.7236 32.9845 0 0 6059 G1 Senior Service
Assistant N 0.0000 0.0000 39.0819 40.1034 41.0707 0 0 2199 G1 Social Services
Specialist N 45.2059 47.1507 49.0540 51.1157 53.3610 0 0 6071 R2 Sports Field Monitor
(R2) N 25.6099 26.3782 27.1695 0.0000 0.0000 0 0 6073 R2 Sports Official (R2) N 25.6099 29.1987 33.4074 37.5634 41.7456 0 0 6072 R1 Sports Official N 25.6682 29.9626 34.2567 38.5501 42.8605 0 0 2207 IA Supervising
Librarian E 57.9158 60.6002 63.4587 66.5021 69.7731 0 0 5002 IA Supervising Library
Assistant N 39.2772 40.9075 42.6894 44.5264 48.3378 0 0 4000 G1 Vector Control
Technician N 0.0000 0.0000 40.1348 41.5236 42.8054 0 0

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Office of the City Manager

RECOMMENDATION
Adopt a resolution amending the Service Employees International Union (SEIU) Local 1021, Maintenance and Clerical (“Union”) Memorandum of Understanding (“MOU”) Section 32 Probationary Period for Public Safety Dispatcher I (“PSD I”) and Public Safety Dispatcher II (“PSD II”).

FISCAL IMPACTS OF RECOMMENDATION
There will be no direct fiscal impact as a result of this change.

CURRENT SITUATION AND ITS EFFECTS
At its June 2, 2025, meeting, the Personnel Board approved revisions to the Public Safety Dispatcher I and Public Safety Dispatcher II job class specifications that clarified the different functions of each classification.

Public Safety Dispatcher I: Changes include focusing its primary duties to reflect Call Taking and Records Management; removing its designation as a “trainee” classification; and making it a stand-alone career classification with a probationary period based solely upon completing the Call Taking and Records Management training and successfully demonstrating competency in those areas.

Public Safety Dispatcher II: Changes include clarifying the scope of duties to include the duties of Police Dispatch and Fire Dispatch, as well as all duties of Public Safety Dispatcher I (Call Taking and Records Management).

Although the “trainee” designation is being removed, Public Safety Dispatcher I employees will still have the opportunity to take the remaining training components, “Police Dispatch” and “Fire Dispatch” in order to qualify for the promotional opportunity to become a Public Safety Dispatcher II.

Due to this delineation between the classifications, and the change in the scope and time for training, the City and Union have agreed to amend the current language of the MOU to reduce the probationary period to 12 months each (reduced from 15 months each), subject to authorization by City Council. This amendment will align the probationary period with neighboring municipalities and clarify existing language to separately delineate the probationary periods for the two classifications.

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Amend SEIU-MC Section 32 Probationary Period CONSENT CALENDAR for Public Safety Dispatcher I and Public Safety Dispatcher II July 8, 2025

BACKGROUND
Currently, the classification of Public Safety Dispatcher I has been used as a training position for entry- level employees to promote into the journey-level Public Safety Dispatcher II. New Public Safety Dispatcher I employees need to successfully complete all four training components (Call Taking, Records Management, Police Dispatch, and Fire Dispatch) within 15 months in order to successfully complete probation. Many employees were able to successfully complete the first two training components (Call Taking and Records Management) but faced challenges completing the last two components (Police Dispatch and Fire Dispatch). This resulted in a large number of probationary releases, a high vacancy rate, and mandatory overtime, while the City continually seeks to onboard new dispatchers through running continuous recruitments, continuous screening, bi-monthly testing, and rigorous onboarding and training.

To address the dispatch crisis, a team consisting of Police, Fire, Human Resources, and the City Manager’s Office has been assembled. One of the first ideas to diffuse the crisis was to separate call taking and records management as stand-alone functions. This led to delineating the PSD I and PSD II functions, with the PSD I classification acting as first-line triage to field non-Police and non-Fire dispatch calls, which will provide relief and allow PSD II employees to focus on Police and Fire dispatching.

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

RATIONALE FOR RECOMMENDATION
The City seeks to amend the Service Employees International Union (SEIU) Local 1021, Maintenance and Clerical (“Union”) Memorandum of Understanding (“MOU”) Section 32 Probationary Period for Public Safety Dispatcher I and II to align with current staffing model, align with neighboring municipalities, and clarify existing MOU language.

ALTERNATIVE ACTIONS CONSIDERED
None.

CONTACT PERSON
Janelle Rodrigues, Director of Human Resources, (510) 981-6807.

