Berkeley City Council
December 2, 2025

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
December 2, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Scott Gilman, Director, Health, Housing, and Community Services Subject: Companion Report: Loan Modification Requests for Housing Trust Fund Projects at 1139 Hearst Avenue, 3253 Adeline Street, and 1471 Addison Street and Update Interest Rates and Accrued Interest on Housing Trust Fund Loans

RECOMMENDATION
Adopt a Resolution approving the following actions to modify three existing Housing Trust Fund (HTF) loans by:

1. Authorizing the City Manager or designee to extend Resources for Community Development’s existing HTF loan for 1139 Hearst Avenue (Hearst Street Apartments) for five years and reducing the interest rate for the remaining term to 3% simple interest. The principal amount of $916,000 will remain the same.

2. Authorizing the City Manager or designee to combine South Berkeley Neighborhood Development Corporation’s three HTF loans for 3253 Adeline Street (Lorin Station) into a new loan in the amount of $1,230,117, with 0% interest and a new loan maturity date of May 7, 2079, to align with their 2021 emergency rehab loan. The Regulatory Agreement will have a term of May 7, 2079, to be coterminous with the loan maturity date.

3. Authorizing the City Manager or designee to refinance the existing HTF loan for 1471 Addison Street (Addison Court Housing Cooperative) into a new loan with a 55-year term and 3% simple interest. The principal amount of $150,000 will remain the same. The Regulatory Agreement will have a term of November 1, 2080, to be coterminous with the loan maturity date.

4. Authorizing the City Manager or designee to execute all original or amended documents or agreements to effectuate these actions, including amendments to existing loan agreements.

5. Referral to staff to examine the HTF administrative guidelines to update the standards for interest rates and accrued interest for future HTF loans.

SUMMARY
The owners of three HTF projects requested modification to the terms of their existing HTF loans: Hearst Street Apartments, Lorin Station, and Addison Court Housing Cooperative (Addison Court). All three owners requested to extend their loan terms,

Companion Report: Loan Modification Requests for HTF Projects CONSENT CALENDAR December 2, 2025

which either expired or are set to expire in the next year. No additional HTF funds have been requested. Staff support extending the loan terms and reducing the interest rate to 0% for Lorin Station, and 3% for Hearst Street and Addison Court consistent with the current HTF Guidelines. Extending the terms ensures continued affordability of 56 housing units for lower income households. At this time, staff respectfully do not support forgiveness of accrued interest for these three HTF projects as recommended by the Housing Advisory Commission (HAC). The City’s investment of public funds in these projects needs to be protected, as repayments into the HTF will support the creation or preservation of more affordable housing units. Without accruing interest, the City’s investment loses value over time. More research is required before staff can make a recommendation related to forgiving accrued interest that balances stewardship of public funds with the financial needs of City-funded affordable projects. Staff will review current loan modification criteria and assess the impact of forgiving accrued interest on the projects and on the City.

FISCAL IMPACTS OF RECOMMENDATION
In extending the three HTF loans, the City is forgoing full repayment in the short term, collectively estimated at $5.17M ($2.296M in principal plus $2.875M in accrued interest), to ensure continued affordability. By refinancing the existing loans, the City will be able to extend its affordability requirements without adding new funding. The borrowers will continue to repay the City through residual receipts, when the projects have positive cash flow.

CURRENT SITUATION AND ITS EFFECTS
Owners of three HTF projects requested modification to the terms of their HTF loans for the following projects: Hearst Street Apartments, Lorin Station, and Addison Court Housing Cooperative (Addison Court). The Lorin Station loan and Hearst Street Apartments loan reached their loan maturity dates, and their respective loan repayments are past due. Addison Court’s loan is due in October 2026.

Staff support extension of the loan term for Hearst Street Apartments by 5 years, giving RCD the opportunity to establish a plan for improving project cash flow and developing a plan to address capital improvements. The regulatory agreement recorded against the property will be in effect until 2055 and will continue to restrict the 32 multifamily units at an affordable level.

Staff also support extension of the loan terms for Lorin Station and Addison Court, and extension of the affordability period by 55 years; thus, ensuring long-term affordability for 14 units at Lorin Station and 10 cooperative units at Addison Court. In addition, staff supports reducing the interest rates for all three projects to provide relief from the higher 6% interest rate applied to the loans back in early 2000s when the interest rate ranged between 8-9%. No additional HTF funds were requested.

On September 4, 2025, the Housing Advisory Commission (HAC) supported the loan modification requests for these HTF projects with the following vote:

Companion Report: Loan Modification Requests for HTF Projects CONSENT CALENDAR December 2, 2025

Action: M/S/C (Potter/Simon-Weisberg) to recommend City Council to:

1. Extend Resources for Community Development’s existing HTF loan for 1139 Hearst Avenue (Hearst Street Apartments) for five years and reduce the interest rate for the remaining term to 3% simple interest. The principal amount of $916,000 will remain the same.

2. Combine South Berkeley Neighborhood Development Corporation’s three HTF loans for 3253 Adeline Street (Lorin Station) into a new loan in the amount of $1,230,117, with 0% interest and a new loan maturity date of May 7, 2079, to align with their 2021 emergency rehab loan. The Regulatory Agreement will have a term of May 7, 2079, to be coterminous with the loan maturity date.

3. Refinance existing HTF loan for 1471 Addison Street (Addison Court Housing Cooperative) into a new loan with a 55-year term and 3% simple interest. The principal amount of $150,000 will remain the same. The Regulatory Agreement will have a term of November 1, 2080, to be coterminous with the loan maturity date.

4. Authorize the City Manager or designee to execute all documents required to effectuate these actions, including amendments to existing loan agreements.

5. Forgive the accrued interest as of the effective date of the new and/or amended loan for each new loan for Hearst Street Apartments, Lorin Station, and Addison Court Housing Cooperative.

6. Direct staff to examine the HTF administrative guidelines to update the standards for interest rates and accrued interest for future HTF loans.

Vote: Ayes: Bell, Haycox, Micael, Potter, Shere, Simon-Weisberg, and Twu. Noes:

None. Abstain: None. Absent: Scott.
 The HAC agreed with staff recommendations as stated in #1 through 4 above and added recommendations #5, to forgive the accrued interest to date for all three loans, and #6, to direct staff to examine the HTF Guidelines and update the standards for interest rates and accrued interest for future loans. While staff respect the commission’s recommendations and share their desire to support the City’s non-profit housing providers, staff respectfully do not agree with the recommendation to forgive accrued interest for these loans at this time. The City’s investment of public funds in these projects needs to be protected, as repayments into the HTF will support the creation or preservation of more affordable housing units. Without accruing interest, the City’s investment loses value over time. More research is required before staff can make a recommendation related to forgiving accrued interest that balances stewardship of public funds with the financial needs of City-funded affordable projects.  Staff agree further examination of the City’s loan modification standards is warranted, specifically regarding interest rates and forgiveness of accrued

Companion Report: Loan Modification Requests for HTF Projects CONSENT CALENDAR December 2, 2025

interest. However, staff don’t recommend providing a blanket approval of forgiveness of the accrued interest on these three loans and future loan modification requests until staff is able to complete a review of the loan modification standards, including what criteria should be considered if forgiveness of accrued interest is requested by a project sponsor. Retaining the ability for the City to recoup HTF loans with accrued interest remains a priority because the proceeds from repayment of these loans would go back to the HTF to support new affordable housing projects or rehab of existing projects.

BACKGROUND
The City of Berkeley’s HTF program provides loans to housing developers for the acquisition, development, and preservation of affordable housing in Berkeley. The older HTF loans, primarily those executed between the late 1990s and early 2000s, have 30- year terms and a 6% interest rate (prime rates were over 8.25% at that time). Recent HTF loans typically have 55-year terms and a 3% interest rate, per current HTF Guidelines. Under the current guidelines, the City Manager or designee can approve different interest rates, if required to support project feasibility. To date, the City’s HTF rental housing portfolio consists of 60 projects with about 1700 affordable housing units serving extremely low to low-income households. Approximately half of these properties have loans coming due in the next 2-5 years.

When evaluating loan modification requests, staff consider multiple factors including:
 Financial necessity and the owner’s ability to continue operating the project as affordable housing
 Long-term stewardship of City’s investment in the project, ensuring housing affordability, and physical and financial viability of the property throughout the term of the City’s loan and regulatory agreement; and
 Impact on owner’s repayment of the City loan.

The following three HTF projects requested loan modifications:
 Hearst Street Apartments is a 32-unit multifamily affordable housing development located at 1133-39 Hearst Avenue and owned by Resources for Community Development (RCD). The Development Loan Agreement (DLA) requires 27 of the units at Hearst Street Apartments to be occupied by households whose incomes are at or below 60% Area Median Income (AMI). o In 1994, the City loaned RCD a total of $916,800 in HTF funds for the acquisition and rehabilitation of Hearst Street Apartments. The loan has a 30-year term and a 55-year regulatory agreement, as was standard for HTF loans at that time. The principal balance and interest accrued at 6% simple interest per year was due and payable on August 30, 2024. The regulatory agreement recorded against the property will be in effect until 2055 and will continue to restrict the units at an affordable level.

Companion Report: Loan Modification Requests for HTF Projects CONSENT CALENDAR December 2, 2025

o RCD was unable to pay off the City’s loan when the term ended in August 2024. The total amount due is $2.55M, including $916,000 in principal and $1,638,601 in accrued interest.
o RCD requested the loan term be extended by 5 years to August 30, 2029, to give them an opportunity to consider strategies for improving rental revenue and to explore other funding sources to support deferred maintenance and capital improvements at the property.
o Staff supports extension of the loan term by 5 years, and to reduce the interest rate from 6% to 3% simple interest to be consistent with current HTF Guidelines.

The City and RCD will revisit the loan terms at the end of the five-year extension period. At that time, it is anticipated RCD will have a plan to address the property’s ongoing operations and a financing strategy to fund future capital improvement needs.
 Lorin Station is a mixed-use affordable housing development located at 3253– 3269 Adeline Street with 14 residential units and approximately 4,500 square feet of ground-floor commercial space. It is owned by South Berkeley Neighborhood Development Corporation (SBNDC) The 1991 Development Loan Agreement requires 10 of the units at Lorin Station to be occupied by households whose incomes are at or below 50% of AMI.
o SBNDC received three HTF loans for the development and maintenance of the property (a development loan of $177,000 in 1989, and $322,000 in 1991; and an emergency rehabilitation loan of $730,742 in 2021). o The 1989 and 1991 loans were initially awarded as grants to SBNDC; they were converted to loans for the purpose of applying for tax credit financing.
o The 6% simple interest incurred on the 1989 and 1991 loans collectively amount to $1,020,064 ($377,211 and $642,853 respectively). The 1991 loan came due in December 2021, and the 1989 loan is due in October 2029. SBNDC did not have the financial resources to repay the 1991 loan in December 2001, which amounted to $964,853 in principal and accrued interest to date. SBNDC requested the loans be converted back to grants. o Recognizing the original intent of Council was to provide the funds as a grant to help facilitate the development of Lorin Station, and at the same time in an effort to be consistent with current HTF Guidelines and practice, staff recommends refinancing the three City loans into a single loan in the amount of $1,230,117 with an interest rate of 0% simple interest to be coterminous with the terms of the 2021 Emergency Rehabilitation Loan.

SBNDC would repay the loan through residual receipts and only when surplus cash is available.

Companion Report: Loan Modification Requests for HTF Projects CONSENT CALENDAR December 2, 2025

SBNDC is working on strategies to increase rental income and improve cash flow at Lorin Station, including the possibility of securing project-based rental assistance.
 Addison Court is located at 1135-1139 Addison Street with ten units. It is owned by the Addison Court Housing Cooperative (ACHC) and is self-managed by the cooperative’s resident members. Since the project’s inception in 1998, the property has provided a valued source of resident-managed affordable housing.

The project provides affordable housing to very low- and low-income residents.

According to the regulatory agreement, four units are restricted at 50% AMI, four units at 60% AMI, and two units at 80% AMI. The most recent annual compliance report shows the majority of ACHC households have incomes below 60% AMI. o In 1996, the City provided a $200,000 HTF loan for the acquisition and rehabilitation of Addison Court.
o Per the terms of the Development Loan Agreement, the City approved forgiveness of $50,000 of the loan resulting in a new principal amount of $150,000 and transferred ownership of the improvements to ACHC in 1998.
o The 6% simple interest loan accrued $216,657 in interest to date. The loan matures in October 31, 2026.

ACHC requested a loan modification to: Reduce the interest rate from 6% to 0% or reduce it to 3% if 0% interest is not feasible; forgive the accrued interest to date; and extend the loan maturity by 55 years.

To remain consistent with current HTF Guidelines and practice, staff supports ACHC’s proposal to extend the loan maturity date by 55 years and to reduce the interest rate from 6% to 3%. Staff does not support forgiveness of accrued interest until staff has completed a review of the HTF Guidelines related to interest rate standards and criteria for forgiveness of accrued interest. Payment on the City’s loan is based on residual receipts where ACHC would make payments if there is project cash flow. ACHC is seeking a loan modification in advance of the loan maturity date to enhance the project’s financial stability, improve housing quality and achieve long-term stability through a structured business plan that will help ACHC reduce the property’s debt and plan for major capital improvements needed in the next 20 years.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no environmental sustainability effects directly associated with the recommendations in this report.

RATIONALE FOR RECOMMENDATION
Staff support extending the loan terms and reducing the interest rates for Hearst Street Apartments, Lorin Station and Addison Court Housing Cooperative. All three projects are occupied, and all three serve households at lower incomes than is required in the

Companion Report: Loan Modification Requests for HTF Projects CONSENT CALENDAR December 2, 2025

City’s regulatory agreements. The proposed recommendations support the projects’ continued operation as affordable housing. While staff do not currently recommend forgiving the accrued interest, staff will review the HTF Guidelines and internal policies around loan modifications, to assess the impacts of forgiving accrued interest to future HTF projects and to the City.

ALTERNATIVE ACTIONS CONSIDERED
None of the project owners are in a position to repay their HTF loans, and requiring repayment could result in a loss of affordability and displacement of existing, lower income residents. Staff considered HAC’s recommendation to forgive the accrued interest on these and future loan modification requests but respectfully do not support this recommendation until staff completes a review of the loan modification standards, including what criteria should be considered if forgiveness of accrued interest is requested by a project sponsor.

CONTACT PERSON
Lourdes Chang, Senior Community Development Project Coordinator, HHCS, (510) 981-5263
Attachments:
1: Resolution

RESOLUTION NO. ##,###–N.S.

APPROVING LOAN MODIFICATIONS FOR THREE EXISTING HOUSING TRUST FUND PROJECTS: HEARST STREET APARTMENTS, LORIN STATION, AND

ADDISON COURT HOUSING COOPERATIVE
WHEREAS, City Council established a Housing Trust Fund (HTF) program to assist in the development and expansion of affordable housing to low- and moderate-income persons who either work or reside within the City of Berkeley, and authorized the City Manager to implement the HTF program; and
WHEREAS, City Council adopted guidelines (HTF Guidelines) as revised on January 19, 2021, and authorized the HTF program in accordance with the Guidelines; and WHEREAS, the City’s older HTF loans, primarily executed between the late 1990s and early 2000s, typically have 30-year terms and 6% simple interest rates, while the current HTF Guidelines establish 55-year terms and 3% simple interest rate, and allow for City Manager or designee approval of any deviations from those standard terms; and WHEREAS, the owners of three existing HTF projects—Hearst Street Apartments, Lorin Station, and Addison Court Housing Cooperative—requested modifications to the terms of their City loans in order to preserve long-term affordability and financial viability; and WHEREAS, Hearst Street Apartments, a 32-unit multifamily development located at 1133–39 Hearst Avenue and owned by Resources for Community Development (RCD), has reached loan maturity, with $916,000 in principal and approximately $1.6M in accrued interest as of the writing of this report; and
WHEREAS, staff supports extending the Hearst Street Apartments loan term by five (5) years to August 30, 2029, and reducing the interest rate to 3% simple interest, consistent with current HTF Guidelines, to allow RCD time to improve project cash flow and plan for future capital improvements; and
WHEREAS, Lorin Station, a 14-unit mixed-use affordable housing development located at 3253–3269 Adeline Street and owned by South Berkeley Neighborhood Development Corporation (SBNDC), received three City HTF loans in 1989, 1991, and 2021 totaling approximately $1.23 million; and
WHEREAS, the 1989 and 1991 loans have reached or are approaching maturity, and SBNDC lacks sufficient cash flow to repay them; staff recommends combining the three loans into a single residual receipts loan of $1,230,117 with 0% simple interest and a new term of 55 years, coterminous with the 2021 Emergency Rehabilitation Loan; and WHEREAS, Addison Court Housing Cooperative (ACHC), a 10-unit resident-managed cooperative located at 1135–1139 Addison Street, assumed a $150,000 HTF loan in 1996 that accrues 6% simple interest and matures on October 31, 2026; and

WHEREAS, ACHC has requested, and staff supports, refinancing the existing loan with a new 55-year term and a reduced 3% simple interest rate to ensure continued financial stability and the ability to complete planned capital improvements; and WHEREAS, the Housing Advisory Commission, at its September 4, 2025, meeting, voted unanimously to recommend approval of the three loan modification requests, while also recommending forgiveness of accrued interest and an update to the HTF Guidelines and administrative policies to allow for accrued interest forgiveness in all HTF loan modifications; and
WHEREAS, while staff supports the loan extensions and interest rate reductions consistent with HTF policy, staff respectfully does not recommend forgiveness of accrued interest at this time, pending further review of standards for interest forgiveness under the HTF Guidelines; and
WHEREAS, approval of these loan modifications will further the City’s goals of maintaining and preserving affordable housing stock, supporting community-based ownership, and preventing displacement of lower-income Berkeley residents.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Council hereby approves the modification of three existing Housing Trust Fund (HTF) loans as follows:
1) Hearst Street Apartments – Authorize the City Manager or their designee to extend the existing HTF loan for five (5) years to August 30, 2029, and reduce the interest rate for the remaining term to 3% simple interest.
2) Lorin Station – Authorize the City Manager or their designee to combine the South Berkeley Neighborhood Development Corporation’s three HTF loans into one new loan in the amount of $1,230,117 plus accrued interest, with 0% simple interest and a 55-year term coterminous with the 2021 Emergency Rehabilitation Loan.

The Regulatory Agreement will have a term of May 7, 2079, to be coterminous with the loan maturity date.
3) Addison Court Housing Cooperative – Authorize the City Manager or their designee to refinance the existing HTF loan in the amount of $150,000 plus accrued interest, into a new 55-year loan term at 3% simple interest. The Regulatory Agreement will have a term of November 1, 2080, to be coterminous with the loan maturity date.

BE IT FURTHER RESOLVED that the new loans for Lorin Station and Addison Court Housing Cooperative will have not-to-exceed amounts that include the principal of their original loans, plus the amount of interest accrued as of the effective date of the new loans.

BE IT FURTHER RESOLVED that City Council hereby refers to staff to examine the HTF administrative guidelines to update the standards for interest rates and accrued interest for future HTF loans.

BE IT FURTHER RESOLVED that the City Manager or designee is authorized to execute all original or amended documents, promissory notes, regulatory agreements, or other instruments necessary to effectuate these loan modifications.

Housing Advisory Commission
Civic Arts Commission
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
December 2, 2025
To: Honorable Mayor and Members of the City Council
From: Housing Advisory Commission and Civic Arts Commission Submitted by: Leah Simon Weisberg, Chairperson, Housing Advisory Commission Cameron Woo, Chairperson, Civic Arts Commission
Subject: Affordable Housing for Artists Report

RECOMMENDATION
Approve the “Keeping Creativity Local: A Strategic Response to Affordable Housing for Artists” report and direct the City Manager to evaluate and implement the report recommendations as appropriate.

FISCAL IMPACTS OF RECOMMENDATION
The report makes seven recommendations for increasing funding, construction, and access to affordable housing for low-income artists and creative workers. Some of these recommendations have no fiscal impact, such as those dealing with zoning policies, and others, such as placing an affordable housing bond measure on the 2028 ballot, have a positive fiscal impact. For every one dollar of local funds raised through a bond measure, about four dollars can be generated from other sources to preserve existing, and build new, affordable housing.

One recommendation, to consider including low-income artists and cultural workers as a category of eligible participants in a Guaranteed Basic Income (GBI) pilot project, requires the City Council to retain the previously budgeted funds ($50,000), when it re- considers the item in fall, 2025.

Several strategies require an allocation of staff time to implement AB 812, which allows a set-aside of below-market-rate (BMR) units, develop a standardized process for designating local cultural districts and applying for State cultural district designation (which in turn could open grant funding opportunities, etc.), and work with arts organizations to provide technical assistance.

CURRENT SITUATION AND ITS EFFECTS
The Housing Advisory Commission (HAC) and the Civic Arts Commission approved recommending that the report be submitted to the City Council for its approval at their respective July 2025 meetings. The report is included as Attachment 1.

Affordable Housing for Artists Report CONSENT CALENDAR
December 2, 2025

Berkeley's artistic and cultural richness is actively promoted as an attraction to renters and homebuyers, yet the very artists who create this cultural value face displacement due to high housing costs. Without accessible housing and workspace options, Berkeley risks losing the complete arts sector that defines much of the city's local economy, character, and appeal.

In July 2023, members of the Civic Arts Commission made a presentation to the HAC regarding its desire to work with HAC on recommendations to the City Council to increase access to affordable housing for lower-income artists. HAC and the Civic Arts Commission formed a joint subcommittee to explore affordable housing strategies and policy initiatives to retain and grow the artist community. The joint subcommittee met regularly over the past two years to prepare the attached report to address the critical need for affordable housing for artists and cultural workers in Berkeley. The report was approved by both commissions at their respective July 2025 meetings:

Civic Arts Commission
Action: M/S/C (Blecher/Pineda) to approve final report with recommendations to Council on affordable housing for artists from the Joint Subcommittee of the Housing Advisory Commission and the Civic Arts Commission.

Vote: Ayes: Bachrach, Blecher, Bullwinkel, Montgomery, Pineda, Woo. Noes:

None. Abstain: None. Absent: Scott.

Housing Advisory Commission
Action: M/S/C (Potter/ Haycox) to approve the recommendations in the report “Keeping Creativity Local: A Strategic Response to Affordable Housing for Artists” and recommend transmittal to the City Council for its review and approval.

Vote: Ayes: Bell, Haycox, Potter, and Shere. Noes: None. Abstain: None. Absent:

Micael, Scott, Simon-Weisberg, and Twu.

The report has seven recommendations which support the long-term sustainability of the arts and culture sector by expanding affordable housing opportunities for low- income artists:

1. Adopt an ordinance implementing AB 812, which allows up to 10% of Below Market Rate (BRM) units within cultural arts districts to be set aside for low- income artists.

2. Integrate policies to incentivize affordable housing and affordable commercial space for artists and arts organizations in study areas already identified in the City’s Housing Element, specifically the San Pablo Specific Plan and the Corridors Zoning Update: North Shattuck, College and Solano Ave.

3. Place an affordable housing bond measure on the 2028 ballot.

Affordable Housing for Artists Report CONSENT CALENDAR
December 2, 2025

4. Partner with regional arts and affordable housing organizations to identify a large site, or multiple small sites, for an affordable housing project (new-build or existing properties) for low-income artists, provide technical assistance, pre- development funding and/or other resources as necessary to kick-start such a project.

5. Implement the short- and medium-term strategies recommended in the Berkeley Social Housing Study - Draft - May 2025.

6. Adopt a standardized process for designating local cultural districts and applying for State cultural district designation.

7. Preserve the funding for a Guaranteed Basic Income (GBI) pilot project and explore the feasibility of including low-income artists and cultural workers as a category of eligible participants in the pilot project.

These seven recommendations include practical and necessary strategies, policies, and programs to undertake if the city is to truly address the affordable housing needs of low- income artists and cultural workers. The city has undertaken several studies and surveys in the past to better understand the needs of its cultural workforce, and affordable housing is consistently identified as the number one challenge facing these workers. Therefore, it is imperative that the city move the needle on this issue by implementing the report’s recommendations. As part of approving the report, it is recommended that the City Council direct the City Manager to evaluate and implement the report’s recommendations as appropriate.

BACKGROUND
In 2018, the City Council adopted the City of Berkeley 2017-2018 Arts and Culture Plan Update (PDF). The Update developed and recommended citywide goals, policy improvements, and actions to support and further develop local arts, culture, and entertainment. The Update contains five strategic goals. Goal #1 is to increase access to affordable housing and affordable spaces for artists and arts organizations.

In 2021, the Civic Arts Commission commissioned a survey on affordable housing for artists in Berkeley (PDF) by Creative Equity Research Partners. Of the 88% respondents who had Bachelor’s degrees, 60% reported an annual household income of $69,000 or below, which qualified as low-income in Alameda County. Forty-five percent (45%) were rent-burdened. This disparity also intersects with the racial wealth gap: among respondents who identified as non-White, 72%, reported low household incomes, compared to 55% among those who identified as White or Caucasian. The survey report concluded that without strategies and policies to work affirmatively to keep artists and cultural workers in the city, artists will continue to be priced out of the housing market.

The
City's Housing Element also recognizes the need for affordable housing for artists.

Policy H-8 calls for developing workforce housing for low- and moderate-income households, including teachers, artists, and other residents who work in the city of

Affordable Housing for Artists Report CONSENT CALENDAR
December 2, 2025

Berkeley, underpinning the idea that artists, who are often teachers as well, contribute to the economy and vibrancy of the community and that high housing costs are placing the community’s thriving cultural sector at increasing risk of displacement.

Taken together, these reports and the lived experiences of Civic Arts Commissioners and their colleagues and fellow working artists, spurred the Civic Arts Commission to reach out to HAC with a proposal to work together, via a joint subcommittee, on a series of recommendations to create more affordable housing for artists for City Council consideration.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Adopting the recommendations contained in the report will have positive sustainability and climate impacts. The zoning policy recommendations will promote mixed-use development close to transit and bike routes, will open development opportunities in less densely developed areas of the city, and will set-aside some BMR units for low- income artists. Increased revenue for the Housing Trust Fund will ensure the city can continue to work towards its Regional Housing Needs Allocation (RHNA) goals.

Providing housing for all income groups and economic sectors promotes a sustainable Berkeley.

RATIONALE FOR RECOMMENDATION
The affordable housing crisis, in Berkeley, throughout the Bay Area, and increasingly, throughout the nation, is a well-studied and well-documented reality. The repercussions for local communities are widespread and deep, from pricing young people and seniors out of the area, displacing long-time residents and increasing homelessness to creating super-commuters who spend more than three hours a day in their cars because they cannot afford to live where they work, and negatively impacting the diversity and creativity of communities. Affordable housing development is necessary to mitigate the impact of the ongoing affordable housing crisis. It serves as essential infrastructure for low- and moderate-income individuals and families, including the artists and cultural workers who contribute significantly to Berkeley's identity and economy.

Funding for affordable housing comes from various sources, including government programs, private investors, and local initiatives. All three sources for funding such projects are severely distressed for the foreseeable future—government funding is increasingly scarce as government cuts in spending gain momentum. Meanwhile, private sector funding is tentative at best given the uncertain economic atmosphere. In short, funding nationally and locally (both municipal and private sectors) is scarce.

Still, there are actions to be taken to put necessary zoning into place, provide capacity building, and position the city with critical local matching funds, as well as building alliances and dreaming on a large scale, so that when the economic outlook improves and funding once again becomes available—the city of Berkeley will be ready to act.

The need for affordable housing will not subside—and neither should our commitment to addressing it.

Affordable Housing for Artists Report CONSENT CALENDAR
December 2, 2025

ALTERNATIVE ACTIONS CONSIDERED
No alternative actions were considered.

CITY MANAGER
See Companion Report.

CONTACT PERSON
Snow Zhu, Housing Advisory Commission Secretary, (510) 981-7774 Jennifer Lovvorn, Civic Arts Commission Secretary, (510) 981-7533 Mike Uberti, Senior Community Development Project Coordinator, HHCS, (510) 981-5114
Attachment:
1: “Keeping Creativity Local: A Strategic Response to Affordable Housing for Artists”

Keeping Creativity Local:

A Strategic Response
to Affordable Housing
for Artists
A Report by the Housing
Advisory Commission and
the Civic Arts Commission
July 2025

In 2018, the City Council adopted the City of Berkeley 2017-2018 Arts and Culture Plan Update (Update). The Update is a frame- work for supporting the arts. A key Update recommendation is to increase access to affordable housing and affordable spaces for artists and arts organizations. In 2021, the Civic Arts Commis- sion commissioned a survey on affordable housing for artists in Berkeley by Creative Equity Research Partners. The survey report concluded that without strategies and policies to work affirma- tively to keep artists and cultural workers in the city, artists will continue to be priced out of the housing market.

Acting on the survey report’s findings, in July 2023, members of the Civic Arts Commission made a presentation to the Housing Advisory Commission (HAC) regarding its desire to work with HAC on recommen- dations to the City Council to increase access to affordable housing for lower-income artists. HAC and the Civic Arts Commission formed a joint subcommittee to explore affordable housing strategies and policy initia- tives to retain and grow the artist community.

The joint subcommittee met regularly over the past two years to prepare the follow

The 2022 survey on
affordable housing for
artists concluded that

without affirmatve
strageties and policies,
artists will continue
to be priced out of
Berkeley
.

Acting on the survey report’s findings, in July 2023,
members of the Civic Arts Commission made a presenta-
tion to the Housing Advisory Commission (HAC) regard-
ing its desire to work with HAC on recommendations to
the City Council to increase access to affordable housing

for lower-income artists. HAC and the Civic Arts Commis- sion formed a joint subcommittee to explore affordable
housing strategies and policy initiatives to retain and grow the artist community.

The joint subcommittee met regularly over the past
two years to prepare the following goals and recommenda- tions to address the critical need for affordable housing for artists and cultural workers in Berkeley. This report was presented to the HAC and Civic Arts Commission at their respective July 2025 meetings with a recommendation
that the report be forwarded to the Berkeley City Council for its consideration and approval.

Overview of Policy Recommendations
1 Adopt an ordinance implementing AB 812, which
allows up to 10% of Below Market Rate units within
cultural arts districts to be set aside for low-income
artists.
2 Integrate policies to incentivize affordable housing
and affordable commercial space for artists and arts
organizations in study areas already identified in the

City’s Housing Element, specifically the San Pablo
Specific Plan and the Corridors Zoning Update: North
Shattuck, College and Solano Ave.
3 Place an affordable housing bond measure on the
2028 ballot.
4 Partner with regional arts and affordable housing
organizations to identify a large site, or multiple
small sites, for an affordable housing project (new-build or existing properties) for low-income artists, provide technical assistance, pre-development funding and/or
other resources as necessary to kick-start such a project. 5 Implement the short- and medium-term strategies
recommended in the Berkeley Social Housing Study
Draft – May 2025.
6 Adopt a standardized process for designating local
cultural districts and apply for State cultural district designation.
7 Preserve the funding for a Guaranteed Basic Income
pilot project and explore the feasibility of including
low-income artists and cultural workers as a category of eligible participants in the pilot project.

A proposed development on San Pablo Ave. (left) suggests live/work spaces on the first floor in place of traditional retail space.
2 “

Making the Case for Artist Housing in Berkeley
In 2018, the City Council adopted the City of Berkeley 2017-2018 Arts and Culture Plan Update.

The Update is a framework for supporting the arts. It developed and recommended citywide goals, policy improvements, and actions to support and further develop local arts, culture, and
entertainment. The Update contains five strategic goals. Goal number one is to increase access to affordable housing and affordable spaces for artists and arts organizations. Several of the policy recommendations are updated and included in this report.

In 2021, the Civic Arts Commission commissioned a survey on affordable housing for artists in Berkeley by Creative Equity Research Partners. One hundred and sixty-three (163) local artists were surveyed and represented a cross-section of Berkeley’s most vulnerable populations. The

survey found that high housing costs were placing the community’s thriving cultural sector at increasing risk of displacement. The survey report concluded that without strategies and policies to work affirmatively to keep artists and cultural workers in the city, artists will continue to be
priced out of the housing market.

Acting on the report’s findings, in July 2023, members of the Civic Arts Commission made a presentation HAC regarding its desire to work with HAC on recommendations to the City Council to increase access to affordable housing for lower-income artists. The Civic Arts Commission’s key concern was that the affordable housing crisis was adversely impacting the artist community in Berkeley by pricing practicing artists out of the city, and negatively impacting the local economy

and community vibrancy and creativity. Given the unique role that artists play in a community’s character and prosperity, HAC and the Civic Arts Commission formed a joint subcommittee to explore affordable housing strategies and policy initiatives to retain and grow Berkeley’s artist community.

Current Housing Funding Landscape
This report comes at a unique and challenging moment when traditional funding sources for affordable housing face unprecedented constraints. Affordable housing developments serve as essential infrastructure for low- and moderate-income individuals and families, including the artists and cultural workers who contribute significantly to Berkeley’s identity and economy.

Funding for affordable housing comes from various sources, including government programs, private investors, and local initiatives. All three sources for funding affordable housing projects are severely distressed for the foreseeable future—government funding is increasingly scarce as government cuts in spending gain momentum. Meanwhile, private sector funding is tentative at best given the uncertain economic atmosphere. In short, funding nationally and locally (both municipal and private sectors) is scarce.

Still, there are several actions to be taken to put necessary zoning into place, provide capacity building, and position the city with critical local matching funds, as well as building alliances and dreaming on a large scale, so that when the economic outlook improves and funding once again becomes available—the city of Berkeley will be ready to act. The need for affordable housing will not subside—and neither should our commitment to addressing it. 3 Goal number one is to increase access to
affordable housing and affordable spaces …“ ”

Artists as Economic Contributors and Vulnerable Workers Artistic professions are highly valued but poorly compensated. Artists represent a significant yet vulnerable segment of our workforce. As a labor sector, artists are among the lowest-income workers, placing them within already marginalized communities that struggle with housing affordability. Despite this economic vulnerability, artists drive substantial economic activity, representing 7% of California’s economy—or 15% when including television and film industries. This economic contribution makes artists vital to the prosperity of California and the city of Berkeley.

According to the 2022 Creative Equity Research Partners survey, of the 88% respondents who had Bachelor’s degrees, 60% reported an annual household income of $69,000 or below, which qualified as low-income in Alameda County. Forty-five percent (45%) were rent-burdened. These trends also intersect with the racial wealth gap: among respondents who identified as non-White, 72% reported low household incomes, compared t o 55%
among those who identified as White or Caucasian.

Berkeley’s artistic and cultural richness is actively promoted as an attraction to renters and homebuyers, yet the very artists who create this cultural value face displacement due to housing costs. Without accessible housing and workspace options, Berkeley risks losing its arts sector that defines much of the city’
s local economy, character and appeal.

The definition of “artist” for the context of this report, approved by the Civic Arts Commission, May 25, 2022, is as follows:

An individual (or team member of an arts group) who is regularly engaged in the arts on a professional basis. These include but are not limited to those who practice:

Fine Arts such as painting, sculpture, mixed
media works, photography, papermaking,
printmaking, filmmaking or videography, or
interdisciplinary art practice.

Performing Arts such as dance, dance theatre,
acting, directing, set design, or members of
theatre troupes.

Musical Arts such as musicians, composers,
singers, choir members, band members, or
ensemble members.

Literary Arts such as writers of prose, poetry,
or plays.

Social Practice Arts including interdisciplinary
modes of creative production with methods
of public engagement.

Craft Artisans who create works such as fine
woodworking, ceramics, glass blowing,
stained glass, textiles, jewelry,
metal works,
fashion, blacksmithing, basketry, etc.

Artists who have culturally specific creative
practices (folk arts, traditional arts, tradition
bearers)
Self-taught and “outsider” artists

The terms “artist”, “cultural worker”, and
4 The terms “artist” , “cultural worker” , and “creative workforce” are used interchangeably throughout this report.

5

EMBRACING BERKELEY’S COMMITMENT TO THE ARTS: Laying the Groundwork for Artists Housing Current efforts by organizations like Vital Arts, which is conducting a regional artist census and providing emergency displacement prevention grants, and Artist Space Trust, which provides low-income housing for artists and trains artists to access existing affordable housing, highlight

the two-pronged nature of this crisis.

The City’s Housing Element recognizes this need. Policy H-8 calls for developing workforce housing for low- and moderate-income households, including teachers, artists, and other residents who work in the city of Berkeley. This policy underpins the idea that artists, who are often teachers as well, contribute to the economy and vibrancy of the community and that high housing costs are placing the community’s thriving cultural sector at increasing risk of displacement. Further, the Housing Element includes programs like Program 27, focused on Priority Development Areas (PDAs), including the San Pablo Specific Plan, and other initiatives that call for rezoning to enable higher-density housing, especially near transit and services.

The Corridors Zoning Update is one of the primary tools to carry out the Housing Element’s vision. It will focus specifically on North Shattuck, College Avenue, and Solano Avenue— commercial corridors with potential for added housing. The goal is to update zoning codes to allow more housing (including affordable units), promote mixed-use development, and ensure compliance with state laws on housing capacity.

Both planning efforts emphasize equity and access. Berkeley has long valued its creative spirit.

Now is the time to protect it. The dual imperative is clear: create more affordable housing and ensure artists can remain in their communities.

Goal: To support the long-term sustainability of the arts and culture sector by expanding access to affordable housing and workspaces for artists and arts organizations—through targeted policies, funding mechanisms, and land use strategies.

HAC and the Civic Arts Commission share the following recommendations:
1 Adopt an ordinance implementing AB 812, which allows up to 10% of Below Market Rate units within cultural arts districts to be set aside for low-income artists.

In 2023,
the State Legislature adopted AB 812 (Chapter 747). The bill provides that cities with inclusionary zoning programs can set aside up to 10% of Below Market Rate (BMR) units for lower-income artists. The units reserved must be located within, or within one-half mile, of a State-designated, or wholly within a locally designated, cultural district. The city has two locally designated cultural arts districts: The Black Arts and Culture District in South Berkeley and the

Arts District Overlay in downtown Berkeley. Community members and stakeholders are exploring a possible third local arts district in West Berkeley.

To provide a BMR unit set-aside for artists within local cultural districts, the city must adopt an ordinance implementing the state law. A draft ordinance has been prepared for Planning Commission and City Council consideration and is attached as Appendix A. [The Civic Arts Commission and HAC previously approved a recommendation referring the draft ordinance implementing AB 812 to the Planning Commission.]

Adopting an ordinance implementing AB 812 is an immediate action that can lead a concerted effort to retain the city’s creative workers, especially low-income artists and artists of color. 6

2 Integrate policies to incentivize affordable housing and affordable commercial space for artists and arts organizations in areas already identified in the City’s Housing Element, specifically the San Pablo Specific Plan and the Corridors Zoning Update: North Shattuck, College and Solano Ave.

Planning staff are currently working with the community on the San Pablo Specific Plan and have recently initiated the Corridors Zoning Update: North Shattuck, College and Solano Avenue.

Both planning initiatives focus on key commercial corridors with the goal of developing land use and economic revitalization initiatives that will encourage and support diverse housing, commercial activities, and public amenities. The Plans also provide critical opportunities for developing land use standards and policies that encourage and incentivize live-work spaces for artists, spaces for non-profit arts organizations, and affordable housing for low-income cultural workers. In addition, flexible outdoor and indoor spaces for exhibitions and performances should be encouraged along these commercial corridors. The exhibition and performance spaces should be accessible and affordable to ensure their usability by artists.
a. San Pablo Specific Plan
The San Pablo Specific Plan is investigating land use and zoning standards that promote access to housing, equity, safer streets, sustainability, and an economically vibrant commercial corridor.

The December 4,
2024 presentation to the Planning Commission provides an outline of the major goals derived from the community assessment. The identifi ed goals, if translated into land
use standards and policies, will go a long way to promoting affordable and diverse housing and

encourage flexible spaces for arts and culture organizations and activities. The expansion of allowable ground floor uses to permit residential, with an emphasis on live-work spaces, is critical
to animating the corridor and promoting economic vibrancy. Allowing pop-up uses by right and sponsoring public-private events are key avenues for supporting the arts and local artists. All of
these strategies should be adopted in the final Plan.

Specific recommendations include:
• In exchange for increased density, require provision of ground floor, below-market-rate office or exhibition space for non-profit arts organizations or provision of ground floor affordable artist live-work space.
• All live-work projects should have a set-aside for below-market units specifically for artists. • If corridor improvements are permitted in exchange for increa sed density, they should include
outdoor areas suitable for exhibitions and performances. It is essential that “corridor improvements” include hard and soft funding as “hard” spaces are only as good as the programming that happens within them. Funds for ongoing activities, landscaping, amenities, etc. must be provided.
• Permitted ground floor uses must be expanded to have an economically vibrant and successful San Pablo Avenue. Residential uses must be allowed, with a focus on live-work housing.

Offices should also be permitted with a focus on arts and cultural (and other) non-profit space.

Day care facilities are critical to economic development and should be a permitted ground floor use.
7

b. Corridors Zoning Update: North Shattuck, College and Solano Ave.

The Corridors Zoning Update is a city of Berkeley initiative focused on revising zoning regulations along three key commercial corridors: North Shattuck Avenue, College Avenue, and Solano Avenue. These areas have been designated as priority commercial and transit corridors in the city’s 2023–2031 Housing Element, aiming to increase housing capacity and promote equitable development.

The Corridors Zoning Update is focused on land use and zoning standards that enhance housing capacity and address development barriers to advance fair housing and augment housing capacity, with a focus on equity and inclusion. The re-zoning effort launched earlier this year, and it is estimated
to be completed at the end of 2026. The initial community meeting was held on May 1, 2025. The PowerPoint presentation from the meeting can be found here.

This initiative, which is just beginning, is an opportunity for affordable housing and arts organizations and advocates to be engaged to:
• Ensure that live-work spaces are permitted as part of the re-zoning; and • Permit ground floor spaces in new residential developments, both market rate and affordable, to be used, by right, as flexible spaces that can accommodate offices and performance, exhibition and classroom facilities.

Affordable housing should be prioritized and incentivized:
• City-owned properties within the three corridors should be studied for feasibility for conversion into affordable housing sites; and • A set-aside of affordable units for low-income artists should be included (see report recommendation #1 regarding adopting an ordinance implementing AB 812.)
3 Place an affordable housing bond measure on the 2028 ballot.

In 2018, the voters approved Measure O, with 77.5% of voters voting yes. Measure O provides $135 million of funding from bond revenue to pay for affordable housing projects.

Since approval of Measure O, over 750 units of affordable housing have been built or are under construction and hundreds of units have been approved for funding and are in the devel- opment pipeline. The city completed two of the planned four issuances of the Measure O bond, with the third issuance anticipated in 2025.

The City does not have an annual Notice of Funding Availability (NOFA) process to allocate Measure O funds, but instead issues NOFAs when sufficient funding is available to support one or more projects. There are no immediate plans for a NOFA for the estimated $1.8M in remain- ing Measure O funds. Staff anticipates that remaining Measure O funds could be used to sup- port pipeline projects that need additional subsidy, or may be used to support a new project, in conjunction with other local housing funds.

While there are major affordable housing projects in the development pipeline, including the North Berkeley and Ashby BART stations, Measure O funds have been expended, encumbered, or reserved for identified projects. Therefore, there are no significant local funds that can be used for new affordable housing projects. Local funding is a critical component of affordable housing development as $1 of local funding can leverage up to $5-$7 of additional funding. 8 Overall Context
Raimi + Associates 13 Berkeley Corridors Zoning Update Existing Conditions Report TCAC/HCD Opportunity Map
In 2017, the State Treasurer’s’ Tax Credit Allocation Committee (TCAC) and the Department of Housing and Community Development (HCD) established the California Fair Housing Task Force— a group of independent organizations and researched centers—to create an opportunity map that identifies areas across the state whose characteristics have been proved to support the educational, economic, and health well- being of low- income families.

The TCAC/HCD Opportunity Map (Figure 9) is used to inform statewide policy for funding affordable housing as a part of the 9% Low Income Housing Tax Credit (LIHTC) program, as well as other state programs (e.g., 4% Low-income Housing Tax Credit (LIHTC) program and HCD's Multifamily Housing Program).

Figure 9: TCAC/HCD Opportunity Map
The three project areas fall in either a High or Highest Resource community . Ensuring that affordable housing options are equitably distributed across the city, especially in areas with h igh-quality transit, jobs, high- performing schools, and low exposure to environmental hazards and pollutants is a high priority to the City.

Rezoning the three project areas for housing will encourage new residential construction and increase access to affordable housing in these amenity-rich areas through the City's Inclusionary Housing Ordinance that requires any new housing development to provide at least 20 percent affordable units.

The city of Berkeley has
identified sites for housing
opportunities.

Local matching funds make projects more
competitive when applying for state and federal
funding, and are essential for securing Low
Income Housing Tax Credit funding, a key
affordable housing mechanism. Without a new
local source of affordable housing funding,
the forward progress in addressing the city’s

affordable housing crisis will be stalled and the
gains in reducing the number of unhoused
people and providing stable housing for low-income families and individuals will be reversed.

Therefore, it is imperative that the city begin the process of placing a new affordable housing bond measure on the November 2028 ballot.

A 2028 bond measure can ensure funding for:
● Workforce housing, including housing
for artists;
● Redeveloping the West Berkeley Senior
Center site on 6th Street;
● A Social Housing pilot project(s); and
● Initiatives identified in the San Pablo

Specific Plan and Corridors Zoning Update.
4 Partner with regional arts and affordable housing organizations to identify a large site, or multiple small sites, for an affordable housing project (new- build or existing properties) for low-income artists, provide technical assistance, pre-development funding or other resourc- es as necessary to kick-start such a project.

The city is fortunate to be part of a vibrant affordable housing and arts ecosystem. While the development of housing projects can take years, in the short term, it is also important for the city to work to support and retain its diverse workforce and residents.

City Housing and Economic Development
staff could seek to work in close partnership
with arts organizations, including Artist
Space Trust who is already providing tech-
nical assistance programming to educate
their members, and the larger arts com-
munity, on accessing existing affordable
housing, navigating the Section 8 wait list,
monitoring various housing advocacy and
provider websites, learning about community
land trust housing, and more.

Several housing developments exist which aim at housing artists —from a proposed project on Market Street in San Francisco, CA (upper left) to the majestic W
arren Building / the Artspace Uptown
Artist Lofts (left) in Mºichigan City, IN and Westbeth Artists Housing in New York City, NY (lower left).
9 … it is imperative that
the city begin the process
of placing a new affordable
housing bond measure on the
November 2028 ballot.
”
“

Longer-term, and working in partnership, these same arts organizations are a vital asset to the city in the development of an artist-centered affordable housing project. The project would incorporate best practices gathered from across the sector to create affordable housing for low-income arts workers. It could include live-work units and studio spaces, define finance and ownership structures, and importantly, continue to deliver vital technical assistance programs, aimed at informing and engaging the most vulnerable within our arts community.

All the lessons learned, and expertise gained, could then inform other artist-centered housing projects and zoning programs and policies, with the goal of preserving and growing the arts as an impactful economic sector and retaining and expanding the artist community in Berkeley.

Specific activities might include:
● Explore the feasibility of a NOFA for an artist-specific affordable housing project to be

funded in part with Housing Trust Fund monies.
● If sufficient funds are not available for a NOFA, develop a pilot project to provide technical assistance and pre-development funding to support an affordable housing project for artists to be awarded through a Request for Proposals (RFP) process. ● Hold a workshop for arts organizations about how to access affordable housing with information about Section 8, the Inclusionary Housing program, the Housing Preference Policy, non-profit housing development organizations, and housing advocacy groups like East Bay Housing Organization (EBHO). The workshop could also include information about Fair Housing and the Rent Stabilization Program.
5 Implement the short- and medium-term strategies recommended in the Berkeley Social Housing Study - Draft - May 2025.

The Draft Berkeley Social Housing Study advances a vision of housing as a universal right and outlines how Berkeley can integrate social housing principles into local policy. It high- lights the city’s acute housing challenges – widespread rent burdens, homelessness, displace- ment of residents, and a persistent shortfall in affordable housing—indicating that current efforts are falling short of the need.

Drawing on international models (like Vienna and Denmark) and a U.

S. example
(Montgomery County, MD), the study finds that social housing can be effectively delivered by public and/or nonprofit entities if backed by sustained funding, and that when such housing constitutes a large share of the total stock, it dramatically improv es overall affordability.

Key findings emphasize the need for: 1) long-term public investment, 2) strict cost controls to keep development costs down, and 3) strong tenant participation in housing management to ensure success.

The study’s financial analysis (comparing a mixed-income, cross-subsidy approach to a deeply affordable model) found that acquiring and rehabilitating existing buildings is more cost-effective per unit than new construction and can create affordable homeownership

opportunities; however, delivering new social housing at scale will require either including some market-rate units to cross-subsidize lower rents or securing much larger public subsidies—in all cases, substantial outside funding is needed to reach the lowest-income households.
10

In the near term (1–3 years), the study recommends
launching pilot projects to demonstrate social housing
principles – for example, a mixed-income development
and an acquisition-rehab project converting rentals to
affordable homes. It also suggests bolstering existing

programs by: 1) expanding the Small Sites Program
(with sustainable funding) to preserve at-risk buildings, 2) encouraging cost-saving construction methods
(like modular design), and 3) leveraging public land for affordable housing developments.

Over the medium term (4–10 years), the study calls
for a 10-Year Affordable Housing Strategic Plan to set

clear social housing goals (including targets for income mix and what proportion of Berkeley’s housing stock
should be social) and to clarify the City’s future role in housing (whether to remain a funder or become a
direct housing provider). The plan would also identify sites for future projects, institute formal
cost controls on development (such as limits on unit size, per-unit cost, and developer fees), and explore new public financing tools like infrastructure financing districts to support social housing. Finally, the study urges efforts to “decommodify” housing by preserving affordable units long-term and establishing robust tenant governance structures (such as participatory

budgeting and rent transparency) to ensure housing is treated as a public good. 6 Adopt a standardized process for designating local cultural districts and applying for State cultural district designation.

The City of Berkeley currently has two locally designated cultural districts. However, they are implemented differently:

1. The Arts District Overlay was established in Berkeley Municipal Code 23.204.130.D in 2012, as part of the Downtown Area Plan, and has specifi
c boundaries outlined in the Downtown
Mixed-Use District.

2. The Black Arts & Culture District was designated by the City Council on February 13, 2024, by Resolution No. 71,212–N.S. The Black Arts & Cultural District is not designated with its own unique boundaries, but rather by reference to the Adeline Corridor Specific Plan, which allows and “strongly encourage[s]” arts and entertainment uses in ground floor spaces.

In December 2024, the City Council referred to the City Manager and Civic Arts Commission the task of establishing common standards for locally designated cultural districts, with the rec- ommendation that the city should consider a standard process for cultural district designation such that the above and future designations can qualify under AB 812 as a “similar locally desig- nated cultural district.”
The referral also directs city staff to consider seeking state-level cultural district designation once local standards are in place. With the adoption of AB 189 (2015), the state of California launched the California Cultural District program as a pilot in 2017, with 14 state-designated cultural districts certified by the California Arts Council. In June 2025, the Council launched a second round of the California Cultural Districts program to select another 10 state-designated cultural districts.

… the study urges
efforts to “decommodify”
housing by preserving
affordable units long-term
and establishing robust
tenant governance
structures … to ensure
housing is treated as a
public good.
”
“
11

Adopting common standards for locally designated cultural district will leverage the power of the AB 812 implementing ordinance by expanding the universe of available BMR set-aside units for lower-income artists, as these set-aside units can be located with 1/2 mile of a state- designated cultural district.
7 Preserve the funding for a Guaranteed Basic Income pilot project and explore the feasibility of including low-income artists and cultural workers as a category of eligible participants in the pilot project. The feasibility of including low-income artists and cultural workers as eligible participants in a Guaranteed Basic Income (GBI) pilot project should be explored in recognition of their economic vulnerability and contribution to Berkeley’s cultural and economic vitality.

As part of its Reimagining Public Safety initiative, the City Council budgeted $50,000 to hire a consultant to develop a GBI pilot project. According to staff, this project has not moved forward and the designated funding will be examined among competing priorities for the city

budget in the fall. When the GBI pilot project is re-evaluated in the fall, HAC and the Civic Arts Commission recommend that the funding be retained for this initiative.

Artists share the same challenges as other
economically precarious workers with irregular
incomes.

Participation in a GBI program could help
stabilize housing and access to work spaces, thereby
retaining an important sector of the local economy.

A study of Oakland’s recently concluded GBI pilot
program showed that the GBI pilot program
resulted in more modest employment and modest
improvements in housing outcomes, including less
likelihood of becoming homeless, compared to the

control group. Moving forward with a GBI pilot
project is essential given all the on-going and

anticipated cuts to federal and state social safety net programs and services. Strategies to meet the needs
of lower income workers must be explored and
implemented as resources shrink and the need
grows. Developing and refining best practices is an
important part of this effort if we are to support and
sustain the arts and the working artists who make up
the arts workforce.

1212

Conclusion
Berkeley has a long history of supporting the arts and artists with specific policies and requirements to ensure its standing as a vibrant and forward-looking community. Its original Arts and Culture Plan was approved over 20 years ago.

During this time, the city has weathered the Great Recession of 2008; multiple housing cycles and downturns resulting, at various times, in increases in its unhoused residents; a growing affordable housing crisis; a pandemic; and most recently, an unprecedented attack on the social safety net and funding for the arts and humanities by the federal government.

At the same time, the city has worked hard to address these challenges, with citizens voting for several measures to fund programs to reduce homelessness and build affordable housing. During the pandemic,
the city provided emergency funding
to non-profit arts organizations and tenants to prevent displacement. The city has undertaken several planning initiatives to incentivize more equitable development and pave the way for more affordable housing opportunities. These efforts must be built upon to realize the goal of supporting the long-term sustainability of the arts

and culture sector. Adopting this report’s recommendations will go a long way to achieving that effort.

Berkeley has a long history of supporting the arts and artists with specific policies and requirements to ensure its standing as a vibrant and forward-looking community.
”
“
13

APPENDIX A
ORDINANCE NO. _____________
Implementation of AB 812 (Chapter 747) Au-
thorizing a Certain Percentage of Affordable
Units be Reserved for Artists up to 10% of those
Required Affordable Housing Units Consistent
with the City of Berkeley’s Affordable Housing
Preference Policy
BE IT ORDAINED by the Council of the City of
Berkeley as follows:

Section 1. That Berkeley Municipal Code Chap-
ter 23.328 is amended to read as follows:

Section 23.328.010
Findings and Purpose.

Section 23.328.010 is amended to add the fol-
lowing:

H. AB 812 (Chapter 747) authorizes a city or
county that requires, as a condition of approv-
al, that a certain percentage of units of a res-
idential development be affordable housing,
as specified, to reserve for artists up to 10% of
those required affordable housing units, if cer-
tain conditions are met, including that the units
reserved are located within or within one-half
mile from a state-designated cultural district or
within a locally designated cultural district, as
specified.

I. The City of Berkeley has two locally desig-
nated cultural districts. The Black Arts and
Culture District was designated by the City
Council on February 13, 2024 by Resolution
No. 71,212–N.S. 2. The Arts District Overlay
was established in Berkeley Municipal Code

23.204.130.D in 2012 as part of the Downtown
Area Plan.