ATTACHMENTS

1. Resolution
Exhibit A: Side Letter

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

AMEND SEIU-MC SECTION 32 PROBATIONARY PERIOD

FOR PUBLIC SAFETY DISPATCHER I AND PUBLIC SAFETY DISPATCHER II WHEREAS, the Service Employees International Union (“SEIU”) Local 1021, Maintenance and Clerical (“Union”) Memorandum of Understanding (“MOU”) Section 32 Probationary Period for Public Safety Dispatcher I and Public Safety Dispatcher II outlines a probationary period of 15 months for each classification; and
WHEREAS, at its June 2, 2025, meeting, the Personnel Board considered proposed revisions to the Public Safety Dispatcher I and Public Safety Dispatcher II job class specifications that clarified the different functions of each classification, and approved them by unanimous vote; and WHEREAS, these changes included revising the Public Safety Dispatcher I classification to remove its designation as a “trainee” classification, change its primary duties to reflect “call taking” and “records management; make it a stand-alone career classification with a probationary period based solely upon completing the “call taking” and “records management” training and successfully demonstrating competency as a solo call taker; and
WHEREAS, due to this delineation, the City and Union have entered into a side letter agreement to amend the current language of the MOU to reduce the probationary period to 12 months each (reduced from 15 months each), which will align the probationary period with neighboring municipalities, and clarify existing language to separately probationary period for each of the two classifications.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the Public Safety Dispatcher I and Public Safety II Dispatcher classifications shall each serve a probationary period of 12 months; and
BE IT FURTHER RESOLVED that Section 32 Probationary Period be revised to reflect that the Public Safety Dispatcher I and Public Safety II Dispatcher classifications shall each serve a probationary period of 12 months.

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SIDE LETTER AGREEMENT

BETWEEN THE CITY OF BERKELEY AND
SERVICE EMPLOYEES INTERNATIONAL UNION (SEIU) LOCAL 1021,

MAINTENANCE AND CLERICAL

The parties to this Side Letter Agreement are the City of Berkeley (the “City”) and Service Employees International Union (SEIU) Local 1021, Maintenance and Clerical (the “Union”), regarding the agreement as follows:

SECTION 32: PROBATIONARY PERIOD

32.1 Length

Original and promotional appointments from employment lists shall be tentative and subject to a probationary period of six (6) months (and a minimum of 1,040 hours) actual work exclusive of all leave and light duty and shall be completed within a one (1) year period. However, time spent on workers’ compensation leave or on modified duty as a result of an industrial injury shall not be considered as actual service and shall not be included as time served toward completion of the probationary period. In recognition of the safety and training requirements of several non-sworn paraprofessional classifications in the Police Department, the probationary period for those classifications is as follows:

32.1.1 For the classification of Community Service Officer, the probationary period shall be nine (9) months (and a minimum of 1,560 hours).

32.1.2 Employees who are hired in either The probationary period for the classification of Public Safety Dispatcher I and Public Safety Dispatcher II shall each be twelve (12) months (and a minimum of 2080 hours actual work). As a result, upon promotion into the classification of the classification of Public Safety Dispatcher I or Public Safety Dispatcher II, employees shall serve a new probationary period of twelve (12) months fifteen (15) months (and a minimum of 2,6002080 hours actual work).

32.1.3 The hours counted for Community Service Officer probation will be for actual service exclusive of all leave and light duty completed within eighteen (18) months.

32.1.4 The hours counted for Public Safety Dispatcher I and Public Safety Dispatcher II probation will be for actual service exclusive of all leave and light duty completed within twenty-four (24) months.

32.1.1 For the classification of Community Service Officer, the probationary period shall be nine (9) months (and a minimum of 1,560 hours).

Probationary employees who are granted military leaves of absence shall complete the balance of their probationary period within a period of six (6) months following their return to City service. No provision of this Section shall be interpreted to preclude the City from establishing new classifications which may require a probationary period of more than six (6) months.

The Union and City agree that, not withstanding the probationary periods listed above, the probation periods for current Public Safety Dispatcher II employees Kathleen Senter (17076) Christina Freund (17200), and Anjelia Maloney (17394) will end upon the adoption or ratification of this Agreement by the City Council of the City of Berkeley, even if they have not yet reached the end of their probationary period for that classification. This is non-precedent setting.

All other Public Safety Dispatcher I and II employees will serve the new probation periods as outlined above.

This Agreement does not establish a precedent, nor does it interpret any employee rights under the language of the Labor Agreements, the Personnel Rules and Regulations, or any applicable policies and procedures of the City of Berkeley, except as expressly stated herein.

This Agreement memorializes and constitutes the entire understanding between the parties as to all matters referred to or included herein and supersedes and replaces all prior negotiations, proposed discussion, whether written or oral.

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

CONSENT CALENDAR
July 8, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Scott Ferris, Director, Department of Parks, Recreation, and Waterfront Subject: Construction Contract: Team Ghilotti for the South Cove West Lot Repaving Project

RECOMMENDATION
Adopt a Resolution:

1. Approving the plans and specifications for the rescoped South Cove West Lot Repaving Project (Bid Specification No. 25-11687-C); and

2. Accepting the bid of TEAM GHILOTTI as the lowest responsive and responsible bidder on the Project; 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 TEAM GHILOTTI, for the South Cove West Lot Repaving Project, in an amount not to exceed $1,884,641, which includes a contract amount consisting of base bid of $1,667,141, additive alternative A2 in the amount of $50,500, and a 10% contingency in the amount of $167,000.

FISCAL IMPACTS OF RECOMMENDATION
Funding is available from the FY 2025 CIP-Internal Loan (Fund 011), State Coastal Conservancy Grant (Fund 606), CIP Fund (Fund 501) and Marina Fund (Fund 608). No other funding is required, and no other projects will be delayed due to this expenditure.