J. According to a 2022 survey produced for
Berkeley’s Civic Arts Commission by Creative
Equity Research Partners, the 163 local artists
surveyed represent a cross-section of Berkeley’s
most vulnerable populations, and high housing
costs are placing the community’s thriving cul-
tural sector at increasing risk of displacement.

Artistic professions are highly valued but poorly
compensated. Of the 88% respondents who had
Bachelor’s degrees, 60% reported an annual
household income of $69,000 or below, which
qualified as Low Income in Alameda County.
45% were rent-burdened. This disparity also
intersects with the racial wealth gap: among
respondents who identified as non-White, 72%,
reported low household incomes, compared to
55% among those who identified as White or
Caucasian.

K. In 2023, the City Council approved the City
of Berkeley’s 2023-2031 Housing Element
Update, which included several programs to
produce and preserve affordable housing for a
broad population including Policy H- 8 (Work-
force Housing): Develop Workforce Housing for
low- and moderate-income households, includ-
ing teachers, artists, and other residents who
work in the City of Berkeley.

L. In 2023, the City Council approved an Af-
fordable Housing Preference Policy for individ-
uals who have previously been displaced from
Berkeley and desire to return. Implementation
of the AB 812 affordable housing set-aside for
low-income artists shall be consistent with the
Affordable Housing Preference Policy as it may
be amended from time to time.

Section 23.328.020
Definitions
Section 23.328.020 is amended to add the fol-
lowing:
“Affordable housing” for the purposes of im-
plementing AB 812 (Chapter 747) means units
dedicated to moderate-income, lower income,
very low income, or extremely low income
households, as defined in Sections 50079.5,
50093, 50105, and 50106 of the Health and
Safety Code, at an affordable housing cost, as
defined by Section 50052.5 of the Health and
Safety Code.
“Artist” for the purposes of this Chapter means
the creator of any work of visual, graphic, or
performing art of any media, including, but not
limited to, a painting, print, drawing, sculpture,
craft, photograph, film, or performance.
114

Section 23.328.030 Affordable Housing Regu-
lations
Section 23.328.030 Affordable Housing Regula-
tions is amended to add the following:

A. Requirement to Construct Affordable Units.

A. 10. Pursuant to AB 812 (Chapter 747), up
to 10% of the required Affordable Units shall
be reserved for Artists, if certain conditions
are met, including that the units reserved are
located within or within one-half mile from a
state-designated cultural district or within a lo-
cally designated cultural district. The percent-
age of Affordable Units set aside for Artists and
consistency with the City’s Affordable Housing
Preference Policy shall be determined by the
City Manager or their designee who may pro-
mulgate additional rules and regulations consis-
tent with the requirements of AB 812 (Chapter
747).

Section 2. The City Council intends that this Or-
dinance be construed as an amendment to the
City’s existing affordability requirements, and
that the
repeal and re-enactment of any require-
ment shall not be construed to relieve a party
of any outstanding obligation to comply with
the requirements applicable to any previously
approved Housing Development Project.

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 adop-
tion, 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 __________,
20______, this Ordinance was passed to print
and ordered published by posting by the follow-
ing vote:

Ayes: Nos:

Absent:

Credits/Art and Photographs
Cover: (From left to right) Berkeley Art
Museum-Pacific Film Archives; Sawtooth
Building Artist Studios; La Pena Building
Mural, Berkeley, photos by Daniella Thompson;
Maudelle Miller Shirek Community (housing
development) image provided by MWA
Architects; the Campanille, image courtesy of
U.C. Berkeley; The Ashby Stage: Home of the
Shotgun Players, photo by Daniella Thompson.

Trachtenberg Architects

College, Solano Corridors Plan

Shimazaki (top); 1687 Market Street, rendering
by Mark Cavagnero Associates (bottom inset),
Warren Building image provided by Artspace,
Westbeth Artists Housing photograph by
Graham Dickie/The New York Times (bottom
inset).

15 APPENDIX A … continued

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
December 2, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Scott Gilman, Director, Health, Housing, and Community Services Subject: Companion Report: Affordable Housing for Artists Report

RECOMMENDATION
Receive the Keeping Creativity Local: A Strategic Response to Affordable Housing for Artists report. Should the Council wish to move forward with any of the report’s policy recommendations, refer them to the budget process for evaluation of resource needs, feasibility, and prioritization through the Reweighted Range Voting (RRV) process.

FISCAL IMPACTS OF RECOMMENDATION
There are no direct fiscal impacts associated with receiving the report. Should the City Council wish to pursue any of the report’s recommendations, each item would require additional staff analysis to determine fiscal implications, staffing resources, and potential funding sources prior to implementation.

This report provides a preliminary analysis of the recommendations.

CURRENT SITUATION AND ITS EFFECTS
The Housing Advisory Commission and the Civic Arts Commission jointly developed the “Keeping Creativity Local” report, which identifies seven strategies to improve access to affordable housing for low-income artists and cultural workers.

Staff appreciates the commissions’ collaborative effort and focus on housing’s key role in supporting arts and culture. This sector is important to Berkeley’s diversity and character.

While several of these strategies align with existing City efforts to expand affordable housing opportunities and access, they would also require new policy development, funding commitments, and/or legislative action.

Staff recommends that the Council refer specific items for further evaluation through the City’s established prioritization and budget processes. This will ensure appropriate coordination with ongoing housing, zoning, and economic development initiatives.

Staff identified the following recommendations for Council to consider for each recommendation below.

Companion Report: Affordable Housing for Artists Report CONSENT CALENDAR December 2, 2025

1. Adopt an ordinance implementing AB 812 to allow up to 10% of Below Market Rate (BMR) units within cultural arts districts to be set aside for low-income artists.

Refer to the budget process and City Manager for analysis. Implementation would require review by the City Attorney and Planning Department to assess consistency with existing inclusionary housing and fair housing laws.

2. Integrate policies to incentivize affordable housing and affordable commercial space for artists in the San Pablo Specific Plan and Corridors Zoning Update.

Refer to the budget process and City Manager for analysis. Staff time from Planning and HHCS would be required to research potential policies and integrate them into the planning process for the zoning and specific plan updates.

The San Pablo Specific Plan and Corridors Zoning Update are scheduled for Council consideration in Spring 2026.

3. Place an affordable housing bond measure on the 2028 ballot.

Refer to the budget process and City Manager for analysis. Council would need to formally adopt an action to place an initiative for voter consideration on the November 2028 ballot.

4. Partner with regional arts and housing organizations to identify sites for artist housing and provide technical assistance or predevelopment funding.

The City does not currently practice land banking, which is the practice of buying land as an investment and holding it for future use without specific plans for its development. Consider designating a priority or preference for artists as part of any future Housing Trust Fund Request for Proposals. There are no planned Request for Proposals at this time.

5. Implement strategies from the Berkeley Social Housing Study.

Staff presented the social housing study to Council at a work session on September 30, 2025. Council may refer any recommendations from the Social Housing study to the budget referral process.

Companion Report: Affordable Housing for Artists Report CONSENT CALENDAR December 2, 2025

6. Adopt a standardized process for designating local cultural districts and applying for State cultural district designation.

On December 3, 2024, City Council referred to the City Manager and the Civic Arts Commission to: “Consider common standards for locally designated cultural districts, including but not limited to Overlay Zones, and implementation of cultural district designation within the boundaries of Area Specific Plans, including but not limited to the Adeline Corridor and San Pablo Corridor Specific Plans.”
The Civic Arts Commission has included in its FY 2026 Work Plan to develop common standards for locally designated cultural districts and has begun discussing the topic with the goal of sending policy recommendations to Council by the end of the fiscal year.

In partnership with community stakeholders, the Civic Arts Program submitted an application to the California Arts Council for state designation of the Black Arts & Culture District in August 2025. The selection process is highly competitive and will only result in the designation of ten new cultural districts throughout the State of California.

7. Preserve funding for a Guaranteed Basic Income pilot project and explore inclusion of low-income artists and cultural workers.

The $50,000 previously budgeted to explore a Universal Basic Income/Reentry (Guaranteed Basic Income) pilot remains unencumbered and is on the City’s FY 2026 carryforward list for review in Fall 2025. If carryforward is approved, staff will complete a short feasibility and scope analysis. The analysis would include consideration of adding low-income artists and cultural workers as an eligibility category.

BACKGROUND
In 2023, the Civic Arts Commission sought collaboration with the Housing Advisory Commission to address the issue of housing affordability for artists. In July 2023, the two commissions formed a joint subcommittee to develop affordable housing strategies for artists and cultural workers, recognizing their unique role in community character and prosperity. Over two years, the subcommittee studied ways to address the critical need for artist housing culminating in a final report.

The Housing Advisory Commission and the Civic Arts Commission approved recommending that the report be submitted to the City Council for its approval at their respective July 2025 meetings. The report is included as Attachment 1.

Companion Report: Affordable Housing for Artists Report CONSENT CALENDAR December 2, 2025

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

The environmental sustainability and climate impacts of any recommendation will be considered if Council chooses to advance them for further study.

RATIONALE FOR RECOMMENDATION
Staff supports the report’s intent and acknowledges the importance of preserving the city’s creative workforce. The staff recommendation for council to receive the report and refer selected items for advancement to the citywide Budget and RRV process, provides a procedural framework for Council consideration and advancement of these selected items within the City’s established planning, fiscal, and prioritization processes.

This approach allows the City to balance support for the arts and housing with other competing housing and community development priorities in a fiscally sound manner.

ALTERNATIVE ACTIONS CONSIDERED
Council could choose to adopt and refer specific recommendations from the "Keeping Creativity Local" report at this time. However, immediate implementation of the recommendations would require staff capacity assessment, dedicated fiscal support, and coordination with some ongoing initiatives and reprioritization of others. Some recommendations may require additional substantial dedicated budget allocations to move forward.

CONTACT PERSON
Mike Uberti, Senior Community Development Project Coordinator, HHCS, (510) 981-5114
Snow Zhu, Housing Advisory Commission Secretary, (510) 981-7774 Jennifer Lovvorn, Civic Arts Commission Secretary, 510-981-7533

CONSENT CALENDAR
December 2, 2025
To: Honorable Members of the City Council
From: Mayor Adena Ishii (Author), Councilmember Igor Tregub (Co-sponsor), Councilmember Brent Blackaby (Co-sponsor)
Subject: Annual Berkeley Holiday Fund: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Fund

RECOMMENDATION

1. Adopt a Resolution approving the expenditure of an amount not to exceed $500 per Councilmember including $500 from Mayor Ishii, $500 from Councilmember Blackaby, and $250 from Councilmember Igor Tregub to the Berkeley Holiday Fund with funds relinquished to the City’s general fund for this purpose from the discretionary Council Office Budgets of Mayor Ishii and any other Councilmembers who would like to contribute.

BACKGROUND
Founded over a hundred years ago, in 1912, the Berkeley Holiday Fund, embodies the “the Berkeley Spirit” by providing aid to residents in Berkeley during the holiday season.

Sending grants to almost 1,200 recipients in the past year, totalling over $140,000, which is completely donation based and volunteer staffed.

From the outset the Berkeley Holiday Fund has traditionally been supported by the Berkeley Mayor and members of the Berkeley City Council. With the Berkeley Mayor often serving as the Honorary Chair and for more than thirty years the Mayor’s office has provided a small grant to support the mailing of cash cards to the people referred by the Holiday Fund.

FINANCIAL IMPLICATIONS

No General Fund impact; $500 is available from Mayor Ishii and Councilmember Brent Blackaby’s Office Budget discretionary accounts. $250 is available from Councilmember Igor Tregub’s Budget discretionary accounts.

ENVIRONMENTAL SUSTAINABILITY
There are no environmental impacts associated with the recommendations in this report.

CONTACT PERSON
Mayor Adena Ishii
510-981-7100

Attachments: 1: Resolution for Council Expenditures

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

AUTHORIZING THE EXPENDITURE OF DISCRETIONARY FUNDS FROM THE

OFFICE EXPENSE ACCOUNTS OF THE MAYOR AND COUNCILMEMBERS FOR A

GRANT TO PROVIDE PUBLIC SERVICES FOR A MUNICIPAL PUBLIC PURPOSE

WHEREAS, Mayor Adena Ishii has funds in her office discretionary account; and

WHEREAS, a California non-profit tax-exempt corporation, the Berkeley Holiday Fund, seeks funds in the amount of $500 to provide the following service of offering aid to residents in need in Berkeley during the holiday season; and

WHEREAS, the Berkeley Holiday Fund, founded in 1912, is completely donation-based & volunteer-staffed; and

WHEREAS, the Berkeley Holiday Fund embodies the “the Berkeley Spirit” by providing aid to residents in Berkeley during the holiday season; and

WHEREAS, historically the Berkeley City Council has generously supported and contributed small grants to the Berkeley Holiday Fund.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that funds relinquished by the Mayor and Councilmembers from their Council Office Budget up to $500 per office shall be granted to the Berkeley Holiday Fund to fund the following service of offering aid to residents in need in Berkeley during the holiday season.

1 2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7110 ● Fax: (510) 981-7111 E-Mail: [email protected]
Rashi Kesarwani
Councilmember, District 1

CONSENT CALENDAR
December 2, 2025
To: Honorable Mayor and Members of the City Council
From: Councilmember Rashi Kesarwani (Author) and Mayor Adena Ishii (Co-Sponsor) and Councilmembers Shoshana O’Keefe and Cecilia Lunaparra (Co-Sponsors)
Subject: Urban Compassion Project: Relinquishment of Council Office Budget Funds to General Fund for Grant of Such Funds

RECOMMENDATION
Adopt a resolution approving the expenditure of an amount not to exceed $1,000 per Councilmember including a $1,000 donation from Councilmembers Kesarwani and O’Keefe, $1,000 from Mayor Ishii, and $800 from Councilmember Lunaparra to the Urban Compassion Project1 with funds relinquished to the City’s General Fund for this purpose from the discretionary Council Office Budget of Councilmembers Kesarwani, O’Keefe, and Lunaparra and Mayor Ishii and any other Councilmembers who would like to contribute.

BACKGROUND
The Urban Compassion Project is a non-profit entity that supports communities in need by providing mutual aid, linking homeless individuals to critical services and clearing illegally dumped waste and debris on impacted streets as a volunteer service.

These efforts are provided to cities and communities at no cost. The money relinquished from Council Office budgets will be a donation to recognize the value of this organization’s work and support its mission with the hopes of fostering a continued partnership with the City of Berkeley. On November 8, 2025 the Urban Compassion Project hosted a cleanup event at Eighth and Harrison Street, which cleared 24,000 pounds of debris with the help of 60 volunteers as well as homeless individuals. 1 The Urban Compassion Project (UCP) supports vulnerable communities in need by clearing illegally dumped waste, providing mutual aid and clearing tons of dumped trash from city streets. See:
https://urbancompassionproject.org/

2 2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7110 ● Fax: (510) 981-7111 E-Mail: [email protected]
Despite significant City effort to provide services, shelter, motel rooms, and save RV parking, the Harrison Corridor has continued to experience the detrimental impacts of homelessness for a number of years. As is often the case, homeless encampments become sites for illegal dumping and a build-up of trash and debris due to a lack of sanitation resources. Despite the City’s attempts to address the public health and safety concerns associated with the build-up of illegally dumped materials and debris, it does not have the capacity to devote enough resources to effectively manage the persistent conditions on Harrison Street. This problem has grown to such an extent that two-way traffic on Harrison Street is compromised. In addition to the health and safety impacts to those living on the street, this has significantly affected the businesses, non-profit organizations and artists along the Harrison Corridor and surrounding areas. Supporting the work of the Urban Compassion Project will help strengthen a partnership with this organization that could assist with improving other areas throughout the City in the future.

FISCAL IMPACTS
No General Fund impact. $1,000 is available from the budget discretionary accounts of Councilmember Kesarwani, O’Keefe, and Mayor Ishii and $800 from Councilmember Lunaparra’s office budget discretionary account.

ENVIRONMENTAL IMPACTS
Clearing Harrison and surrounding streets of trash and debris alleviates detrimental health and safety impacts on encampment residents, businesses, and non-profit employees and prevents unsafe run-off from entering Codornices Creek during the rainy season.

CONTACT PERSON
Councilmember Rashi Kesarwani, District 1 (510) 981-7110

ATTACHMENT
1) Resolution

3 2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7110 ● Fax: (510) 981-7111 E-Mail: [email protected]
RESOLUTION NO. ##,###-N.S.

URBAN COMPASSION PROJECT HARRISON CORRIDOR CLEANUP
WHEREAS, The Urban Compassion Project is a local nonprofit entity that tackles the intertwined issues of homelessness, public health, and environmental degradation; and
WHEREAS, The Urban Compassion Project operates using a multifaceted approach that cleans and beautifies neighborhoods while fostering community cohesion and supporting individuals in their journey towards stability; and WHEREAS, The Urban Compassion Project has been sponsoring weekly cleanups in Oakland and other cities engaging thousands of volunteers over time, both housed and unhoused, while removing over 2,400 tons of trash; and WHEREAS, The Urban Compassion Project has already engaged with the unhoused residents living along the Harrison Street corridor who are eager to have assistance with cleaning the area; and
WHEREAS, The Urban Compassion Project has already cleaned the Harrison Street corridor on November 8, 2025 bringing 60 volunteer participants to assist in removing 24,000 pounds of trash and debris; and
WHEREAS, the City of Berkeley would like to support and continue partnering with this organization; and
WHEREAS, the provision of their services has fulfilled the municipal public purpose of providing outreach to very low-income vulnerable residents while simultaneously improving the public health and safety of the Harrison Street corridor.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that funds relinquished by the Mayor and Councilmembers from their Council Office Budgets up to $1,000 per office shall be granted to the Urban Compassion Project to cover the costs associated with the Harrison Street Cleanup event.

CONSENT CALENDAR
December 2nd, 2025
To: Honorable Mayor and Members of the City Council
From: Councilmember Terry Taplin (Author), Councilmember Tregub (Co-Sponsor), Councilmember Lunaparra (Co-Sponsor)
Subject: Resolution for Unionization Efforts by Employees of Ècole Bilingue

RECOMMENDATION
Adopt a Resolution in support of Ècole Bilingue de Berkeley administrative, support, and enrichment staff unionization effort.

FISCAL IMPACTS OF RECOMMENDATION
None.

BACKGROUND
Ècole Bilingue de Berkeley (EB) is a private PK-8th grade French immersion school on Heinz Avenue in Berkeley. In 2014, the faculty joined AFT/CFT, Local 6563. In 2015 they negotiated their first contract which improved working conditions and retention and provided for collaborative decision-making and job security.

Some ten years later, on October 21st, 2025, a super majority of administrative, support, and enrichment staff from EB requested voluntary recognition for a new bargaining unit in AFT/CFT Local 6563. Within 24 hours the school administration denied the request.

Administration told staff they must proceed through the National Labor Relations Board.

As of November 6th, 2025, the federal government is still shut down. Because of this, the National Labor Relations Board has suspended processing representation petitions and conducting elections. This leaves the workers lacking a clear way ahead.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
None.

CONTACT PERSON
Terry Taplin, District 2 Councilmember, (510) 981-7120
Attachments:
1: Resolution

Ècole Bilingue Union Recognition CONSENT CALENDAR
December 2, 2025
RESOLUTION NO. ##,###-N.S.

RESOLUTION SUPPORTING UNIONIZATION OF ECOLE BILINGUE DE BERKELEY STAFF
WHEREAS, a supermajority of staff at Ècole Bilingue in Berkeley requested voluntary recognition for a new bargaining unit on October 21st, 2025; and WHEREAS, the administration at Ècole Bilingue de Berkeley refused to voluntarily recognize the staff union within 24 hours of the request, and instead instructed staff they would only proceed through the National Labor Relations Board; and WHEREAS, the federal government has been shut down since October 1, leaving no viable option for staff to file a petition for a union election; and WHEREAS, union representation has been consistently shown in empirical studies to improve working conditions; access to healthcare and sick pay; and wage parity for women, Black and Latinx workers, and other disadvantaged groups; and WHEREAS, the NLRB reports that union representation petitions increased by 27% in Fiscal Year 2024, representing continued strength in the labor movement in the United States; and
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that Ècole Bilingue de Berkeley administration is hereby urged to voluntarily recognize the union representation request by its administrative, support, and enrichment staff seeking to unionize under the Bay Area Federation of Teachers, Local 6563 as soon as possible and begin bargaining a fair and just collective bargaining agreement

2180 Milvia Street, Berkeley, Floor 5, CA 94704 ● Tel: (510) 981-7130 ● E-Mail: [email protected]

CONSENT CALENDAR
December 2, 2025
To: Honorable Mayor and Members of the City Council
From: Councilmember Ben Bartlett (Author)
Subject: Creations Berkeley – Black Joy Club Kwanzaa Toy Drive and Celebration on December 11, 2025 – Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds
RECOMMENDATION:

Adopt a Resolution approving the expenditure of an amount not to exceed $250 per Councilmember, including $250 from the discretionary Council Office Budget of Councilmember Ben Bartlett, to Creations Berkeley Media & Performing Arts, Inc., to support the Black Joy Club’s Kwanzaa Toy Drive and Celebration at Sylvia Mendez Elementary School on Wednesday, December 11, 2025. The funds will be relinquished to the City’s General Fund from the Discretionary Council Office Budget of Councilmember Ben Bartlett and the Discretionary Council Office Budgets of any other Councilmembers who would like to contribute.

BACKGROUND:

On December 11, 2025, the Black Joy Club at Sylvia Mendez Elementary School, facilitated by Creations Berkeley, will host a Kwanzaa Celebration and Toy Drive inspired by the Kwanzaa principle of Ujima, Collective Work and Responsibility. The event will take place from 5:45 PM to 7:00 PM at Sylvia Mendez Elementary School, located at 2840 Ellsworth Street, room 107. The event underscores the program’s commitment to empowering youth through meaningful community engagement.

The Black Joy Club provides a space to celebrate culture, build community, and develop leadership through creativity and service. Guided by Creations Berkeley, students decided to put the principle of Ujima into action by organizing a toy drive to bring joy to families in need during the holiday season.

At the celebration, students will present the collected gifts to the public as a gesture of unity and shared community care. The gifts will be distributed to local families in need, continuing the spirit of collective responsibility.

The Kwanzaa Celebration will include food, music, dance, and cultural sharing, emphasizing the values of unity, creativity, and cultural pride. The event showcases the leadership of Berkeley’s youth and their ability to engage in meaningful civic service.

2180 Milvia Street, Berkeley, Floor 5, CA 94704 ● Tel: (510) 981-7130 ● E-Mail: [email protected] 2 Creations Berkeley Media & Performing Arts, Inc., a Berkeley-based nonprofit organization, empowers historically underrepresented youth through accessible media literacy and performing arts education. Its programs, including Lights, Camera, Action! and Creations Dance Group, merge creative expression with leadership development, preparing young people for future opportunities in higher education and the creative economy.

The collaboration between Creations Berkeley and Sylvia Mendez Elementary School highlights the City’s commitment to youth empowerment, cultural celebration, and community engagement.

ENVIRONMENTAL SUSTAINABILITY:

No negative impact.

FISCAL IMPACTS OF RECOMMENDATION
There is no General Fund impact; $250 is available from the discretionary council office budget of Councilmember Ben Bartlett.

CONTACT PERSON:

Councilmember Ben Bartlett [email protected] James Chang [email protected]
Lara Zangana (510) 981-7130
ATTACHMENTS:

1. Draft Resolution

2. Black Joy Presents Kwanza Celebration Toy Drive Flyers

2180 Milvia Street, Berkeley, Floor 5, CA 94704 ● Tel: (510) 981-7130 ● E-Mail: [email protected] 3 Attachment 1:

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

AUTHORIZE THE EXPENDITURE OF SURPLUS FUNDS FROM THE OFFICE

EXPENSE ACCOUNTS OF THE MAYOR AND COUNCIL MEMBERS FOR A

DONATION TO CREATIONS BERKELEY IN SUPPORT OF THE BLACK JOY CLUB

KWANZAA TOY DRIVE AND CELEBRATION
WHEREAS, Councilmember Ben Bartlett has funds in his office expenditure account, and
WHEREAS, Creations Berkeley Media and Performing Arts, Inc, a non-profit organization, will receive funds for $250 from Councilmember Ben Bartlett’s office expenditure account; and
WHEREAS, Creations Berkeley Media & Performing Arts, Inc., a nonprofit organization dedicated to empowering historically underrepresented youth through accessible media literacy and performing arts education, facilitates the Black Joy Club at Sylvia Mendez Elementary School; and
WHEREAS, the Black Joy Club has launched a Kwanzaa Toy Drive and Celebration inspired by the Kwanzaa principle of Ujima-Collective Work and Responsibility, to bring joy and support to local families in need during the holiday season; and WHEREAS, this youth-led initiative connects students, community members, and civic leadership in an act of shared service, fostering cultural pride and civic engagement; and
WHEREAS, the provisions of such services fulfill the municipal public purpose of promoting youth empowerment, community well-being, and cultural education in the City of Berkeley;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that funds relinquished by the Mayor and Councilmembers from their office budgets up to $250 shall be granted to Creations Berkeley Media & Performing Arts, Inc. in support of the Black Joy Club Kwanzaa Toy Drive and Celebration on December 11, 2025.

2180 Milvia Street, Berkeley, Floor 5, CA 94704 ● Tel: (510) 981-7130 ● E-Mail: [email protected] 4 Attachment 2:

2180 Milvia Street, Berkeley, Floor 5, CA 94704 ● Tel: (510) 981-7130 ● E-Mail: [email protected] 5

Berkeley City Councilmember
Igor Tregub, District 4
2180 Milvia Street, 5th Floor
Berkeley, CA 94704
[email protected]

CONSENT CALENDAR
December 2, 2025
To: Honorable Mayor and Members of the City Council
From: Councilmember Igor Tregub
Subject: Budget Referral: FY26 AAO1 Downtown Berkeley
Revitalization Projects

RECOMMENDATION
Refer the (1) Addison Catenary Lighting Project, (2) Oxford for All proposal, and (3) Harold Way Placemaking Project schematic design to the Fiscal Year 2026 (FY26) Annual Appropriations Ordinance #1 (AAO1), AAO2, or biennial budget process adoption, as appropriate, to be funded through the Street and Open Space Improvement Plan (SOSIP) and/or Long-Range Development Plan (LRDP) Funds.

These projects are high-impact investments in Downtown Berkeley’s ongoing revitalization. By transforming these key downtown spaces into safe, visually captivating, walkable destinations, these projects will encourage more residents, students, and visitors to explore local shops, restaurants, and cultural venues. These projects will highlight Berkeley’s creative and transit-oriented character, inviting people to visit, linger, take photos, and share their experiences. As pedestrian and bike traffic increases, existing businesses will be encouraged to extend hours, host outdoor events, and new businesses will be encouraged to occupy vacant storefronts creating a positive cycle of growth and reinvestment that benefits the entire community.

Through public-private collaboration and thoughtful designs, these initiatives will transform Downtown Berkeley with a spirit of creativity, inclusivity, urban vibrancy, and transit safety-- a place where people want to gather, spend time, and contribute to the city’s economic life.

2 FISCAL IMPACTS OF RECOMMENDATION
The estimated costs for the three projects as proposed are as follows, in order of priority:

1. $150,000 – Addison Street Catenary Lighting Project

2. $2,500,000 – Oxford for All - design, engineering, and construction

3. $250,000 – Harold Way Placemaking Project
Funds are available in both the SOSIP and LRDP funding streams to support all three requests. No use of General Funds is being proposed.

In addition, some staff time will be needed to administer funding from SOSIP and/or LRDP funds.
(1) Addison Catenary Lighting Project

BACKGROUND
Addison Street is the heart of Berkeley’s Arts District and home to the majority of Berkeley’s arts institutions including the Berkeley Repertory Theatre, The Freight, and the California Jazz Conservatory, where many performances start and end in the dusk or complete darkness, especially in the fall and winter months.

Despite being a cultural and economic anchor, frequently visited by many, its streetscape lacks lighting, visual character, and design features that encourage extended evening activity.

Throughout the City we see examples of well and creatively lit streets, like “Lights on Fourth”1 Street making it a warm, festive and welcoming destination where businesses are able to extend shopping and dining hours well into the evening attracting hundreds of visitors.

The opportunity exists to replicate this kind of creative lighting in Downtown Berkeley. The Downtown Berkeley Association (DBA) made this project one of their priorities and are leading a group of volunteer arts district community leaders and architects to work on this project pro bono.

Proposed Elements Include:
 Bistro Lighting Installations2
1 https://www.berkeleyside.org/2023/11/09/around-berkeley-fourth-street-holiday-lights-san-francisco- symphony
2 Downtown Berkeley Addison Lights 2024 PDF (see attached)

3 - Seven sets of three light strands arranged perpendicular to the street - Five feet between strands and 50 feet between sets
- Mounted approximately 20 feet high, to avoid a full canopy effect, maintaining an open streetscape
 Tree Lighting Enhancements3
- Trees at the Addison and Shattuck and Addison and Milvia corners - LED lighting to enhance ambiance and safety
- Seasonal flexibility for artistic variation and cultural celebration

CURRENT SITUATION AND ITS EFFECTS
Despite frequent performances and events, the Addison Arts corridor lacks the visual cohesion and bright ambiance expected of Berkeley’s Arts District, leading to low pedestrian activity during evening hours. The Addison Street Lighting and Ambiance Project can bring similar vitality to Downtown, showcasing the Berkeley Arts District as a place where people gather to experience culture, community, and creativity.

RATIONALE FOR RECOMMENDATION
 Lighting and Public Safety4
Well-illuminated streetscapes support both real and perceived safety.

Improved visibility allows pedestrians to better navigate the environment and assess traffic, while also reducing opportunities for disorder. When people feel safe, they are more likely to walk, stay longer, and participate in evening activities, which increases community presence and helps maintain a sense of shared stewardship in public space.
 Cultural Identity and Place-Making
Addison Street is the center of Berkeley’s Arts District, where cultural institutions, performances, and community gatherings define the character of downtown. Thoughtful lighting can emphasize this identity by creating a welcoming and recognizable atmosphere. The project incorporates flexible design elements that can reflect seasonal and cultural moments and strengthen a shared sense of pride and belonging.
 Economic Vitality and Evening Activation
Cultural venues draw significant foot traffic, particularly in the evening.

Lighting that supports comfort, visibility, and ambiance encourages visitors to spend more time in the district before and after events, benefiting nearby restaurants, cafes, and local shops. Increased evening presence supports 3 Downtown Berkeley Addison Lights 2024 PDF (see attached) 4 Welsh and Ferrington, “Effects of Improved Street Lighting on Crime“ https://www.ojp.gov/ncjrs/virtual- library/abstracts/effects-improved-street-lighting-crime

4 small businesses, encourages extended hours, and contributes to a more vibrant and inviting downtown.
 Pedestrian Experience and Accessibility5
Lighting is a core component of pedestrian-friendly design. National research shows that most severe pedestrian collisions occur in dark conditions.

Enhancing lighting along Addison Street will improve visibility for both pedestrians and drivers, making it easier and safer for people to move through the corridor, especially during fall and winter months when many performances occur at dusk or after nightfall.

ENVIRONMENTAL SUSTAINABILITY
Enhanced pedestrian lighting increases both safety and comfort, making it easier for people to navigate Downtown in the evening without relying on automobiles.

The project’s focus on durable, energy-efficient LED lighting ensures long-term sustainability with minimal maintenance and low energy consumption.

Additionally, the lighting design will complement Vision Zero6 initiatives by improving visibility for all users, including cyclists and pedestrians, while strengthening the sense of place that supports a thriving, mixed-use urban core.

The project’s proximity to BART, AC Transit, and major bicycle routes amplifies its impact, fostering a more connected and environmentally responsible Downtown that aligns with the City’s broader Climate Action Plan7 and equity- focused sustainability framework.
(2) Oxford For All8

BACKGROUND
This item intends to reaffirm the Oxford for All Referral approved by the City Council on June 3, 2025. The $400,000 was originally referred to the June budget process (FY26 Mid-Biennial Update) for a quick-build. Per City Manager the full amount for the project completion, which is approximately $2,500,000, should be re-referred to non-General Fund funding sources (e.g., LRDP, SOSIP), as available and applicable to provide the City of Berkeley Public Works Department with necessary funds to support design, engineering, and construction costs for the project.
5 https://www.nhtsa.gov/book/countermeasures-that-work/pedestrian-safety 6 https://berkeleyca.gov/your-government/our-work/adopted-plans/vision-zero-action-plan 7 https://berkeleyca.gov/your-government/our-work/adopted-plans/berkeley-climate-action-plan 8 https://berkeleyca.gov/sites/default/files/documents/2025-06- 03%20Item%2024%20Referral%20Oxford%20for%20All.pdf

5 Improving safety on Oxford Street and Fulton Street is especially important at this moment. In the next decade, many significant developments are planned along the Oxford corridor that could dramatically affect transportation, development, urban design, housing, potentially land values/affordability and more. The University of California is planning to redevelop and expand University Hall at Oxford and University and is planning a student housing project at Fulton and Bancroft that will contain an estimated 1625 beds.9 Anchor House, between University and Hearst on Oxford has already come online with 772 new beds for transfer students.10 Additionally, a 17-story, 283-unit private mixed use development called The Hub will be built at the intersection of Oxford Street and Center Street.11 Nearby on Hearst Avenue, the entirely new College of Data and Society Gateway building is currently under construction.12 Beyond these projects, many substantial projects are planned on adjacent streets. These new developments will spur new transportation demand for safe bicycle and pedestrian infrastructure.

RATIONALE FOR RECOMMENDATION
This referral builds on prior work and recognizes the urgent need to address traffic safety on Oxford Street with proven infrastructural solutions. Full build-out of Oxford for All will result in cost savings in the long run.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Berkeley’s 2019 Greenhouse Gas Inventory found that 60 percent of emissions in the City come from transportation sources, predominantly private vehicles.

Building connected, safe active transportation facilities is one of the most effective ways Berkeley can reduce its largest source of greenhouse gas emissions. Oxford St. and Fulton St. next to campus are highly interconnected to other nearby streets that have already received bicycle and pedestrian safety improvements, such as Bancroft Way, Oxford Street, and Fulton Street south of Bancroft Way. Because this project would close a key gap in Berkeley’s bicycle network, its impacts in reducing greenhouse gas emissions would be particularly high.
9 https://capitalstrategies.berkeley.edu/Bancroft-Fulton 10 https://studenthousingbusiness.com/uc-berkeley-completes-772-bed-residence-hall-for-transfer- students/
11 https://berkeleyca.gov/sites/default/files/2022-04/4-The-HUB-Applicant-Statement-01-20-22-2128- Oxford.pdf
12 https://capitalstrategies.berkeley.edu/gateway

6 (3) Harold Way Placemaking Project

BACKGROUND
In 2022, the DBA, in partnership with Berkeley Design Advocates (BDA), designed the Harold Way Placemaking Project Schematic Design. The DBA and BDA received input from neighbors, nearby property owners, City staff, and Councilmembers in the development of this concept.

The Harold Way Placemaking Project has long been envisioned as a key opportunity site for Downtown Berkeley, anchored between the Berkeley Public Library and YMCA. Historic buildings such as Dharma College and the Mangalam Center provide additional architectural and cultural character to this cityscape. The area presents a transformative opportunity to create a vibrant pedestrian-oriented open space.

In the past, Harold Way was the site for several community events including the Dia De Los Muertos celebration, Harold Way Pumpkin Patch, Asian Cultural Festival, Lunar New Year Celebration, and Berkeley Bliss Silent Disco.

CURRENT SITUATION AND ITS EFFECTS
Downtown Berkeley is rapidly evolving as a mixed-use, pedestrian-friendly district with a growing residential population and increased public activity. Harold Way exists between the bustling BART Plaza and the quieter institutional and residential spaces. The one-block street is nestled between the Berkeley Public Library Central Branch and the Downtown Berkeley YMCA, and just around the corner from Berkeley High School.

Creating an attractive, safe, and flexible open space here aligns directly with the community’s goals for enhanced placemaking, pedestrian safety, and sustainability. Being just one block long, Harold Way is not a major throughway for vehicular traffic, making this an ideal place for creating a pedestrian hub with inviting features such as trees, seating areas, and a public restroom.

RATIONALE FOR RECOMMENDATION
The Harold Way Placemaking Project fulfills several primary objectives of the Streets and Open Space Improvement Plan (SOSIP):13
13 Downtown-Streets-and-Open-Space-Improvement-Plan.pdf

7  Placemaking: Create an attractive, memorable public environment that reinforces Downtown Berkeley as a destination.
 Public Life: Encourage social, cultural, and business activity in the heart of the city.
 Health & Comfort: Provide safe, attractive, and comfortable spaces for pedestrians and cyclists.
 Access: Enhance multimodal connectivity and universal accessibility.  Sustainability: Support Berkeley’s climate and resilience goals by promoting walkability and green design.

This schematic design phase is a critical next step toward delivering a shovel- ready project, positioning the City for future state, federal, and private grant opportunities to fund construction.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
According to the Climate Action Plan and Resilience Update,14 the transportation sector accounts for 46% of the City of Berkeley greenhouse gas emissions.

Every effort to make communities safe and inviting for pedestrians contributes to the reduction of Vehicle Miles Traveled and, therefore, aids in decarbonization and overtime amounts to tangible sustainability impacts.

CONTACT PERSON
Councilmember Igor Tregub, Council District 4
510-981-7140
[email protected]
Olga Bolotina, Chief of Staff, Council District 4
[email protected]
Amy Johnson, Legislative Aide, Council District 4
[email protected]
Shamaila Ahmed, Legislative Aide, Council District 4
[email protected]
14 Climate Action Plan and Resilience Update:
https://berkeleyca.gov/sites/default/files/documents/2022-11- 29%20Item%2016%20Climate%20Action%20Plan.pdf

8 Attachments:

1. Downtown Berkeley Addison Lights 2024

2. Harold Way Placemaking Project Workshop Report & Initial Options 7/04/2022

Bistros perpendicular to street:
• 7 sets of 3 strands:
• Phase 1 in yellow
• Phase 2 in red
• 5’ between strands
• Approx 50’ between sets
• 20’ high

WORKSHOP REPORT
04/25/2022 DRAFT

contents
introduction
historical context
urban context
how big is Harold Way?
opportunities
housing proposals
conversations
concepts
background
ideas
3 4
3 4
5 6
7 22

introduction
Harold Way is just one block long connecting Kittredge Street and Allston Way in Downtown Berkeley. It is centrally located to a number of Downtown Berkeley’s star attractions such as the City Library, YMCA, Civic Center, the offices, shops and restaurants on Shattuck Avenue, Berkeley High School, Downtown Berkeley Bart Station, and the Downtown Bart Plaza. Demonstrated through temporary closures to vehicular traffic, Harold Way can be pedestrianized presenting a valuable new public space opportunity in the downtown.

Beyond its worn asphalt and narrow sidewalks, Harold Way can be reimagined as a rich and exciting public open space destination for gathering, festivals, recreation, or simply a safe place to enjoy a conversation with friends and family.

The Harold Way Place-Making Project was initiated to brainstorm with the community, what kind of place Harold Way could become.

Allston Way
Kittredge Street
Harold Way
33 Little need for vehicular traffic opens an opportunity to convert the entire street for pedestrian uses.

background
44

historical context
Historically, Harold Way’s primary purpose was to provide service access for commercial uses fronting Shattuck Avenue and Allston Way. These commercial tenants included the Former J.F. Hinks department store, Shattuck Hotel, as well as many small shops and restaurants. Harold Way also provided access to a service garage for the Post Office on the western half of the block.

Today the former J.F. Hinks Department Store was been repurposed as Landmark’s Shattuck Cinemas, and Dharma College now owns all three properties on the west side of the street. Proposals for two new housing projects have been made recently for the site of the Post Office service garage, and the former J.F. Hinks department store.

The redevelopment of these two sites is indicitive of a larger national trend where downtowns are diversifying land uses to create more residenitial opportunities in the downtown core convenient to shopping and transit. 55 Dharma College is now located in the
former Armstrong Business School
Building
Downtown Berkeley prior to the extension
of Kittredge Street and the creaton of
Harold Way.

urban context
Downtown Berkeley has a rich variety of public open spaces including Civic Center, Downtown Plaza, the Addison Arts district, Shattuck Avenue, and the nearby West Circle at UC Berkeley. Distinctly missing however are public spaces not fronting major streets with significant traffic. In contrast, Harold Way is distinctly quiet, and halfway between the downtown retail corridor and Civic Center.

There is an opportunity to create a new kind of public open space in Berkeley, perhaps quieter, calming, and more locally oriented to downtown residents.

Little need for vehicular traffic opens an opportunity to convert the entire street for pedestrian uses.

What could this be?
Allston Way
Kittredge Street
Shattuck Avenue
Downtown Plaza
Civic Center
Milvia Street
Shattuck Hotel
Berkeley
High School
Berkeley
Library
YMCA
66 What kind of destination does
downtown need?
How can it relate and support
other attractions? Civic Center,
Library, Downtown Plaza?
What amenities are missing
downtown?
?

how big is Harold Way?
A comparable pedestrianized street is
the popular Mint Plaza in downtown San
Francisco, providing a useful pedestrian
connectivity as well a place for events
and gathering.
77 What elements make a plaza
more comfortable to spend
time?
How flexible should the space
be?
What kind of activities might
be ideal for a space of this
size and proportion?
How are challenges such as
homelessness addressed?
Image Landsat / Copernicus
Image Landsat / Copernicus
Image Landsat / Copernicus
Image Landsat / Copernicus
Image Landsat / Copernicus
Image Landsat / Copernicus
Public Public
LibraryLibrary
Kittredge StreetKittredge Street
Allston WayAllston Way
Shattuck Shattuck
HotelHotel
Parking Parking
StructureStructure
60’-0”60’-0”
285’-0” +/-285’-0” +/-
Dharma CollegeDharma College
(Proposal to (Proposal to
redevelop site)redevelop site)
287’-0” +/-287’-0” +/-
54’-0”54’-0”

opportunities
88 credit: Lara SwimmerArbour Blocks in Seattle, Washington is a richly designed street prioritizing the pedestrian.

With the increasing desire amongst many communities to reconsider how streets are designed and who they serve, new examples of creative place-making are emerging in more and more urban areas.

Below are a number of examples demonstrating ideas that span a spectrum from minimal to extensive interventions in the design of the streets and useable public open space. In all four cases the design of the street creates a memorable sense of place and enhances the quality of life for workers, tourists, and residents alike.
credit: Bill Singleton Flickr
Bradley Ave. Plaza and Green Alley, LA
credit: BUILD SF
Linden Alley, San Francisco
Bell Street, Seattle

2065 Kittredge Street: Corner of Allston Way and Harold Way in planning
99 Arbour Blocks in Seattle, Washington is a richly designed street prioritizing the pedestrian.

Two projects that are currently in Planning with the City of Berkeley are 2065 Kittredge Street and 2210 Harold Way. 2065 Kittredge Street is proposed to replace the former department store / Landmark Shattuck Cinemas with 188 residential units, and 3,600 sf of retail space on the ground floor. 2210 Harold Way is proposing 36 apartments over a ground level lobby and small cafe. 2210 Harold Way
Amenity
Amenity
Cafe
Lounge
Office
Res.

Lobby Bikes
Residential
Lobby
Bike Room
2 bed 2 bed 2 bed 2 bed 1 bed
Studio
UP
UP
SHEET TITLE:

PROJECT # :

DRAWN BY:

CHECKED BY:

SHEET NUMBER:

NOT RELEASED FOR CONSTRUCTION
NS

AKC/JRJ
3060 Peachtree Rd. N.W.

Suite 600
Atlanta, GA 30305
T 404 365 7600
www.nilesbolton.com
731754801

SITE PLAN
C0-001
PRELIMINARY APP SB330
07/21/2021
This drawing, as an instrument of service, is and
shall remain the property of the Architects and shall
not be reproduced, published or used in any way
without the permission of the Architect.

BERKELEY PLAZA

CA VENTURES
2065 KITTREDGE ST
BERKELEY, CA 94704
www.nilesbolton.com
No. Description Date
2 PRELIMINARY APP SB330 7/21/21
FF=168.99
FF=178.61 FF=178.76
FF=179.33FF=179.45
E
E
C
C
CW
LOT 1

UNITED STATES POSTAL SERVICE
APN 057-2027-004
LOT 23
BLDG COR178.40
BLDG COR177.45
BLDG COR178.28
BLDG COR177.75
BLDG COR176.26
S 9°05'33" E 267.12'

50.13'

50.13'

40.02'

40.02'

40.02'
S 80°55'38" W 100.05'
N 80°55'38" E 100.04'

RESIDENT LOBBY
STAIR
STAIR
CAFE
HALL
LOUNGE

MEETINGS

GARBAGE

EGRESS CORRIDOR
ELEV
ELEC.

MANAGER'S UNIT

RESTROOM
2 BED

NOT FOR CONSTRUCTION

CONSULTANTS
STAMP

SHEET TITLE

PROJECT NAME
PROJECT NO.

DRAWN BY

CHECKED BY
SHEET
2210 HAROLD WAY
2210 HAROLD WAY
BERKELEY, CA, 94704
H. ZHAO
W. HYNES
GNFT001

MILESTONE DATE
2200 Bridgeway
Sausalito, California
94965-1750
United States
www.swagroup.com
+1.415.332.5100 o
L1.0
P:\GNF\GNFT001 Harold Way\4 DrawingsGraphics\AutoCAD\Sheets\L1.0 LANDSCAPE SITE PLAN_GROUND FLOOR.dwg | CLINDLEY |PREVIOUS PAPER SIZE (24.00 X 36.00 INCHES) | 9/30/2020 0 2' 4'
14" = 1'-0"

LANDSCAPE SITE PLAN

GROUND FLOOR

ideas
1010

1111
Quote from Mayor
conversations

Ideas captured during the
charette expressed great
imagination and excitement
for how a new public space in
Berkeley could showcase the
community’s appreciation and
wealth of culture, arts, food, and
diversity.
1212
conversations

conversations
1313
The Berkeley community has
a deep and generous talent
pool ready to offer world class
thinking on design, social,
cultural, and economic issues
facing a re-imagined Harold Way.

Following a short presentation,
participants developed sketches,
discussed issues, precedents and
shared their thoughts.

1414
The Berkeley community has a deep and
generous talent pool ready to offer world class
thinking on design, social, cultural, and economic
issues facing a re-imagined Harold Way.

Following a short presentation, participants
developed sketches, discussed issues,
precedents and shared their thoughts.
conversations

Allston Way
Kittredge Street
Shattuck Avenue
Downtown PlazaDowntown Plaza
Civic CenterCivic Center
Milvia Street
Shattuck HotelShattuck Hotel
Berkeley Berkeley
High SchoolHigh School
LibraryLibrary

YMCAYMCA
Harold WayHarold Way
1515
sketch concepts
Bullet Points

1616
Bullet Points
0’ 25’ 50’ 75’ 100’
sketch concepts

1717
Bullet Points
sketch concepts

1818
Bullet Points
sketch concepts

1919
Bullet Points
sketch concepts

2020
Bullet Points
sketch concepts

2121
Bullet Points
sketch concepts

2222
Bullet Points
sketch concepts

2323
Bullet Points
sketch concepts

Bullet Points
sketch concepts
2424

Synthesis
1010

Igor Tregub, Councilmember District 4
Adena Ishii, Mayor
Brent Blackaby, Councilmember District 6
Shoshana O’Keefe, Councilmember District 5
2180 Milvia Street, Berkeley, CA 94704 Tel: 510.981.7140 TDD: 510.981.6903 E-Mail: [email protected]

CONSENT CALENDAR
December 2, 2025
To: Honorable Mayor and Members of the City Council
From: Councilmember Igor Tregub (Author), Mayor Adena Ishii (Co-Sponsor), Councilmember Brent Blackaby (Co-Sponsor), Councilmember Shoshana O’Keefe (Co-Sponsor)
Subject: Referral to the City Manager and City Attorney: Vibrant Storefront Policy

RECOMMENDATION
Referral to the City Manager and City Attorney to develop a vibrant storefront policy that sets performance standards and considers additional strategies to address a growing number of ground-floor storefront vacancies in Berkeley’s commercial districts.

FINANCIAL IMPLICATIONS
Staff time will be needed to develop and enforce the policy and to monitor commercial corridors to ensure compliance. Some of these efforts are aligned with the ongoing work of the City of Berkeley’s Office of Economic Development. Long-term fiscal benefits include stronger commercial activity, higher business tax revenues, and stabilized property values. While the goal of this policy is compliance, penalties for non- compliance could offset the costs of policy development and enforcement.

CURRENT SITUATION AND ITS EFFECTS
Community members, businesses, and neighborhood organizations have increasingly raised concerns about the number and condition of vacant commercial properties in Berkeley, a matter of urgency that necessitates expeditious policy intervention.

Although Berkeley’s economy remains fundamentally strong, prolonged ground-floor vacancies continue to affect key commercial corridors, including but not limited to

2 Downtown Berkeley.1 Even short-term vacancies create a perception of decline, discourage pedestrian activity, and reduce the sense of safety and vitality that defines Berkeley’s community spaces. In fact, when participants were asked at a recent Downtown Association Strategic Planning survey “to vote for their top three physical improvement priorities to achieve this vision, fill and activate empty storefronts was by far the most popular option, with 74% support.2
Storefront vacancies in commercial districts also generate ripple effects across the city.

Vacant storefronts interrupt pedestrian continuity, deter new investments, and reinforce perceptions of economic stagnation. The resulting deterioration undermines public safety, weakens consumer confidence, and diminishes the sense of place and neighborhood identity.3
Causes of Vacancies
Berkeley’s commercial vacancy rate, though variable by corridor, has generally remained higher than pre-pandemic levels. For example, according to the Downtown Berkeley Association, the Downtown area exhibits a 28.2% vacancy rate by square footage,4 including properties slated for development. This high rate of vacancy can be attributed to several interrelated factors:

Macro Causes/Issues
 Continued shift to e-commerce sales away from brick & mortar  Continued growth of food delivery services, including the advent of ghost kitchens outside of the commercial core
 Low property taxes for commercial properties with pre-Prop 13 or long-term owners  High costs of building out “cold shells” in new mixed-use developments  The amortization of buildout costs of tenant improvements paid by landlords and included in monthly rent over the term of lease, especially in cold shell spaces, can lead to reluctance to invest in such tenant improvements  In some instances, speculative property holding in anticipation of redevelopment, rezoning, or tax advantages.5 6 7
1https://berkeleyca.gov/sites/default/files/documents/Attachment2_Commercial%20District%20Dashboard s_2024_Q4.pdf?utm_source=chatgpt.com
2 https://www.downtownberkeley.com/wp-content/uploads/2025/06/DBAStrategicPlan_June-19- 2025_FINAL2.pdf
3 https://www.brookings.edu/articles/how-to-break-the-doom-loop-actionable-insights-from-the-brookings- future-of-downtowns-learning-exchange/?utm_source=chatgpt.com 4 https://www.downtownberkeley.com/wp-content/uploads/2025/06/DBAStrategicPlan_June-19- 2025_FINAL2.pdf, Page 14
5 https://www.irs.gov/taxtopics/tc425
6 https://www.irs.gov/businesses/small-businesses-self-employed/tips-on-rental-real-estate-income- deductions-and-recordkeeping
7 https://www.irs.gov/businesses/small-businesses-self-employed/tips-on-rental-real-estate-income- deductions-and-recordkeeping

3 Berkeley-Specific Causes/Issues
 Requirement of mixed-use retail on the ground floor in new residential projects  Stalled housing projects due to market conditions (retail vacated and stripped of utilities in anticipation of now delayed construction)
 Safety and quality-of-life concerns for customers and employees (e.g., closure of Peet’s Coffee at Shattuck & Kittredge)8 also impacting willingness of residents and visitors to come to the Downtown and other commercial districts.  Retail crime and property damage (e.g., stolen tip jars, smash & grab, broken windows)
 Lack of loading zones for pickup and delivery
 High cost of buildout with older infrastructure with time and expense of new code requirements
 Dependence on student market with limited disposable income in some areas of the City
 Shrinking need for office space square footage and usage in commercial districts (due to effects of COVID-19 and other factors)
 Extended permitting and renovation timelines delaying re-occupancy  Lingering impacts of COVID-19, including business closures, remote work, and reduced daytime foot traffic
 Misalignment between available spaces and market demand in terms of layout, size, and allowable use
 High commercial rents limiting affordability for small and locally owned businesses District Vacancy
Rate 2020
Vacancy
Rate 2021
Vacancy
Rate 2022
Vacancy
Rate 2023
Vacancy
Rate 2024
Downtown
Berkeley

9.9% 15.7% 11.9% 10.8% 28.2%9
Telegraph
Avenue

17.2% 12.6% 8.5% 9.3% 9.9%
San Pablo
Avenue

4.8% 7.9% 10.8% 15.5% 7.1%
Solano
Avenue

6.7% 4.4% 3.7% 2.6% 2.1%
8 https://oaklandside.org/2024/06/13/parlour-cabanas-peets-east-bay-restaurant-closing/ 9 This figure includes vacant storefronts in buildings that were scheduled for demolition to make way for new construction.

4 As identified in the Spring 2025 Vacant Storefront Toolkit, the leading causes of Berkeley’s storefront vacancies include high rents, holding costs, financing delays, ongoing COVID-19 impacts, zoning and permitting challenges, e-commerce disruption, and safety concerns.

Developing a vibrant storefront policy will help Berkeley promote vibrant and welcoming streetscapes, preserve neighborhood integrity, and address the key externalities of long-term vacancies, blight, and economic stagnation across its commercial corridors.

There are several patterns of vacant commercial property ownership that contribute to prolonged storefront inactivity.10 Research shows that these patterns are observed in cities nationwide and have measurable impacts on neighborhood vitality, economic resilience, and the public experience of commercial districts.11  Active Leasing
Property owners who are actively seeking tenants and setting lease rates within a reasonable market range and/or willing to do “deals” with right tenants including reduced rents, first months free, tenant improvement budgets, etc. These owners maintain their spaces, respond to inquiries, and demonstrate consistent effort to lease in good faith, but cannot find appropriate tenants.  Holding for Higher Returns
Property owners who keep spaces vacant while waiting for a more profitable 10 https://archive.strongtowns.org/journal/2025/5/22/whats-with-the-vacant-storefronts-8-reasons-for- empty-commercial-spaces
11 Joint Center for Housing Studies of Harvard University. “Why Do Urban Storefronts Stay Empty for So Long?” 2023
2024
2024

28.24%
Source: City OED & DBA

5 tenant or future sale. Lease rates may be set significantly above realistic market conditions, or negotiations may be prolonged or discouraged to secure higher returns.
 Holding for Redevelopment or Rezoning
Property owners who do not attempt to lease their properties because they anticipate future demolition, conversion, or redevelopment. These spaces remain inactive to avoid investment in improvements or tenant commitments prior to redevelopment. This includes several properties in the Downtown where retail was vacated in spring/summer 2024, and utilities removed, in anticipation of construction starting soon. When markets shifted with lower rents and continued high construction costs, these projects were put on hold, and re-leasing or pop- up retail not viable due to high costs and time to reinstall utilities.  Vacancy as a Financial Strategy
While not observed in Berkeley, this has been used as a strategy in certain cases outside of Berkeley for tax depreciation or other financial advantages. In these cases, the vacancy is intentional and financially structured rather than related to leasing conditions.
 Absentee or Disengaged Ownership
Property owners who are unresponsive or minimally involved in the management of their buildings. Lack of maintenance, delayed repairs, and visible deterioration can result in negatively impacting surrounding businesses and the public realm.