Construction Cost
TEAM GHILOTTI (lowest bid)………………………………………………..$1,667,141 Additive Alternative A1……………………………………………………………$50,500
10% Contingency $167,000
Total construction cost $1,884,641
Funding Sources
CIP Internal Loan....................................................................................$402,959.12 State Coastal Conservancy Grant………………………………………..$1,270,733.49 CIP Fund………………………………………………………………………..$16,023.00
Marina Fund ...........................................................................................$194,925.39 Total construction cost $1,884,641

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Construction Contract: TEAM GHILOTTI for the South Cove West Lot Repaving Project CONSENT CALENDAR July 8, 2025

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CURRENT SITUATION AND ITS EFFECTS
South Cove West Lot Repaving Project (Project) is a Strategic Plan Priority Project, advancing our goal to provide state-of-the-art, well-maintained infrastructure, amenities, and facilities.

The City conducted a competitive Invitation For Bid (IFB) process in March, 2025, and opened bids on March 27, 2025. The City received six bids, with the lowest bid almost 30% over the City’s estimate.

On May 6, 2025 City Council adopted Resolution 71,754–N.S. rejecting all bids and authorizing the City Manager to direct staff to re-scope and re-bid the project to reflect available funding.

The City conducted a competitive Invitation For Bid (IFB) process in May, 2025, and the bid opening was on May 29, 2025. Seven (7) bids were received from a low bid of $1,667,141 to a high bid $2,115,148.16 for the base bid work (see Attachment 2: Bid Abstract). The City has determined that Team Ghilotti meets the California public construction code definition of lowest responsive and responsible bidder. References for Team Ghilotti proved satisfactory. Staff therefore recommends the contract be awarded to Team Ghilotti.

The Living Wage Ordinance does not apply to this project since Public Works construction contracts are, pursuant to City policy, subject to State prevailing wage laws. Contractor will submit a Certification of Compliance with the Equal Benefits Ordinance. The Community Workforce Agreement applies to this project because the estimated value of the project exceeds $500,000. As a result, the successful bidder and all subcontractors will be required to sign an agreement to be bound by the terms of the Agreement. Construction is expected to begin in late July 2025 and be completed by November 2025.

BACKGROUND
The South Cove West Parking Lot is a City-owned lot on state tidelands located on the south side of University Ave at the Berkeley Waterfront, with approximately 80 parking spaces for passenger vehicles. The gravel parking lot is adjacent to two non-profit sailing clubs (Cal Sailing Club and Cal Adventures) that provide a wide range of low- cost, free, volunteer-related, and summer camp activities along the shoreline to the general public, typically serving over 35,000 people per year. In addition, the parking lot serves the general public who visit the Berkeley Waterfront to access the waters of the Bay for sailing, windsurfing, kayaking, swimming, fishing, sight-seeing, visiting restaurants, and general outdoor recreation. The Berkeley Waterfront sees up to 300,000 person visits per year, and the parking lot is one of ten public lots that accommodate the visiting public.

The South Cove West Parking Lot is a key staging area at the Berkeley Waterfront for the general public for equitable access to the shoreline of the San Francisco Bay waters. It was originally constructed in the early 1970’s when the current layout of the

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Construction Contract: TEAM GHILOTTI for the South Cove West Lot Repaving Project CONSENT CALENDAR July 8, 2025

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Berkeley Waterfront was developed. By the 1990’s, the asphalt surfacing had deteriorated into a badly-rutted uneven surface consisting of gravel and soil with no ADA accessible features. In addition, the original parking lot never had a formal stormwater drainage system that meets current stormwater requirements; as a result, it ponds badly during winter storms and untreated stormwater drains directly to the Bay, and it becomes a huge dust bowl during summer months creating bad local air quality, and vehicles often track gravel onto nearby University Ave and the South Cove East Parking Lot (newly-renovated) causing accelerated deterioration of those asphalt surfaces. This free public resource that provides enhanced equitable access to the waters of San Francisco Bay is in desperate need of renovation.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The construction contract includes requirements to comply with the City’s Environmentally Preferable Purchasing Policy. The work will also comply with the conditions contained in the Bay Conservation Development Commission (BCDC) Permit.

RATIONALE FOR RECOMMENDATION
This project is part of the City’s ongoing effort to update and maintain the deteriorated infrastructure at the Berkeley Marina. The project will help the City advance Strategic Plan Long-term goal number 1 to provide state-of-the-art, well-maintained infrastructure, amenities, and facilities.

ALTERNATIVE ACTIONS CONSIDERED
None

CONTACT PERSON
Scott Ferris, Director, Parks Recreation & Waterfront, 981-6700 Nelson Lam, Supervising Civil Engineer, PRW, 981-6395
Attachments:
1: Resolution
2: Bid Abstract Summary

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

CONSTRUCTION CONTRACT: TEAM GHILOTTI FOR THE SOUTH COVE WEST

LOT REPAVING PROJECT
WHEREAS, The South Cove West Parking Lot is a key staging point for the Berkeley Waterfront, serving the general public, two non-profit sailing clubs, and Adventure Playground. The pavement condition at parking lot has deteriorated significantly over the recent decades, causing high sediments in stormwater runoff, bad air quality due to airborne dust particles, and a poor driving condition with no ADA accessible features; and WHEREAS, the City has neither the labor nor the equipment necessary to undertake this project; and
WHEREAS, the City conducted a competitive Invitation For Bid (IFB) process in March, 2025, and opened bids on March 27, 2025. The City received six bids, the lowest being almost 30% over the engineer’s estimate; and
WHEREAS, the lowest bid exceeded the City’s available budget for the project.