While most property owners make good-faith efforts to lease or activate spaces, there are some who unfortunately do not.12 A quick look at Loopnet13 or CoStar14 shows that a large majority of vacant retail is being marketed by property owners and/or their commercial brokers. A milieu of business tax write-offs, absentee ownership dynamics, and ownership incentives contribute to the problem. Federal tax rules15 allow deduction of certain carrying costs and depreciation for income-producing property, subject to passive activity loss limitations.16 17 shows that a large majority of vacant retail is being marketed by property owners and/or their commercial brokers. Business tax write-offs, absentee ownership dynamics, and ownership incentives contribute to the problem. 12 https://www.spur.org/voter-guide/2020-03/sf-prop-d-vacancy-tax 13 https://www.loopnet.com/search/commercial-real-estate/berkeley-ca/for-lease/?view=map 14 https://www.costar.com/home/demo?utm_source=google&utm_medium=cpc&utm_campaign=836281990 5&utm_content=85421354763&utm_term=costar&utm_campaign_id=3ac7680a-ea7a-4c27-a0d2- 4ee10fe6a14e&gad_source=1&gad_campaignid=8362819905&gbraid=0AAAAAD1YTcI71652Bu9CmI0kk ofeS77qv&gclid=Cj0KCQiA5abIBhCaARIsAM3-
zFV3YP3GPoIkpdj3pvHRRxXI6PEfx_qFBYiKEsEe0y48o3FlDEnyafQaAthTEALw_wcB

6 Federal tax rules18 allow deduction of certain carrying costs and depreciation for income-producing property, subject to passive activity loss limitations.19 20 Several departments within the City share responsibility for various aspects of implementing, coordinating, and enforcing policies related to vacant and blighted properties. These efforts need to be aligned and coordinated to be effective. Adopting a vibrant storefront policy is an important step to develop regulations that are sensible, workable, and supportive of the vitality of our commercial corridors.

BACKGROUND
Vacant storefronts have been an ongoing conversation in Berkeley for years. In March 2025, the Council considered the First Year Free Program, Fill Empty Storefronts Act 21, introduced by former Councilmember Sophie Hahn, to waive initial business registration and licensing fees for new small businesses, modeled after San Francisco’s successful program to help fill vacant spaces. Despite previous efforts like the Berkeley Relief Fund22 and the Save-our-Small Business Loan Fund,23 commercial vacancies remain above pre-pandemic levels, particularly in South Berkeley, along San Pablo and University Avenue commercial corridors, and Downtown Berkeley. This proposal reflects Berkeley’s longstanding commitment to combining economic incentives with creative activation strategies to restore vibrancy to its commercial corridors.

While Berkeley has explored its own incentive-based approaches, examining how other cities have tackled similar challenges offers valuable insight into best practices and potential adaptations. Across the U.S., cities such as Cambridge, Massachusetts,24 Saratoga, California,25 and Evanston, Illinois26 have adopted vibrant storefront policies to reduce blight, maintain active street-level environments, and support local 18 https://www.irs.gov/forms-pubs/about-publication-946?utm_source=chatgpt.com 19 https://www.irs.gov/businesses/small-businesses-self-employed/tips-on-rental-real-estate-income- deductions-and-recordkeeping?utm_source=chatgpt.com
20 https://www.irs.gov/taxtopics/tc425?utm_source=chatgpt.com 21 https://berkeleyca.gov/sites/default/files/documents/2025-03- 11%20Item%2016%20%20First%20Year%20Free%20-%20Fill%20Empty%20Storefronts%20Act.pdf?ut m_source=chatgpt.com
22 https://berkeleyrelieffund.org/
23 https://www.dailycal.org/archives/city-of-berkeley-announces-loan-fund-to-support-small- businesses/article_d3dc322c-9aa7-5f74-b030-
cd56920ef263.html#:~:text=To%20prevent%20Berkeley's%20entrepreneurial%20landscape,default%20r ate%20of%20about%2020%25.
24https://www.cambridgema.gov/~/media/Files/CDD/EconDev/retailstrategy/cambridgevacancystorefrontr eport_6302018.pdf
25 https://www.saratoga.ca.us/689/Vacant-Storefront-Regulations 26 https://www.cityofevanston.org/government/departments/community-development/vacant-buildings

7 businesses. These policies typically require property owners to upkeep vacant storefronts and implement temporary activations after a defined vacancy period.27 How Other Cities Addressed Similar Challenges
Cambridge, Massachusetts – Vacant Storefront Policy (2025)28  Requires property owners to register vacant storefronts, submit activation plans, and post leasing contact information after 60 days of vacancy;  Encourages temporary activations such as art installations, community displays, and non-commercial exhibits that contribute to street vibrancy;  Cambridge’s approach illustrates how structured registration and activation requirements can enhance transparency and encourage owner responsiveness while maintaining flexibility for artistic and community-based activations Saratoga, California – Vacant Storefront Regulations (2024)29  Requires property owners to install window displays or visual activations within 30 days of a property becoming vacant;
 Acceptable activations include artwork, community-themed window paintings, or simulated business displays;
 City outreach materials provide templates and examples for compliance, ensuring the program remains accessible for small landlords;  Observed outcomes: Reduction in visible blight, faster re-tenanting, and simplified maintenance standards for property owners;
 Saratoga’s clear activation timeline and flexible display options offer a practical compliance model for Berkeley’s diverse commercial corridors.

Evanston, Illinois – Vacant Building Registration Ordinance30  Requires registration of all vacant buildings, including commercial properties, with detailed information on ownership and maintenance plans;  Obligates owners to conduct regular safety inspections and document marketing or rehabilitation efforts;
 Limits the duration of window boarding and façade neglect, framing vacancy as a public nuisance issue;
27 https://rpa.org/work/reports/vacant-storefront-toolkit?utm_source=chatgpt.com#temporary-window- activations-to-camouflage-vacancy
28 https://www.cambridgema.gov/-
/media/Files/CDD/EconDev/vacantstorefront/cityofcambridgevacantstorefrontpolicy2025_signed.pdf 29 https://mcclibraryfunctions.azurewebsites.us/api/ordinanceDownload/16616/1363290/pdf 30 https://library.municode.com/il/evanston/codes/code_of_ordinances?nodeId=TIT4BURE_CH16VABU

8  Improved data collection and communication between city staff and property owners have led to proactive code enforcement outcomes;  Evanston’s data-driven registration model can strengthen Berkeley’s vacancy tracking and accountability, particularly if integrated with its permitting systems.

Opportunities for Berkeley to revitalize commercial districts  Visual activations: art installations, murals, green walls, living plant displays, flower arrangements, and artistic window films.
 Seasonal or event-based activations: installations tied to holidays, festivals, or city events to keep streetscapes dynamic
 Temporary adaptive uses: coworking spaces, mini-galleries, pop-up libraries, or community meeting spaces in long-term vacant units.
 Community partnerships: collaborations with local artists, youth organizations, nonprofits, schools, or cultural institutions to design, install, and maintain displays  Pop-up retail or temporary community uses: coordinated through the City’s Office of Economic Development, including local maker displays, cultural programming, or rotating food/coffee stands.
 Clear signage standards: “For Lease” and “Coming Soon” signs compliant with Berkeley Municipal Code (BMC) 20.12.31
 Technology-enabled engagement: QR codes or digital displays linking pedestrians to leasing info, virtual tours, or community programming.  Flexible design guidelines: simple, low-cost activation templates that allow creativity but maintain safety, accessibility, and sightlines for pedestrians  Financial support: fee waivers, small grants, or tax incentives for community- based activations or façade improvements
 Transparency measures: public database of registered vacant storefronts, including vacancy duration, owner contact info, and activation plans  Zoning changes: allowing live-work uses in lieu of ground-floor commercial retail in certain corridors and/or side streets or provide additional flexibility to subdivide larger vacant storefront properties to better respond to market conditions
The City can provide guidelines for installation and design ideas.

Measures should be developed to ensure that materials used to mitigate the negative impacts of vacant storefronts, including window film or other screening materials, are kept in good condition and free of rips, tears, bubbling, peeling, staining, or fading. 31 https://berkeley.municipal.codes/BMC/20.12.010

9 These measures should also require that any material that becomes worn or visibly deteriorated be replaced in a timely manner to maintain a professional and well-kept appearance consistent with surrounding commercial storefronts.

To encourage participation, the City may offer (1) fee waivers or reductions for temporary activations, (2) small grants or tax incentives for community-based activations or façade improvements collaborations, and (3) technical or design assistance through the Office of Economic Development.

ALTERNATIVE ACTIONS CONSIDERED
While this policy is contemplated for commercial districts, the City Manager could also consider implementing it in certain Mixed-Use districts with a high number of commercial storefronts.

Vacant to Vibrant32 strategies, such as those being explored and/or deployed in San Francisco,33 could be included within this legislation and also developed as a standalone set of recommendations and implementation projects.

If the adoption of a vibrant storefront policy does not prove successful in reducing vacancies and blight in our commercial districts, the City Council may consider developing a commercial vacancy tax (CVT) to be placed on ballot for a future election.

CVTs are designed to address the negative impacts of prolonged storefront vacancies by applying a tax when a commercial property remains unoccupied beyond a defined threshold (commonly 182 days per year). The primary intent is to incentivize the activation of unused commercial space, either through realistic leasing strategies or interim uses such as pop-ups, community-serving activities, or temporary tenancies.

Peer city models of Commercial Vacancy Taxes
 San Francisco (Proposition D, 2020):34
A tax on ground-floor commercial spaces vacant for more than 182 days in named corridors. Rates escalate from $250 to $1,000 per linear foot of frontage, depending on consecutive years vacant. Revenue funds small-business support. 32 From Vacant to Vibrant: Transforming Empty Downtown Storefronts, https://mrsc.org/stay- informed/mrsc-insight/june-2025/vacant-to-vibrant
33 https://www.vibrantsf.org/
34https://ballotpedia.org/San_Francisco,_California,_Proposition_D,_Vacant_Property_Tax_(March_2020)

10 Reported results show corridor vacancy reductions: North Beach fell from ~10% to ~5% and Haight-Ashbury dropped from 32 of 150 storefronts closed at peak to under 14 today.
 Oakland (Measure W, 2018):35 36
This measure established a parcel tax of $3,000–$6,000 per year for both vacant residential properties and ground-floor commercial spaces. It generally applies to commercial businesses whose permitted use is fewer than 50 days in use per year (i.e., >315 days vacant), with some exceptions.
 Washington, DC:37
This jurisdiction classifies vacant and blighted properties into higher tax classes.

Vacant property (Class 3) is taxed at 5 dollars per 100 dollars of assessed value; blighted (Class 4) at 10 dollars per 100 dollars, a structure designed to create strong activation incentives.38
Other jurisdictions’ experience indicates that a vacancy tax, when paired with a package of other items that support commercial activation,39 can encourage more realistic pricing, shorter downtimes, and interim community-serving uses.40 At the same time, implementation must emphasize accurate definitions, robust exemptions, and enforcement to avoid penalizing owners facing legitimate leasing challenges.

COMMUNITY IMPACT
This policy directly supports Berkeley’s goals of maintaining vibrant, safe, and inclusive commercial areas. Vacant storefronts can contribute to perceptions of neglect, discourage investment, and undermine the cultural and economic vitality of the city.

By introducing visual activation and requiring basic maintenance standards, the policy encourages collaboration with local artists, youth programs, and community organizations to transform empty spaces into creative, inviting displays. These measures will enhance the pedestrian experience, support local culture, and reinforce the City’s commitment to equitable and sustainable urban life. 35 https://www.oaklandca.gov/Business/For-Landlords/Vacant-Property-Tax-VPT 36 https://cao-94612.s3.amazonaws.com/documents/Measure-W-City-of-Oakland.pdf 37 https://www.hklaw.com/en/insights/publications/2024/11/dc-council-legislation-seeks-to-address- ongoing-vacant-and-blighted
38https://dob.dc.gov/vacantbuildings
39 A separate package of commercial district revitalization reforms is being contemplated as a separate item authored by Councilmember Tregub.
40 https://abc7news.com/post/remember-vacant-storefront-tax-san-francisco-heres-how-going/16588700/

11 CONSULTATIONS CONDUCTED
This report was prepared in close consultation with the City Manager’s Office, the Office of Economic Development, the Department of Planning and Zoning, and the City Attorney’s Office. The Downtown Berkeley Association, Berkeley Chamber, Telegraph Business Improvement District, individual business owners, Downtown Berkeley constituents, and other stakeholders were also consulted, and their feedback has been incorporated as appropriate.

This item is presented as a referral to allow for continued coordination among City departments and with community and business stakeholders. A summary of topics discussed is below.

Discussions included the applicability of the ordinance to all ground floor and street facing commercial spaces in commercial and/or certain mixed-use zoning districts that are unoccupied for any duration of time, with property owners required to implement and maintain compliance measures immediately upon vacancy. Stakeholders and staff reviewed two activation pathways, allowing for either transparent storefronts with visible art, cultural, educational, or pop-up displays, or professionally installed interior screening treatments such as green walls, illustrated window films, or other durable materials, maintained in good condition with appropriate dusk to dawn lighting where feasible.

Discussion topics also included pathways for the city to collaborate with local artists, youth organizations, nonprofits, schools, and cultural institutions to design, install, and maintain activation displays. General standards requiring the removal of outdated signage, allowance for permitted real estate signage, and ongoing maintenance to keep storefronts and adjacent public areas clean and free of debris.

Enforcement provisions discussed included each day of noncompliance constituting a separate violation, cumulative penalties, and a clear appeals process for property owners. The effective date of 90 days after adoption, with compliance expected at the point of vacancy, was also discussed.

Discussion with staff and various stakeholders yielded strong interest in enabling temporary activations, including pop up retail, cultural programming, and other short- term community uses, as part of the City’s efforts to activate vacant storefronts and support neighborhood vitality. While the Municipal Code already includes provisions for temporary uses, there is an opportunity to create clearer, more efficient pathways for permitting and implementing these activations. This may include Pop Up Retail or

12 Temporary Community Uses,41 such as local maker displays, cultural programming, or rotating food and beverage stands. Temporary adaptive uses like coworking areas, mini galleries, pop up libraries, or small community meeting spaces in long term vacant storefronts can offer flexible and productive short-term use of space.

Seasonal or Event-Based Activations connected to holidays, festivals, or city-sponsored events, along with visual demonstrations of future tenancy such as signage that states “Future Home of (Business Name)” or “(Business Name) Coming Soon,” can help maintain an inviting street presence. Allowing participatory art installations, maker pop- ups, small coworking or gallery spaces, seasonal displays, and technology enabled engagement such as QR-linked virtual tours of the vacant space or leasing information can foster economic activity, support local entrepreneurs, and strengthen a sense of community presence in commercial districts.

To ease implementation, pop-up activations of 90 days or less may be administratively approved, with the possibility of limited extensions when appropriate. These activations can be designed to meet basic life safety and accessibility standards, remain time- limited, and return the storefront to a clean and orderly condition at the end of the activation period, while contributing to a more welcoming and continuously active streetscape.

Incorporating live-work spaces into commercial corridors can support small business owners, artists, and entrepreneurs by allowing them to combine living and working in one place, thereby reducing their overhead costs, and providing a key neighborhood stabilization tool. These spaces can help keep creative and community-oriented businesses in Berkeley, encourage local economic activity, and contribute to a sense of neighborhood presence and care. By enabling residents to be co-located with their place of business, live-work spaces also promote walkability, reduce reliance on cars, and strengthen the social fabric of commercial districts.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Maintaining active and visually engaging storefronts promotes walkable, transit-oriented neighborhoods and reduces vehicle dependency. Preventing long-term vacancies helps limit waste associated with property deterioration and aligns with Berkeley’s Climate Action Plan goals by encouraging adaptive reuse and sustainable urban density. 41 Chapter 23.302, Supplemental Use Regulations, https://berkeley.municipal.codes/BMC/23_Div3; Chapter 23.204, Commercial Districts, https://berkeley.municipal.codes/BMC/23.204.030

13 CONTACT PERSON
Councilmember Igor Tregub, Council District 4
(510) 981-7140
[email protected]
Olga Bolotina, Chief of Staff, Council District 4
[email protected]
Shamaila Ahmed, Legislative Aide, Council District 4
[email protected]
Amy Johnson, Legislative Aide, Council District 4
[email protected]

CONSENT CALENDAR
December 2, 2025
Shoshana O’Keefe
Councilmember, District 5
To: Honorable Mayor and Members of the City Council
From: Councilmember Shoshana O’Keefe
Submitted by: Henry Bankhead, Acting Director of Library Services, Acting as Secretary, Board of Library Trustees
Subject: Annual Report on Gifts Received

RECOMMENDATION
Accept the Library’s annual reporting to the City Council of gifts received in FY 2025 as mandated by CC Resolution No. 65,444-N.S.

SUMMARY
The Board of Library Trustees accepts gifts throughout the fiscal year; for the period from July 1, 2024 through June 30, 2025 the following gifts equal to or in excess of $1,000 aggregate by donor were received and accepted into Library Fund accounts and will be reported to the City Council: The Friends of the Berkeley Public Library for $174,999, and the Berkeley Public Library Foundation for $34,397.53.

Donor Value Fund Notes
Friends of BPL $174,999.00 104 Library programs and materials support
BPL Foundation $34,397.53 105 Library Grants and Projects Donor funds are kept separate and apart from other funds and are managed as part of the regular budget management process per the Library’s Gift / Donation Policy A.R. Number 10.11.

BACKGROUND
The Council has delegated the responsibility of acceptance and appropriation of Library gift funds to the Board of Library Trustees, such that the Library will be better able to honor the intent and wishes of the grantor/donor and fulfill identified community needs in a timely manner.

The Council’s delegation of authority to the Board of Library Trustees ensures that public noticing of gifts occurs on a regular basis and annual reporting ensures that the Council remains well-informed regarding gifts to the Library.

On September 20, 2011 the Council approved Resolution No. 65,444-N.S., “Mandating annual reporting from the Board of Library Trustees of gifts in excess of $1,000 in aggregate in an informational report to be presented before the Council on a regular meeting agenda.” Information relevant to the report was prepared by staff for Board of Library Trustee consideration and approved for communication to the City Council. The submitted report will fulfill the ordinance’s obligation covering the period from July 1, 2024 through June 30, 2025.

RATIONALE FOR RECOMMENDATION
The approval of this recommendation will satisfy the intent of the Council Resolution regarding acceptance of gift funds. In addition, the Board of Library Trustees has reviewed and recommends the report for acceptance. This action will have no negative implications and honors the original intent of the donor parties.

FISCAL IMPACTS
None.

CONTACT
Henry Bankhead, Acting Director, Library Services, 981-6195

ATTACHMENTS

1. Resolution

RESOLUTION NO.: ##,### N.S.

ANNUAL REPORT TO COUNCIL FROM THE BOARD OF LIBRARY TRUSTEES ON GIFTS RECEIVED AS MANDATED BY CC RESOLUTION NO. 65,444-N.S.

WHEREAS, the Berkeley Public Library regularly receives gifts from two support organizations, the Berkeley Public Library Foundation and the Friends of the Berkeley Public Library, as well as many individuals and groups; and
WHEREAS, the Open Government Ordinance, pursuant to section 2.06.150, stipulates that, “Contributions to the City or any of its functionaries or Legislative Bodies, for the purpose of carrying out or assisting any City function, shall be disclosed and approved on the Agenda of a regular Meeting of the City Council”; and
WHEREAS, the City Council at a regular meeting on September 20, 2011 approved on the consent calendar Resolution No. 65,444-N.S., which delegated to the Library Board of Trustees the authority to accept any gifts of funds, goods, or services made to the Library up to $200,000 that do not include unduly restrictive conditions on their use, and all gifts from the Library Foundation constituting payments toward the Foundation’s Branch Library FF&E Campaign and included a requirement that the Board of Library Trustees report to Council annually gifts in excess of $1,000 in aggregate; and
WHEREAS, the submitted covers the period from July 1, 2025 through June 30, 2025, corresponding with the fiscal year calendar; and
WHEREAS, gifts to the Library subject to reporting to the City Council during this period are: the Friends of the Berkeley Public Library for $174,999, and the Berkeley Public Library Foundation for $34,397.53; and
WHERAS, on November 5, at a regular meeting of the Board, by Resolution 25-046 the board voted to approve the annual gift report to Council as presented.

NOW THEREFORE, BE IT RESOLVED that the Council of the City of Berkeley hereby accepts the annual report of gifts in excess of $1,000 in aggregate from the Board of Library Trustees.

BE IT FURTHER RESOLVED that the following gifts to the Library are hereby approved:

1. The Friends of the Berkeley Public Library for $174,999; and

2. The Berkeley Public Library Foundation for $34,397.53

CONSENT CALENDAR
December 2, 2025
Shoshana O’Keefe
Councilmember, District 5
To: Honorable Mayor and Members of the City Council
From: Councilmember Shoshana O’Keefe
Submitted by: Henry Bankhead, Acting Director of Library Services, Acting as Secretary, Board of Library Trustees
Subject: Board of Library Trustees Reappointment: Beverly Greene

RECOMMENDATION
Adopt a Resolution Approving the Reappointment of Beverly Greene to the Board of Library Trustees (“BOLT”) for a second term of four years commencing December 3, 2025.

SUMMARY
Trustee Greene’s first term ended on August 30, 2025 and she is eligible for a second term that would end on December 3, 2029. Trustee Greene is currently a member in good standing.

BACKGROUND
The Board of Library Trustees consists of five members appointed by the City Council upon recommendation of the Board of Library Trustees. Board members are appointed for terms of four years, serve without compensation, and must be Berkeley residents. Trustee Greene is currently serving as a result of her appointment to the board by City Council resolution 69,987- N.S. on July 27, 2017 to complete her first term of office which ended on August 30, 2025. The practice of the board has been to support trustees expressing an interest in serving a second term of office by putting forward a recommendation to the City Council in advance of the term's expiration to ensure continuity and a full complement of board members in order to conduct business. At its November 5, 2025 regular meeting, the board adopted Resolution No.: 25-048 to appoint Beverly Greene to a second term: M/S/C (Roth/O’Keefe); Ayes – Trustees Ami, O’Keefe and Roth. Noes: None; Abstentions: None: Absent: Trustee Villanueva.

FISCAL IMPACTS
None.

CONTACT
Henry Bankhead, Acting Director, Library Services, 981-6195

ATTACHMENTS

1. Resolution

RESOLUTION NO. ##,###‑N.S.

RE-APPOINTMENT OF BEVERLY GREENE AS A MEMBER OF

THE LIBRARY BOARD OF TRUSTEES

WHEREAS, membership of the Board of Library Trustees is composed of five appointments by the City Council, including one appointment of a current council member;

WHEREAS, Beverly Greene was appointed to a first term as a ‘Trustee” on August 31, 2021, which ended on August 30, 2025; and

WHEREAS, at its November 5, 2025 meeting, the Board of Library Trustees recommended that Beverly Greene be reappointed to a second term on the Library Board by Resolution # 25-048; and

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that Beverly Greene be reappointed to the Board of Library trustees for a second term beginning December 3, 2025 and ending December 5, 2029.

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

CONSENT CALENDAR
December 2, 2025
To: Honorable Mayor and Members of the City Council
From: Councilmember Blackaby (Author), Councilmember Tregub (Co-sponsor), Councilmember Kesarwani, (Co-spon
sor), Councilmember Taplin (Co-
sponsor)
Subject: Notifying Residents of Upcoming Public Works Projects in their Neighborhoods

RECOMMENDATION
Referral to the City Manager to develop a proactive communication system to alert the community of upco
ming infrastructure projects from Public Works, EBMUD, PG&E, and other large housing or commercial development projects.

FINANCIAL IMPLICATIONS
Staff time

CURRENT SITUATION AND ITS EFFECTS
Providing the community with an easily accessible location to find accurate and timely information about Public
Works projects, such as street paving, sewer rehabilitation, road closures, parking restrictions, and more, advances our goal to be a customer- focused organization, one of our Strategic Plan Priorities.

Currently, the city’s “
Traffic Advisories” webpage lists many, but not all Public Works related projects with significant impact on community members. Revisiting the webpage— from title to internal posting guidel
ines— would improve accuracy and
accessibility, while expanding its content to more large projects – including private development projects that may have an impact on vehicle, bicycle, or pedestrian traffic.

Beyond updating the website, developing timely outbound communications protocols via

email, direct mail, text messaging, and outreach to respective City Council offices is also desirable – so residents are notified proactively, and can then visit the city website for more information.

Voters passed Measure FF: Sidewalk and Street Repairs Parcel Tax, with 60% approval in November 2024. Consequently, the number of street and sidewalk repair projects will be increasing in the years ahead. Keeping the community updated about

the planned work and prepared for the inconveniences that come with improving infrastructure, will help residents’ lives, and the projects, go more smoothly.

Notifying Residents of Upcoming Public Works Projects in their Neighborhoods CONSENT CALENDAR December 2, 2025

BACKGROUND
The City of Berkeley conducts nearly year-round infrastructure upgrades to keep the city running well. While
no one likes traffic delays, utility outages or restricted parking, community members comply with greater ease when they understand the reasoning, scope and timeline.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
No direct environmental impact

CONTACT PERSON
Councilmember Brent Blackaby Council District 6 510-981-7160

2180 Milvia Street, Berkeley, CA 94704 ● (510) 981-7170 ● [email protected]

CONSENT CALENDAR
December 2, 2025

To: Honorable Members of the City Council

From: Councilmember Lunaparra (author), Mayor Ishii (co-sponsor), Councilmember Tregub (co-sponsor), Councilmember
O’Keefe (co-sponsor)
Subject: Berkeley Symphony Orchestra Winter Promenade:

Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds

RECOMMENDATION
Adopt a Resolution approving the expenditure of an amount not to exceed $500 per Councilmember, including $500 from Councilmember Lunaparra’s discretionary fund and funds from any other Councilmembers who would like to contribute to the Berkeley Symphony Orchestra (BSO) for their 2025 Winter Promenade fundraising event with funds relinquished to the City’s general fund for this purpose.

BACKGROUND
The Berkeley Symphony Orchestra (BSO) will host its Winter Promenade fundraising event1 on December 4, 2025, at Berkeley City Club, located in District 7. This event is the Symphony’s major annual fundraising opportunity in 2025-26, helping to ensure continued community access to live, high-quality orchestral music that engages curiosity, imagination, and intellect.

Founded in 1971 by Thomas Rarick, Berkeley Symphony has earned a national reputation for artistic innovation, community connection, and educational impact. Known for adventurous programming, the Symphony presents major new works alongside fresh interpretations of classical repertoire, often collaborating with local artists and organizations to create performances that reflect the spirit and diversity of Berkeley.

Through culturally relevant programming and creative partnerships, the orchestra brings together cross-sections of the community, expanding the traditional concert experience and redefining the role of a community-based symphony.

Each year, Berkeley Symphony presents a four-concert symphonic series and a four- concert chamber series in Berkeley and Piedmont, reaching an audience of approximately 2,600 people across the Bay Area. The Symphony employs over 200 musicians and teaching artists, providing stable, meaningful work for local arts professionals. Its programs blend symphonic music with dance, multimedia, and other art forms, creating accessible and engaging concert experiences that celebrate both innovation and tradition.

Beyond the concert hall, Berkeley Symphony extends its reach through free community performances at civic events such as Solano Stroll and the Front Row Festival.

Partnerships with the Downtown Berkeley Association, Berkeley Public Library, and the 1 berkeleysymphony.org/event/winterpromenade

2180 Milvia Street, Berkeley, CA 94704 ● (510) 981-7170 ● [email protected] Berkeley Art Museum and Pacific Film Archive allow the Symphony to offer inclusive programming for audiences of all ages, strengthening Berkeley’s identity as a city that values creativity, collaboration, and public access to the arts.