WHEREAS the Council of the City of Berkeley adopted Resolution 71,754–N.S. rejecting all bids at the May 7, 2025 council meeting; and authorized the City Manager is direct staff to re-scope and re-bid the project.

WHEREAS, the City conducted a competitive Invitation For Bid (IFB) process in process in May, 2025, and bid the opening was on May 29, 2025. Seven (7) bids were received from a low bid of $1,667,141 to a high bid $2,115,148.16 for the base bid work (see Attachment 2: Bid Abstract). The City has determined that Team Ghilotti meets the California public construction code definition of lowest responsible and responsible bidder. References for Team Ghilotti proved satisfactory; and WHEREAS, Funding is available from the FY 2025 CIP-Internal Loan (Fund 011), State Coastal Conservancy Grant (Fund 606), CIP Fund (Fund 501) and Marina Fund (Fund 608). No other funding is required, and no other projects will be delayed due to this expenditure.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the Council ratifies the action taken by the City Manager to: approve the rescoped Plans and Specification No. 25-11687-C for the South Cove West Lot Repaving Project; execute a contract and any amendments, extensions, or change orders until completion of the project in accordance with the approved plans and specifications with TEAM GHILOTTI for the South Cove West Lot Repaving Project in an amount not to exceed $1,884,641, which includes a contract amount consisting of base bid of $1,667,141, additive alternative A2 in the amount of $50,500, and a 10% contingency in the amount of $167,000 for unforeseen circumstances. A record signature copy of the agreement and any amendments to be on file in the Office of the City Clerk.

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Attachment 2: Bid Abstract Summary

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

CONSENT CALENDAR
July 8, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Scott Ferris, Director, Parks Recreation and Waterfront Subject: Lease Amendment with Yoonaco, Inc. (Hana Japan) at 235 University Avenue

RECOMMENDATION
Adopt first reading of an Ordinance amending the City’s improved property lease with Yoonaco, Inc. (Hana Japan) for property at 235 University Ave to extend the initial lease term through June 30, 2026, replace the five-year extension option with a one-year extension option, maintain the rent at the current rate of $7,868 per month for the lease term, and remove the daily operating requirement for the first floor of the property.

FISCAL IMPACTS OF RECOMMENDATION
This amendment would allow the City to continue receiving rent from 235 University Avenue at the current rate of $96,412 per year ($7,868 per month) through June 30, 2026. If the tenant chooses to exercise their lease extension option, the City would continue to receive this revenue for an additional year through June 30, 2027. Revenue from this lease will be deposited into the Marina Fund, budget code 608-52-544-592- 0000-000-000-461120.

Without this extension, the lease would transition into holdover effective July 1, 2025, and the rent would increase by 120% to $9,441 per month. The current lease provides the tenant with the option to exercise a five-year lease extension that raises the rent to $9,160 per month and increases annually by 3%. However, the tenant has communicated to City staff that they cannot afford the rent increase.

CURRENT SITUATION AND ITS EFFECTS
Yoonaco, Inc. holds the lease for the City-owned property at 235 University Avenue, which includes two levels of restaurant space. The tenant has been operating Hana Japan on the second floor of the property since 2006. The tenant attempted to reactivate the first floor with the Marina Seafood Dockside Patio restaurant, which opened in January 2024, but closed a year later in February 2025.

The current lease between the City and Yoonaco, Inc. started on July 1, 2020, and was set to expire on June 30, 2025. In anticipation of the lease expiring, City staff met with

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Lease Amendment: 235 University Avenue,
Yoonaco, Inc. (Hana Japan) CONSENT CALENDAR
July 8, 2025

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the tenant to discuss whether to exercise the extension option. The tenant shared the restaurant’s challenges and how the terms of the extension option were not feasible for their business. The tenant proposed the following changes to the lease that would allow them to continue their tenancy:
 Extend the initial term of the lease for one year beginning July 1, 2025 and expiring on June 30, 2026
 Replace the five-year option period with a one-year option period  Maintain the rent at the current rate of $7,868 per month (instead of raising the rent to $9,160 per month)
 Removing the daily operating requirement on the first floor The tenant is proposing a shorter lease term to give them the flexibility to respond to market pressures. The tenant expressed concerns about declining foot traffic, as well as a changing competitive landscape. A shorter lease term would allow the tenant to analyze the viability of their business.

Additionally, the tenant is asking to maintain the rent at the current rate through the proposed initial term and option period of the lease. The tenant cited unfavorable market conditions and rising operational and maintenance costs as reasons for keeping the rent at the current level.

Furthermore, the tenant is looking to reactivate the first floor as a catering and banquet rental, which would require the removal of the daily operating requirements as stipulated in the lease. The current lease requires the first floor to operate for six days per week for a minimum of four hours per day, which would be incongruent with the tenant’s proposed business model.

BACKGROUND
Hana Japan is a restaurant that has been operating on the second floor of 235 University Avenue since 2006. On June 16, 2020, City Council approved a five-year lease with a five-year option period for Yoonaco, Inc., which operates Hana Japan (Ord. 7703-N.S.). The lease went into effect on July 1, 2020 and was set to expire on June 30, 2025. The tenant is current with all rent payments from the initial lease term and met the capital contributions required by the lease.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Lease revenue generated at the Waterfront is required to be reinvested into the public trust lands overseen by the City and supports the City’s environmental/ecological educational programming at the Shorebird Park Nature Center, habitat maintenance at Cesar Chavez Park, and capital projects.

RATIONALE FOR RECOMMENDATION

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Lease Amendment: 235 University Avenue,
Yoonaco, Inc. (Hana Japan) CONSENT CALENDAR
July 8, 2025

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The Marina Fund is experiencing significant pressure due to reduced rental revenue from Waterfront tenants. By amending the lease with the proposed terms, the City can continue to receive rental revenue from the property, while the tenant can continue operating their business with lease terms that are feasible for their business.

ALTERNATIVE ACTIONS CONSIDERED
The City could allow the lease to transition into holdover effective July 1, 2025, which would raise the rent by 120%. The tenant has communicated that their business cannot afford this rent increase. If the lease were to go into holdover, the tenant would be at risk of defaulting on the lease, ceasing operations, and leaving the property vacant. This would be detrimental to City finances, as the Marina Fund would lose more rent revenue and the property could sit vacant for an extended period, incurring significant maintenance costs and potentially becoming blighted.

CONTACT PERSON
Scott Ferris, Director, Parks Recreation and Waterfront, 981-6700 Attachments:
1: Ordinance
Exhibit A: Amendment to Lease Agreement

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ORDINANCE NO. -N.S.

LEASE AMENDMENT FOR YOONACO, INC. DBA HANA JAPAN AT 235 UNIVERSITY AVENUE
BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1.

The City Manager is hereby authorized to enter into an Amendment to the Lease Agreement with Yoonaco, Inc. dba Hana Japan, for the property at 235 University Avenue. The terms of the amendment shall be on substantially the terms set forth in Exhibit A.

Section 2.

The initial term for the lease will be extended by one year, to expire on June 30, 2026.

The five-year extension option will be replaced with a one-year extension. The rent will remain at $7,868 per month for the initial term of the lease and through the one-year option period. The daily operating requirement for the first floor will be removed.

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.

Exhibits
A: Amendment to Lease Agreement

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1 Exhibit A:

AMENDMENT TO LEASE AGREEMENT

This Lease amendment (“Amendment”) is made on and entered into as of July 1, 2025, between the CITY OF BERKELEY (“Landlord”), a Charter City organized and existing under the laws of the State of California, and YOONACO, INC. DBA HANA JAPAN, a California Corporation (“Tenant”), who agree as follows:

This lease amendment is made with reference to the following facts and objectives:

A. Per City Ordinance No. 7,703-N.S. approved on June 26, 2020, Landlord and Tenant entered into an Improved Property Lease which was effective on July 1, 2020 (“the Lease Agreement”).

B. In the Lease Agreement, the Landlord and Tenant agreed to an Initial Term of five (5) years with a five (5)-year Option Period.

C. Tenant requested one (1) additional year of tenancy with an option to extend the Lease Agreement for one (1) year, and to remove the existing five (5)-year option period.

D. Tenant requested to maintain the current monthly rent payment of Seven Thousand Eight Hundred and Sixty-Eight DOLLARS ($7,868) per month for the remainder of the Initial Term and for the Option Period of the Lease Agreement.

E. Tenant requested to remove the daily operating requirement for the first floor of the Property.

F. Per Ordinance No. 7,703-N.S., the City Manager is authorized to execute amendments to the lease.

Therefore, the Landlord and Tenant agree to amend the Lease Agreement as follows:

1. Basic Lease Information is amended with the following language:

7. Initial Term: Six (6) Year(s), commencing as of July 1, 2020 (“Commencement Date”).

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2 8. Rent:

Lease Period Beginning: Monthly Rent Due Yearly Rent Due July 1, 2020 (2 months) $2,832.50 $57,415 September 1, 2020 (10 months) $5,175
July 1, 2021 $5,330 $63,963
July 1, 2022 $7,416 $88,992
July 1, 2023 $7,638 $91,662
July 1, 2024 $7,868 $94,412
July 1, 2025 $7,868 $94,412
Option Year Beginning: Monthly Rent Due Yearly Rent Due July 1, 2026 $7,868 $94,412

2. Section 2. TERM is amended with the following language:

A. The Initial Term shall commence on the July 1, 2020 (“Lease Commencement Date”) and expire on June 30, 2026 (“Lease Expiration Date”).

B. Tenant is granted the option (“Extension Option”) to extend the initial term of this lease for an additional term of one (1) year (“Option Period”) provided all of the Extension Conditions are met.

3. Section 3. RENT: The schedule of monthly rent payment is amended to reflect changes in Basic Lease Information: 8. Rent, referenced above.

4. Section 5.F. USE OF PROPERTY is deleted and replaced with the following language:

F. The first floor commercial space may be subleased to a separate entity pursuant to Section 15.

5. In all other respects, the Lease Agreement shall remain in full force and effect.

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3 IN WITNESS WHEREOF, City and Tenant have executed this Amendment as of the date written on the first paragraph above.