Education is a cornerstone of Berkeley Symphony’s mission. Its award-winning Music in the Schools program, founded in 1993 with the Berkeley Unified School District, serves more than 4,000 students annually through over 150 free engagements, including classroom visits, “Meet the Symphony” concerts, and “I’m a Performer!” side-by-side performance opportunities. Through initiatives such as Elevate, which offers targeted engagement for students of color, and Students at the Symphony, which gives free or discounted concert tickets to K–12 students and their families, Berkeley Symphony is proud to offer multiple pathways for lifelong musical enrichment.

CURRENT SITUATION AND ITS EFFECTS
Berkeley Symphony has long been a cultural anchor for the city — a source of artistic excellence, education, and community connection. Yet, like many performing arts organizations nationwide, the Symphony now faces severe financial pressures that threaten its ability to continue serving the community at its current level.

In recent years, rising production costs, declining funding, and ongoing post-pandemic challenges have created a structural deficit of approximately $500,000 annually.

Temporary relief funds and extraordinary gifts have helped the Symphony sustain operations, but those one-time funds have run their course. Without new investment and community partnerships, Berkeley Symphony may be forced to reduce or suspend programs that have served residents for decades — from free community concerts to its award-winning Music in the Schools program.

The Winter Promenade is central to sustaining these efforts. As the Symphony’s primary fundraising event for the 2025–26 season, it generates critical revenue that supports concerts, music education, and community engagement initiatives. Support from the City Council would not only help cover rising costs but also reaffirm the city’s commitment to the arts, ensuring that Berkeley Symphony can continue to inspire, educate, and bring joy to residents for generations to come.

FINANCIAL IMPLICATIONS
No General Fund impact. $500 is available from the Councilmember’s office budget discretionary account.

ENVIRONMENTAL SUSTAINABILITY
No environmental impacts.

ATTACHMENTS

1. Resolution

CONTACT PERSON
Councilmember Cecilia Lunaparra, 510-981-7170
Jonah Gottlieb, Chief of Staff

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

SUPPORT FOR THE BERKELEY SYMPHONY ORCHESTRA’S 2025 WINTER

PROMENADE
WHEREAS, the Berkeley Symphony Orchestra (BSO), a registered 501c(3) organization, has earned a national reputation for artistic innovation, community connection, and educational impact; and
WHEREAS, the Winter Promenade, hosted by BSO on December 4th, 2025, is the Symphony’s major annual fundraising opportunity in 2025-26, helping to ensure continued community access to live, high-quality orchestral music that engages curiosity, imagination, and intellect; and
WHEREAS, rising production costs, declining funding, and ongoing post-pandemic challenges have created a structural deficit of approximately $500,000 annually, which may force them to reduce or suspend programs that have served residents for decades — from free community concerts to its award-winning Music in the Schools program; and
WHEREAS, Councilmember Lunaparra has surplus funds in her office expenditure account.

NOW THEREFORE, BE IT RESOLVED by the Berkeley City Council that up to $500 relinquished by Councilmembers – including $500 from Councilmember Lunaparra – shall be granted to the Berkeley Symphony Orchestra (BSO) for their 2025 Winter Promenade.

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

PUBLIC HEARING
December 2, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Eleanor Hollander, Economic Development Manager Subject: Renewal of the Elmwood Avenue BID for Calendar Year 2026

RECOMMENDATION
Conduct a public hearing and, upon conclusion, adopt a Resolution confirming the Annual Report and Budget for the Elmwood Business Improvement District (hereafter, “the District”, “the Elmwood BID” or “the BID”) for 2025-26 and, if no majority protest exists, levy annual assessments in the District for calendar year 2026 to finance services and improvements and authorize a fiscal agency contract with Elmwood Business Association for receipt and expenditure of District funds.

FISCAL IMPACTS OF RECOMMENDATION
Projected BID revenue of approximately $30,000 will be deposited into the Elmwood BID Fund and expensed from budget code 782-21-208-251-0000-000-446-636110. The BID constitutes an independent funding source that must be targeted to commercial revitalization efforts that are recommended by the Advisory Board. The City of Berkeley operates a parking lot within the district and will thus be assessed $2,000, paid through the Off-Street Parking Fund (Fund 627 or 835-4942-410-4046). To the extent that the work of the Elmwood BID enhances the development of the Elmwood and its business climate over the long term, the BID contributes towards improving City revenues through increased sales and property taxes.

CURRENT SITUATION AND ITS EFFECTS
Under the State of California Parking and Business Improvement Area law of 1989 (California Streets and Highways Code Section 36500 et. seq.) that authorized the establishment of the Elmwood BID, the City Council must hold a public hearing before levying assessments for 2026. The renewal process was initiated on October 28, 2025, when Council approved by Resolution No. 72,011-N.S. (Attachment 1, Exhibit A) the Annual report and budget for 2025-26 and set the public hearing date for December 2, 2025. The City Clerk noticed businesses in the Elmwood BID area by publishing Resolution No. 72,011-N.S. in a newspaper of general circulation. If no majority protest is received at the public hearing, at its conclusion the City Council may confirm the Annual report and budget for 2026 and levy assessments.

Renewal of the Elmwood Avenue BID for Calendar Year 2026 PUBLIC HEARING December 2, 2025

BACKGROUND
The Elmwood BID was established in November 2013 to provide the Elmwood Business Association with a sustainable, predictable source of funding for its activities to promote, maintain and beautify the Elmwood commercial district. The BID boundary was expanded in January 2024 to include areas along College Avenue to the southern border of Berkeley. The Elmwood Business Association has used the funds raised through the BID to implement a variety of activities such as marketing, place-based branding, events, and capital improvements.

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

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

ALTERNATIVE ACTIONS CONSIDERED
The Advisory Board has considered many alternatives for expenditure of its limited revenues and has decided upon the activities described in the Annual Report as the priorities for 2026.

CONTACT PERSON
Vincent McCoy, Office of Economic Development, 510-981-2490 1: Resolution
Exhibit A: Resolution No. 72,011-N.S., with incorporated Annual Report, map of the District and Assessment table
2: Public Hearing Notice

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

CONFIRMING THE ANNUAL REPORT FOR THE ELMWOOD BUSINESS

IMPROVEMENT DISTRICT (BID), LEVYING AN ANNUAL ASSESSMENT FOR THE ELMWOOD BID FOR 2026, AND AUTHORIZING A CONTRACT OR CONTRACT

AMENDMENTS WITH ELMWOOD BUSINESS ASSOCIATION TO SERVE AS FISCAL

AGENT FOR RECEIPT AND EXPENDITURE OF ELMWOOD BID FUNDS
WHEREAS, the Elmwood Business Improvement District (BID) Advisory Board recommended an Annual Report to the Berkeley City Council that outlined the activities of the District proposed for the year 2026, including a budget for said activities, as required by California Streets and Highways Code Section 36533 and Berkeley Municipal Code Section 7.97.080; and
WHEREAS, on October 28, 2025, the City Council by Resolution No. 72,011-N.S. (attached as Exhibit A) approved the Annual Report and proposed budget of the Elmwood BID for 2025-26 and declared its intent to levy an assessment in the District to finance the proposed activities for the calendar year 2026; and WHEREAS, Resolution No. 72,011-N.S. also scheduled a public hearing for December 2, 2025, to consider levying said assessment and gave notice that interested parties could attend and be heard on the issue, for and against; and
WHEREAS, the City Clerk has notified potential assessees of the public hearing by publishing the Resolution of Intention in a newspaper of general circulation; and WHEREAS, the public hearing has now been held and there has not been protests by business owners who collectively pay 50 percent or more of the assessment proposed to be levied.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that any protests are overruled and the Annual Report of the Elmwood BID is confirmed, thereby levying an annual assessment for the Elmwood BID for calendar year 2026.

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

Exhibit A: Resolution No. 72,011-N.S., including the 2025-26 Annual Report, map of the District and Assessment Table

RESOLUTION NO. 72,011-N.S.

APPROVING THE 2025 ANNUAL REPORT AND PROPOSED BUDGET OF THE ELMWOOD BUSINESS IMPROVEMENT DISTRICT FOR 2026; DECLARING COUNCIL'S INTENTION TO LEVY AN ASSESSMENT IN THE DISTRICT FOR 2026; AND

DIRECTING THE CITY CLERK TO SCHEDULE A PUBLIC HEARING FOR DECEMBER 2, 2025 REGARDING LEVYING OF A RENEWED ASSESSMENT FOR 2026 WHEREAS, the Parking and Business Improvement Area Law of 1989 (California Streets and Highway Code section 36500 et seq.) authorizes cities to establish parking and business improvement areas for the purpose of imposing assessments on businesses for certain purposes; and
WHEREAS, on November 19, 2013 the Berkeley City Council established such an area known as the Elmwood Business Improvement District (the "District"); and WHEREAS, the City Council established an Elmwood Business Improvement District Advisory Board (Advisory Board) to act in compliance with State law to oversee the activities of the District; and
WHEREAS, the Advisory Board has submitted an Annual Report to the Berkeley City Council that outlines the activities of the District proposed for 2026 as required by the California Streets and Highways Code Section 36533; and WHEREAS, the Annual Report is clear and complete and found to comply with the interests of Elmwood BID assessees; and
WHEREAS, the annual process for levying assessments in Business Improvement Districts requires that cities adopt a Resolution of Intent that declares their intent to levy such an assessment and then set a date for a public hearing where interested parties may be heard on the issue.

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

Section 1. The City Council hereby approves the Elmwood Business Improvement District Annual Report for 2025-26 (Exhibit A) as submitted to the City Clerk by the Elmwood Business Improvement District Advisory Board.

Section 2. Pursuant to the provisions of Section 36500 et seq. of the California Streets and Highways Code (the "Act"), the City Council declares its intent to levy an annual assessment for the parking and business improvement area known as the Elmwood Business Improvement District.

Section 3. The boundaries of the District are set forth in Exhibit A1 to the 2025-26 Annual Report which is attached hereto and incorporated herein by reference.

Section 4. The improvements and activities proposed for the District are as described in the Report and budget (Exhibit A) and appended hereto.

Council intends that these funds be used for designated activities and improvements in the Elmwood commercial area. Council explicitly intends that funds generated through this BID shall not be used to pay for activities routinely paid for by the City.

Section 5. The City Council intends to levy assessments on businesses located within the boundaries of the District shown Exhibit A1 and according to the business classifications and rates set forth in Exhibit A2 which is attached hereto and incorporated herein by reference.

Section 6. A public hearing shall be held before the City Council on December 2, 2025, virtually on a publicly accessible video conference call. Following the hearing the Council will consider adoption of a resolution levying an assessment as recommended by the Elmwood Business Improvement Advisory Board. At this hearing the Council will hear all interested persons for or against the levying of such an assessment.

Formal protests against the levying of the District assessment must be made in writing.

All written and oral protests should contain the following certification: "I certify that I am the owner of the business listed below, and that the business is located or operates within the boundaries of the Elmwood Business Improvement District." Protests should also contain the following information: business name (printed), business address (printed), City Business License Tax Registration number, name of protester (printed), signature of protester, date of protest and the reason(s) the protester is against the levying of the District assessment. Protests will not be considered valid unless signed and submitted by the owner of a business located within the boundaries of the proposed District. Written protests shall be filed with the City Clerk, First Floor, City Hall, at 2180 Milvia Street, Berkeley, California, 94704, at or before 3 pm on December 2, 2025 and shall contain a description of the business sufficient to identify the business, and if the person so protesting is not listed on City records as the owner of the business, the protest shall be accompanied by written evidence that the person subscripting the protest is the owner of the business. Any protest pertaining to the regularity or sufficiency of the proceedings shall be in writing and shall clearly set forth the irregularity or defect to which the objection is made. If written protests are received from the owners of businesses in the District which will pay fifty percent (50%) or more of the assessment proposed to be levied, no further proceedings to levy the assessment shall be taken for a period of one year from the date of the finding of a majority protest by the City Council. If the majority protest is only against the furnishing of a specified type or types of improvements or activities within the District, those types of improvements or activities shall be eliminated.

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

Exhibits
A: Annual Report for the Elmwood Business Improvement District for 2025-26 A1: Map of the Elmwood BID
A2: Assessment Rates

EXHIBIT A
Annual Report for the Elmwood Business Improvement District for 2025 September 8, 2025
To: Members of the Berkeley City Council
From: The Elmwood Business Improvement District Advisory Board Re: 2026 Elmwood BID Renewal
We respectfully request that the Elmwood Business Improvement District be renewed for the 2026 fiscal year, with the same boundary as the prior year (Exhibit A1). The assessment method and basis remain the same.

The Elmwood BID was established in November 2013 to promote, maintain and beautify the Elmwood commercial district. Revenues of roughly $30,000 per year provide a regular, predictable source of funding for the Elmwood Business Association (EBA) activities, and an additional $5,000 of grant funding and fundraising is also anticipated. The Elmwood BID has allowed the EBA to expand its activities into areas such as maintenance and capital improvements.

The Elmwood Business Association is continuing to be the catalyst for Elmwood Business District’s ongoing vitality. Here are some highlights:
• Engaging the merchants in the expanded BID to envision how EBA can assist in supporting their businesses
• Successfully put on the Second Elmwood Music Festival on three stages, partnering with the Berkeley Public Library – Claremont Branch, local food truck vendors, and local craft artists, bringing together the community
• Bringing back the popular Wine Walk on September 13, 2025 • Officially installed the SmartSpace Program (employee parking program) after a successful pilot in collaboration with CoB Transportation Dept. • Participation in the AC Transit EasyPass program by the Elmwood merchants • Maintenance of year-round lighting installation on district buildings • Website: www.shoptheelmwood.com serves as one of the district’s main marketing tools – District Events, Introducing New Businesses, and ongoing marketing updates • Continued maintenance of Welcome to Elmwood banners as well as seasonal banners on light posts and ongoing maintenance
• Quarterly weeding and cleaning of Russell St. parking lot partnering with UC Berkeley • Maintenance of security camera at Russell St. parking lot • Maintaining a part-time Administrative Assistant to:
o Engage the public on social media
o Manage merchant communications
o Promote monthly specials among Elmwood Merchants
o Updating the website to keep it current

o Project manage events around Elmwood BID
 Sponsored the following events:
o Spring and Fall Outdoor Movie Nights
o Spring Elmwood Music Festival
o Where’s Waldo Events
o Summer Merchant Social to integrate merchants from the expanded BID o Fall Live Music Stroll
o Stop for Berkeley Bicycle Day participants for snacks and water o Craft Fair featuring local artists
o Fall Wine Walk
o Holiday Season Events
o Shop Local Promotions
 Members of the board are active in other Berkeley commercial and residential neighborhoods to promote harmony and cooperation
Below is a summary of our current financial position and our proposed budget for 2026 for your review.

2025-2026 Actual and Projected Expenditures
Elmwood Business Association
INCOME 2025 Budget 2026 Budget
Operating Income
BID Membership dues

$ 30,0
00 $ 33,
000
Other Revenue

$ 4,4
95 $ 5,
500
Total Operating Income

$ 34,4
95 $ 38,
500

Non-Operating Income

Fees Collected from Vendors

$ 5
00 $ 1,
000

Total Non-Operating Income

$ 5
00 $ 1,
000
Total INCOME

$ 34,
995

$ 3
9,500

EXPENSES
Advertising & Marketing
Banner Maintenance

$ 1,0
00 $ 1,
800
Building Light Maintenance

$ 2
50 $
250
Spring event production

$ 5
00 $
500
Merchant Social - Summer

$ 1,0
00 $ 1,
300
Artisan Craft Event

$ 3
00 $
300
Web Hosting and marketing

$ 1,0
00 $ 1,
000
Halloween event production

$ 6
00 $
600
Holiday season event production (incl.
tree lights)

$ 2,5
00 $ 2,
500

Music in the
Elmwood
Music Festival Expenses

$ 5,0
00 $ 7,
000
Consulting & Accounting
Square Payment System

$ 1
20 $
120
Accounting S/W (Xero)/Tax Filing

$ 2
00 $
200
Dues and
Subscriptions
Chamber of Commerce

$ 3
50 $
350
Insurance
Liability for EBA

$ 5
00 $
650
Liability for Board members

$ 8
00 $
900
License & Permits
Taxes & Licenses

$ 1
75 $
200
Other: Office Supplies/Annual Mtg.

Printing/copy

$ 1,0
00 $ 1,
200
Postage & Delivery (PO Box)

$ 2
50 $
250
Annual Mtg. Food/Beverage

$ 1,0
00 $ 1,
300
Repairs and Maintenance
Gardening (Tree wells)

$ 4
00 $
400
Professional Fees
Legal and Professional Fees

$ 1
00 $
100
Bank Fees
Wells Fargo Bank

$ 1
50 $
150
Security
Holiday Private Security

$ 9,0
00 $ 10,
000
Admin Support

Wages

$ 12,5
00 $ 12,
500

Total Operating Expenses

$ 38,6
95 $ 43,
570
Retained
Earnings $ (3,700) $ (4,070)

Exhibit A1: Elmwood Business Improvement District (BID), Map Elmwood BID Boundaries
City of Berkeley
Elmwood BID

Exhibit A2: Elmwood Business Improvement District, Assessment Rates Any business that is classified as a nonprofit (Tax Code N) for business licenses purposes, shall nevertheless pay the assessment at the rate that corresponds to its North American Standard Industrial Classification if it is engaged in the sale of products or services. Any new business established within the District shall not be required to pay an assessment on application for its business license but only on renewal at the end of the year it was initiated. (Ord. 7317-NS § 3 (part), 20 Business Classifications and Assessment Rates
Classifications Annual
Rates
Retail including jewelers & groceries but not restaurants (Tax Codes R, M and G but without NAICS 722, Food Services & Drinking Places) • Gross receipts under $350,000 $250
• Gross receipts $350,000--$999,000 $350
• Gross receipts $1,000,000 $500
Restaurants, including all businesses that prepare and
serve food at the request of customers (NAICS 722)
$500
Professionals including offices of real estate brokers (Tax Code P) • Gross receipts under $100,000 $300
• Gross receipts over $100,000 $400
Entertainment and Recreation (Tax Code E) $450
Business, Personal and Repair Services (Tax Code B)
except Hair, Nail and Skin Care Services (NAICS 81211)
$200
Hair, Nail and Skin Care Services (NAICS 81211) $200
Parking lot operators $2,000
Financial Institutions $2,500

NOTICE OF PUBLIC HEARING

BERKELEY CITY COUNCIL

RENEWAL OF THE ELMWOOD BUSINESS IMPROVEMENT DISTRICT
AND LEVYING OF ASSESSMENT FOR 2026
The Elmwood Business Improvement District (BID) Advisory Board is proposing that the Berkeley City Council confirm the Annual Report of the Elmwood BID for 2025 and levy an assessment for 2026.

The hearing will be held on December 2, 2025 at 6:00 p.m. at the SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702 and via teleconference.

A copy of the agenda material for this hearing will be available on the City’s website at www.berkeleyca.gov as of November 20, 2025.

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

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

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

Published: Resolution of Intention No. 72,011-N.S., October 28, 2025 –Berkeley Voice As required by Streets and Highways Code Section 36534. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ I hereby certify that the Notice for this Public Hearing of the Berkeley City Council was posted at the display case located near the walkway in front of 2134 Martin Luther King Jr. Way, as well as on the City’s website, on November 20, 2025.

Mark Numainville, City Clerk

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

PUBLIC HEARING
December 2, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Eleanor Hollander, Economic Development Manager Subject: Renewal of the Solano Avenue BID for Calendar Year 2026

RECOMMENDATION
Conduct a public hearing and, upon conclusion, adopt a Resolution confirming the Annual Report and Budget for the Solano Avenue Business Improvement District (hereafter, “Solano BID Advisory Board” or “the BID”) for 2025-2026 and, if no majority protest exists, levy annual assessments in the District for calendar year 2026 to finance services and improvements and authorize a fiscal agency contract for receipt and expenditure of District funds.

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

CURRENT SITUATION AND ITS EFFECTS
Under the State of California Parking and Business Improvement Area law of 1989 (California Streets and Highways Code Section 36500 et. seq.) that authorized the establishment of the Solano Avenue BID, the City Council must hold a public hearing before levying assessments for 2026. The renewal process was initiated on October 28, 2025, when Council approved by Resolution No. 72,012–N.S. (See Attachment 1, Exhibit 1A) the Annual report and budget for 2025-26 sent to it by the Advisory Board and set the public hearing date for December 2, 2025. (The Annual Report with a budget is part of Attachment 1, Exhibit A). The City Clerk noticed businesses in the Solano Avenue BID area by publishing Resolution No. 72,012–N.S. in a newspaper of general circulation. If no majority protest is received at the public hearing, at its conclusion the City Council may confirm the Annual report and budget for 2026 and levy assessments.

Renewal of the Solano Avenue BID for Calendar Year 2026 PUBLIC HEARING December 2, 2025

BACKGROUND
Since its revival in May 2012, the Solano BID Advisory Board has used Solano BID revenues to finance three programs: 1) a tree watering contract to ensure the health of 48 young street trees on Solano; 2) installing a program of 40 hanging planter baskets on light poles; and 3) sponsorship of events that attract customers to the district and improvements that enhance the pedestrian experience. In 2025, the BID program focused on sponsoring activities and improvements intended to market and promote the Solano Avenue business district. BID expenditures are made through an established fiscal agency contract with Telegraph Property and Business Management Corporation (Telegraph PBMC).

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

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

ALTERNATIVE ACTIONS CONSIDERED
No alternative actions were considered.

CONTACT PERSON
Vincent McCoy, Office of Economic Development, (510) 981-7043.

Attachments
1: Resolution
Exhibit 1A: Resolution No. 72,012–N.S. with incorporated Annual Report, Budget, District Map, and Assessment table
2: Public Hearing Notice

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

CONFIRMING THE ANNUAL REPORT AND BUDGET FOR THE SOLANO AVENUE

BUSINESS IMPROVEMENT DISTRICT (BID), LEVYING AN ANNUAL ASSESSMENT FOR THE SOLANO AVENUE BID FOR 2026, AND AUTHORIZING A CONTRACT OR

CONTRACT AMENDMENTS WITH A SUITABLE NON-PROFIT TO SERVE AS FISCAL AGENT FOR RECEIPT AND EXPENDITURE OF SOLANO AVENUE BID FUNDS.

WHEREAS, the Solano Avenue Business Improvement District (BID) Advisory Board recommended an Annual Report to the Berkeley City Council that outlined the activities of the District proposed for the year 2026, including a budget for said activities, as required by California Streets and Highways Code Section 36533 and Berkeley Municipal Code Section 7.97.080; and
WHEREAS, on October 28, 2025, the City Council by Resolution No. 72,012–N.S. (attached as Exhibit 1A) approved the Annual Report and proposed budget of the Solano Avenue BID for 2025-26 and declared its intent to levy an assessment in the District to finance the proposed activities for the calendar year 2026; and WHEREAS, Resolution No. 72,012–N.S.. also scheduled a public hearing for December 2, 2025, to consider levying said assessment and gave notice that interested parties could attend and be heard on the issue, for and against; and
WHEREAS, the City Clerk has notified potential assessees of the public hearing by publishing the Resolution of Intention in a newspaper of general circulation; and WHEREAS, the public hearing has now been held and there has not been protests by business owners who collectively pay 50 percent or more of the assessment proposed to be levied.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that protests are over-ruled and the Annual Report of the Solano Avenue BID is confirmed, thereby levying an annual assessment for the Solano Avenue BID for calendar year 2026.

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

Exhibit 1A: Resolution No. 72,012–N.S. (October 28, 2025), including the 2025-26 Annual Report and Budget, District Map, and Assessment Table

RESOLUTION NO. 72,012-N.S.

APPROVING THE ANNUAL REPORT AND PROPOSED BUDGET OF THE SOLANO AVENUE BUSINESS IMPROVEMENT DISTRICT FOR 2025-26; DECLARING COUNCIL'S INTENTION TO LEVY AN ASSESSMENT IN THE DISTRICT FOR 2026; AND

DIRECTING THE CITY CLERK TO SCHEDULE A PUBLIC HEARING FOR DECEMBER 2, 2025 TO CONSIDER LEVYING A RENEWED ASSESSMENT FOR 2026.

WHEREAS, the Parking and Business Improvement Area Law of 1989 (California Streets and Highway Code section 36500 et seq.) authorizes cities to establish parking and business improvement areas for the purpose of imposing assessments on businesses for certain purposes; and
WHEREAS, on December 9, 2003 the Berkeley City Council established such an area known as the Solano Avenue Business Improvement District (the "District"); and WHEREAS, the City Council established a Solano Avenue Business Improvement District Advisory Board (Advisory Board) to act in compliance with State law to oversee the activities of the District; and
WHEREAS, the Advisory Board has submitted an Annual Report to the Berkeley City Council that outlines the activities of the District proposed for 2026 as required by the California Streets and Highways Code Section 36533; and WHEREAS, the Annual Report is clear and complete and found to comply with the interests of Solano Avenue assessees; and
WHEREAS, the annual process for levying assessments in Business Improvement Districts requires that cities adopt a Resolution of Intent that declares their intent to levy such an assessment and then set a date for a public hearing where interested parties may be heard on the issue.

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

Section 1. The City Council hereby approves the Solano Avenue Business Improvement District Annual Report 2025 and Budget for the year 2026 (Exhibit A) as submitted to the City Clerk by the Solano Avenue Business Improvement District Advisory Board.

Section 2. Pursuant to the provisions of Section 36500 et seq. of the California Streets and Highways Code (the "Act"), the City Council declares its intent to levy an annual assessment for the parking and business improvement area known as the Solano Avenue Business Improvement District.

Exhibit 1A

Section 3. The boundaries of the District are set forth in Exhibit A1 to the 2025-26 Annual Report which is attached hereto and incorporated herein by reference.

Section 4. The improvements and activities proposed for the District are as described in the Report and budget (Exhibit A) and appended hereto.

Council intends that these funds be used for designated activities and improvements in the Solano Avenue commercial area. Council explicitly intends that funds generated through this BID shall not be used to pay for activities routinely paid for by the City.

Section 5. The City Council intends to levy assessments on businesses located within the boundaries of the District shown Exhibit A1 and according to the business classifications and rates set forth in Exhibit A2 which is attached hereto and incorporated herein by reference.

Section 6. A public hearing shall be held before the City Council on December 2, 2025.

Following the hearing the Council will consider adoption of a resolution levying an assessment as recommended by the Solano Avenue Business Improvement Advisory Board. At this hearing the Council will hear all interested persons for or against the levying of such an assessment.

Formal protests against the levying of the District assessment must be made in writing.

All written and oral protests should contain the following certification: "I certify that I am the owner of the business listed below, and that the business is located or operates within the boundaries of the Solano Avenue Business Improvement District." Protests should also contain the following information: business name (printed), business address (printed), City Business License Tax Registration number, name of protester (printed), signature of protester, date of protest and the reason(s) the protester is against the levying of the District assessment. Protests will not be considered valid unless signed and submitted by the owner of a business located within the boundaries of the proposed District. Written protests shall be filed with the City Clerk, First Floor, City Hall, at 2180 Milvia Street, Berkeley, California, 94704, at or before 3 pm on December 2, 2025 and shall contain a description of the business sufficient to identify the business, and if the person so protesting is not listed on City records as the owner of the business, the protest shall be accompanied by written evidence that the person subscripting the protest is the owner of the business. Any protest pertaining to the regularity or sufficiency of the proceedings shall be in writing and shall clearly set forth the irregularity or defect to which the objection is made. If written protests are received from the owners of businesses in the District which will pay fifty percent (50%) or more of the assessment proposed to be levied, no further proceedings to levy the assessment shall be taken for a period of one year from the date of the finding of a majority protest by the City Council. If the majority protest is only against the furnishing of a specified type or types of improvements or activities within the District, those types of improvements or activities shall be eliminated.