CITY OF BERKELEY

BY: APPROVED AS TO FORM:

________________________
City Manager City Attorney
Dated: _____________________

REGISTERED BY: ATTEST:

____________________ ________________________
City Auditor Deputy City Clerk

TENANT

_______________________________
By:

Title:

_______________________________
City of Berkeley Business License No.

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

CONSENT CALENDAR
July 8, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Jordan Klein, Director, Planning and Development Department Subject: Contracts for Plan Checking Services

RECOMMENDATION
Adopt three Resolutions authorizing the City Manager to execute contracts and any amendments for plan checking services for three-year terms with the following firms:

1. Coastland | DCCM for an amount not to exceed $1,000,000

2. Telesis Engineers for an amount not to exceed $1,500,000

3. West Coast Code Consultants for an amount not to exceed $2,000,000

FISCAL IMPACTS OF RECOMMENDATION
The full costs for outside plan checking services, including all expenditures through these contracts, are covered through plan check fees paid by applicants. The consultants are used on an as-needed basis, which varies based on the availability of in-house resources, as well as on the level and complexity of construction projects. The consultants invoice the City by project, based on work completed.

The amount requested per contract is a not-to-exceed (NTE) amount, which is expected to last for three years. Based on previous experience, staff expect that the aggregate amount spent on these as-needed services over the contracts’ duration will be significantly less than the total NTE amounts. The average total spending on outside plan check services over the last three years was $1.1 million per year. The average plan check revenues received by the City over the last three fiscal years was $5.48 million per year. The expenditure code for plan checking services is 621-53-585-634- 0000-000-472-612990- (Prof Svcs – Miscellaneous).

CURRENT SITUATION AND ITS EFFECTS
The City requires owners and contractors to obtain building permits prior to construction. Plan review must be performed before most building permits can be issued. Plan check contractor services vary with the volume and complexity of construction projects, and availability of in-house plan checkers.

In response to the City’s release of a Request for Proposals (RFP) for plan checking services (Specification No. 25-11713-C (Reissue)), 18 proposals were received and

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Contracts for Plan Checking Services CONSENT CALENDAR
July 8, 2025

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reviewed by a committee of Planning and Development Department staff. Proposals were judged on five criteria outlined in the RFP, and the firms Coastland | DCCM, Telesis Engineers, and West Coast Code Consultants received the highest rankings.

BACKGROUND
The Planning and Development Department has maintained contracts for outside plan check services since 1989, to ensure reasonable turnaround times for customers. The contracts are primarily used for plan review services on an as-needed basis for all types of projects, including new buildings, renovations and alterations of existing buildings, soft-story building retrofits, and high-rise buildings including special life safety provisions. Consultants may also review proposals and make recommendations to the Building Official on acceptance of alternative materials, designs and methods of construction per Section 104.11 of the California Building Code.

Telesis and West Coast Code Consultants have contracted with the City to provide plan checking services since 2001 and 2013, respectively, and have provided exemplary service. Due to high plan check activity over the most recent three-year period, it was necessary to extend the current contracts through September 30, 2025, and amend them with additional funds, to provide capacity while the Planning Department completed the new procurement process.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The plan check firms will conduct their work remotely. The Building and Safety Division requires customers to submit plans electronically and conducts electronic plan check.

As a result, work can be transferred swiftly to outside consultants without the need to transport plans, and all plan review processes are paperless.

RATIONALE FOR RECOMMENDATION
The services provided by the consultants allow the Building and Safety Division to maintain a turnaround time for plan review that meets the City’s performance objectives and the needs of the community. Consultants can be used flexibly when volume is higher than staff can handle, and to maintain necessary services in the face of unforeseeable staff shortages. Consultants also provide special expertise when needed, such as reviews for the soft-story program, advanced building systems, customized construction, etc. Without this help, the review time would be increased substantially, particularly on large and complex projects, and special expertise would have to be contracted on a case-by-case basis, which would increase costs.

ALTERNATIVE ACTIONS CONSIDERED
None.

CONTACT PERSON
Jesse Bright, Supervising Plan Check Engineer, Planning Department, 981-7523 David Lopez, Building Official, Planning Department, 981-7441

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Contracts for Plan Checking Services CONSENT CALENDAR
July 8, 2025

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Attachments:

1. Resolution: Coastland | DCCM

2. Resolution: Telesis Engineers

3. Resolution: West Coast Code Consulting

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

CONTRACT: COASTLAND | DCCM FOR PLAN CHECKING SERVICES
WHEREAS, the City of Berkeley has utilized the services of private plan checking consultants since 1989 to provide expertise and the flexibility to respond to varying work demand; and
WHEREAS, there is a continuing need for flexibility to provide timely plan review when City staff are not available to provide the required services within the timeframe established to meet the City’s performance requirements; and WHEREAS, eighteen firms responded to a Request for Proposals released on April 15, 2025 (Specification No. 25-11713-C (Reissue)); and
WHEREAS, a selection committee reviewed the proposals and determined that the firms Coastland | DCCM, Telesis Engineers, and West Coast Code Consultants were the best qualified to provide the services needed; and
WHEREAS, the cost of the contracted service and overhead is fully recoverable in fees; and
WHEREAS, the contract has been entered in the Citywide contracts database and assigned; and
WHEREAS, funding for miscellaneous professional services is a baseline budget item (621-53-585-634-0000-000-472-612990-), set at $1.37 million per year and any additional funding above the baseline will be available from the Fund 621 fund balance to be appropriated as part of a future amendment to the appropriations ordinance (AAO).

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to execute a contract, and any amendments, with Coastland | DCCM for plan checking services for a total contract period of three years in an amount not to exceed $1,000,000 for the Planning and Development Department (from account 621-53-585-634-0000-000-472-612990-).

BE IT FURTHER RESOLVED that a record signature copy of said contract and any amendments will be on file in the Office of the City Clerk.

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

CONTRACT: TELESIS ENGINEERS FOR PLAN CHECKING SERVICES
WHEREAS, the City of Berkeley has utilized the services of private plan checking consultants since 1989 to provide expertise and the flexibility to respond to varying work demand; and
WHEREAS, there is a continuing need for flexibility to provide timely plan review when City staff are not available to provide the required services within the timeframe established to meet the City’s performance requirements; and WHEREAS, eighteen firms responded to a Request for Proposals released on April 15, 2025 (Specification No. 25-11713-C (Reissue)); and
WHEREAS, a selection committee reviewed the proposals and determined that the firms Coastland | DCCM, Telesis Engineers, and West Coast Code Consultants were the best qualified to provide the services needed; and
WHEREAS, the cost of the contracted service and overhead is fully recoverable in fees; and
WHEREAS, the contract has been entered in the Citywide contracts database and assigned; and
WHEREAS, funding for miscellaneous professional services is a baseline budget item (621-53-585-634-0000-000-472-612990-), set at $1.37 million per year and any additional funding above the baseline will be available from the Fund 621 fund balance to be appropriated as part of a future amendment to the appropriations ordinance (AAO).

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to execute a contract, and any amendments, with Telesis Engineers for plan checking services for a total contract period of three years in an amount not to exceed $1,500,000 for the Planning and Development Department (from account 621-53-585-634-0000-000-472-612990-).

BE IT FURTHER RESOLVED that a record signature copy of said contract and any amendments will be on file in the Office of the City Clerk.

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

CONTRACT: WEST COAST CODE CONSULTING FOR PLAN CHECKING SERVICES WHEREAS, the City of Berkeley has utilized the services of private plan checking consultants since 1989 to provide expertise and the flexibility to respond to varying work demand; and
WHEREAS, there is a continuing need for flexibility to provide timely plan review when City staff are not available to provide the required services within the timeframe established to meet the City’s performance requirements; and WHEREAS, eighteen firms responded to a Request for Proposals released on April 15, 2025 (Specification No. 25-11713-C (Reissue)); and
WHEREAS, a selection committee reviewed the proposals and determined that the firms Coastland | DCCM, Telesis Engineers, and West Coast Code Consultants were the best qualified to provide the services needed; and
WHEREAS, the cost of the contracted service and overhead is fully recoverable in fees; and
WHEREAS, the contract has been entered in the Citywide contracts database and assigned; and
WHEREAS, funding for miscellaneous professional services is a baseline budget item (621-53-585-634-0000-000-472-612990-), set at $1.37 million per year and any additional funding above the baseline will be available from the Fund 621 fund balance to be appropriated as part of a future amendment to the appropriations ordinance (AAO).

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to execute a contract, and any amendments, with West Coast Code Consulting for plan checking services for a total contract period of three years in an amount not to exceed $2,000,000 for the Planning and Development Department (from account 621-53-585-634-0000-000-472-612990-).

BE IT FURTHER RESOLVED that a record signature copy of said contract and any amendments will be on file in the Office of the City Clerk.

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

CONSENT CALENDAR
July 8, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Terrance Davis, Director, Public Works
Subject: Contract No. 32810081 Amendment: FirstCarbon Solutions, Inc. for California Environmental Quality Act Compliance for the Solid Waste & Recycling Transfer Station Replacement Project

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to amend the existing contract with FirstCarbon Solutions, Inc. for the Solid Waste & Recycling Transfer Station Replacement Project compliance with the California Environmental Quality Act. The Contract will be increased from $650,000 to $725,000.

SUMMARY
The City has contracted with FirstCarbon Solutions, Inc. (FCS), to conduct all required studies and solicit all regulatory and community input to comply with California Environmental Quality Act’s (CEQA) requirements for the proposed Solid Waste & Recycling Transfer Station (SW&RTS) Replacement Project. The FCS’s CEQA compliance work will include the two concepts developed by the SW&RTS Feasibility Study, Zero Waste Collaborative, Contract No. 10986. These concepts were reviewed at the Council’s November 5, 2019, Work Session.

As part of the CEQA checklist review process, the City’s Planning & Development Department (Planning) is the Lead Environmental Agency to receive, review and approve CEQA’s resulting Environmental Impact Report (EIR). FCS will use the additional funds from this amendment to update site maps to reflect the State of California’s electric vehicle (EV) infrastructure mandates. The updated maps will include the proposed locations for EV charging infrastructure. Additionally, the funding will support the completion of Phase I and II cultural resource and soil testing at the Transfer Station, in response to CEQA-related comments received. This additional funding will allow the project to move forward to complete the Environmental Impact Report (EIR). The existing contract has a not to exceed amount of $650,000, and requires an increase of a new not to exceed amount of $725,000 to fund the work necessary to complete this Application.

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CEQA Compliance for the Solid Waste CONSENT CALENDAR
& Recycling Transfer Station Replacement July 8, 2025
Project Contract Amendment

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FISCAL IMPACTS OF RECOMMENDATION
The necessary funding necessary for this amendment is available in the FY2026 adopted budget in the Zero Waste Fund (Fund 601).

CURRENT SITUATION AND ITS EFFECTS
The replacement of the existing waste and recycling facilities is necessary for the City cannot meet its Zero Waste and 2009 Climate Action Plan goals. These facilities are beyond their projected and useful service life and do not meet environmental permitting requirements and safe operational standards, including seismic standards. The Public Works Department, as the Transfer Station Replacement Project’s applicant, is required to file a Land Use Application with the Planning Department, which is the Lead Environmental Agency. To meet these City requirements, and CEQA, Public Works retained FCS to complete the Environmental Impact Study (EIR).

The Solid Waste & Recycling Transfer Station Replacement Project is in alignment with the Strategic Plan and will advance the City’s goals to be a customer-focused organization with facilities that provide excellent, timely, easily accessible services and information to the community as well as provide state-of-the-art and well-maintained infrastructure, amenities, and facilities, and be a global leader in addressing climate change, advancing environmental justice, and protecting the environment.

BACKGROUND
The current Transfer Station was built in 1983 and various recycling facilities added in the 1980s and 90s. These facilities handle all of the City’s and its contracted vendors’ curbside collected and self-haul refuse, dual stream recycling, and green/food waste materials on a 7.45-acre site. The current facilities are poorly integrated, and operations cannot be coordinated to provide the facilities’ customers ease of use, easy access or drop-off of refuse, recyclable and organic waste materials. These facilities do not meet current seismic requirements; have not been upgraded or improved since their construction; have exceeded their useful and serviceable life; and are unable support the City’s Zero Waste Goal. The stated goals of the SW&RTS Feasibility Study included the following:
• Solicit extensive community members’ and stakeholders’ ideas, direction. o Seven meetings were conducted throughout the City and resulted in forty plus (40+) hours of active public and stakeholder involvement, • Put these community driven ideas on paper and solicit additional community members input and direction, and
• Produce a community driven and supported replacement facility.

This community member and stakeholder envisioned facility will allow the City to divert additional materials that are currently being landfilled for additional reuse or recycling.

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CEQA Compliance for the Solid Waste CONSENT CALENDAR
& Recycling Transfer Station Replacement July 8, 2025
Project Contract Amendment

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At the November 5, 2019, Council Work Session, feedback was provided on the two concepts developed with this extensive general public input for the Solid Waste & Recycling Transfer Station (SW&RTS) Replacement Project, including:
 Fall Listening Sessions
o November 7th, 2018 1:30 p.m. - 3:30 p.m.
 Berkeley Central Library, 3rd Floor Community Room, 2090 Kittredge Street
o November 28th, 2018 6 p.m. - 9 p.m.
 South Berkeley Senior Center, 2939 Ellis Street
 January Charrette- All sessions held at: James Kenney Community Center, 1720 8th Street
o January 16th, 2019 6:00 p.m. – 8:00 p.m.
 Session 1: Ideas to paper
o January 17th, 2019 6:00 p.m. – 8:00 p.m.
 Session 2: Analyze first night’s outcomes
o January 18th, 2019 10:00 a.m. – 12:00 p.m.
 Session 3: Recap
 Spring Workshops
o March 14th, 2019 6:00 p.m. – 8:00 p.m.
 James Kenney Community Center, 1720 8th Street
o March 15th, 2019 2:00 p.m. – 4:00 p.m.
 North Branch Public Library, 1170 The Alameda
o May 22nd, 2019 5:00 p.m. - 7:00 p.m.
 Berkeley Public Library - West Branch, 1125 University Avenue The two concepts proposed for the site are:
 Concept A: Material Recovery Facility (MRF) & Transfer Station (TS) would be combined as one large building which would allow flexibility in both MRF & TS tipping floor footprint and usage.
 Concept B: Material Recovery Facility & Transfer Station in two separate buildings that would replicate existing MRF & TS tipping floor footprint and usage.

After all comments have been addressed in the EIR, the City’s Planning Department will take an item to Council to adopt the EIR. Following the adoption of the EIR, the City will move towards project financing options, full design, and construction.

For the City to meet previous City and State legislated mandates, and waste reduction efforts, the City will need to replace aging facilities. To maximize these program services and infrastructure flexibility, these facilities need to be integrated and function seamlessly together. The original project scope included both concepts through the EIR.

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CEQA Compliance for the Solid Waste CONSENT CALENDAR
& Recycling Transfer Station Replacement July 8, 2025
Project Contract Amendment

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Berkeley City CouncilJuly 8, 2025

Berkeley City Council
July 8, 2025