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

Exhibits
A: Report for the Solano Avenue Business Improvement District 2025-26 A1: Map of the Solano BID
A2: Assessment Rates

Exhibit A: Report for the Solano Avenue Business Improvement District for 2025 and Budget for 2026
Background
The first version of the Solano Business Improvement District (BID) operated from 2002-2007, with administration of the BID headed by the Solano Avenue Association (SAA). In 2012, the Council appointed the Solano BID Advisory Board to administer the Solano Avenue BID, to fund physical improvements to the street and dedicate marketing and promotion efforts towards the businesses on the portion of Solano Avenue that lies in Berkeley. This Annual report and budget updates the most recent year of operational programs of the Solano BID.

Landscape Program
In 2013, the Solano BID financed a tree watering program for young street trees along upper Solano Avenue. In 2016, per the City of Berkeley arborist, the trees were mature enough to not require additional water services. In early 2016, the board voted to enhance Solano’s landscape by installing 41 hanging planter baskets on light poles distributed throughout the district, utilizing the Downtown Berkeley Association’s (DBA) services. The DBA watered and maintained the baskets though the end of calendar year 2018. From 2019 to 2021, rainwater alone supported the baskets, and in 2022 the Solano BID entered into a contract with The Peralta Services Corporation to supplement other efforts to clean, weed, and level the tree wells through the district, and to develop an ongoing watering and maintenance system for the hanging flower baskets. Peralta's services began in July of 2022 and, per Peralta, the latest contract is renewed on a quarterly basis with regularly scheduled landscaping in tree wells, including porous pavement on a weekly basis. Additional services have been considered and further options and changes will be discussed in the context of the 2026 Work Plan.

Marketing and Promotion of Solano
Marketing and promotion of Solano Avenue constitutes a second priority of the Solano BID. The commission has engaged with Solano Avenue Association for the purpose of increased marketing to member businesses, improved online presence, and higher visibility during events, minor and major, along Solano Avenue. Since 2018, the board approved funding for a new vendor for Christmas decorations under the direction of the SAA, with BID reimbursement to the SAA, which covered more poles and provided greater decoration coordination opportunities with neighboring Albany, all at a lower cost than previous seasons. The BID used the same vendor and process last season and plans to study and perhaps change the decorations for the 2026 season. This partnership underscores the leverage the BID obtains in working with the SAA to provide support for BID priorities for the Berkeley portion of Solano Avenue. In the remainder of 2025, the Advisory Board may again decide to participate in the development of holiday campaigns and activities (e.g., supporting the SAA in producing the Stroll and the 3 Strollish Events.) This year the BID developed a website directory for the district. (www.uppersolano.com) and an advertising budget. The ads run in the Berkeley Times, Berkeleyside and Edible East Bay and direct the public to our directory.

The details of the 2026 Work Plan, to be developed over the remainder of the year include engaging with the City regarding traffic safety improvements, increased marketing of the Berkeley portion of Solano Avenue, and improvement programs to deploy merchant fees effectively and equitably.

Commissioner Recruitment
In the spirit of vibrant and effective service to the merchants of the Solano BID, the Advisory Board continues to recruit new board members. Ongoing recruitment is a focus for the remainder of 2025 and 2026. Merchant owners are often busy operating, and sometimes expanding, their businesses. The Advisory Board reminds merchants that they can assign a proxy, from inside or outside their organization, to represent them on the Board. City of Berkeley residence is not required for Board membership.

Solano BID Administration
The Solano BID has contracted with a fiscal agent, the Telegraph Property and Business Management Corporation (Telegraph PBMC), which charges a 5% fiscal agent fee on new BID revenue annually. For example, the anticipated new Solano BID revenue for 2026 is $30,000 so the fiscal agent fee is estimated to be $1,500.

FINANCIAL STATUS OF THE SOLANO BID,
AUGUST 2025
Solano BID Balance, as of 8/31/2024 $45,815
Accounts Receivable - Remaining 2024 Carryover from City of Berkeley $0 Less fall and winter payments remaining for Solano Ave Assn Contract, for 2024-25 holiday-related events -$10,000
Less payments for holiday decor installation, removal and storage, Nov ‘24 to Jan ‘25 -$5,471
Less fall and winter payments for Peralta Svcs Corp sidewalk/tree maintenance -$4,782 Allocated Expenditures -$9,248
Unallocated as of 8/31/2025 $16,314
BUDGET FOR THE SOLANO BID FOR 2026 (Calendar Year)
Estimated new revenue 2026 $30,000
Carryover from 2025 (estimated) $16,314
Estimated SAA Events Payments -$20,000
Estimated Holiday Decorations Payments -$5,471
Estimated Peralta Svcs Corp sidewalk Cleaning/tree well maintenance -$6,182 Less fiscal agent fee to Telegraph PBMC (5%) - of estimated new revenue -$1,500 Total additional available for expenditure in 2026 $13,161

RECOMMENDATIONS
The Advisory Board recommends that Council:
 Approve the 2025 Annual Report and 2026 Budget.
 Make no changes in the boundaries of the Solano Business Improvement District or in the two Benefit Zones, A & B, as shown in Exhibit A1.  Make no changes in the method and basis for merchant assessments, as shown in Exhibit A2.
 Carry over to 2026 the estimated surplus revenues from 2025, as stated in the 2026 Budget.

Exhibit A1
SOLANO
Business
Improvement
District

Exhibit A2
Berkeley Solano Avenue Business Improvement District Annual Assessment Formula Annual
Assessments
Type of Business Zone A Zone B
a. Retailers and
Restaurants
1-5 employees $200 $125
6-9 employees $300 $175
10+ employees $400 $225
b. Service
Businesses
$175 $100
c. Professional
Services
$100 $65
d. Financial
Institutions
$500 $500
SOLANO
Business
Improvement
District

NOTICE OF PUBLIC HEARING

BERKELEY CITY COUNCIL

RENEWAL OF THE SOLANO AVENUE BUSINESS IMPROVEMENT
DISTRICT AND LEVYING OF ASSESSMENT FOR 2026
The Solano Avenue Business Improvement District (BID) Advisory Board is proposing that the Berkeley City Council confirm the Annual Report of the Solano Avenue BID for 2025 and levy an assessment for 2026.

The hearing will be held on December 2, 2025 at 6:00 p.m. at the Berkeley City Council Meeting held at the BUSD SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702.

A copy of the agenda material for this hearing will be available on the City’s website at www.berkeleyca.gov as of November 20, 2025.

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

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

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

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

Published: Resolution of Intention No. 72,012–N.S., October 28, 2025 – Berkeley Voice As required by Streets and Highways Code Section 36534. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ I hereby certify that the Notice for this Public Hearing of the Berkeley City Council was posted at the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way, as well as on the City’s website, on November 20, 2025.

Mark Numainville, City Clerk

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

PUBLIC HEARING
December 2, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: David Sprague, Fire Chief
Subject: Adoption of the 2025 California Fire Code with Local Amendments – Second Reading

RECOMMENDATION
Conduct a public hearing and upon conclusion adopt the second reading of Ordinance No. 7,990-N.S.(Attachment 1) repealing and reenacting the Berkeley Fire Code, including amendments to the California Fire Code as outlined in the proposed ordinance, plus Appendix Chapters D, E, F, O and P published by the International Code Council not included in the California Building Standards Code, as Berkeley Municipal Code Chapter 19.48.

FISCAL IMPACTS OF RECOMMENDATION
The fiscal impact to the City will be approximately $15,000 for the purchase of new fire codebooks, inspection guides, inspection forms, and training. The fire department has allocated the expenditure as part of its FY 2026 budget. Neither the new State code overall, or our continuing or new local amendments are expected to create significant cost increases for homeowners, builders or developers.

CURRENT SITUATION AND ITS EFFECTS
As part of a regular three-year cycle, the California Building Standards Commission promulgated the 2025 California Fire Code. The California Fire Code as referred to in Title 24 Part 9 of the California Code of Regulations will take effect on January 1, 2026.

The Fire Code provides minimum standards for fire and life safety. The State of California amends and adopts a model fire code every three years.

To create the 2025 California Fire Code, the State of California amended and adopted a model fire code published by the International Code Council. The 2025 California Fire Code reflects the 2024 International Fire Code (“IFC”) with State amendments. Local jurisdictions must enforce the California Fire Code, as adopted by the state, 180 days after publication.

Internal
Adoption of the 2025 California Fire Code with Local Amendments – Second Reading PUBLIC HEARING December 2, 2025

BACKGROUND
The City of Berkeley has unique climatic, geological, and topographical conditions, which require local amendments to mitigate potential hazards, and to reduce loss of life caused by fires or natural disasters. To address local fire and life safety impacts, the City of Berkeley has adopted local amendments to address sprinkler system and fire alarm requirements for existing hotels, fraternities, sororities, window bars, smoke detectors, and firefighter safety and operations in high-rise construction. Without the adoption of the local amendments, the new and past amendments cannot be enforced.

At the November 10, 2025 meeting, Council adopted Resolution No. 72,023-N.S. which sets forth findings of local conditions that require more stringent regulations than those provided by the 2025 California Fire Code.

The City of Berkeley also creates and adopts by resolution a fee schedule which specifies fees associated with operational and construction permits required by the fire code, and for other general and specific fire inspection services as well as establishing billing and collection procedures and setting forth delinquency charges. At the November 10, 2025 meeting, Council adopted Resolution No. 72,024-N.S. setting forth such fees.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Unwanted fires have a significant, detrimental effect on the environment, climate, and the sustainability of our society. Unwanted fires have impacts which include air particulate, fire gas and carbon dioxide emissions and runoff of water contaminated when it is used to extinguish fires. Firefighting efforts generally use treated potable water that must be processed and transported into the City via a water utility service at some financial expense and expense to the City’s overall carbon-footprint. Fires also damage structures and other built-environment infrastructure that ultimately must be removed and replaced, further increasing the city’s carbon-footprint. The adoption of a strong fire code ultimately serves to reduce the frequency, severity and cost of fires to society, environment, and the climate.

RATIONALE FOR RECOMMENDATION
Local amendments to the California Fire Code must be adopted every three years, or the state code goes into effect without local amendments. Adoption of local amendments and findings-of-fact are needed to customize the state code to Berkeley’s particular topographic, geologic and climatic conditions.

ALTERNATIVE ACTIONS CONSIDERED
None

CONTACT PERSON
Drew Whyte, Fire Marshal, Berkeley Fire Prevention and Office of Emergency Services, (510) 981-5585
Attachments:
1: Ordinance
2: Public Hearing Notice

Ordinance No. 7,990-N.S. Page 1 of 32
ORDINANCE NO. 7,990–N.S.

REPEALING AND RE-ENACTING BERKELEY MUNICIPAL CODE CHAPTER 19.48 (BERKELEY FIRE CODE)
BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. That Berkeley Municipal Code Chapter 19.48 is hereby repealed and reenacted as to read as follows:

Chapter 19.48
BERKELEY FIRE CODE*
Sections:

19.48.010 Adoption of the California Fire Code
Article 1. Scope and Administrative Provisions

19.48.020 Adoption of Chapter 1 Scope and Administration Article 2. Definitions

19.48.030 Amendments to Chapter 2 Definitions
Article 3. Fire Service Features

19.48.040 Amendments to Chapter 5 Fire Service Features Article 4. Fire and Smoke Protection Features

19.48.050 Amendments to Chapter 7 Fire and Smoke Protection Features Article 5. Fire Protection and Life Safety Systems

19.48.060 Amendments to Chapter 9 Fire Protection and Life Safety Systems Article 6. Means of Egress

19.48.070 Amendments to Chapter 10 Means of Egress
Article 7. Construction Requirements for Existing Buildings

19.48.080 Amendments to Chapter 11 Construction Requirements for Existing Buildings
Article 8. Hazardous Materials – General Provisions

19.48.090 Amendments to Chapter 50 Hazardous Materials - General Provisions Article 9. Explosives and Fireworks

19.48.100 Amendments to Chapter 56 Explosives and Fireworks Article 10. Flammable and Combustible Liquids

19.48.110 Amendments to Chapter 57 Flammable and Combustible Liquids Article 11. Liquid Petroleum Gas

19.48.120 Amendments to Chapter 61 Liquid Petroleum Gas Article 12. Fire-Flow Requirements for Buildings

19.48.130 Amendments to Appendix B Fire-Flow Requirements for Buildings

Ordinance No. 7,990-N.S. Page 2 of 32

19.48.140 Validity
Section 19.48.010 Adoption of the California Fire Code
A. The California Fire Code, 2025 edition, as adopted in Title 24, Part 9 of the California Code of Regulations published by the International Code Council not included in the California Building Standards Code, are adopted by this reference into this Chapter, and are hereby adopted and made a part of this Chapter as though fully set forth herein, subject to the modifications thereto which are set forth in this ordinance, including:
 Chapter 1, Administration, in its entirety as amended  Chapter 2, Definitions, in its entirety as amended
 Chapter 3, General Requirements, in its entirety
 Section 503, Fire Apparatus Access Road, of Chapter 5, in its entirety  Section 504.1.1, Marking of Exterior Building Openings, additional section as amended
 Section 705.2.5, Smoke- and Heat-Activated Doors, as amended  Chapter 9, Fire Protection and Life Safety Systems, as amended  Section 1031.2, [Emergency Escape and Rescue] Where Required, as amended
 Chapter 11, Construction Requirements for Existing Buildings, as amended  Section 5001.7, Hazardous Materials Transport Restrictions, additional section as amended
 Section 5601.1.3, Fireworks, and 5604.1, General [Explosive Materials Storage and Handling], as amended
 Section 5701.4.1, Transfer of Flammable and Combustible Liquids, and 5704.2.11.1.1, Restrictions on Underground Storage Tanks, additional sections as amended
 Section 5704.2.13.1.4, Tanks Abandoned in Place, and 5704.2.14, Removal and Disposal of Tanks, as amended
 Section 6104.1.1, Restrictions on Storage of LP-Gas Containers, additional section as amended
 Appendix B, Fire-Flow Requirements for Buildings, as amended  Appendix D, Fire Apparatus Access Roads, in its entirety  Appendix E, Hazard Categories, in its entirety
 Appendix F, Hazard Ranking, in its entirety
 Appendix O, Valet Trash and Recycling Collection in Group R-2 Occupancies, in its entirety

Ordinance No. 7,990-N.S. Page 3 of 32
 Appendix P, Temporary Haunted Houses, Ghost Walks and Similar Amusement, in its entirety
One copy of this Code is on file in the office of the City Clerk of the City of Berkeley.

B. This chapter shall be known as the "Berkeley Fire Code" and shall be referred to in this chapter as "this code".

C. This Chapter will become effective on January 1, 2026.

Article 1. Scope and Administrative Provisions

19.48.020 Adoption of Chapter 1 Scope and Administration Chapter 1 of the California Fire Code is adopted in its entirety subject to the modifications thereto which are set forth below.

CHAPTER 1 – SCOPE AND ADMINISTRATION
SECTION 101 – SCOPE AND GENERAL REQUIREMENTS
101.1 Title. These regulations shall be known as the Berkeley Fire Code of [NAME OF JURISDICTION], hereinafter referred to as "this code."
SECTION 102 – APPLICABILITY
102.6 Historic buildings. The provisions of this code relating to the construction, alteration, repair, enlargement, restoration, relocation or moving of buildings or structures shall not be mandatory for existing buildings or structures identified and classified by the state or local jurisdiction as historic buildings where such buildings or structures do not constitute a distinct hazard to life or property. Fire protection in designated historic buildings shall be provided with an approved fire protection plan as required in Section 1103.1.1 in accordance with the 2025 California Historical Code.

SECTION 103 – CODE COMPLIANCE AGENCY
103.1 Creation of enforcement agency. The Berkeley Fire Department [INSERT NAME OF DEPARTMENT] is hereby created and the official in charge thereof shall be known as the Fire Chief fire code official. The function of the agency shall be the implementation, administration and enforcement of the provisions of this code. 103.2 Appointment. The Fire Chief fire code official shall be appointed by the City Manager chief appointing authority of the jurisdiction.

Ordinance No. 7,990-N.S. Page 4 of 32
103.3 Deputies. In accordance with the prescribed procedures of this jurisdiction the City of Berkeley and with the concurrence of the appointing authority, the Fire Chief, hereinafter referred to as the fire code official shall have the authority to appoint a dDeputy fFire Chief, Fire Marshal, Fire Plans Examiner and code official, other related technical officers, inspectors and other employees. Such employees shall have powers as delegated by the fire code official. For purposes of this code, the term “code official” shall also include their designees.

SECTION 104 – DUTIES AND POWERS OF THE FIRE CODE OFFICIAL 104.7 Official records. The fire code official shall keep official records as required by Sections 104.7.1 through 104.7.6. Such official records shall be retained for not less than 5 years or for as long as the building, or structure or activity to which such records relate remains in existence, unless otherwise provided by other regulations required for a longer period by the retention of public record policy of the city. 104.7.2 Inspections. The fire code official shall keep a record of each inspection made, including notices of violations issued, notices and orders issued, administrative citation warning letters issued, citations issued and appeals received showing the findings and disposition of each.
104.7.6 Fees. The fire code official shall keep a record of invoices issued, fees collected and fees refunded in accordance with Section 108.
104.9.1 Materials and equipment reuse. Materials, equipment and devices shall not be reused unless such elements are in good working order with proper reports and tests justifying the condition, labeled and graded as required and expressly approved by the fire code official.
104.12. Authority to arrest and issue citations. The Fire Chief, or their designee shall have authority to arrest or to cite any person who violates any provision of this Chapter involving the International Fire Code or the California Building Standards Code regulations relating to fire and panic safety as adopted by the State Fire Marshal, in the manner provided for the arrest or release on citation and notice to appear with respect to misdemeanors or infractions, as prescribed by Chapters 5, 5c and 5d of Title 3, Part 2 of the California Penal Code, including Section 853.6, or as the same hereafter may be amended. It is the intent of the City Council that the immunities provided in Penal Code Section 836.5 are applicable to aforementioned officers and employees exercising their arrest or citation authority within the course and scope of their employment pursuant to this Chapter. 104.13 Authority to abate fire nuisance. The Fire Chief or the Fire Chief’s designee shall have the authority to order the abatement of fire nuisances.

Ordinance No. 7,990-N.S. Page 5 of 32
SECTION 105 – PERMITS
105.3.1 Expiration. An operational permit shall remain in effect until reissued, renewed or revoked, or for such a period of time as specified in the permit. Operational permits shall expire 12 months after the date of issue. Construction permits shall automatically become invalid unless the work authorized by such permit is commenced within 180 days after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. Before such work recommences, a new permit shall be first obtained and the fee to recommence work, if any, shall be one- half the amount required for a new permit for such work, provided that changes have not been made and will not be made in the original construction documents for such work, and provided further that such suspension or abandonment has not exceeded one year.

Permits are not transferable and any change in occupancy, operation, tenancy or ownership shall require that a new permit be issued.
105.3.1.1 Expiration. On or after January 1, 2019, every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 12 months after its issuance or if the work authorized on the site by such permit is suspended or abandoned for a period of 12 months after the time the work is commenced. The building fire code official is authorized to grant, in writing, one or more extensions of time for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. (See Health and Safety Code Section 18938.5 and 18938.6.)
105.5.18 Flammable and combustible liquids. An operational permit is required:

1. To use or operate a pipeline for the transportation within facilities of flammable or combustible liquids. This requirement shall not apply to the offsite transportation in pipelines regulated by the Department of Transportation (DOT) nor does it apply to piping systems.

2. To store, handle or use Class I liquids in excess of 5 gallons (19 L) in a building or in excess of 10 gallons (37.9 L) outside of a building, except that a permit is not required for the following:

2.1 The storage or use of Class I liquids in the fuel tank of a motor vehicle, aircraft, motorboat, mobile power plant or mobile heating plant, unless such storage, in the opinion of the fire code official, would cause an unsafe condition.

2.2 The storage or use of paints, oils, varnishes or similar flammable mixtures where such liquids are stored for maintenance, painting or similar purposes for a period of not more than 30 days.

3. To store, handle or use Class II or Class IIIA liquids in excess of 25 gallons (95 L) in a building or in excess of 60 gallons (227 L) outside a building, except for fuel oil used in connection with oil-burning equipment.

4. To store, handle or use Class IIIB liquids in excess of 110 gallons in containers, or in tanks or portable tanks for fueling motor vehicles at motor fuel-dispensing facilities or where connected to fuel-burning equipment.

Ordinance No. 7,990-N.S. Page 6 of 32
Exception: Fuel oil and used motor oil used for space heating or water heating.

5. To remove Class I or II liquids from an underground storage tank used for fueling motor vehicles by any means other than the approved, stationary on-site pumps normally used for dispensing purposes.

6. To operate tank vehicles, equipment, tanks, plants, terminals, wells, fuel- dispensing stations, refineries, distilleries and similar facilities where flammable and combustible liquids are produced, processed, transported, stored, dispensed or used.

7. To place temporarily out of service (for more than 90 days) an underground, protected above-ground or above-ground flammable or combustible liquid tank.

8. To change the type of contents stored in a flammable or combustible liquid tank to a material that poses a greater hazard than that for which the tank was designed and constructed.

9. To manufacture, process, blend or refine flammable or combustible liquids.

10. To engage in the dispensing of liquid fuels into the fuel tanks of motor vehicles at commercial, industrial, governmental or manufacturing establishments in accordance with Section 5706.5.4 or to engage in on-demand mobile fueling operations in accordance with Section 5707.

11. To utilize a site for the dispensing of liquid fuels from tank vehicles into the fuel tanks of motor vehicles, marine craft and other special equipment at commercial, industrial, governmental or manufacturing establishments in accordance with Section 5706.5.4 or, where required by the fire code official, to utilize a site for on- demand mobile fueling operations in accordance with Section 5707. 105.5.60 Christmas tree sales lot. An operational permit is required to operate a Christmas tree sales lot.
105.5.61 Escort convoy service. Police and/or Fire Department convoy service is required for vehicle transportation of extremely hazardous materials.

Section 105.5.64 Fire Fighter Air Replenishment System (FARS). An annual operational permit is required to maintain a FARS system in accordance with Appendix L.

Section 105.5.62 General use permit. For any activity or operation not specifically described in this code, which the fire code official reasonably determines, may produce conditions hazardous to life or property.
105.5.63 Parking facility, special events. An operational permit is required to use buildings or structures for vehicle parking, including parking for special events (i.e. football games, etc.).
105.6.26 Window bars, operational constraints and opening control devices. A building permit is required to install window bars or other equipment which imposes operational constraints and opening controls on emergency escape and rescue openings on exterior doors or windows of any sleeping rooms in accordance with fire code Section 1031.2.1 of this code.

Ordinance No. 7,990-N.S. Page 7 of 32
SECTION 108 – FEES
108.2 Schedule of permit fees. Where a permit is required, a fee for each permit shall be paid as required, in accordance with the schedule as established by the applicable governing authority. of fees for permits and inspections as set forth by resolution of the City Council.
108.4 Work commencing before permit issuance. A person who commences any work, activity or operation regulated by this code before obtaining the necessary permits shall be subject to a fee established by the applicable governing authority, which shall be in addition to the required permit fees. as set forth by resolution of the City Council to be twice the amount of the required fees to obtain a permit for that work, activity or operation regulated by this code. This is in addition to the permit fees for the portion of the scope of work performed without the permit.
108.7. Expense of securing emergencies. The expense of securing any emergency that is within the responsibility for enforcement of the fire code official as given in Sections 104.1 or 104.10 is a charge against the person who caused the emergency. Damages and expenses incurred by any public agency having jurisdiction or any public agency assisting the agency having jurisdiction shall constitute a debt of such person and shall be collectible by the fire code official for proper distribution in the same manner as in the case of an obligation under contract expressed or implied. Expenses as stated above shall include, but not be limited to, equipment and personnel committed and any payments required by the public agency to outside business firms requested by the public agency to secure the emergency, monitor remediation, and clean up.

SECTION 109 – INSPECTIONS
109.2.3 Reinspections. To determine compliance with this code, the fire code official can cause a structure to be reinspected. A fee can be assessed for each inspection or reinspection where work for such inspection is called is not complete or where corrections called for are not made.

Reinspection fees can be assessed where the approved plans are not readily available to the inspector, for failure to provide access on the date for which inspection is requested or for deviating from plans requiring the approval of the fire code official.

To obtain a reinspection, the applicant shall pay the reinspection fee as set forth in the fee schedule adopted by the jurisdiction. Where reinspection fees have been assessed, additional inspection of the work will not be performed until the required fees have been paid.
109.2.3.1 Testing. Installations shall be tested as required in this code and in accordance with Sections 109.1.4.1 through 109.1.4.3. Tests shall be made by the permit holder or authorized agent and observed by the fire code official. 109.2.3.2 New, altered, extended or repaired installations. New installations and parts of existing installations that have been altered, extended, renovated or repaired, shall be tested as prescribed herein to disclose defects.

Ordinance No. 7,990-N.S. Page 8 of 32
109.2.3.3 Apparatus, instruments, material and labor for tests. Apparatus, instruments, material and labor required for testing an installation or part thereof shall be furnished by the permit holder or authorized agent.
109.2.3.4 Reinspection and testing. Where any work or installation does not pass an initial test or inspection, the necessary corrections shall be made so as to achieve compliance with this code. The work or installation shall then be resubmitted to the fire code official for inspection and testing.
109.2.3.5 Re-inspection fees. A re-inspection fee, as set forth by resolution of the City Council, may be assessed for each re-inspection when such portion of work for which an inspection is scheduled is not complete, is required to be reinspected after receiving a previously approved inspection for the same work or when corrections previously called for are not made.

Re-inspection fees shall not be required each time a job is disapproved for failure to comply with the requirements of this Code. This section shall be invoked for the following reasons:

1. When the work is not ready for inspection when the inspector arrives at the site.

2. When excessive scheduling of inspections for work not yet completed at the site.

3. When the approved plans, permit and inspection card are not readily available to the inspector at the work site.

4. For failure to provide access on the date for which the inspection is requested.

5. When work deviates from the approved plans and no approved revision to approved plans has been obtained by the permittee.

6. When other reasons, as determined by the fire code official, requires a re-inspection fee to be assessed.

The applicant shall pay the re-inspection fee as set forth by resolution of the City Council.

In instances where re-inspection fees have been assessed, no additional inspection of the work will be performed until the required fees have been paid.

Ordinance No. 7,990-N.S. Page 9 of 32
SECTION 112 – MEANS OF APPEALS
112.1 General Appeals Procedure. In order to hear and decide appeals of orders, decisions or determinations made by the fire code official relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals. The board of appeals shall be appointed by the applicable governing authority and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business and shall render all decisions and findings in writing to the appellant with a duplicate copy to the fire code official. The City Council shall hear and decide on appeals of orders, decisions, or determinations made by the Fire Code Official relative to the application and interpretation of this code. A property owner may appeal an order, decision, or determination of the Fire Code Official within 10 calendar days of the date of mailing of the appealable action. The notice of appeal shall contain a statement of the reasons for the appeal and be filed with the City Clerk of the City of Berkeley. The City Clerk shall forward one copy thereof to the Fire Code Official, who shall transmit to the City Council all their records pertaining to the decision being appealed.

Section 112.1.1 Payment of Fees and Fines. Prior to the deadline to appeal, the property owner must pay the appeal fee, per the adopted fee schedule, in addition to an advance deposit of the fine or file an application for an advanced deposit hardship waiver. If the hardship waiver is not granted, the fine must be deposited to the City within 14 days of mailed notice of that decision. No hearing shall be scheduled prior to receipt of payment or approval of the hardship waiver.
112.1.2 Stay of Proceedings. The filing of the notice of appeal shall stay all proceedings by all parties in connection with the matter upon which the appeal is taken until determination of the appeal as hereinafter provided, unless the fire code official determines that such a stay could result in an imminent threat to public safety. 112.2 Limitations on authority. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply or an equivalent or better form of construction is proposed. The board City Council shall not have authority to waive requirements of this code.
112.3 Qualifications. The board of appeals shall consist of members who are qualified by experience and training on matters pertaining to the provisions of this code and are not employees of the jurisdiction. Decisions. The City Council shall review the action of the fire code official and shall do any one of the following:
a. Refer the matter back to the fire code official.
b. If the facts stated in, or ascertainable from the, Notice of Appeal, the written statement of the fire code official setting forth the reason for their decision, and the other papers, if any, constituting the record do not, in the opinion of the City Council, warrant further hearing, the City Council may affirm the decision of the fire code official. Such decision shall be final.

Ordinance No. 7,990-N.S. Page 10 of 32
c. If, in the opinion of the City Council, said facts warrant further hearing, the City Council shall set the matter for hearing and shall give notice of the time and place of said hearing by mailing a copy of such notice by certified mail to the address of the appellant as stated in the Notice of Appeal, at least ten (10) days before the time fixed for the hearing. The City Council may continue the hearing from time to time.
d. Following such hearing, the City Council shall reverse, affirm wholly or partly modify any decision of the fire code official, or make any other decisions or determinations or impose such conditions as the facts warrant. Such decision or determination shall be final.
e. If none of the above actions have been taken by the City Council within thirty (30) days from the date the appeal first appears on the City Council agenda, then the decision of the fire code official shall be deemed affirmed and the appeal shall be deemed dismissed.
f. If the appeal is set for hearing but the disposition of the appeal has not been determined within ninety (90) days from the date the appeal first appears on the City Council agenda, then the decision of the fire code official shall be deemed affirmed and the appeal deemed dismissed.
112.4 Administration. The fire code official shall take action without delay in accordance with the decision of the board City Council.

SECTION 113 – VIOLATIONS
113.1 Unlawful acts. It shall be unlawful for a person, firm or corporation to erect, construct, alter, repair, remove, demolish or utilize a building, occupancy, premises or system regulated by this code, or cause same to be done, in conflict with or in violation of any of the provisions of this code, or to create, maintain or allow to continue any fire hazard.

Ordinance No. 7,990-N.S. Page 11 of 32
113.4 Violation penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, construct, alter, repair or do work for a building or structure in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be guilty of a [SPECIFY OFFENSE], punishable by a fine of not more than [AMOUNT] dollars or by imprisonment not exceeding [NUMBER OF DAYS], or both such fine and imprisonment subject to penalties as prescribed by law.

Violations of this code are misdemeanors, but may be cited or charged, at the election of the enforcing officer, code official, or City Attorney, as infractions, subject to an election by the defendant under Penal Code Subsection 17 (d). Nothing in this section shall prevent any other remedy afforded by law. Each day that a violation continues after due notice has been served shall be deemed a separate offense. In addition to all other legal remedies, civil or criminal (as set forth above), any violation of this code constitutes a public nuisance in accordance with B.M.C Chapter 1.26, and is subject to all provisions of B.M.C. Chapter 1.26, as well as abatement under B.M.C. Chapter 1.24, “Abatement of Nuisances,” with the exception of Section 112 (Means of Appeals) which supersedes these provisions. All such violations are also subject to the issuance of an administrative citation in accordance with B.M.C Chapter 1.28 at the discretion of the enforcing officer or the City Attorney.

SECTION 115 – UNSAFE STRUCTURES OR EQUIPMENT
115.4 Notice. If an unsafe condition is found, the fire code official shall serve on the owner of the structure or the, owner’s authorized agent or person in control of the building, structure or premises, a written notice that describes the condition deemed unsafe and specifies the required repairs or improvements to be made to abate the unsafe condition, or requires the unsafe structure to be demolished within a stipulated time. Such notice shall require the person, or their designee, thus notified to declare immediately to the fire code official, within a stipulated time, acceptance or rejection of the terms of the order. 115.7 Summary abatement. Where conditions exist that are deemed hazardous to life and property, the fire code official or fire department official in charge of the incident is authorized to abate summarily such hazardous conditions that are in violation of this code.

Where the owner does not comply with an abatement order under Section 115.4 within the period specified, the City of Berkeley may perform or cause to be performed the necessary work. The costs incurred shall be recoverable under the procedures in Section 115.7.1
115.7.1 Abatement process. The abatement process shall be conducted in accordance with the notice and hearing requirements of the nuisance abatement provisions of Berkeley Municipal code chapter 1.24, including summary abatements of structures or premises determined by the City of Berkeley to constitute an imminent hazard or emergency condition.

Article 2. Definitions

19.48.030 Amendments to Chapter 2 Definitions

Ordinance No. 7,990-N.S. Page 12 of 32
Chapter 2 of the California Fire Code is adopted in its entirety subject to the modifications thereto which are set forth below.

CHAPTER 2 – DEFINITIONS
SECTION 202 – GENERAL DEFINITIONS
202 BERKELEY MARINA. The area shall mean all those, parts of the City of Berkeley west of the Interstate 80 Freeway
202 FIRE HAZARD. Any thing or act which increases or could cause an increase of the hazard or menace of fire to a greater degree than that is customarily recognized as normal by persons in the public service regularly engaged in preventing, suppressing or extinguishing fire or any thing or act which could obstruct, delay, hinder or interfere with the operations of the fire department or the egress of occupants in the event of fire. Fire hazards as defined herein are hereby declared to be public nuisances subject to abatement by the City of Berkeley.
202 FIRE NUISANCE. Any thing or act, which is annoying, unpleasant, offensive or obnoxious because of fire.
202 JURISDICTION. The City of Berkeley. The governmental unit that has adopted this code.
202 WASTE OIL. A Class III-B liquid waste resulting from the use of Class III-B combustible liquids such as waste motor oil, hydraulic oil, lubricating oil, brake fluids and transmission fluids.

Article 3. Fire Service Features

19.48.040 Amendments to Chapter 5 Fire Service Features Chapter 5 of the California Fire Code is adopted in its entirety subject to the modifications thereto which are set forth below.

CHAPTER 5 – FIRE SERVICE FEATURES
SECTION 504 – ACCESS TO BUILDING OPENINGS AND ROOFS

Ordinance No. 7,990-N.S. Page 13 of 32
504.1.1 Marking of Exterior Building Openings. Where exterior doorways are not otherwise marked with identification such as building addresses, room/suite numbers or business names which identify the area(s) they provide access to, or a functional description for the space, such openings shall be provided with signs or labels indicating the areas they serve. Doorways to be marked shall include, but are not limited to, doors serving building circulation (such as stairwells/exit passageways), potential hazards (such as trash rooms), and building service and utility spaces (such as electrical, gas, HVAC and elevator machine rooms). Signs/labels shall be permanent, weather and sunlight resistant with lettering not less than ¾” high with a 1/16” width stroke on a contrasting background. Such signs or labels shall be affixed to the door frame or wall above the door. Such signs and labels shall be maintained.

Exception: Doors associated with private dwellings, the main entrance to normally occupied spaces or when determined to be unnecessary by the fire code official.

Article 4. Fire and Smoke Protection Features

19.48.050 Amendments to Chapter 7 Fire and Smoke Protection Features Chapter 7 of the California Fire Code is partially adopted with adopted sections below. (Sections adopted by the State Fire Marshal remain unless modified below.) CHAPTER 7 – FIRE AND SMOKE PROTECTION FEATURES
SECTION 705 – DOOR AND WINDOW OPENINGS
705.2.5 Smoke- and heat-activated doors. Smoke-activated doors shall be maintained to self-close or automatically close upon detection of smoke. Existing fusible-link-type automatic-door closing devices are permitted if the fusible link rating does not exceed 135°F (57°C). Doors required for fire and smoke separation for interior exit stairways and floor separation in R-1 or R-2 occupancies shall not be maintained in an open position with fusible links.

Article 5. Fire Protection and Life Safety Systems

19.48.060 Amendments to Chapter 9 Fire Protection and Life Safety Systems Chapter 9 of the California Fire Code is partially adopted with adopted sections below. (Sections adopted by the State Fire Marshal remain unless modified below.) CHAPTER 9 – FIRE PROTECTION AND LIFE SAFETY SYSTEMS
SECTION 903 – AUTOMATIC SPRINKLER SYSTEMS

Ordinance No. 7,990-N.S. Page 14 of 32
903.2.10.1 Commercial parking garages. An automatic sprinkler system shall be provided throughout buildings used for storage of commercial motor vehicles where the fire area exceeds 5,000 square feet (464 m2).
903.2.11.1 Stories without openings. An automatic sprinkler system shall be installed throughout all buildings having stories, including basements, of all buildings where the floor area exceeds 1,500 square feet (139.4 m 2) and where the story does not comply with the following criteria for exterior wall openings:

1. Openings below grade that lead directly to ground level by an exterior stairway complying with Section 1011 or an outside ramp complying with Section 1012.

Openings shall be located in each 50 linear feet (15 240 mm), or fraction thereof, of exterior wall in the story on not fewer than one side. The required openings shall be distributed such that the lineal distance between adjacent openings does not exceed 50 feet (15 240 mm).

2. Openings entirely above the adjoining ground level totaling not less than 20 square feet (1.86 m2) in each 50 linear feet (15 240 mm), or fraction thereof, of exterior wall in the story on not fewer than one side. The required openings shall be distributed such that the lineal distance between adjacent openings does not exceed 50 feet (15 240 mm) The height of the bottom of the clear opening shall not exceed 44 inches (1118 mm) measured from the floor.
903.2.11.2. Rubbish, recycling and linen chutes. An automatic sprinkler system shall be installed at the top of rubbish, recycling and linen chutes and in their terminal rooms.

Chutes shall have additional sprinkler heads installed at alternate floors and at the lowest intake. Where a rubbish chute extends through a building more than one floor below the lowest intake, the extension shall have sprinklers installed that are recessed from the drop area of the chute and protected from freezing in accordance with Section 903.3.1.1. Such sprinklers shall be installed at alternate floors, beginning with the second level below the last intake and ending with the floor above the discharge. Access to sprinklers in chutes shall be provided for servicing. Activation of any fire sprinkler in a chute shall activate a separate water flow switch to indicate waterflow in the chute. All fire sprinklers in the chute shall be controlled by a separate, electrically supervised control valve with a tamper switch.
903.2.22 Structures in the Berkeley Marina Area. An automatic sprinkler system shall be installed in all structures located in the Berkeley Marina Area in accordance with NFPA 13 standards.

Exceptions: Gear lockers not designed to permit human entry, municipal restrooms unattached to other structures, the existing City of Berkeley Harbor Master's office, and any temporary construction site structures.
903.2.23 Public Self-Storage Buildings. An automatic sprinkler system shall be installed in any building erected or existing that was converted and/or subdivided for public self- storage use on or after August 19, 1982, in accordance with NFPA 13 standards. 903.2.24 Environmental Safety - Residential District. Reserved

Ordinance No. 7,990-N.S. Page 15 of 32
903.3.1.2 NFPA 13R sprinkler systems. Automatic sprinkler systems in Group R occupancies shall be permitted to be installed throughout in accordance with NFPA 13R as amended in Chapter 80 where the Group R occupancy meets all of the following conditions:

1. Four stories or less above grade plane.

2. For other than Group R-2 occupancies, the floor level of the highest story is 30 feet (9144mm) or less above the lowest level of fire department vehicle access.

For Group R-2 occupancies, the roof assembly is less than 45 feet (13 716 mm) above the lowest level of fire department vehicle access. The height of the roof assembly shall be determined by measuring the distance from the lowest required fire vehicle access road surface adjacent to the building to the eave of the highest pitched roof, the intersection of the highest roof to the exterior wall, or the top of the highest parapet, whichever yields the greatest distance.

3. The floor level of the lowest story is 30 feet (9144mm) or less below the lowest level of fire department access.

The number or stores of Group R occupancies constructed in accordance with Sections 510.2 and 510.4 of the California Building Code shall be measured from grade plane.

Exception: Sprinkler systems in residential / commercial mix-use buildings are to be in accordance with NFPA 13.
903.3.10 Floor control valves. Floor control valves and waterflow detection assemblies shall be installed at each floor where any of the following occur:

1. Buildings where the floor level of the highest story is located more than 30 feet or more above the lowest level of fire department vehicle access.

2. Buildings that are four three or more stories in height.

3. Buildings that are two or more stories below the highest level of fire department vehicle access.

Exception: In Group R-3 and R-3.1 occupancies, floor control valves and waterflow detection assemblies shall not be required.
903.4.3 Alarms. An approved audible and visual sprinkler waterflow alarm device, located on the exterior of the building in an approved location, shall be connected to each automatic sprinkler system. Such sprinkler waterflow alarm devices shall be activated by water flow equivalent to the flow of a single sprinkler of the smallest orifice size installed in the system. Where a waterflow switch is required by Section 903.4.1 to be electrically supervised, such sprinkler waterflow alarm devices shall be powered by a fire alarm control unit or, where provided, a fire alarm system. Where a fire alarm system is provided, actuation of the automatic sprinkler system shall actuate the building fire alarm system.

Exception: Automatic sprinkler systems protecting one- and two-family dwellings.

Ordinance No. 7,990-N.S. Page 16 of 32
SECTION 907 – FIRE ALARM AND DETECTION SYSTEMS
907.1.6 Certification. New fire alarm systems shall be Nationally Recognized Testing Laboratory (NRTL) certificated or placarded for Central Station Service Alarm Systems in accordance with NFPA 72, Chapter 26, Section 26.3. The NRTL shall be acceptable to the fire code official and capable of issuing serially numbered certificates or placards. A certificate of completion and other documentation as listed in NFPA 72 shall be provided for all new fire alarm system installations and stored in the document box onsite. It is the responsibility of the building owner or owner’s representative to obtain and maintain a current and valid NRTL issued certificate or placard for the life of the installed system(s).

Exceptions:

1. Fire warning and fire alarm systems in one- and two-family dwellings.

2. Fire alarm control units in which the primary function is to monitor an automatic sprinkler system or other dedicated function fire alarm system. 907.1.7 Fire Alarm System Monitoring. Fire alarm systems shall transmit distinctly different alarm, supervisory and trouble signals and shall be monitored in accordance with NFPA 72, Chapter 26, Section 26.3, Central Station Service Alarm Systems.

Ordinance No. 7,990-N.S. Page 17 of 32
907.2 Where required—new buildings and structures. An approved fire alarm system installed in accordance with the provisions of this code and NFPA 72 shall be provided in new buildings and structures in accordance with Sections 907.2.1 through 907.2.29 and provide occupant notification in accordance with Section 907.5, unless other requirements are provided by another section of this code.

Not fewer than one manual fire alarm box shall be provided in an approved location to initiate a fire alarm signal for fire alarm systems employing automatic fire detectors or water-flow detection devices. Where an automatic and manual, or a manual fire alarm system is required by this code or Berkeley local ordinance, other sections of this code allow elimination of fire alarm boxes is prohibited. due to sprinklers or automatic fire alarm systems, a single fire alarm box shall be installed at a location approved by the enforcing agency.

Exceptions:

1. The manual fire alarm box is not required for fire alarm systems dedicated to elevator recall control and supervisory service and fire sprinkler monitoring.

2. The manual fire alarm box is not required for Group R-2 occupancies unless required by the fire code official to provide a means for fire watch personnel to initiate an alarm during a sprinkler system impairment event. Where provided, the manual fire alarm box shall not be located in an area that is open to the public.

3. The manual fire alarm box is not required to be installed when approved by the fire code official.
907.2.1 Group A. A manual fire alarm system that activates the occupant notification system in accordance with Section 907.5 shall be installed in Group A occupancies where the occupant load due to the assembly occupancy is 300 or more, or where the Group A occupant load is more than 100 persons above or below the lowest level of exit discharge.

Group A occupancies not separated from one another in accordance with Section 707.3.10 of the California Building Code shall be considered as a single occupancy for the purposes of applying this section. Portions of Group E occupancies occupied for assembly purposes with an occupant load of less than 1000 shall be provided with a fire alarm system as required for the Group E occupancy.

Exceptions:

1. Manual fire alarm boxes are not required where the building is equipped throughout with an automatic sprinkler system installed in accordance with Section 903.3.1.1 and the occupant notification appliances will activate throughout the notification zones upon sprinkler water flow.

2. Manual fire alarm boxes and the associated occupant notification system or emergency voice/alarm communication system are not required for Group A-5 outdoor bleacher- type seating having an occupant load of greater than or equal to 300 and less than 15,000 occupants, provided that all of the following are met:

2.1. A public address system with standby power is provided.

2.2. Enclosed spaces attached to or within 5 feet (1524 mm) of the outdoor bleacher type seating compose, in the aggregate, a maximum of 10 percent of the overall

Ordinance No. 7,990-N.S. Page 18 of 32
area of the outdoor bleacher-type seating or 1,000 square feet (92.9 m2), whichever is less.

2.3. Enclosed accessory spaces under or attached to the outdoor bleacher-type seating shall be separated from the bleacher-type seating in accordance with Section 1030.1.1.1.

2.4. All means of egress from the bleacher-type seating are open to the outside.

3. Manual fire alarm boxes and the associated occupant notification system or emergency voice/alarm communication system are not required for temporary Group A-5 outdoor bleacher-type seating, provided that all of the following are met:

3.1. There are no enclosed spaces under or attached to the outdoor bleacher-type seating.

3.2. The bleacher-type seating is erected for a period of less than 180 days.

3.3. Evacuation of the bleacher-type seating is included in an approved fire safety plan.

Every Group A building used for educational purposes shall be provided with a manual or automatic fire alarm system. This provision shall apply to, but shall not necessarily be limited to, every community college and university.

Exception: Privately owned trade or vocational schools or any firm or company which provides educational facilities and instruction for its employees. 907.2.2 Group B. A manual fire alarm system, which activates the occupant notification system in accordance with Section 907.5, shall be installed in Group B occupancies where one of the following conditions exists:

1. The combined Group B occupant load of all floors is 500 or more.

2. The Group B occupant load is more than 100 persons above or below the lowest level of exit discharge.

3. The fire area contains an ambulatory care facility.

4. For Group B occupancies containing educational facilities, see Section 907.2.2.2.

Exception: Manual fire alarm boxes are not required where the building is equipped throughout with an automatic sprinkler system installed in accordance with Section 903.3.1.1 and the occupant notification appliances will activate throughout the notification zones upon sprinkler water flow.

Ordinance No. 7,990-N.S. Page 19 of 32
907.2.4 Group F. A manual fire alarm system that activates the occupant notification system in accordance with Section 907.5 shall be installed in Group F occupancies where both of the following conditions exist:

1. The Group F occupancy is two or more stories in height.

2. The Group F occupancy has a combined occupant load of 500 or more above or below the lowest level of exit discharge.

Exception: Manual fire alarm boxes are not required where the building is equipped throughout with an automatic sprinkler system installed in accordance with Section 903.3.1.1 and the occupant notification appliances will activate throughout the notification zones upon sprinkler water flow. 907.2.7 Group M. Fire alarm system shall be required in Group M occupancies in accordance with Sections 907.2.7.1 and 907.2.7.2.
907.2.7.1 Occupant Load. A manual fire alarm system that activates the occupant notification system in accordance with Section 907.5 shall be installed in Group M occupancies where one of the following conditions exists:

1. The combined Group M occupant load of all floors is 500 or more persons.

2. The Group M occupant load is more than 100 persons above or below the lowest level of exit discharge.

Exceptions:

1. A manual fire alarm system is not required in covered or open mall buildings complying with Section 402 of the California Building Code.

2. Manual fire alarm boxes are not required where the building is equipped throughout with an automatic sprinkler system installed in accordance with Section 903.3.1.1 and the occupant notification appliances will automatically activate throughout the notification zones upon sprinkler water flow.

Ordinance No. 7,990-N.S. Page 20 of 32
907.2.8.1 Manual fFire alarm system. A manual and automatic fire alarm system that activates the occupant notification system in accordance with Section 907.5 shall be installed in Group R-1 occupancies.Exceptions:

1. A manual fire alarm system is not required in buildings not more than two stories in height where all individual sleeping units and contiguous attic and crawl spaces to those units are separated from each other and public or common areas by not less than 1-hour fire partitions and each individual sleeping unit has an exit directly to a public way, egress court or yard.

2. Manual fire alarm boxes are not required throughout the building where all the following conditions are met:

2.1.The building is equipped throughout with an automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2.

2.2.The notification appliances will activate upon sprinkler water flow.

2.3.Not fewer than one manual fire alarm box is installed at an approved location.
907.2.8.2 Manual and Aautomatic fire alarm systemsmoke detection system. An A manual and automatic smoke detectionfire alarm system that activates the occupant notification system in accordance with Section 907.5 shall be installed throughout all interior corridors and common areas of Group R-1 occupancies. The detection device for this purpose shall be a smoke detector (or heat detector as approved), which is system connected and electronically supervisedserving sleeping units.

Exception: An automatic smoke detection system is not required in buildings that do not have interior corridors serving sleeping units and where each sleeping unit has a means of egress door opening directly to an exit or to an exterior exit access that leads directly to an exit.
907.2.9.1 Automatic and Mmanual fire alarm system. An automatic and manual fire alarm system that activates the occupant notification system in accordance with Section 907.5 shall be installed in Group R-2 occupancies where any of the following conditions apply:

1. The building is three or more stories in height and Any any dwelling unit or sleeping unit is located three or more stories above the lowest level of exit discharge.

2. Any dwelling unit or sleeping unit is located more than one story below the highest level of exit discharge of exits serving the dwelling unit or sleeping unit.

3. The building contains more than 16 dwelling units or sleeping units.

4. Congregate residences with more than 16 occupants.

Ordinance No. 7,990-N.S. Page 21 of 32

Exceptions:

1. A fire alarm system is not required in buildings not more than two stories in height where all dwelling units or sleeping units and contiguous attic and crawl spaces are separated from each other and public or common areas by not less than 1-hour fire partitions and each dwelling unit or sleeping unit has an exit directly to a public way, egress court or yard.

2. Manual fire alarm boxes are not required where the building is equipped throughout with an automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 and the occupant notification appliances will automatically activate throughout the notification zones upon a sprinkler water flow.

3. 2. A fire alarm system is not required in buildings that do not have interior corridors serving dwelling units and are protected by an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, provided that dwelling units either have a means of egress door opening directly to an exterior exit access that leads directly to the exits or are served by open-ended corridors designed in accordance with Section 1027.6, Exception 3.
907.6.6 Monitoring. All Ffire alarm, detection, and communication systems required by this codechapter or by the California Building Code shall be monitored by an approved supervising station in accordance with NFPA 72, Chapter 26, Section 26.3, Central Station Service Alarm Systems, and this section.
907.7 Acceptance tests and completion. Upon completion of the installation, the fire alarm system and all fire alarm components shall be tested in accordance with NFPA 72. Fire alarm systems shall obtain a UL certificate for the system prior to final inspection.

Exceptions:

1. Fire warning and fire alarm systems in one- and two-family dwellings.

2. Fire alarm control units in which the primary function is to monitor an automatic sprinkler system or other dedicated function fire alarm system. 907.9 Where required in existing buildings and structures. An approved fire alarm system shall be provided in existing buildings and structures where required in Chapter 11. 907.9.1 Certification and monitoring. Certification per 907.1.6 and monitoring per 907.1.7 is required for an existing fire alarm system when one of the following is met:

1. When a fire alarm control unit is replaced, for any reason.

2. When there are multiple unwanted alarms and/or nuisance alarms that are repetitive and not corrected, as determined by the fire code official.

3. When the fire code official determines that the severity of life safety hazards or systems on the premises require certification of the fire alarm system.

Ordinance No. 7,990-N.S. Page 22 of 32
Article 6. Means of Egress

19.48.070 Amendments to Chapter 10 Means of Egress
Chapter 10 of the California Fire Code is partially adopted with adopted sections below. (Sections adopted by the State Fire Marshal remain unless modified below.) CHAPTER 10 – MEANS OF EGRESS
SECTION 1031 – EMERGENCY ESCAPE AND RESCUE
1031.2 Where required. In addition to the means of egress required by this chapter, emergency escape and rescue openings shall be provided in Group R occupancies.:

1. Group R-2 occupancies located in stories with only one exit or access to only one exit as permitted by Tables 1006.3.4(1) and 1006.3.4(2).

2. Group R-3 and R-4 occupancies.

Basements and sleeping rooms below the fourth story above grade plane shall have not fewer than one emergency escape and rescue opening in accordance with this section.

Where basements contain one or more sleeping rooms, an emergency escape and rescue opening shall be required in each sleeping room, but shall not be required in adjoining areas of the basement. Such openings shall open directly into a public way or to a yard or court that opens to a public way, or to an egress balcony that leads to a public way.

Exceptions:

1. In Groups R-1 and R-2 occupancies constructed of Type I, Type IIA, Type IIIA or Type IV construction equipped throughout with an approved automatic sprinkler system in accordance with Section 903.3.1.1.

2. Group R-2.1 occupancies meeting the requirements for delayed egress in accordance with Section 1010.2.13 may have operable windows that are breakable in sleeping rooms permanently restricted to a maximum of 4-inch open position.

3. Basements with a ceiling height of less than 80 inches (2032 mm) shall not be required to have emergency escape and rescue openings.

4. Emergency escape and rescue openings are not required from basements or sleeping rooms that have an exit door or exit access door that opens directly into a public way or to a yard, court or exterior egress balcony that leads to a public way.

5. Basements without habitable spaces and having not more than 200 square feet (18.6 m2) in floor area shall not be required to have emergency escape and rescue openings.

6. Storm shelters are not required to comply with this section where the shelter is constructed in accordance with ICC 500.

Ordinance No. 7,990-N.S. Page 23 of 32

7. Within individual dwelling and sleeping units in Groups R-2 and R-3, where the building is equipped throughout with an automatic sprinkler system installed in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3, sleeping rooms in basements shall not be required to have emergency escape and rescue openings provided that the basement has one of the following:

7.1. One means of egress and one emergency escape and rescue opening.

7.2. Two means of egress.

8. In Group R-2.2 occupancies a certified fire escape is acceptable as a secondary means of egress of existing buildings for this section of the code.

Article 7. Construction Requirements for Existing Buildings

19.48.080 Amendments to Chapter 11 Construction Requirements for Existing Buildings Chapter 11 of the California Fire Code is partially adopted with adopted sections below. (Sections adopted by the State Fire Marshal remain unless modified below.) CHAPTER 11 – CONSTRUCTION REQUIREMENTS FOR EXISTING BUILDINGS SECTION 1103 – FIRE SAFETY REQUIREMENTS FOR EXISTING BUILDINGS 1103.5 Sprinkler systems. An automatic sprinkler system shall be provided in existing buildings in accordance with Section 1103.5.1 through 1103.5.5.6.3 SECTION 1103.5.6 AUTOMATIC SPRINKLER REQUIREMENTS FOR EXISTING HOTELS
1103.5.6.1 Definitions. For the purposes of this Section, the following terms shall be defined as follows:

1. “Hotel" shall mean any building, including motels, dormitories, rooming houses, Greek houses and congregate residences, which contain six or more rooms which were intended or designed to be used, or which are used, for the purposes of renting, hiring or letting (with monetary or non-monetary means of payment or permission) to residential occupants for sleeping purposes but shall not include apartment buildings as defined in this code.

2. "Story" is as defined in the Berkeley Building Code.

3. "First Story" is as defined in the Berkeley Building Code.

4. "Basement" is as defined in the Berkeley Building Code.

5. “Balcony, Exterior Exit" shall mean a landing or porch projecting from the wall of a building which serves as a required exit. The long side shall be at least 50 percent directly open to the exterior, and the open area above the guardrail shall be so configured as to prevent the accumulation of smoke or toxic gases.

Application: This section shall apply to every hotel in which the rooms used for sleeping are located above the ground floor, if the hotel was built prior to 1992, and also meets one of the following two conditions: