Agenda packet — Berkeley City Council, October 13, 2026 (part 1 of 2)

Tuesday, October 13, 2026 AGENDA Page 1

AGENDA

BERKELEY CITY COUNCIL MEETING
Tuesday, October 13, 2026
6:00 PM

SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702

ADENA ISHII, MAYOR
COUNCILMEMBERS:

DISTRICT 1 – RASHI KESARWANI DISTRICT 5 – SHOSHANA O’KEEFE DISTRICT 2 – TERRY TAPLIN DISTRICT 6 – BRENT BLACKABY
DISTRICT 3 – BEN BARTLETT DISTRICT 7 – CECILIA LUNAPARRA DISTRICT 4 – IGOR TREGUB DISTRICT 8 – MARK HUMBERT

This meeting will be conducted in a hybrid model with both in -person and virtual attendance. Attend this meeting remotely using Zoom. To request to speak, use the “raise hand” function in Zoom. To join by phone: Dial 1-669- 254-5252 or 1-833-568-8864 (Toll Free) and enter Meeting ID: 165 648 5514. To provide public comment, Press *9 and wait to be recognized by the Chair. To submit a written communication for the public record, email [email protected].

Live captioned broadcasts of Council meetings are available on B -TV (Channel 33) and via internet video stream.

All Council meetings are recorded.

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

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

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

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

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

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Tuesday, October 13, 2026 AGENDA Page 2
Preliminary Matters
Roll Call:

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

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

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

Public Comment on Non-Agenda Matters: Up to ten persons will be selected to address matters not on the Council agenda. If five or fewer persons are identified to provide non-agenda comment, each person selected will be allotted two minutes each. If more than five persons are selected to address matters not on the Council agenda, each person selected will be allotted one minute each.

In-person attendees wishing to address the Council on matters not on the Council agenda during the initial ten-minute period for such comment, must submit a speaker card to the City Clerk in person at the meeting location and prior to the moment that the Presiding Officer calls for public comment on non - agenda items. Remote attendees must raise their hand in the videoconference application when the Presiding Officer calls for non-agenda speakers. The first five raised hands on the videoconference application will be selected to speak and the first five cards drawn at the meeting will be selected to speak. The number of in-person and remote speakers selected may be adjusted by the Presiding Officer if fewer than five speakers from either format are identified.

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

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

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Tuesday, October 13, 2026 AGENDA Page 3
Consent Calendar
The Council will first determine whether to move items on the agenda for “Action” or “Information” to the “Consent Calendar”, or move “Consent Calendar” items to “Action.” Three members of the City Council must agree to pull an item from the Consent Calendar or Information Calendar for it to move to Action.

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

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

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

Public Comment on Consent Calendar and Information Items Only: The Council will take public comment on any items that are either on the amended Consent Calendar or the Information Calendar. If ten or fewer persons are interested in speaking on an individual agenda item, each speaker may speak for two minutes. If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker. Speakers are permitted to yield their time to one other speaker, however no one speaker shall have more than four minutes. The Presiding Officer may, with the consent of persons representing both sides of an issue, allocate a block of time to each side to present their issue. A speaker may only speak once during the period for public comment on Consent Calendar and Information items.

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

Consent Calendar

1. Amendment to BMC Chapter 2.99 to Establish Surveillance Technology Vendor Accountability Requirements and to Revise the Annual Surveillance Technology Reporting Schedule
From: City Manager
Recommendation: Adopt the second reading of Ordinance No. 8,033-N.S. amending Berkeley Municipal Code Chapter 2.99 to require enforceable violation, sanction, and termination provisions in agreements with surveillance technology vendors; to change the annual Surveillance Technology Report to a calendar-year reporting period due to the City Council at the first regular meeting in March, beginning with a report in March 2028 covering October 1, 2026 through December 31, 2027; and to conform references to the Police Accountability Board.

First Reading Vote: All Ayes.

Financial Implications: See report
Contact: Jennifer Louis, Police, (510) 981-5900

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Consent Calendar
Tuesday, October 13, 2026 AGENDA Page 4

2. Adoption of San Pablo Avenue Specific Plan
From: City Manager
Recommendation: Adopt the second reading of Ordinance No. 8,034-N.S. to amend the Berkeley Municipal Code to create the San Pablo Commercial District (Chapter 23.202.160) and additional conforming amendments to other sections of the Municipal Code.

First Reading Vote: All Ayes.

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

3. Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on October 13, 2026
From: City Manager
Recommendation: Approve the request for proposals or invitation for bids (attached to staff report) that will be, or are planned to be, issued upon final approval by the requesting department or division. All contracts over the City Manager’s threshold will be returned to Council for final approval.

Financial Implications: Measure BB Paratransit Fund - $2,240,000 Contact: Henry Oyekanmi, Finance, (510) 981-7300

4. Contract No. 31900009 Amendment: Building Opportunities for Self-Sufficiency for McKinley House – 2111 McKinley Avenue, Berkeley, CA 94703 From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or designee to execute an amendment to Contract No. 31900009 with Building Opportunities for Self-Sufficiency (BOSS) for property management services at 2111 McKinley Avenue in Berkeley, updating the funding source designation from the Mental Health Services Act (MHSA) to the Behavioral Health Services Act (BHSA) and increasing the contract allocation by $104,474 to a total amount not to exceed $1,015,607.

Financial Implications: Behavioral Health Services Act Fund - $104,474 Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5100

5. Cost-Neutral Berkeley Chief Fire Officers Association (BCFOA) Medical Expense Reimbursement Plan (MERP) Side Letter Agreement From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute the Side Letter Agreement between the City of Berkeley and the Berkeley Chief Fire Officers Association (BCFOA) concerning the disposition of eligible unused sick leave conversion value for employees hired before June 30, 2014, and to authorize immediate implementation of the agreement pending Council ratification.

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

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Consent Calendar
Tuesday, October 13, 2026 AGENDA Page 5

6. Contract No. 31900122-1 Amendment: Rolling Orange, Inc. Website Maintenance and Support
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 31900122-1 with Rolling Orange, Inc. for additional website maintenance and support for an amount not-to-exceed $115,000 over two years, and a total contract value not-to-exceed $909,300 from March 1, 2019 to June 30, 2028. The City intends to conduct an RFP at the end of FY2027 to establish a new contract by July 1, 2028.

Financial Implications: IT Cost Allocation Fund - $115,000 Contact: Kevin Fong, Information Technology, (510) 981-6500

7. Contract No. 32000008 (11012) Amendment: Granicus, Inc. for Video Streaming Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 32000008 with Granicus, Inc., to continue providing live video streaming, on-demand archival video, podcasting, and web page subscription services, increasing the contract amount by $72,200 for a total not-to-exceed amount of $395,146 from July 1, 2017 to June 30, 2027.

Financial Implications: IT Cost Allocation Fund - $72,000 Contact: Kevin Fong, Information Technology, (510) 981-6500

8. Contract: Protiviti Government Services Inc (“Protiviti”): Using General Services Administration (“GSA”) Vehicle for Professional Services Purchase Orders
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to issue purchase orders with Protiviti for professional services using GSA purchasing vehicle no. GS35F-0280X for an amount not to exceed $425,000 through June 30, 2027 Financial Implications: IT Cost Allocation Fund - $425,000 Contact: Kevin Fong, Information Technology, (510) 981-6500

9. Contract No. 32600093 Amendment: Paymun Building and Development, Inc. for Berkeley Marina K-Dock Restroom Renovation Project
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32600093 with Paymun Building and Development, Inc. for the Berkeley Marina K-Dock Restroom Renovation Project, increasing the amount by $11,000 for an amended total amount not to exceed $451,000.

Financial Implications: Marina Fund - $11,000
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

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Council Consent Items
Tuesday, October 13, 2026 AGENDA Page 6

10. BORP Adaptive Sports and Recreation’s 50th Anniversary Celebration:

Relinquishment of Council Office Budget Funds from General Funds and Grant of Such Funds
From: Councilmember Taplin (Author), Mayor Ishii (Co-Sponsor), Councilmember Bartlett (Co-Sponsor), Councilmember Tregub (Co-Sponsor) Recommendation: Adopt a resolution approving the expenditure of an amount not to exceed $1,000 per councilmember, including $1,000 from Councilmember Terry Taplin, $100 from Mayor Adena Ishii, and $150 from Councilmember Igor Tregub, to support BORP Adaptive Sports and Recreation’s 50th Anniversary Celebration.

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

11. Creations Berkeley - Creations Dance Group Road to Hollywood Nov 27th through Nov 30th 2026 / Hip Hop Hollywood Dance Tour - Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds From: Councilmember Bartlett (Author)
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 Creations Dance Group participation in the 2026 Hip Hop Hollywood Dance Tour at Universal Studios Hollywood from November 27-30, 2026. The funds will be allocated 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.

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

12. Resolution in Support of Proposition 4, the California Fair Elections Act of 2026, on the November 3, 2026, General Election Ballot
From: Councilmember Tregub (Author), Mayor Ishii (Co-Sponsor), Councilmember Humbert (Co-Sponsor), Councilmember Lunaparra (Co- Sponsor)
Recommendation: Adopt a resolution in support of Proposition 4, the California Fair Elections Act of 2026, on the November 3, 2026, general election ballot, which would repeal the existing prohibition on public funding of candidate election campaigns and allow state and local governments to establish public campaign financing systems subject to specified requirements.

Financial Implications: Staff time
Contact: Igor Tregub, Councilmember, District 4, (510) 981-7140

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

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Action Calendar
Tuesday, October 13, 2026 AGENDA Page 7
The Presiding Officer will request that persons wishing to speak line up at the podium, or use the "raise hand" function in Zoom, to determine the number of persons interested in speaking at that time. If ten or fewer persons are interested in speaking on an individual agenda item, each speaker may speak for two minutes. If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker. Speakers are permitted to yield the ir time to one other speaker, however no one speaker shall have more than four minutes. The Presiding Officer may, with the consent of persons representing both sides of an issue, allocate a block of time to each side to present their issue.

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

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

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

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

If ten or fewer persons are interested in speaking during a public hearing, each speaker may speak for two minutes. If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker. Speakers are permitted to yield their time to one other speaker, however no one speaker shall have more than four minutes. The Presiding Officer may with the consent of persons representing both sides of an issue allocate a block of time to e ach side to present their issue.

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

13. Revisions to the Approved Environmental Health Fee Schedule From: City Manager
Recommendation: Conduct a public hearing and, upon conclusion, adopt a Resolution: 1. Approving revisions to the fee schedule for the Environmental Health Division (EHD) effective October 13, 2026, and, 2. Rescinding Resolution No. 72,308 N.S. effective October 13, 2026.

Financial Implications: See report
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5100

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Action Calendar – Public Hearings
Tuesday, October 13, 2026 AGENDA Page 8

14. Amendments to Berkeley Municipal Code (BMC) Section 23.304.100 (Site Features in Residential Districts) to require undergrounding of electrical transformers on private land
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion adopt the first reading of an Ordinance amending Berkeley Municipal Code (BMC) Section

23.304.100 (Site Features in Residential Districts) to prohibit the above-ground installation of electrical transformers serving new residential, commercial, and mixed- use projects grade on private property, consistent with the Planning Commission’s recommendation.

Financial Implications: See report
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action Calendar – Old Business

15. Affordable Housing Preference Policy: Pilot Assessment and Policy Update (Continued from September 29, 2026)
From: City Manager
Recommendation: Adopt a Resolution rescinding Resolution No. 70,960-N.S. to revise and update the Affordable Housing Preference Policy for new residential housing units created via the Housing Trust Fund (HTF) and Below Market-Rate (BMR) programs.

Financial Implications: See report
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5100

Action Calendar – New Business

16. Establish 2027 City Council Meeting Schedule
From: City Manager
Recommendation: Review the proposed modifications to the meeting schedule, including options for a shift in the timing of the summer recess, and adopt a Resolution establishing the City Council regular meeting schedule for calendar year 2027, with starting times of 6:00 p.m.

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

Information Reports

17. Homeless Response Team Audit Status Report
From: City Manager
Contact: Peter Radu, City Manager's Office, (510) 981-7000

18. Inclusionary Housing Program Annual Report for Fiscal Year 2026 From: City Manager
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5100

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Information Reports
Tuesday, October 13, 2026 AGENDA Page 9

19. Measure O Impacts on Affordable Housing Development in Berkeley From: City Manager
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5100

20. Condominium Conversion Program Annual Report for Fiscal Year 2026 From: City Manager
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5100

21. Landmark Preservation Ordinance Notice of Decision: 701 University Avenue / #LMSAP2026-0007
From: City Manager
Contact: Jordan Klein, Planning and Development, (510) 981-7400

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

Archived indexed video streams are available at: berkeleyca.gov/council-agendas.

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

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

Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the public counter at the City Clerk Department located on the first floor of City Hall located at 2180 Milvia Street, and through the City's online records portal:
https://records.cityofberkeley.info/.

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

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

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Tuesday, October 13, 2026 AGENDA Page 10
Libraries: Main – 2090 Kittredge Street,
Claremont Branch – 2940 Benvenue, West Branch – 1125 University, North Branch – 1170 The Alameda, Tarea Hall Pittman South Branch – 1901 Russell

COMMUNICATION ACCESS INFORMATION:

This meeting is being held in a wheelchair accessible location.

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

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

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

If you have obtained interpretation services for your use during a City Council meeting and would like to request assistance, please contact the City Clerk Department at (510) 981 -6900, [email protected], or in-person during the meeting.

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

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ I hereby certify that the agenda for this meeting of the Berkeley City Council was posted at the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way, as well as on the City’s website, on October 1, 2026.

Mark Numainville, City Clerk

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

Zoning/Upzoning

1. Heather Siglin

2. Barbara Gilbert

3. Madan Kumar (2)

4. Pamela & Mark

4th/9th and Camelia

5. Crystal Turnerhill (2)

6. Peter Radu

7. Stephanie Chang (4)

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Tuesday, October 13, 2026 AGENDA Page 11

8. Cheryl Brewster

9. Maria Chairez

10. Nikhila Pai

11. Theresa Thornton

12. Nancy Priewe

13. Jaime Perkins

14. Elisa Pace

15. Betty Feliciano

16. Steve Tornallyay

2128 Oxford St.

17. Steven Schuyler

FLOCK/ALPRs

18. Kate Rassbach (2)

19. Sam Holtzman

20. Chris Gilbert

21. Peter Diebler

22. Peter Metcalf

Use of Services Concern

23. Mimi

Road Obstruction Concern

24. CC Miksza

Measure Z

25. Affordable Berkeley

Junk Pick-Up

26. Patrice Ignelzi

Inclusion on Consequential Decisions

27. Vanessa Vega

28. Beatriz Leyva-Cutler

Claim Concerns

29. Erin Spencer

Product Sale Concern

30. Chck9988

Berkeley Rides for Seniors and Disabled

31. Loi Fischer

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Tuesday, October 13, 2026 AGENDA Page 12
Vandalism Concern

32. K Noel

South Berkeley Search

33. Mary Behm-Steinberg on behalf of the Human Welfare and Community Action Commission

Parking Meter Concerns

34. Gillian Scharff

Public Hearing Notice Concern

35. Carol Denney

Class Cancellations and Refund Request

36. Alyssa Cauble May

Traffic Safety Concern

37. Kenny Yu

Ashby BART

38. Asmara Marek (2)

39. Julie Twichell

40. Eunice Lee

John Muir Campus Concerns

41. Lauren Wynveen

42. Deborah Russell

43. Nina Begus

44. Niloufar Abdollahi

Hopkins

45. Shirley Kirsten

46. Stephen Alpert (2)

47. Steve Tracy

48. Nicholas Adams

Milvia and Cedar Safety Concern

49. Nicole

Harrison St. and 8th St.

50. Frederick Hertz (3)

51. Marianne Riddle

52. Russbumper

53. Yesica Prado

54. Erin Spencer

55. Sarah Clegg

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Tuesday, October 13, 2026 AGENDA Page 13

56. Barry Braden

57. Andrea Green

Mural Restoration

58. Summer Brenner

Restaurant Inspections

59. David Lerman (2)

Vulnerable Homeowners Referral

60. Darlene Bronson on behalf of the Commission on Aging

Encampments

61. Caroline Winnett

62. Ernie Sexton

63. Charlotte Banuelos

64. Lucia Hammond (2)

65. Peter Radu

66. John Waters

67. Jeff Cooksey

68. Marianne Riddle

Ferry Development

69. Elsa Tranter

Supplement Complaint

70. Francis Lee

Local Natural Grass Soccer Fields Concern

71. Ted Steen

Civil Rights Protections

72. Mathara

Commendation for Peter Radu

73. Adam Weisberg

Richmond Tiny Homes

74. Boona Cheema

Park Renaming

75. Virginia Browning (2)

Ongoing Safety Concern

76. Eden Winograd

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Tuesday, October 13, 2026 AGENDA Page 14
Impact Fund

77. Moni Law

Zone Zero Regulations

78. Zohra Kalinkowitz

URLs

79. Russbumper

E-Scooters

80. Robert Borghese (5)

81. Carson Lepre (2)

82. Deven Mitchell

Forwards

83. Russbumper

84. Eid Abdallah (14)

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

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

• Supplemental Communications and Reports 2
Available by 5:00 p.m. the day before the meeting.

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

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Ordinance No. 8,033-N.S. Page 1 of 4
ORDINANCE NO. 8,033-N.S.

AMENDMENT TO BMC CHAPTER 2.99 TO ESTABLISH SURVEILLANCE

TECHNOLOGY VENDOR ACCOUNTABILITY REQUIREMENTS AND TO REVISE THE

ANNUAL SURVEILLANCE TECHNOLOGY REPORTING SCHEDULE
BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. Findings
A. In 2018, the City Council adopted Ordinance No. 7,592–N.S., enacting Berkeley Municipal Code Chapter 2.99, which requires City Council approval of a Surveillance Acquisition Report and a legally enforceable Surveillance Use Policy prior to the funding, acquisition, or use of Surveillance Technology and requires an annual Surveillance Technology Report. In 2019, the City Council adopted Ordinance No. 7,676–N.S., prohibiting City use of Face Recognition Technology.

B. Chapter 2.99 does not currently require that agreements with Surveillance Technology vendors contain enforceable safeguards, sanctions, or termination rights addressing vendor misuse of collected information, unauthorized access or disclosure, or data security failures.

C. On May 7, 2026, in connection with the Public Safety Technology item (Item 1a), the City Council adopted a recommendation to amend Chapter 2.99 to include a violation/termination clause for surveillance technology vendors and to establish enforceable mechanisms to sanction vendors for misuse, unauthorized access, or data security failures (Recommendation 8).

D. Aligning the annual Surveillance Technology Report with the calendar year, with submission to the City Council at the first regular meeting in March, will define the reporting period in the Municipal Code, align reporting with the calendar-year cadence of vendor usage, audit, and cost data, and provide adequate time following the close of the reporting period for preparation of the report and completion of the agenda process. A transition provision ensures that no period is omitted from annual reporting.

E. In November 2020, the voters of Berkeley adopted Measure II, adding Section 125 to the City Charter and establishing the Police Accountability Board, which succeeded to the duties of the Police Review Commission. References in Chapter 2.99 are conformed accordingly.

Section 2. That Berkeley Municipal Code Section 2.99.020, subdivision 2, is amended to read as follows:

2. "Surveillance Technology Report" means an annual written report by the City Manager covering all of the City of Berkeley’s Surveillance Technologies that includes all of the following information with regard to each type of Surveillance Technology:
a. Description: A description of all non-privileged and non-confidential information about use of the Surveillance Technology, including but not limited to the quantity of data gathered and sharing of data, if any, with outside entities. If sharing has

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occurred, the report shall include general, non-privileged and non-confidential information about recipient entities, including the names of the entities and purposes for such sharing;
b. Geographic Deployment: Where applicable, non-privileged and non-confidential information about where the surveillance technology was deployed geographically; c. Complaints: A summary of each complaint, if any, received by the City about the Surveillance Technology;
d. Audits and Violations: The results of any non-privileged internal audits, any information about violations or potential violations of the Surveillance Use Policy, and any actions taken in response;
e. Data Breaches: Non-privileged and non-confidential information about any data breaches or other unauthorized access to the data collected by the surveillance technology, including information about the scope of the breach and the actions taken in response;
f. Effectiveness: Information that helps the community assess whether the Surveillance Technology has been effective in achieving its identified outcomes; g. Costs: Total annual costs for the Surveillance Technology, including personnel and other ongoing costs; and,
h. Vendor Compliance: A summary of any violation by a vendor of the agreement provisions required by Section 2.99.085 or of an applicable Surveillance Use Policy. The summary shall include information regarding any misuse of collected information, unauthorized access or disclosure, and data security failures, and a description of any sanctions, remedies, or corrective actions taken in response.

Section 3. That Berkeley Municipal Code Section 2.99.030, subdivision 2, is amended to read as follows:

2. The City Manager must present a Surveillance Use Policy for each Surveillance Technology to the Police Accountability Board, prior to adoption by the City Council.

The Police Accountability Board shall also be provided with the corresponding Surveillance Acquisition Report that had been presented to council for that Surveillance Technology. No later than 30 days after receiving a Surveillance Use Policy for review, the Police Accountability Board must vote to recommend approval of the policy, object to the proposal, recommend modifications, or take no action.

Neither opposition to approval of such a policy, nor failure by the Police Accountability Board to act, shall prohibit the City Manager from proceeding with its own review and potential adoption.

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Ordinance No. 8,033-N.S. Page 3 of 4
Section 4. That Berkeley Municipal Code Section 2.99.070 is amended to read as follows:

2.99.070 Oversight Following City Council Approval.

The City Manager must submit to the Council Action Calendar a written Surveillance Technology Report, covering all of the City’s Surveillance Technologies, annually at the first regular Council meeting in March. Each Surveillance Technology Report shall cover the preceding calendar year, January 1 through December 31.

The first March Surveillance Technology Report submitted following the effective date of the ordinance amending this Section shall be submitted at the first regular Council meeting in March 2028 and shall cover the period from October 1, 2026 through December 31, 2027, so that no period is omitted from annual reporting as a result of the transition to a calendar-year reporting period.

After review of the Surveillance Technology Report, Council may make modifications to Surveillance Use Policies.

Section 5. That Berkeley Municipal Code Chapter 2.99 is amended to add Section

2.99.085 to read as follows:

2.99.085 Vendor Accountability.

1. Required Contract Provisions. Any agreement between the City and a vendor for the acquisition, lease, use, operation, maintenance, or support of Surveillance Technology, or for the storage, hosting, processing, or analysis of information collected by Surveillance Technology, that is entered into, renewed or amended on or after the effective date of this Section shall include legally enforceable provisions that, at a minimum:
a. Define as a material breach of the agreement each of the following: misuse of information collected by or derived from the Surveillance Technology; any access to, or use, sale, sharing, or disclosure of, such information by the vendor, a subcontractor, or any third party, including any federal, state, or local agency, that the agreement and the applicable Surveillance Use Policy prohibit, including through the enabling or activation of any feature or setting that expands access to such information without the City's prior written approval; and any failure to maintain administrative, technical, or physical safeguards protecting such information against misuse, loss, or unauthorized access or disclosure, consistent with prevailing industry standards;
b. Require the vendor to provide written notice to the City within 72 hours of discovering any material breach described in subparagraph a, including a description of the scope of the incident and the corrective actions taken or proposed; and
c. Authorize the City, upon a material breach described in subparagraph a or a failure to provide the notice required by subparagraph b, to suspend the vendor's

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access to such information and to suspend use of the Surveillance Technology pending investigation and cure; to terminate the agreement for cause; to require the return or certified destruction of all such information held by the vendor or its subcontractors; to recover damages, including liquidated damages where the agreement so provides; and to pursue any other remedy available under the agreement, at law, or in equity, all such remedies being cumulative.

2. Enforcement. Upon receiving notice of, or otherwise learning of, a suspected violation of any provision required by subdivision 1 of this Section, the City shall promptly investigate; shall take appropriate interim measures to protect collected information and the public, which may include suspension of the vendor’s access to collected information and suspension of use of the Surveillance Technology pending investigation and cure; and shall pursue available contractual remedies as warranted.

The City shall provide written notice of any substantiated violation, and of any sanctions, remedies, or corrective actions imposed or pursued, to the City Council within 30 days of substantiation, unless such information is confidential or privileged.

Any proposed termination or cancellation of an agreement for Surveillance Technology, or any suspension of such an agreement other than an interim protective measure under this subdivision, shall be presented to the City Council for approval.

All vendor violations and any sanctions, remedies, or corrective actions taken shall be summarized in the annual Surveillance Technology Report as provided in Section

2.99.020, subdivision 2, subparagraph h.

3. Existing Agreements. For agreements in effect on the effective date of this Section, the City Manager shall seek to incorporate the provisions required by subdivision 1 of this Section at the earliest practicable opportunity. Nothing in this Section impairs the obligations of any agreement in effect on the effective date of this Section prior to its renewal or amendment.

Section 6. Copies of this Ordinance shall be posted for two days prior to adoption in the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way. Within 15 days of adoption, copies of this Ordinance shall be filed at each branch of the Berkeley Public Library and the title shall be published in a newspaper of general circulation.

At a regular meeting of the Council of the City of Berkeley held on September 29, 2026, this Ordinance was passed to print and ordered published by posting by the following vote:

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

Noes: None.

Absent: None.

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Ordinance No. 8,034-N.S. Page 1 of 51
ORDINANCE NO. 8,034-N.S.

AMENDMENTS TO THE ZONING DISTRICTS AND MAP CHAPTER (BMC 23.108), COMMERCIAL DISTRICT CHAPTER (BMC 23.204), MANUFACTURING DISTRICT CHAPTER (BMC 23.206), SUPPLEMENTAL USE REGULATIONS CHAPTER (23.302), GENERAL DEVELOPMENT STANDARDS CHAPTER (23.304), LIVE/WORK CHAPTER (23.312), PARKING AND LOADING CHAPTER (23.322), ADMINISTRATIVE RESPONSIBILITY CHAPTER (23.402), AND SPECIFIC PERMIT REQUIREMENTS CHAPTER (23.406) TO ENACT THE SAN PABLO AVENUE SPECIFIC PLAN AND

RETIRE THE WEST BERKELEY PLAN
BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. Table 23.108-1 Zoning Districts within BMC Section 23.108.020(A) is amended to read as follows:

TABLE 23.108 1: ZONING DISTRICTS

DISTRICT

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

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Ordinance No. 8,034-N.S. Page 2 of 51
C-T Telegraph Avenue Commercial
C-SO Solano Avenue Commercial
C-DMU Downtown Mixed-Use
C-W West Berkeley Commercial
C-AC Adeline Corridor Commercial
C-SP San Pablo Commercial
Manufacturing Districts
M Manufacturing
MM Mixed Manufacturing
MU-LI Mixed Use-Light Industrial
MU-R Mixed Use-Residential
M-RD Manufacturing, Research and
Development
Special Districts
S Specific Plan
U Unclassified

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Section 2. That Table 23.204-1 Allowed Uses in the Commercial Districts within BMC Chapter 23.204.020 is amended to read as follows:

Table 23.204-1: Allowed Uses in Commercial Districts

COMMERCIAL DISTRICTS

USE-SPECIFIC

REGULATIONS
ZC = Zoning Certificate
AUP = Administrative Use
Permit
UP(PH) = Use Permit
NP = Not Permitted
-- = Permitted with AUP,
see 23.204.020(B)
[#] = Table Note Permit
Requirement
* Use-Specific Regulations
Apply

C-C C-U C-N C-E C-NS C-SA C-T C-SO C-DMU C-W C-AC C-SP
Residential Uses
Accessory
Dwelling Unit
See 23.306—Accessory Dwelling Units
Dwellings
Single-Family
Residential
UP(P
H)
UP(P
H)*
UP(P

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

23.204.060(B)(3);

23.302.070(H);

23.204.160(D)(3)(a)
Multi-Unit
Residential
UP(P
H)
UP(P
H)*
UP(P

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

H) UP(PH)

23.204.060(B)(3);

23.302.070(H);

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

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

23.204.060(B)(3);

23.302.070(H);

23.204.160(D)(3)(a)
Hotel,
Residential
UP(P
H)
UP(P
H)*
UP(P

H) UP(PH) UP(PH) UP(P
H)
UP(PH
) UP(PH) UP(PH) UP(PH) UP(P
H) UP(PH) 23.204.060(B)(3);

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

H) UP(PH) UP(PH) UP(P
H)*
UP(PH
) UP(PH) UP(PH)
See
Table

23.204-
41 UP(P
H) UP(PH)*

23.204.060(B)(3);23.302.07
0(H);

23.302.070(M)
Senior
Congregate
See 23.302.070.I

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Ordinance No. 8,034-N.S. Page 4 of 51

COMMERCIAL DISTRICTS

USE-SPECIFIC

C-C C-U C-N C-E C-NS C-SA C-T C-SO C-DMU C-W C-AC C-SP
Housing
Public and Quasi-Public Uses
Child Care
Center
UP(P
H)
UP(P
H)
UP(P

H) UP(PH) UP(PH) UP(P
H)
UP(PH
) UP(PH) UP(PH) UP(PH) UP(P
H) AUP
Cemetery/Crema
tory/Mausoleum

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

H) UP(PH) NP UP(P
H)
UP(PH
) NP UP(PH) UP(PH) UP(P
H) AUP
Columbaria See 23.302.070.C
Community Care
Facility

AUP AUP AUP AUP AUP AUP AUP AUP AUP ZC AUP ZC
Community
Center
UP(P
H)
UP(P
H)
UP(P

H) UP(PH) UP(PH) UP(P
H)
UP(PH
) UP(PH) UP(PH) UP(PH) UP(P
H) ZC
Emergency
Shelter, 25 beds
or fewer

ZC ZC ZC ZC ZC ZC ZC ZC ZC ZC ZC ZC
Emergency
Shelter, 26 to 60
beds
UP(P
H)
UP(P
H)
UP(P

H) UP(PH) UP(PH) UP(P
H)
UP(PH
) UP(PH) ZC UP(PH) UP(P

H) UP(PH)
Emergency
Shelter, more
than 60 beds
UP(P
H)
UP(P
H)
UP(P

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

H) UP(PH)

23.308-Emergency
Shelters

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COMMERCIAL DISTRICTS

USE-SPECIFIC

C-C C-U C-N C-E C-NS C-SA C-T C-SO C-DMU C-W C-AC C-SP
Hospital UP(P
H)
UP(P

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

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

H) UP(PH)
Low Barrier
Navigation
Center

ZC ZC ZC ZC ZC ZC ZC ZC ZC ZC ZC ZC
Mortuaries and
Crematories
UP(P
H)
UP(P

H) NP NP NP NP NP NP NP UP(PH) NP UP(PH)
Municipal Animal
Shelter
– – – – – – – – – – -- -* 23.204.160(D)(3)(a)
Nursing Home UP(P
H)
UP(P
H)
UP(P

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

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

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

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

H) UP(PH) UP(PH) UP(P
H)
UP(PH
) UP(PH) UP(PH) UP(PH) UP(P
H) UP(PH)* 23.204.160(D)(3)(a)
Religious
Assembly
UP(P
H)
UP(P
H)
UP(P

H) UP(PH) UP(PH) UP(P
H)
UP(PH
) UP(PH) UP(PH) AUP UP(P
H) AUP
School UP(P
H)
UP(P
H)
UP(P

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

H) UP(PH)
School, AUP AUP AUP AUP AUP AUP AUP AUP AUP UP(PH) AUP AUP

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COMMERCIAL DISTRICTS

USE-SPECIFIC

C-C C-U C-N C-E C-NS C-SA C-T C-SO C-DMU C-W C-AC C-SP
Vocational
Supportive
Housing
ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC* 23.302.070.I-Supportive Housing
Retail Uses
Alcoholic
Beverage Retail
Sale
UP(P
H)*
UP(P
H)*
UP(P
H)* UP(PH)* UP(PH)
*
UP(P
H)*
UP(PH
)*
UP(PH)
*
UP(PH)
*
UP(PH)
*
UP(P
H)* UP(PH)* 23.310
Cannabis
Retailer
ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC* 23.320; 12.21; and 12.22 Cannabis
Retailer, Delivery
Only
ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC* -- ZC* 23.320; 12.21; and 12.22 Firearm/Munition
s Business
UP(P
H)*
UP(P
H)*
UP(P
H)* UP(PH)* UP(PH)
*
UP(P
H)*
UP(PH
)*
UP(PH)
* NP UP(PH) UP(P
H)* UP(PH)* 23.302.070(D)
Industrial and
Mining Products
– – – – – – – – – – -- --
Pawn
Shop/Auction
House
UP(P
H) – NP NP NP NP NP NP UP(PH) UP(PH) NP UP(PH)
Pet Store AUP AUP AUP AUP AUP AUP AUP AUP AUP ZC AUP ZC Retail, General ZC ZC ZC* ZC* ZC* ZC ZC ZC* ZC ZC* ZC* ZC* 23.204.040(C)

23.204.040(D)

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COMMERCIAL DISTRICTS

USE-SPECIFIC

C-C C-U C-N C-E C-NS C-SA C-T C-SO C-DMU C-W C-AC C-SP
Smoke Shop UP(P
H)*
UP(P
H)*
UP(P
H)* UP(PH)* UP(PH)
*
UP(P
H)*
UP(PH
)*
UP(PH)
* NP UP(PH)
*
UP(P
H)* UP(PH)*

23.302.070.I
Personal and Household Service Uses
Personal and
Household
Services,
General

ZC ZC ZC ZC ZC ZC ZC ZC ZC ZC ZC ZC
Kennels and Pet
Boarding
NP NP NP NP NP NP NP NP NP UP(PH) NP UP(PH)* 23.204.160(D)(3)(a) Laundromats
and Cleaners

AUP AUP UP(P

H) UP(PH) UP(PH) AUP AUP UP(PH) UP(PH) AUP AUP AUP
Veterinary Clinic UP(P
H)
UP(P
H)
UP(P

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

H) UP(PH)
Video Tape/Disk
Rental

ZC ZC ZC AUP ZC - ZC ZC ZC ZC NP ZC
Office Uses
Business
Support Services
ZC ZC ZC ZC ZC ZC ZC* ZC ZC ZC ZC ZC*

23.204.110(B)(4);

23.204.160(D)(3)(a)
Banks and
Financial
Services, Retail

AUP AUP UP(P
H) UP(PH) UP(PH) ZC AUP* UP(PH) ZC* AUP ZC ZC*

23.204.110 (B)(4);

23.204.130(B)(3);

23.204.130(D)(3);

23.204.160(D)(3)(a)
Insurance ZC ZC ZC* ZC* ZC* ZC ZC* ZC* ZC* ZC ZC ZC* 23.204.040.D;23.204.110B.

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Ordinance No. 8,034-N.S. Page 8 of 51

COMMERCIAL DISTRICTS

USE-SPECIFIC

C-C C-U C-N C-E C-NS C-SA C-T C-SO C-DMU C-W C-AC C-SP
Agents, Title
Companies, Real
Estate Agents,
Travel Agents
4; 23.204.130.D.3;

23.204.160(D)(3)(a)
Medical
Practitioners
ZC ZC AUP NP UP(PH) ZC AUP* UP(PH) ZC* ZC ZC ZC

23.204.040(B);

23.204.110(B)(4);

23.204.130(D)(3)
Non-Chartered
Financial
Institutions
UP(P
H)*
UP(P
H)* NP NP NP UP(P
H)*
UP(PH
)* NP NP UP(PH)
*
UP(P
H) NP 23.302.070(F)

23.204.110(B)(4)
Office, Business
and Professional
ZC ZC AUP* AUP* ZC* ZC ZC* AUP* ZC* ZC ZC ZC

23.204.040(B);

23.204.110(B)(4);

23.204.130(D)(3)
Food and Alcohol Service, Lodging, Entertainment, and Assembly Uses Adult-oriented
Business
UP(P
H)*
UP(P
H)* NP NP NP NP NP NP UP(PH)
*
UP(PH)
* NP UP(PH) 23.302.070.A
Amusement
Device Arcade
See 23.204.040.A 23.302.070.B
Bar/Cocktail
Lounge/Tavern/T
ap Room/Wine
Tasting
AUP* AUP* AUP* AUP* AUP* AUP* AUP* AUP* AUP* AUP* AUP* AUP 23.310 Commercial
Recreation
Center
See 23.204.040.A

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COMMERCIAL DISTRICTS

USE-SPECIFIC

C-C C-U C-N C-E C-NS C-SA C-T C-SO C-DMU C-W C-AC C-SP
Entertainment
Establishment
UP(P
H)
UP(P
H)
UP(P

H) NP UP(PH) UP(P
H)
UP(PH
) UP(PH) UP(PH) UP(PH)
UP(P
H) AUP* 23.204.160(D)(3)(b)
Food Service
Establishment,
Under 3,000 Sq.

Ft.

ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC* 23.302.070(E) Food Service
Establishment,
3,000 Sq. Ft. or
larger
AUP* AUP* AUP* AUP* AUP* AUP* AUP* AUP* AUP* AUP* AUP* AUP* 23.302.070(E) Group
Instruction,
under 3,000 sq.
ft.

ZC ZC ZC ZC ZC ZC ZC* ZC ZC* ZC ZC ZC
Group Instruction
3,000 sq. ft. or
larger

ZC ZC AUP AUP ZC ZC ZC AUP ZC ZC ZC ZC
Health and
Fitness Facility
Under 7,500 sq.
ft.

ZC ZC ZC ZC ZC ZC ZC ZC ZC ZC ZC ZC
Health and
Fitness Facility
7,500 sq. ft. or

ZC ZC AUP AUP ZC ZC ZC AUP ZC ZC ZC ZC

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COMMERCIAL DISTRICTS

USE-SPECIFIC

C-C C-U C-N C-E C-NS C-SA C-T C-SO C-DMU C-W C-AC C-SP
larger
Hotels, Tourist UP(P
H)
UP(P
H)
UP(P

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

H) UP(PH)
Motels, Tourist UP(P
H)
UP(P

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

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

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

23.204.110(B)(2);

23.204.140(B)(3);

23.204.160(B)(3)
Gasoline Fuel
Stations
UP(P
H)
UP(P
H)
UP(P

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

23.204.140(B)(3);

23.204.160(B)(3)
Large Vehicle
Sales and Rental
AUP NP NP NP NP NP NP NP NP AUP*
[1] NP AUP* [1]

23.204.140(B)(3);

23.204.160(B)(3);

23.204.160(D)(3)(a)
Small Vehicle
Sales and
Service

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

23.204.100(B)(3);

23.204.140(B)(3);

23.204.160(B)(3);

23.204.160(D)(3)(a)
Tire Sales and
Service
UP(P

H) NP NP NP NP NP NP NP NP UP(PH)
* NP UP(PH)*

23.204.140(B)(3);

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COMMERCIAL DISTRICTS

USE-SPECIFIC

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

23.204.160(B)(3);

23.204.160(D)(3)(a)
Vehicle Parts
Store
ZC NP ZC ZC ZC ZC ZC ZC NP AUP*[1] ZC AUP*[1]
Vehicle Rentals AUP NP NP NP NP NP NP NP UP(PH) AUP*
[1] NP AUP* [1]

23.204.140(B)(3)

23.204.160(B)(3);

23.204.160(D)(3)(a)
Vehicle Repair
and Service
AUP NP NP NP NP NP NP NP NP AUP*
[1] NP AUP* [1] 23.204.160(D)(3)(a)
Vehicle Sales,
New

AUP NP NP NP NP UP(P
H)* NP NP UP(PH) AUP*
[1] NP AUP* [1]

23.204.140(B)(3)

23.204.160(B)(3);

23.204.160(D)(3)(a)
Vehicle Sales,
Used

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

23.204.100(B)(3);

23.204.140(B)(3);

23.204.140(D)(4)

23.204.160(B)(3);

23.204.160(D)(3)(a)
Vehicle Wash UP(P

H) NP NP NP NP NP NP NP NP UP(PH)
* NP UP(PH)*

23.204.140(B)(3)

23.204.160(B)(3);

23.204.160(D)(3)(a)

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Ordinance No. 8,034-N.S. Page 12 of 51

COMMERCIAL DISTRICTS

USE-SPECIFIC

C-C C-U C-N C-E C-NS C-SA C-T C-SO C-DMU C-W C-AC C-SP
Vehicle
Wrecking NP NP NP NP NP NP NP NP NP NP NP NP
Industrial and Heavy Commercial Uses
Bus/Cab/Truck/P
ublic Utility
Depot
– – – – – – – – – – – –* 23.204.160(D)(3)(a)
Commercial
Excavation
UP(P
H)
UP(P
H)
UP(P

H) UP(PH) UP(PH) UP(P
H)
UP(PH
) UP(PH) – NP UP(P
H) NP
Contractors Yard – – – – – – – – – AUP -- NP
Dry Cleaning
and Laundry
Plant
UP(P
H)
UP(P
H) NP – UP(PH) NP NP NP UP(PH) NP NP NP
Laboratory
Research and
Development
Under 20,000
sq. ft.

ZC ZC -- -- ZC -- ZC -- ZC ZC -- ZC 23.204.040(E)
Research and
Development,
20,000 sq. ft.
or larger
AUP AUP -- -- AUP -- AUP -- AUP AUP -- AUP 23.204.040(E)

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Ordinance No. 8,034-N.S. Page 13 of 51

COMMERCIAL DISTRICTS

USE-SPECIFIC

C-C C-U C-N C-E C-NS C-SA C-T C-SO C-DMU C-W C-AC C-SP
Commercial,
Physical or
Biological
Testing
AUP AUP NP NP NP NP NP NP AUP NP NP AUP 23.204.040(E)
Cannabis
Testing
AUP AUP NP NP NP NP NP NP AUP AUP [2] NP AUP [2]
Manufacturing
Construction
Products
– – – – – – – – UP(PH) NP
Light
Manufacturing
– – – – – – – – AUP [1] -- AUP* [1]

23.204.160(B)(4)

23.204.160(D)(3)(a)
Pesticides/He
rbicides/Fertili
zers
– – – – – – – – UP(PH) -- NP
Petroleum
Refining and
Products
– – – – – – – – UP(PH) -- NP
Pharmaceutic
als
– – – – – – – – UP(PH) -- UP(PH)* 23.204.160(D)(3)(a)
Primary
Production
– – – – NP – – – – UP(PH) -- NP

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Ordinance No. 8,034-N.S. Page 14 of 51

COMMERCIAL DISTRICTS

USE-SPECIFIC

C-C C-U C-N C-E C-NS C-SA C-T C-SO C-DMU C-W C-AC C-SP
Manufacturing
Semiconducto
rs
– – – – NP – – – – UP(PH) -- UP(PH)* 23.204.160(D)(3)(a) Material
Recovery
Enterprise
– – – – – – – – – – -- --* 23.204.160(D)(3)(a)
Media
Production
UP(P
H)
UP(P
H)
UP(P

H) UP(PH) UP(PH) UP(P
H)
UP(PH
) UP(PH) UP(PH)
* AUP UP(P
H) AUP 23.204.130(B)(4)
Mini-storage UP(P
H) NP NP NP NP NP NP – UP(PH) NP NP NP
Recycled
Materials
Processing
– – – – – – – – – – -- --* 23.204.160(D)(3)(a)
Recycling
Redemption
Center
AUP AUP AUP AUP AUP AUP AUP AUP AUP AUP AUP AUP* 23.204.160(D)(3)(a) Repair Service,
Non-Vehicle
– – – – – – – – – AUP -- AUP* 23.204.160(D)(3)(a)
Research and
Development
– – – – – – – – – -- -- --* 23.204.160(D)(3)(a)
Services to
Buildings and
Dwellings
– – – – – – – – – AUP -- AUP* 23.204.160(D)(3)(a)

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Ordinance No. 8,034-N.S. Page 15 of 51

COMMERCIAL DISTRICTS

USE-SPECIFIC

C-C C-U C-N C-E C-NS C-SA C-T C-SO C-DMU C-W C-AC C-SP
Warehouse UP(P
H) NP NP NP NP NP NP – UP(PH) NP NP NP
Warehouse-
Based Non-Store
Retailer
– – – – -- – – – – – -- --* 23.204.160(D)(3)(a)
Wholesale Trade – – – – -- – – – – AUP -- AUP* 23.204.160(D)(3)(a) Incidental Uses
Amusement
Devices
AUP* AUP* AUP* AUP* AUP* AUP* AUP* AUP* AUP* AUP* UP(P
H) AUP* 23.302.070(B)
Alcoholic
Beverage
Service
See 23.310
Cafeteria, On
Site
UP(P
H)
UP(P
H)
UP(P
H)
UP(P

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

ZC ZC ZC ZC ZC ZC ZC ZC ZC ZC ZC ZC
Food Service
Establishment,
Under 3,000 sq.
ft.

ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC* 23.310.030

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Ordinance No. 8,034-N.S. Page 16 of 51

COMMERCIAL DISTRICTS

USE-SPECIFIC

C-C C-U C-N C-E C-NS C-SA C-T C-SO C-DMU C-W C-AC C-SP
Food Service
Establishment,
3,000 sq. ft. or
larger
AUP* AUP* AUP* AUP* AUP* AUP* AUP* AUP* AUP* AUP* AUP* ZC* 23.310.030 Live
Entertainment
Unamplified

ZC ZC ZC ZC ZC ZC ZC ZC ZC ZC ZC ZC
Live
Entertainment
Amplified

AUP AUP AUP AUP AUP AUP AUP AUP AUP AUP AUP AUP
Manufacturing AUP AUP UP(P

H) UP(PH) NP UP(P
H) AUP AUP AUP AUP AUP AUP* 23.204.160(B)(4)
Retail Sale of
Goods
Manufactured
On-Site

ZC ZC ZC ZC ZC ZC ZC ZC ZC AUP ZC ZC
Storage of
Goods (>25%
gross floor area)
AUP* AUP* AUP* AUP* AUP* AUP* AUP* AUP* AUP* AUP* AUP AUP* 23.302.020(C) Wholesale
Activities
AUP* AUP* UP(P
H)* UP(PH)* NP AUP* AUP* AUP* AUP* AUP AUP AUP 23.204.080(B)(3) Other Miscellaneous Uses
Art/Craft Studio ZC ZC ZC ZC ZC ZC ZC ZC ZC ZC ZC ZC

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Ordinance No. 8,034-N.S. Page 17 of 51

COMMERCIAL DISTRICTS

USE-SPECIFIC

C-C C-U C-N C-E C-NS C-SA C-T C-SO C-DMU C-W C-AC C-SP
ATM, Exterior
and Attached to
Bank
AUP AUP AUP UP(PH) AUP AUP AUP AUP* AUP AUP AUP AUP*

23.204.120(B)(2)

23.204.160(D)(3)(a)
ATM, Interior or
Exterior and Not
With Bank
UP(P
H)
UP(P
H)
UP(P

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

23.204.130(B)(2)

23.204.160(D)(3)(a)
Circus/Carnival UP(P
H)
UP(P
H)
UP(P

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

H) UP(PH)
Drive-in Uses UP(P

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

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

AUP AUP AUP AUP AUP AUP AUP AUP AUP
UP(PH)

AUP AUP
Public Market,
Enclosed
AUP AUP AUP AUP AUP AUP AUP AUP AUP AUP [2] AUP ZC
Short-Term
Rental
See 23.314 NP NP See 23.314 NP See 23.314 NP See 23.314

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Ordinance No. 8,034-N.S. Page 18 of 51

COMMERCIAL DISTRICTS

USE-SPECIFIC

C-C C-U C-N C-E C-NS C-SA C-T C-SO C-DMU C-W C-AC C-SP
Urban
Agriculture, Low-
Impact
ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC ZC ZC
Urban
Agriculture,
High-Impact
AUP* AUP* AUP* AUP* AUP* AUP* AUP* AUP* AUP* AUP AUP AUP

23.318
Wireless
Telecommunicati
on Facility
See 23.332—Wireless Communication Facilities
Notes:
[1] Requires a Use Permit if either 5,000 sq. ft. or more of floor area or 10,000 square feet or more of lot area. [2] Requires a Use Permit if more than 10,000 sq. ft.

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Ordinance No. 8,034-N.S. Page 19 of 51
Section 3. That Table 23.204-2 New Floor Area Permit Requirements within BMC Chapter 23.204.030 is amended to read as follows:

Table 23.204 2: New Floor Area Permit Requirements

DISTRICT/NEW GROSS FLOOR AREA
PERMIT

REQUIRED FOR

NEW FLOOR
AREA

C-C, C-U, C-SP
Less than 5,000 sq. ft. ZC
5,000 sq. ft. or more UP(PH)
C-N, C-E, C-SO (any amount of new floor area) UP(PH)
C-NS
Less than 2,000 sq. ft. ZC
2,000 sq. ft. or more UP(PH)
C-SA
Less than 3,000 sq. ft. ZC
3,000 sq. ft. or more UP(PH)
C-T -
Less than 1,500 sq. ft. AUP
1,500 sq. ft. or more UP(PH)
C-DMU
Less than 10,000 sq. ft. ZC
10,000 sq. ft. or more UP(PH)
C-W
5,000 sq. ft. or more except when an AUP is required below UP(PH) 7,500 sq. ft. or less in a building containing only retail uses AUP 20,000 sq. ft. or less in a building with residential and retail space that is more than 15% and less than 33% of the floor area being created AUP C-AC
New Main Building or New Dwelling Unit UP(PH)
Addition of 5,000 sq ft or more UP(PH)
Section 4. That Table 23.204-3 Tenant Space Reconfiguration Permit Requirements within BCM Chapter 23.204.030 is amended to read as follows:

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Ordinance No. 8,034-N.S. Page 20 of 51
TABLE 23.204 3: Tenant Space Reconfiguration Permit Requirements District
Permit Required for Tenant
Space Reconfiguration
Project

C-C, C-U
Less than 5,000 sq. ft. ZC
5,000 sq. ft. or greater AUP
C-N, C-E, C-NS, C-SO (All reconfiguration projects) AUP C-SA, C-DMU, C-AC No additional permit required
C-T
Increasing the number of individual tenant spaces ZC
5,000 sq. ft. or greater AUP
Creating a tenant space less than 1,000 sq. ft. AUP

C-W, C-SP
Less than 5,000 sq. ft ZC
In existing buildings in a designated node affecting 5,000 sq. ft. or greater AUP
Section 5. That Table 23.204-4 Commercial Recreation Center Permit Requirements within BMC Chapter 23.204.040 is amended to read as follows:

Table 23.204-4: Commercial Recreation Center Permit Requirements

DISTRICT/USE SIZE PERMIT REQUIRED

C-C, C-U, C-T, C-DMU, C-W
Under 5,000 sq. ft indoor use ZC
5,000 to 10,000 sq. ft. indoor use AUP
Over 10,000 sq. ft. indoor use or outdoor use of any size UP(PH)

C-N, C-E, C-NS, C-SA, C-SO, C-AC
Under 3,000 sq. ft indoor use AUP
Over 3,000 sq. ft. indoor use or outdoor use of any size UP(PH) C-SP
Under 10,000 sq. ft. indoor use ZC
Over 10,000 sq. ft. indoor use or outdoor use of any size AUP Section 6. That Section 23.204.140(A) is amended to read as follows:

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Ordinance No. 8,034-N.S. Page 21 of 51
A. District Purpose. The purpose of the West Berkeley Commercial (C-W) district is to:

1. Implement the Avenue Commercial Land Use designation;

2. Provide locations for commercial services which primarily serve area residents and/or businesses;

3. Support the retention and attraction of a balance of both smaller and larger stores and restaurants;

4. Provide appropriate locations for commercial services which serve a citywide or broader clientele;

5. Provide a relatively compact, clearly bounded set of commercial areas in West Berkeley, so as to both improve the quality of West Berkeley shopping environments and to prevent commercial overspill into industrial areas;

6. Encourage the intensification of commercial activity at designated nodes to help develop more pedestrian-oriented environments at those locations;

7. Increase the opportunities for development of housing in commercial areas to support local retailing and use of transit lines and opportunities for mixed use projects combining pedestrian-oriented neighborhood-serving uses with mixed income housing in locations abutting residential districts;

8. Encourage appropriately intense development in underutilized portions of commercial streets;

9. Promote development compatible with adjacent commercial, residential and industrial areas;

10.Provide a location for cultural and performing arts activities; and

11.promote environmental protection for the residents and workers both within and adjacent to the district from such detriments as noise, fumes, and other detrimental environmental effects.

Section 7. That Sections 23.204.140(B) is amended to read as follows B. Land Use Regulations

1. General. See Table 23.204-1: Allowed Land Uses in the Commercial Districts.

2. Mixed-Use Residential.
(a) See Table 23.204-40 for mixed-use residential permit requirements I the C-W district.

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Ordinance No. 8,034-N.S. Page 22 of 51
Table 23.204-40. C-W Mixed Use Residential Permit Requirements Total Floor Area Permit
Required
Projects with both residential and retail uses where the retail space comprises 15% to 33% of total gross floor area
Less than 20,000 square feet ZC
20,000 square feet or more UP(PH)
All other mixed-use residential projects
Less than 5,000 square feet ZC
5,000 to 9,000 square feet AUP
More than 9,000 square feet UP(PH)
(b) All new retail uses in an existing mixed-use development are subject to the permit requirements for mixed use development as shown in Table

23.204-40.

3. Langendorf Building. See Section 23.206.030.D– Additional Permit Requirements (Langendorf Building).

Section 8. That Section 23.204.140(D) is amended to read as follows D. Designated Node.

1. Purpose. The purposes of the designated nodes in the C-W district are to:
(a) Intensify retail, commercial, and mixed-use activity around major intersections;
(b) Reflect and reinforce the major existing and developing concentrations of pedestrian-oriented uses;
(c) Encourage intensified development around transit transfer points;

2. Location. Properties designated as nodes in the C-W district are shown in Figure 23.204-7: C-W Designated Node.

3. Ground Floor Uses. The ground floor of buildings in the designated node may be used only for the following:
(a) Retail sales
(b) Personal and household services

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Ordinance No. 8,034-N.S. Page 23 of 51
(c) Retail financial services (banks)
(d) Food and alcohol service
(e) Tourist Hotel and Tourist Motel
(f) Entertainment and assembly uses
(g) Gasoline/vehicle fuel stations
(h) Vehicle repair uses
(i) New car sales
(j) Used vehicles sales
(k) Required access to and lobbies serving upper-story uses

4. Prohibited Uses. The following uses are not permitted in the designated node:
(a) Vehicle rentals
(b) Used vehicle sales when not principally in buildings (c) Vehicle washes
(d) Tire sales and service
(e) Open air markets
(f) Circus/carnivals
(g) Public utility substation buildings, tanks

5. Findings. To approve a Use Permit or AUP for a project in the designated node, the review authority must find that the project supports the development of a strong retail commercial and pedestrian-oriented environment at the node.

Factors the review authority should consider when making this finding include:
(a) The placement of store entrances relative to the street and parking lots; and
(b) The size and prominence of display windows and areas facing the sidewalk.

Figure 23.204-7: C-W Designated Node

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Ordinance No. 8,034-N.S. Page 24 of 51

Section 9. That BMC Section 23.204.160 be added to read as follows:

A. District Purpose. The purpose of the San Pablo Avenue Commercial (C- SP) district is to:

1. Implement the General Plan’s designation for Avenue Commercial, as well as the policies of the San Pablo Avenue Specific Plan;

2. Encourage the intensification of commercial activity at designated nodes to help develop more pedestrian-oriented environments at those locations;

3. Increase the opportunities for development of housing in commercial areas to support local retailing and use of transit lines and opportunities for mixed use projects combining pedestrian-oriented neighborhood-serving uses with mixed income housing in locations abutting residential districts; and

4. Promote development compatible with adjacent commercial, residential and industrial areas.

B. Allowed Land Uses.

1. General. See Table 23.204-1.

2. Mixed Use Buildings. In all mixed-use buildings, all stories above the second story shall be used for residential uses.

3. Automotive Uses.
a) As used in this paragraph, “automotive use” means a use classified in Table 23.204-1 as a vehicle service and sales use, except for vehicle parts store. “Automotive site” means a site

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Ordinance No. 8,034-N.S. Page 25 of 51
which was legally used or approved for use as an automotive use as of March 1, 1997.
b) On lots in the C-SP district with frontage on San Pablo Avenue:
i. An automotive use may be established only on an
automotive site; and
ii. If an automotive use on an automotive site is
discontinued for a period of two years or more, it may not be re-established.

4. Light Manufacturing Use. Light manufacturing is permitted with a Zoning Certificate subject to conformance with the following conditions to minimize potential negative impacts on surrounding properties:
a) Production methods shall be limited to the use of hand tools or small-scale, light mechanical equipment occurring solely within an enclosed building where such production requires no
outdoor operations or storage, and do not produce noise, vibration, or air pollution that will endanger neighboring properties.
b) On-site sales of goods produced on site, as well as incidental sales, are permitted.

5. Temporary Uses. The following temporary uses are permitted with a Zoning Certificate as specified below:
a) Public Market, Enclosed. A temporary public market is allowed within either a vacant commercial space or a space occupied by a legally established commercial use, for a period not to exceed three years.
b) Food Service Establishment. A temporary food service establishment is allowed within either a vacant commercial space or a space occupied by a legally established commercial use, for a period not to exceed three years.

6. Outdoor Temporary Uses on Private Property. A temporary outdoor use may be conducted as follows:
a) The following businesses are not covered by this
subsection:
i. Delivery-Only (Cannabis) Retailers.
ii. Liquor Stores/Wine Shops.

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Ordinance No. 8,034-N.S. Page 26 of 51
iii. Adult-Oriented Businesses.
iv. Smoke Shops.
v. Firearm/Munitions Businesses
b) Zoning Certificate.
i. A business may conduct business outdoors on a
temporary basis subject to approval of a Zoning
Certificate and compliance with 23.204.160(B)(5)(d)(iv) operating standards.
ii. An application for a Zoning Certificate must be
accompanied by a site plan, business description and
operational plan that certifies compliance with

23.204.160(B)(5)(d)(vii) operating standards.
iii. The operator of the temporary use must have the
written permission of the property owner.
c) Time Period. An outdoor temporary use allowed in this subsection shall not exceed one year. A time extension is not allowed unless approved by the Zoning Officer.
d) Operating Standards.
i. A 10-foot setback is required from any property in a residential district.
ii. Operating Hours are limited to 9 a.m. to 9 p.m.

Operating Hours include the time that the business is
open for customer access to the departure of the last
patron.
iii. Temporary outdoor lighting fixtures must be oriented in a manner to direct light away from adjacent parcels.
e) Existing Parking and Loading. Non-residential parking and loading requirements on private property are temporarily suspended if the outdoor use displaces areas designated for these purposes.
f) Temporary Fixtures and Structures. Movable fixtures such as tables and chairs, umbrellas, heaters, generators, trucks or trailers must be stored in a secure place on private property when not in use.
g) Safety.

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Ordinance No. 8,034-N.S. Page 27 of 51
i. If the Temporary Outdoor Use is located within an
active parking lot, a business must provide temporary
barriers to separate vehicle traffic from pedestrians
and commercial activity.
ii. If the Temporary Outdoor Use fully occupies a parking lot, a business must provide temporary barriers to
prevent vehicle traffic from entering the parking lot.
h) Remedies. A Zoning Certificate for a Temporary Outdoor Use may be revoked for non-compliance with any
conditions in this subsection.
.

C. Additional Permit Requirements. See BMC Section 23.204.030- Additional Permit Requirements
D. San Pablo Avenue Designated Nodes.

1. Purpose. The purposes of the designated nodes in the C-SP district are to:
a) Intensify commercial activity around major intersections; b) Reflect and reinforce the major existing and developing concentrations of pedestrian-oriented uses;
c) Help define the urban form of San Pablo Avenue by developing identifiable areas of concentrated commercial activity. d) Encourage commercial uses that promote social interaction and collaboration.

2. Location. Properties designated as nodes in the C-SP district are shown in Figure 23.204-8: C-SP Designated Nodes.

3. Ground Floor Uses.
a) Prohibited Uses. The following uses are prohibited on the Ground Floor in designated nodes:
i. ATM, Exterior and Attached to Bank.
ii.ATM, Interior or Exterior and Not with Bank.
iii. Banks and Financial Services, Retail.
iv. Bus/Cab/Truck/Public Utility Depot.
v. Business Support Services.
vi. Group Living Accommodation.

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Ordinance No. 8,034-N.S. Page 28 of 51
vii. Insurance Agents, Title Companies, Real Estate Agents, Travel Agents.
viii.Kennels and Pet Boarding.
ix. Large Vehicle Sales and Rental.
x. Live/Work units.
xi. Manufacturing.
xii. Material Recovery Enterprise.
xiii.Multi-Unit Residential
xiv. Municipal Animal Shelter.
xv. Parking Lot/Structure.
xvi. Public Utility Substation Buildings, Tanks.
xvii. Recycled Materials Processing.
xviii. Recycling Redemption Center.
xix. Repair Service, Non-Vehicle.
xx. Research and Development.
xxi. Services to Buildings and Dwellings.
xxii. Single-Family Residential.
xxiii. Small Vehicle Sales and Service.
xxiv. Tire Sales and Service.
xxv. Used vehicle sales when not principally in buildings. xxvi. Vehicle Repair and Service.
xxvii. Vehicle Rentals.
xxviii. Vehicle Sales, new.
xxix. Vehicle Wash.
xxx. Warehouse-Based Non-Store Retailer.
xxxi. Wholesale Trade.
b) Zoning Certificate Exceptions. Entertainment establishments are permitted in designated nodes with a Zoning Certificate.

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Ordinance No. 8,034-N.S. Page 29 of 51
c) Residential Uses, Ground Floor. Residential uses are permitted on the ground floor where located behind a non- prohibited use. The residential use must meet the following standards.
i. Occupy a minimum of 50-foot depth of the ground floor street frontage; and
ii. Occupy the full extent of the building frontage, excluding required utilities, driveways, pedestrian access and
residential lobby.

4. Findings. To approve a Use Permit or AUP for a project in a designated node, the review authority must find that the project supports the purposes in Section 23.204.160(D)(1).

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Ordinance No. 8,034-N.S. Page 30 of 51
Figure 23.204-8. C-SP Designated Nodes

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Ordinance No. 8,034-N.S. Page 31 of 51
D. Development Standards.

1. Basic Standards. See Table 23.204-45.

TABLE 23.204-45: C-SP DEVELOPMENT STANDARDS

PROJECT LAND USE

BASIC STANDARDS NON-

RESIDENTIAL

ONLY OR

MIXED-USE

SUPPLEMENTAL

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

23.304.020– Lot
Requirements
Residential Density
Minimum (du/acre) No minimum 100
Maximum (du/acre) No maximum No maximum

23.106.100 –
Residential
Density
Private Open Space, Minimum
Per Dwelling Unit or
Live/Work Unit 40 sq. ft.

Per Group Living
Accommodation Resident
No minimum
No minimum

23.204.160(E)(3)
– Private Open
Space
Floor Area Ratio, Maximum 3.0 4.25
Main Building Height,
Minimum No minimum No minimum
Main Building Height,
Maximum
75 ft. and 5
stories
75 ft. and 7
stories

23.304.050–
Building Height
Lot Line Setbacks, Minimum See Table

23.204-46
See Table

23.204-46

23.304.030–
Setbacks

23.304.131 –
Non-Residential
Districts Abutting
a Residential
District

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Ordinance No. 8,034-N.S. Page 32 of 51
Building Separation, Minimum No minimum No minimum

23.304.040 –
Building
Separation in
Residential
Districts
Lot Coverage, Maximum 100% 100% 23.304.120– Lot
Coverage

2. Minimum Setbacks. Minimum setbacks apply to the ground floor only and are based on the ground floor frontage type either required or allowed. Figure 23.204-9: Ground-Floor Frontage Types in Designated Nodes shows the locations where certain ground-floor frontage types are required within Designated Nodes. Outside of Designated Nodes, any ground floor frontage type is allowed. Table 23.204-46: C-SP Ground Floor Setback Standards shows the required ground-floor lot line setbacks in the C-SP district. Required frontage types are described in the San Pablo Avenue Specific Plan Design Standards document.

3. Parapet Walls. For roofs with parapet walls, building height is measured to the top of the roof. Parapets may exceed the height limit by up to 5 feet as of right.

TABLE 23.204-46: C-SP GROUND-FLOOR SETBACK STANDARDS

LOT LINE & PROJECT GROUND FLOOR FRONTAGE

TYPE REQUIRED SETBACK
Front [1]
Storefront and Active No minimum
Residential and Live/Work [2] Minimum 5 ft.

Maximum 8 ft.

Rear No minimum
Interior Side [3] No minimum
Street Side No minimum
Notes:
[1] Applies to parcels fronting a public street or a privately-owned public open space. [2] Applies also to the second floor when the ground-floor clear ceiling height is less than 12 feet, measured from sidewalk grade.
[3] Applies also to frontage along an abutting mid-block public access easement.

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Ordinance No. 8,034-N.S. Page 33 of 51
Figure 23.304-9: Ground Floor Frontage Types in Designated Nodes

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Ordinance No. 8,034-N.S. Page 34 of 51

4. Private Open Space Requirements. The following standards apply to the C-SP district only and supersede requirements in Section

23.304.090 – Usable Open Space.
(a) Purpose. These requirements are intended to provide high quality private open spaces for active and passive recreation.

They establish minimum standards for the size and location of such spaces, as well as provisions for privacy.
(b) Applicability. Private open space required in Table 23.204-45 may be satisfied by providing common private open space and/or personal private open space.
(c) Definitions.
a. For the purposes of this section, Common Private Open Spaces are courtyards, sport courts, outdoor dining
areas, community rooms, recreational amenities, rooftop amenities, play areas, and gardens for communal use
within a development.
b. For the purposes of this section, Personal Private Open Space is an individual yard, terrace, balcony, porch, or deck that is directly accessible from the associated
residential unit.
(d) General Standards. Private Open Space may not contain areas designated for off-street parking and loading, service areas, driveways, required walkways or other features used for access to dwelling units.
(e) Design Standards. Common and Personal Private Open Space design shall comply with the standards listed in the San Pablo Avenue Specific Plan Design Standards.

5. Public Open Space Incentives. To encourage the creation of high- quality, publicly accessible open space within private development in the C-SP district, a development project may provide up to 70 percent of the total private open space required in Table 23.204-45 through one or more of the following types of public open space. (a) Sidewalk Expansion. For the purposes of this section, a sidewalk expansion is an additional ground-floor setback beyond the minimum or maximum required in Table 23.204-46. i. Location. Applies only to parcels fronting San Pablo Avenue, Gilman Street, Cedar Street, Hopkins Street,
University Avenue, Dwight Way, and Ashby Avenue.

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Ordinance No. 8,034-N.S. Page 35 of 51
ii. Design. Sidewalk design shall comply with the
standards listed in the San Pablo Avenue Specific Plan
Design Standards. The final design shall be approved
by the Public Works Department.
iii. Incentive. Each square foot of sidewalk space
provided beyond the required ground-floor setback is
counted as 1.5 square feet of Private Open Space as
required in this section.
(b) Privately Owned Public Open Space (POPOS). For the
purposes of this section, POPOS are courtyards, plazas, parks, walkways and gardens for use by the public on privately owned land.
i. Location. POPOS must be located within a designated
node, as shown in Figure 23.204-8.
ii. Design. POPOS design shall comply with the
standards listed in the San Pablo Avenue Specific Plan
Design Standards.
iii. Maintenance. Maintenance of the POPOS shall be the responsibility of the property owner.
iv. Incentive. A POPOS is allowed the following
incentives, subject to meeting all of the requirements in this section:
a. Each square foot of POPOS is counted as 2 square
feet of private open space as required in this section; and
b. Wavier of any plan review fees levied by the City
related only to the POPOS.
c) Side Street Plaza. For the purposes of this section, a Side Street Plaza is a conversion of a minor street that intersects with San Pablo Avenue into a plaza through either limiting or removing vehicle access.
i. Location. The applicant shall propose a location
consistent with Policy PR-P.14 Side-Street Plazas in
the San Pablo Avenue Specific Plan. The final location
shall be approved by the Public Works Department.
ii. Design. Side Street Plazas shall comply with the
standards listed in the San Pablo Avenue Specific Plan

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Design Standards. The final design shall be approved
by the Public Works Department.
iii. Ownership and Maintenance. The ownership and
maintenance of the Side Street Plaza shall be defined
through an ordinance and a Memorandum of
Understanding between the property owner and the
City.
iv. Incentive. A Side Street Plaza is allowed the following incentives, subject to meeting all of the requirements in this section:
a. 1 square foot of Side Street Plaza credited in lieu of 2 square feet of required Private Open Space.
b. Waiver of any plan review fees levied by the City
related only to the Side Street Plaza.
c. Waiver of any additional City regulations and/or
fees, at the discretion of the City.
(d) Mid-Block Passages. For the purposes of this section, a mid- block passage is a privately-owned, publicly accessible path within a development project that provides a mid-block
connection to enhance pedestrian and multimodal circulation. i. Location. Mid-block passages are permitted on lots
that: (1) exceed 170 linear feet of site frontage along either San Pablo Avenue or University Avenue; and (2)
have frontage on opposite sides of a block.
ii. Design. Mid-block passages shall comply with the
standards listed in the San Pablo Avenue Specific Plan
Design Standards.
iii. Incentive. Each square foot of mid-block passage is counted as 1.5 square feet of Private Open Space as
required in this chapter.

E. Design Standards.

1. Applicability. New buildings and alterations to existing buildings, with the exception of automotive uses on an automotive site (BMC Section

23.204.160(B)(3) (Automotive Uses), shall be reviewed for compliance with the San Pablo Avenue Specific Plan Design Standards document.

2. Exceptions. The Design Review Committee or Design Review staff may grant exceptions to the design standards set forth in the San Pablo

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Avenue Specific Plan Design Standards document upon making the findings required for such exceptions included in that document.

F. Permit Findings. To approve any AUP or Use Permit for a project in the C-SP district, the review authority must make the findings in Section 23.406.040-Use Permits and find that the proposed use or structure:

1. Is consistent with the purpose of the district; and

2. Encourages utilization of public transit in the area of the proposed building.

Section 10. That the lines “Multi-Unit Residential” and “Mixed-Use Residential” in Table 23.206-1: Allowed Land Uses in Manufacturing Districts within BMC Section

23.206.020 are amended to read as follows:

Manufacturing Districts
ZC = Zoning Certificate
AUP = Administrative Use
Permit
UP(PH) = Use Permit
-- = Permitted with an AUP,
see 23.206.020(B)
NP = Not Permitted
[#] = Floor Area Permit
Requirement
* Use-Specific Standards
Apply

M MM MU-LI MU-R MR-D
Use-Specific Standards
Applies to uses with an asterisk
following the permit requirement
(e.g., ZC*)
Residential
Uses
Multi-Unit
Residential
NP NP NP* ZC* NP

23.206.090(B)(8);

23.406.070(C)(2)(d);

23.206.090(E)
Mixed-Use
Residential
NP NP NP* UP(PH)* NP 23.206.090(B)(7);

23.206.090(E)
Section 11. That Section 23.206.040(R) is amended to read as follows R. Vocational Schools in the MU-LI and M-RD Districts. A vocational school in the MU-LI or M-RD district must provide training for occupations and/or industries found within the area bounded by the City of Albany to the north, the City of Emeryville/Oakland to the south, San Pablo Avenue to the east and the Eastshore Freeway to the west.

Section 12. That Section 23.206.050(A)(4) is amended to read as follows

4. Replacement Space. Floor area occupied by a protected industrial use that is changed to a non-protected use must be replaced within the area bounded by the City of Albany to the north, the City of Emeryville/Oakland to the south, San Pablo Avenue to the east and the Eastshore Freeway to the west by a comparable space devoted to one or more of protected industrial uses.

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Section 13. That Section 23.206.050(B)(4)(a) is amended to read as follows (a) To approve a permit required by Table 23.206-9, the review authority must find that space occupied by the existing non- industrial protected use will be replaced with a comparable space within the area bounded by the City of Albany to the north, the City of Emeryville/Oakland to the south, San Pablo Avenue to the east and the Eastshore Freeway to the west which is reserved for use by any protected use in the same category. Such replacement space may not qualify for
exemption under Paragraph 3 (Owner-Occupied Exemption)
above or by reason of having been established after July 6, 1989.

Section 14. That Section 23.206.060(A)(1) is amended to read as follows

1. Implement the Manufacturing Land Use designation;
Section 15. That Section 23.206.070(A)(1) is amended to read as follows

1. Implement the Manufacturing Land Use designation;
Section 16. That Section 23.206.080 is amended to read as follows

23.206.080 MU-LI Mixed Use-Light Industrial District
A. District Purpose. The purpose of the Mixed Use-Light Industrial (MU-LI) district is to:

1. Implement the Manufacturing Land Use designation;

2. Encourage development of a mixed use-light industrial area for a range of compatible uses;

3. Encourage development of an area where light manufacturers can operate free from the economic, physical and social constraints caused by incompatible uses;

4. Encourage the creation and continuation of well-paid jobs which do not require advanced degrees;

5. Provide for the continued availability of manufacturing and industrial buildings for manufacturing uses, especially of larger spaces needed by medium sized and larger light manufacturers;

6. Provide opportunities for office development when it will not unduly interfere with light manufacturing uses and/or the light manufacturing building stock;

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7. Provide the opportunity for laboratory development and research and development facilities in appropriate locations;

8. Support the development of businesses which contribute to the maintenance and improvement of the environment;

9. Allow on-site ancillary retail as a tool to maintain and enhance the economic viability of manufacturers in the district; and

10.Maintain and improve the quality of the West Berkeley environment, while allowing the lawful and reasonable operation of light industrial uses.

B. Land Use Regulations.

1. Allowed Land Uses. See Table 23.206-1: Allowed Land Uses in Manufacturing Districts

2. Use Permit Not Required. An existing use in the MU-LI district may be modified or intensified without a Use Permit if:
(a) A Use Permit is not required by this chapter; and
(b) The Zoning Officer determines that the modification or intensification of the use can reasonably be expected not to increase any impact regulated under environmental performance standards.

3. Alcoholic Beverage Retail Sales. Alcoholic beverage retail sales are allowed in the MU-LI district only when incidental to food product stores.

4. Theaters. Only live stage performances are allowed in a theater in the MU-LI district. Motion picture theaters are not permitted.

5. Vehicle Wrecking. Permits required for vehicle wrecking the MU-LI district is determined by size of lot, not floor area.

6. Affordable and Family Housing Opportunity Areas. To increase affordable housing production and expand the supply of family-sized units, the MU-LI district shall include an Affordable and Family Housing Opportunity Area as shown in Figure 23.206-1. Multi-unit and mixed-use residential uses shall be allowed within the Affordable and Family Housing Opportunity Area with a UP(PH), provided that the development project either:
a) Offers 100 percent of the residential units, excluding any manager’s unit, at a rent that is affordable to households earning no more than 120 percent of the Area Median Income (AMI) with at least 50% earning no more than 80% AMI; or
b) Provides at least 35 percent of the residential units as either two- or three-bedroom units.

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Figure 23.206-1: Affordable and Family Housing Opportunity Area in the MU-LI District

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C. Additional Permit Requirements. See Section 23.206.030-Additional Permit Requirements.

D. Development Standards.

1. Basic Standards. See Table 23.206-12: MU-LI Development Standards.

TABLE 23.206-12: MU-LI DEVELOPMENT STANDARDS

BASIC STANDARDS SUPPLEMENTAL

STANDARDS
Lot Area, Minimum No minimum 23.304.020-Lot
Requirements
Usable Open Space Per Dwelling Unit, Minimum n/a
Floor Area Ratio, Maximum 2.0
Main Building Height, Maximum 45 ft. 23.304.050-
Building Height
Lot Line Setbacks, Minimum
Front No minimum
Rear No minimum
Interior Side No minimum
Street Side No minimum

23.304.030-
Setbacks
Building Separation, Minimum No minimum
Lot Coverage, Maximum 100%

2. Affordable and Family Housing Opportunity Areas. Multi-unit and mixed-use residential projects on parcels located within the Affordable and Family Housing Opportunity Area as shown in Figure 23.206-1 shall comply with the development standards in the San Pablo Commercial (C-SP) District (see

23.204.160).

F. Permit Findings. See Section 23.206.110 – Permit Findings.

Section 17. That Section 23.206.090(A)(1) is amended to read as follows

1. Implement the Mixed Use Land Use designation;
Section 18. That Section 23.206.110(A) is amended to read as follows A. All Manufacturing Districts. To approve an AUP or a Use Permit in a Manufacturing District, the review authority must find that the project:

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1. Is consistent with the purposes of the district;

2. Is compatible with the surrounding uses and buildings;

3. Complies with the policies of the General Plan; and

4. Meets any applicable performance standards for off-site impacts.

Section 19. That Table 23.302-2 Permit Requirements for Outdoor Uses within BMC Chapter 23.302 is amended to read as follows:

TABLE 23.302 2: Permit Requirements for Outdoor Uses
DISTRICT/USE CHARACTERISTICS [1] PERMIT

REQUIRED
All Commercial Districts Except for C-W
Not abutting a residential district AUP
Abutting a residential district UP(PH)

C-W, C-SP
Not abutting a residential district and less than 10,000 s. ft. AUP Abutting a residential district UP(PH)
10,000 sq. ft. or more UP(PH)
M, MM, M-RD [2]
Less than 20,000 sq. ft. ZC
20,000 sq. ft. or more AUP
MU-LI
Less than 20,000 sq. ft. ZC
20,000 to 30,000 sq. ft. AUP
More than 30,000 sq. ft. UP(PH)
MU-R
Not abutting a residential district AUP
Abutting a residential district UP(PH)
Notes:
[1] Size is measured as the lot area of the outdoor activity or storage [2] In the M, MM, and M-RD districts, permits are required only for activity or storage not ancillary to a permitted use.

Section 20. That section 23.302.020(D)(5) within BMC Chapter 23.302.020 is amended to read as follows:

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5. C-W and C-SP Districts. In the C-W and C-SP districts, uses outside of a building must be permitted or incidental to permitted use in the district.

Section 21. That Table 23.302-1 Allowed Hours of Operation within BMC Chapter

23.302 is amended to read as follows:

DISTRICT ALLOWED HOURS OF OPERATION
PERMIT

REQUIRED TO

EXTEND HOURS

C-C, C-U, C-NS, C-AC,

C-W, C-SP, C-N, C-E,

C-SO, C-SA, MU-R
6:00 a.m. – 12:00 midnight AUP
C-T, C-DMU 24 hours per day 7 days a week N/A
Section 22. That Section 23.302.070(E)(3) is amended to read as follows:

3. C-SP District Requirements.
(a) Food service drive-through is not permitted on properties fronting San Pablo Avenue.

Section 23. That Table 23.302-7 Permit Requirements for Parking Lots/Structures within BMC Chapter 23.302.070 is amended to read as follows:

Table 23.302-7: Permit Requirements for Parking Lots/Structures

DISTRICT PERMIT REQUIRED
Residential Districts
R-3 Use Permit for all parking lots and structures. [1]

R-S, R-SMU, R-
BMU
Use Permit for parking structures only. Parking lots are not permitted, except on lots between Acton Street and Virginia Gardens and between Peralta Avenue and Northside Avenue in the R-BMU.

All other
residential
districts
Use Permit for all parking lots and structures.

Commercial Districts
C-C, C-U Zoning Certificate for parking lots and structures with 5 spaces or fewer. Use Permit for more than 5 spaces.

C-SO AUP for parking lots and structures with 5 spaces or fewer. Use Permit for more than 5 spaces.

C-DMU AUP for parking lots with 8 spaces or fewer. Use Permit for all parking structures. Lots with more than 8 spaces not permitted.

C-N, C-E, C- Use Permit for all parking lots and structures.

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NS, C-SA
C-T Use Permit for all parking structures. All parking lots not permitted.

C-W, C-SP AUP for parking lots and structures with 10 spaces or fewer. Use Permit for parking lots and structures with more than 10 spaces. [2] Manufacturing Districts
M, MM
AUP for parking lots and structures with 10 or fewer spaces exclusively for uses in the district. Use Permit for parking lots and structures with any number of spaces not exclusively for uses in the district.

MU-LI, M-RD
Zoning Certificate for parking lots and structures with 10 or fewer spaces exclusively for uses in the district. AUP for parking lots and structures with 11 spaces or more exclusively for uses in the district.

Use Permit for parking lots and structures with any number of spaces not exclusively for uses in the district.

MU-R
Zoning Certificate for parking lots and structures exclusively for uses in the district. Use Permit for parking lots and structures not exclusively for uses in the district.

Notes:
[1] Parking lots and structures in the R-3 district are not permitted within the Southside Plan area
[2] Parking lots and structures in the C-SP district are not permitted within Designated Nodes (see Section 23.204.160(D).

Section 24. That Table 23.304-3 within BMC Chapter 23.304.030 is amended to read as follows:

Table 23.304-3: Setbacks Adjacent to Residential Districts Minimum Lot Line Setback when Lot Line Abuts or Confronts a Lot in a Residential District
District Front Rear Interior
Side Street Side

C-C, C-U, C-

N, C-E, C-

NS, C-SA, C-

SO, C-DMU,

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

Same as required in
adjacent Residential
District [1]
C-SP 5 ft. [2] No minimum 5 ft. 5 ft. [2]
C-T No minimum 5 ft. 4 ft.

MU-R 10 ft. [1] 10 feet or 10% of the lot width, whichever is less [3]

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Notes:
[1] In the MU-LI and MU-R districts, setback may be reduced to the smaller of front setbacks on abutting lot with an AUP. [2] Applies only to the portion of the parcel located within 30 ft. of an abutting Residential District. [3] This applies to lots that abut or confront a lot either in a Residential District or containing one or more dwelling units.

Section 25. That Section 23.304.050(C) is amended to read as follows C. Parapets Allowed Above Height Limit. Parapets may exceed the height limit by up to five feet as of right in the following districts:

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

2. The C-DMU district (see Section 23.204.130(E)(1)(b)).

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

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

5. The C-SP district (see Section 23.204.160(E)(3)).

Section 26. That Section 23.304.140 is amended to read as follows A. Downtown Area Plan. Projects in the Downtown Area Plan boundaries are subject to the applicable mitigation measure in the adopted Mitigation Monitoring Program of the Downtown Area Plan Final EIR.

B. Southside Plan.

1. Mitigation Measures. Projects in the Southside Plan boundaries are subject to the applicable mitigation measures in the adopted Mitigation Monitoring Program the Southside Plan Final EIR.

2. Permit Findings. To approve an AUP or Use Permit for a project in the Southside Plan boundaries, the review authority must find that the project complies with the Southside Plan’s adopted Mitigation Monitoring Program (MMP).

C. Adeline Corridor Plan. Projects in the Adeline Corridor Plan boundaries are subject to the applicable mitigation measure in the adopted Mitigation Monitoring Program of the Adeline Corridor Plan Final EIR.

D. Ashby and North Berkeley BART Stations Transit-Oriented Development Zoning Project. Projects in the Ashby and North Berkeley BART Stations Transit-Oriented Development Zoning Project boundaries are required to implement all the applicable mitigation measures in the adopted Mitigation Monitoring Program of the Ashby and North Berkeley BART Stations Transit- Oriented Development Zoning Project EIR.

E. San Pablo Avenue Specific Plan. Projects in the San Pablo Avenue Specific Plan boundaries are subject to the applicable mitigation measure in the adopted

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Mitigation Monitoring Program of the 2023-2031 Housing Element Update Final EIR.

Section 27. That Section 23.312.040(E) be added to read as follows E. C-SP District. In addition to the standards in Subsection A (All Districts) above, the following live/work standards apply in the C-SP district.

1. Only ground floor space may be changed to live/work units.

2. Live/work units are prohibited in C-SP Designated Nodes (see Section

23.204.160(D).

Section 28. That Section 23.312.050(D)(1) is amended to read as follows

1. Establishment of a live/work unit will not interfere with the lawful operation of manufacturers and other industries existing in or adjacent to the district.

Section 29. That Section 23.322.050(B)(2)(c)(1) within BMC Chapter 23.322 is amended to read as follows
i. The parking requirement modification will improve and support alternative transportation, as well as pedestrian improvements and activity.

Section 30. That the line “Modifications to Development Standards in West Berkeley Plan Area” in Table 23.402-1 in BMC Chapter 23.402.020(B) is amended to read as follows
Modifications to
Development
Standards in
West Berkeley

23.406.080 Evaluate -- -- - Decision -- Appeal
Section 31. That Section 23.406.060(A)(1) is amended to read as follows

1. Facilitate the implementation of the General Plan and area plans; Section 32. That Section 23.406.070(B)(1)(a) is amended to read as follows

1. Design Review is required for:
a) Projects in all Non-Residential Districts except for Residential Uses in the MU-R zoning district, and projects located within the San Pablo Avenue Specific Plan Area.

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Section 33. That Section 23.406.080 within BMC Chapter 23.406 is amended to read as follows

23.406.080 – Modification of Development Standards in West Berkeley A. Purpose. A Modification of Development Standards is a discretionary approval to modify land use and development standards for development projects in West Berkeley. For the purposes of this section, West Berkeley is defined as the area bounded by the City of Albany to the north, the City of Emeryville/Oakland to the south, San Pablo Avenue to the east and the Eastshore Freeway to the west.

The purpose of these modifications is to:

1. Facilitate the implementation of the General Plan;

2. Facilitate the reuse of large and multi-user sites which might otherwise prove difficult to reuse;

3. Facilitate the development and reuse of large, multi-user sites as integrated units in a stable and desirable environment to benefit occupants, the neighborhood, and the city as a whole; and

4. Allow modifications of standards when:
(a) The modifications serve the overall purposes of their districts and the General Plan on large, complex sites; and
(b) The design of the project is compatible with the design and character of the surrounding area.

B. Eligibility. A project must satisfy the following criteria to be eligible for a Modification of Development Standards.

1. More than 50 percent of the site area must be within a C-W, C-SP, MU-LI, MM or M district.

2. The site must be either:
(a) At least five contiguous acres within the City boundary under a single ownership and not primarily occupied by a conforming use; or (b) Less than five acres and forms a full city block bounded on all sides by public streets (exclusive of alleys), mainline railroad tracks, and/or the borders of the City.

C. Allowed Modifications. The ZAB may allow modifications to the following land use and development standards:

1. Permitted location of land uses within a building, site, or district.

2. Development standards including but not limited to, height, yards, open space, and parking.

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D. Project Phases. The ZAB may approve a Modification of Development Standards application to allow a project to be built in phases.

E. Limitation. A Modification of Development Standards may not allow any modification that would violate Section 23.206.050 (Protected Uses).

F. Review Authority. The ZAB takes action on all Modification of Development Standards applications.

G. Public Notice and Hearing. The ZAB shall review and act on a Modification of Development Standards application at a noticed public hearing in compliance with Chapter 23.404 (Common Permit Requirements).

H. Findings for Approval.

1. To approve a Modification of Development Standards, the ZAB shall make all of the following findings:
(a) The site is eligible for a Modification of Development Standards under Subsections B (Eligibility) and E (Limitation);
(b) The project is likely to advance the purposes of the General Plan and this section;
(c) The project supports the attraction and/or retention of the types of businesses reflected in the purpose statement of the applicable district. (d) The modification is necessary and appropriate for the development of the proposed project.

2. To approve a Modification of Development Standards, the ZAB shall also make all required Use Permit findings in Section 23.406.040 (Use Permits) and any additional Use Permit findings required by the Zoning Ordinance for the use or development in the applicable district.

Section 34. Copies of this Ordinance shall be posted for two days prior to adoption in the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way. Within 15 days of adoption, copies of this Ordinance shall be filed at each branch of the Berkeley Public Library and the title shall be published in a newspaper of general circulation.

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EXISTING AND PROPOSED ZONING MAPS
Map 1. Project Area – Existing West Berkeley Commercial Zoning District (C-W)

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Map 2. Project Area – Proposed San Pablo Avenue Commercial Zoning District (C-SP)

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Ordinance No. 8,034-N.S. Page 51 of 51
At a regular meeting of the Council of the City of Berkeley held on September 29, 2026, this Ordinance was passed to print and ordered published by posting by the following vote:

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

Noes: None.

Absent: None.

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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
October 13, 2026
To: Honorable Mayor and Members of the City Council From: Paul Buddenhagen, City Manager
Submitted by: Henry Oyekanmi, Director, Finance
Subject: Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on October 13, 2026

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

FISCAL IMPACTS OF RECOMMENDATION
Total estimated cost of items included in this report is $2,240,000.00 PROJECT Fund Source Amount
Accessible Wheelchair Van
Transportation Services for Older Adults
and Individuals with Disabilities
136 Measure BB Paratransit
$240,000
On-Demand Transportation Services for
Older Adults and Individuals with
disabilities
136 Measure BB Paratransit
$2,000,000
Total $2,240,000

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

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Formal Bid Solicitations and Request for Proposals CONSENT CALENDAR Scheduled for Possible Issuance After Council October 13, 2026, Approval on October 13, 2026

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

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

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

ALTERNATIVE ACTIONS CONSIDERED
None.

CONTACT PERSON
Henry Oyekanmi, Director, Finance, 510-981-7326
Attachments:
1: Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on October 13, 2026
a. Accessible Wheelchair Van Transportation Services for Older Adults and Individuals with Disabilities
b. On-Demand Transportation Services for Older Adults and Individuals with Disabilities
Note: Original of this attachment with live signature of authorizing personnel is on file in Finance Department General Services Division.

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NEXT 30 DAYS
DATE SUBMITTED: October 13, 2026
Attachment 1

SPECIFICATION
NO.

DESCRIPTION OF GOODS /

SERVICES BEING

PURCHASED
APPROX. RELEASE
DATE
APPROX. BID

OPENING DATE
INTENDED USE ESTIMATED COST BUDGET CODE TO BE CHARGED DEPT. / DIVISION CONTACT NAME & PHONE 27-11810-C Accessible Wheelchair Van
Transportation Services for
Older Adults and Individuals
with Disabilities
10/14/26 11/13/2026 The City of Berkeley is soliciting
proposals from qualified entities
to provide accessible wheelchair
van transportation for older
adults and individuals with
disabilities within the City's
designated service area.
$240, 000 for four
years
FY28:$60,000   FY29:
$60,000  FY30:
$60,000 FY31:
$60,000
136-51-505-542-2038-000-444-634230 -
HHAMBB2301  Non-Personnel Cost: Van
Voucher Regular and HHAMBB2301: Non-
Personnel Cost: Van Voucher High
Medical Need Program
HHCS: Aging Services Marty Triston 510-981-5135
27-11811-C On-Demand Transportation
Services for Older Adults and
Individuals with disabilities
10/14/26 11/13/2026 The City of Berkeley is soliciting
proposals from qualified entities
to provide and/or coordinate
same-day, on-demand
transportation for older adults
and individuals with disabilities
within the City's designated
service area.
$2,000,000 for four
years                 FY28:
$500,000  FY29:
$500,000  FY30:
$500,000 FY31:
$500,000
136-51-505-542-2038-000-444-634230 -
HHAMBB2301 Non-Personnel Cost:

Consultant
HHCS: Aging Services Marty Triston 510-981-5136
TOTAL $2,240,000
1 of 1

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

CONSENT CALENDAR
October 13, 2026
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Scott Gilman, Director, Health, Housing & Community Services Subject: Contract No. 31900009 Amendment: Building Opportunities for Self- Sufficiency for McKinley House – 2111 McKinley Avenue, Berkeley, CA 94703

RECOMMENDATION
Adopt a Resolution authorizing the City Manager or designee to execute an amendment to Contract No. 31900009 with Building Opportunities for Self-Sufficiency (BOSS) for property management services at 2111 McKinley Avenue in Berkeley, updating the funding source designation from the Mental Health Services Act (MHSA) to the Behavioral Health Services Act (BHSA) and increasing the contract allocation by $104,473.63 to a total amount not to exceed $1,015,606.52.

FISCAL IMPACTS OF RECOMMENDATION
Additional funds for the scope of work in the amount of $104,473.63 are currently available in the Fiscal Year 2027 budget in Fund 315. This amendment maintains continuity of service through Fiscal Year 2027 by increasing the amount and transitioning the contract from Mental Health Service Act (MHSA) to Behavioral Health Service Act (BHSA) revenue sources as required by California Proposition 1. No additional general fund impact will occur, as all expenditures are fully offset by state BHSA grant distributions.

CURRENT SITUATION AND ITS EFFECTS
BOSS has served as the property manager for 2111 McKinley Avenue for many years, providing vital, reliable service. The property houses six clients of Berkeley’s Mental Health Division’s Full Service Partnership (FSP) program. This is the most intensive level of community-based treatment enabling some of the most vulnerable individuals to live successfully in the community.

BOSS has indicated that, after this fiscal year, they can no longer provide the services covered by this contract due to the cost of operations exceeding the funding provided and has requested that the City find a new provider within that timeframe. A new Request for Proposals for McKinley House will be issued during the third quarter of Fiscal Year 2027.

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Contract No. 31900009 Amendment CONSENT CALENDAR
McKinley House – 2111 McKinley Avenue, Berkeley, CA 94703 October 13, 2026 Effective January 1, 2026, local agencies are required to satisfy noticing requirements for certain contracts for services that meet the criteria outlined in Government Code Section 3504.1 as amended by AB 339. This project does not meet the criteria in Government Code Section 3504.1 and is exempt from the noticing requirement.

BACKGROUND
BOSS’s McKinley House program advances the City’s Strategic Plan goal to create affordable housing and housing support service for our most vulnerable community members. The City owns the parcel located at 2111 McKinley Avenue (Alameda County Assessor’s Parcel No. 52-2017-16-1), known as McKinley House. The land is improved with a seven-unit apartment building. Six of those units are utilized as supportive housing units for FSP program clients, and one unit is used for an onsite property manager.

The Mental Health Division and BOSS have successfully collaborated through the years in providing housing and supportive services at McKinley House starting in 2016. The framework for the partnership consists of the City leasing McKinley House to BOSS and providing funding for support services. The Mental Health Division refers FSP participants to the property and provides ongoing treatment services to participants.

BOSS subleases individual housing units to these eligible participants and provides property management services.

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

RATIONALE FOR RECOMMENDATION
BOSS has been providing property management services at 2111 McKinley Avenue for many years and has done so in a satisfactory capacity.

ALTERNATIVE ACTIONS CONSIDERED
Staff did not identify an alternative action that would be consistent with the adopted BHSA Three-Year Integrated Plan.

CONTACT PERSON
Jeffrey Buell, Manager of Behavioral Health Services, (510) 981-7682 Conor Murphy, Associate Management Analyst, HHCS, (510) 981-7611 Attachments:
1: Resolution

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

CONTRACT NO. 31900009 AMENDMENT: BUILDING OPPORTUNITIES FOR SELF-

SUFFICIENCY FOR MCKINLEY HOUSE
WHEREAS, Building Opportunities for Self Sufficiency (BOSS) has operated McKinley House as supportive housing for homeless families for many years; and WHEREAS, a contract authorizing BOSS to provide property management services at McKinley House was approved by the Council of the City of Berkeley by Resolution No. 67,748-N.S. on November 29, 2016; and
WHEREAS, the Master Lease and Property Management Agreement for McKinley House was approved by the Council of the City of Berkeley by Ordinance No. 7,619-N.S. on July 24, 2018; and
WHEREAS, on December 15, 2020, by Resolution No. 69,651-N.S., City Council approved an amendment to Contract No. 31900009; and
WHEREAS, on October 26, 2021, by Resolution No. 70,077-N.S., City Council approved an amendment to Contract No. 31900009; and
WHEREAS, on September 12, 2023, by Resolution No. 71,029-N.S., City Council approved an amendment to Contract No. 31900009; and
WHEREAS, on October 14, 2025, by Resolution No. 71,980-N.S., City Council approved an amendment to Contract No. 31900009; and
WHEREAS, this contract is exempt from the noticing requirements set forth in Government Code Section 3504.1; and
WHEREAS, funding in the amount of $104,473.63 from Fund 315 is available in the Fiscal Year 2027 budget; and
WHEREAS, this amendment maintains continuity of service through Fiscal Year 2027 by transitioning the contract to Behavioral Health Services Act (BHSA) revenue sources, and no additional general fund impact will occur, as all expenditures are fully offset by state BHSA grant distributions.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager or designee is authorized to execute a contract amendment with Building Opportunities for Self-Sufficiency (BOSS) to provide property management services for McKinley House through June 30, 2027, in an amount not to exceed $1,015,606.52 and funded through the Behavioral Health Services Act Fund 315. A record signature copy of said contract and any amendments to be on file in the City Clerk Department.

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

CONSENT CALENDAR
October 13, 2026
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Janelle Rodrigues, Director, Human Resources Subject: Cost-Neutral Berkeley Chief Fire Officers Association (BCFOA) Medical Expense Reimbursement Plan (MERP) Side Letter Agreement

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute the Side Letter Agreement between the City of Berkeley and the Berkeley Chief Fire Officers Association (BCFOA) concerning the disposition of eligible unused sick leave conversion value for employees hired before June 30, 2014, and to authorize immediate implementation of the agreement pending Council ratification.

FISCAL IMPACTS OF RECOMMENDATION
The agreement is cost neutral. It does not change the amount or percentage of unused sick leave value for which an eligible employee may qualify. It changes only the destinations to which the existing value may be directed. Accordingly, approval creates no additional City expenditure beyond obligations already established under the applicable memorandum of understanding.

CURRENT SITUATION AND ITS EFFECTS
The City and BFCOA negotiated the MERP side letter during 2025 and reached agreement on the substantive language in late fall 2025. The side letter was circulated for signature in December 2025. A substantively parallel agreement with the Berkeley Fire Fighters Association (BFFA) was fully executed by February 2026 and has been approved for implementation. The BCFOA agreement remains pending based on advice that Council approval and ratification are required.

BACKGROUND
Under the existing MOU language, eligible employees hired before June 30, 2014 may receive a percentage conversion of unused sick leave based on the number of unused days. The negotiated side letter does not alter the eligibility criteria, conversion percentage, or monetary value. It permits an eligible employee to direct the existing conversion value to one or more authorized retirement-related destinations, including a City of Berkeley deferred compensation plan, a 401(a) supplemental retirement plan, CalPERS service credit, the City's SRIP II plan, or the employee's MERP retiree medical account.

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CONSENT CALENDAR
Ratification of Cost-Neutral BCFOA MERP Side Letter Agreement October 13, 2026

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Human Resources initially planned to incorporate the language into a broader BCFOA tentative agreement for later Council approval. The anticipated retirement of two BCFOA members makes that approach impracticable because the employees may separate before the broader agreement can be completed and approved.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no identifiable environmental sustainability or climate impacts associated with this action.

RATIONALE FOR RECOMMENDATION
The parties completed bargaining over this issue and agreed to a framework that provides employees greater control over the disposition of an existing benefit without increasing the City's cost. The parallel BFFA agreement has already been executed.

ALTERNATIVE ACTIONS CONSIDERED
Incorporate the language only into a broader BFCOA tentative agreement. This remains an option for prospective MOU administration but does not address the immediate retirement timing issue.

CONTACT PERSON
Janelle Rodrigues, Human Resources Director, Human Resources Department, (510) 981-6800
Attachments:
1: Resolution
Exhibit A: BCFOA MERP Side Letter Agreement

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

BERKELEY CHIEF FIRE OFFICERS ASSOCIATION MERP SIDE LETTER

AGREEMENT
WHEREAS, the City of Berkeley and the Berkeley Chief Fire Officers Association (BCFOA) negotiated and reached agreement on a side letter concerning the disposition of eligible unused sick leave conversion value for employees hired before June 30, 2014; and
WHEREAS, the side letter does not increase the amount, percentage, or value of the unused sick leave benefit conversion and is therefore cost neutral to the City; and WHEREAS, the side letter permits eligible employees to direct the existing conversion value to authorized retirement-related destinations, including a City deferred compensation plan, a 401(a) supplemental retirement plan, CalPERS service credit, the City's SRIP II plan, or an employee's Medical Expense Reimbursement Plan (MERP) retiree medical account; and
NOW THEREFORE BE IT RESOLVED that the City Manager, Human Resources Director, and their designees are authorized to take the administrative actions necessary to implement the agreement in accordance with its terms.

Exhibit A
BCFOA MERP Side Letter Agreement

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Human Resources Department
2180 Milvia Street ▪ First Floor ▪ Berkeley ▪ CA ▪ 94704 Levon Thaxton II
President, Berkeley Chief Fire Officers Association
Re: Side Letter – Sections 3.5.5, 4.2.6.10 thru 4.2.6.13 Mr. Thaxton:

This letter of understanding is to confirm the agreement reached between the City of Berkeley (the “City”) and Service Berkeley Chief Fire Officers Association, (the “Union”), regarding the above referenced matter.

The agreement is as follows:

1. Members of BCFOA who remain eligible to utilize unused sick leave hours upon termination shall forgo the option to cash out and will be allowed to transfer this credit to their Trust account.

There is no financial impact to the City as a result of this side-letter.

Thus, the MOU will be modified as follows:

3.5.5 Accrued Sick Leave Cancelled Upon Termination
For employees hired after June 30, 2014, all accumulated sick leave shall be canceled when an employee terminates or is terminated, except for purposes of converting sick leave to service credit as defined by the City’s contract with CalPERS. All accumulated sick leave shall be canceled when an employee terminates or is terminated.

Sick Leave Payment at Retirement or Termination for Employees Hired on or Before June 30, 2014: All For employees hired on or before June 30, 2014 all accumulated sick leave shall be canceled when an employee terminates or is terminated, except for employees that retire (non-disability) or voluntarily terminate with twenty (20) years of service, or retires on permanent disability arising out of and incurred in the course and scope of their employment with the City , pursuant to terms set forth in Section

4.2.6.1130.1.6, shall be entitled to apply any portion of the value defined by the table below of the sick leave accrual to any portion of the value of the sick leave accrual to a the City of Berkeley Deferred Compensation Plan up to allowable IRS limits, the City of Berkeley 401(a) Supplemental Retirement Plan, the City of Berkeley SRIP II Plan, apply accrued sick leave hours to service credit in accordance with the City’s agreement with CalPERS, or absent such election, the City shall implement the sick leave transfer to the employee’s Medical Trust account . receive payment at retirement or termination of unused sick leave days, based on the following schedule:

Number of Unused Sick Leave Days Percentage Payout
0-74 Days 38%

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Re: BCFOA Side Letter
75-99 Days 41%
100-124 Days 44%
125-149 Days 47%
150 and over 50%
This pay-out schedule shall also apply to any employee retiring on permanent disability arising out of and incurred in the course and scope of his or her employment with the City. Employees hired on or after July 1, 2014 shall not be eligible for payment of any unused sick leave days.

4.2.6.10 Inclusion/Modification of Employee Contribution and Leave Amounts: The City and the Union agree that the Union has the right, subject to approval of its members according to the Union’s internal rules, to prospectively include and/or modify the amount of the mandatory employee monthly contribution provided the amount of the total recurring contribution meets the plan minimum set forth by the Trust (currently seventy-five dollars ($75) per month) or to include a mandatory employee leave contribution during the course of this Agreement, so long as the modification is mandatory for all employees of the Defined Class.

4.2.6.11 Sick Leave Transfer at Retirement: For every employee in the Defined Class, hired on or before June 30, 2014 that retires (non-disability) or voluntarily terminates with twenty (20) years of service, or retires on permanent disability arising out of and incurred in the course and scope of their employment with the City, the City shall, upon the employee’s retirement from the City, irrevocably contribute to the employee’s Trust account on a pre-tax basis, an amount equal in value to one-hundred percent (100%) of the payments that would otherwise be paid to or on behalf of the employee for unused sick leave.

4.2.6.121 The employee, by written election received by the City no later than ninety (90) days prior to separation, may elect to apply any portion of the value of the sick leave accrual pursuant to terms set forth in this section, to the City of Berkeley Deferred Compensation Plan up to allowable IRS limits, the City of Berkeley 401(a) Supplemental Retirement Plan, the City of Berkeley SRIP II Plan, or apply accrued sick leave hours to service credit in accordance with the City’s agreement with CalPERS.

Absent such election, the City shall implement the sick leave transfer to the employee’s Medical Trust account as set forth above.

4.2.6.13 No employee in the Defined Class shall have the option to receive a cash payout for the value of the accrued sick leave in lieu of making contributions to the Trust, deferred compensation plan, or CalPERS service credit.

4.2.6.1431 New employees, hired on or after July 1, 2024, shall contribute $75.00 per month to the employee’s IAFF RMT and after completing five (5) continuous years of service, the City shall contribute an additional $225.00 per month to the employee’s IAFF RMT account until they have separated from city service. New employees hired on or after July 1, 2024 shall not be eligible to receive the benefits described in Sections 4.2.6.1, 4.2.6.2, and 4.2.6.3.

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

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

If this is your understanding of the agreement reached, please sign as indicated below.

Sincerely,
Janelle Rodrigues
Human Resources Director
WHEREFORE, the parties by and through their authorized agents and representatives agree to the terms of this Side Letter Agreement.

AGREED TO FOR THE CITY: AGREED TO FOR THE UNION:
_________________________ __________________________
Paul Buddenhagen Levon Thaxton II
City Manager President, BCFOA
APPROVED AS TO FORM:
________________________
Farimah Faiz Brown
City Attorney

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

CONSENT CALENDAR
October 13, 2026
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Kevin Fong, Director, Information Technology Subject: Contract No. 31900122-1 Amendment: Rolling Orange, Inc. Website Maintenance and Support

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 31900122-1 with Rolling Orange, Inc. for additional website maintenance and support for an amount not-to-exceed $115,000 over two years, and a total contract value not-to- exceed $909,300 from March 1, 2019 to June 30, 2028. The City intends to conduct an RFP at the end of FY2027 to establish a new contract by July 1, 2028.

FISCAL IMPACTS OF RECOMMENDATION
Funding for the additional professional services is available in the Fiscal Year (FY) 2027 and 2028 IT Cost Allocation Fund as outlined below. Spending in future years for this amendment is subject to Council approval of the proposed citywide budget and annual appropriation ordinances.
$62,000 FY 2027: Professional Services
Budget Code: 680-35-361-000-0000-000-472-612990-
(IT Cost Allocation, Business Applications, Professional Services) $53,000 FY 2028: Professional Services
Budget Code: 680-35-361-000-0000-000-472-612990-
(IT Cost Allocation, Business Applications, Professional Services) $115,000 FY 2027 and FY 2028: Total Professional Services

CURRENT SITUATION AND ITS EFFECTS
BerkeleyCA.gov is the City’s primary public-facing website and serves as a critical resource for accessing City information, programs, services, and online transactions. In 2025, the website served more than 1.1 million users and averaged approximately 5,500 sessions per day.

The website operates on Drupal, an open-source content management system that requires specialized technical expertise to maintain its security, architecture, accessibility,

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Contract No. 31900122-1 Amendment: CONSENT CALENDAR
Rolling Orange, Inc. for Website Maintenance and Support October 13, 2026

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performance, and functionality. City staff manage website content, communications, and day-to-day administration; however, existing staff do not have the capacity or specialized Drupal development and engineering expertise necessary to perform advanced software maintenance, security updates, system architecture, deployments, custom development, accessibility remediation, and complex technical troubleshooting.

The City therefore relies on Rolling Orange to provide specialized Drupal maintenance and technical support for BerkeleyCA.gov. The annual maintenance agreement provides security and software updates, technical troubleshooting, accessibility and usability improvements, deployment and development support, and emergency assistance for issues affecting website availability, performance, or functionality.

A significant current priority is ensuring that BerkeleyCA.gov meets new federal digital accessibility requirements under Title II of the Americans with Disabilities Act (ADA), which become applicable to the City in April 2027. The City contracted with the Blind Institute of Technology (BIT), an organization specializing in digital accessibility, to independently assess BerkeleyCA.gov and identify areas requiring remediation.

The assessment identified several accessibility issues that Rolling Orange has begun to address. Rolling Orange has prioritized those issues with the greatest accessibility impact. Continued specialized Drupal development and accessibility services are necessary to complete this work and support the City’s compliance with applicable federal requirements by April 2027. Selecting a new vendor would be disruptive to the solution in place and would require excessive time and effort to conduct the vendor change.

Maintaining ongoing technical support is also important to the security and reliability of the website. Drupal and its associated software modules require regular security patches, upgrades, testing, and maintenance. Without specialized support, the City would face increased risk of security vulnerabilities, website outages, degraded functionality, delayed accessibility remediation, and disruptions to online services relied upon by the community.

Additional spending authority is requested to continue Rolling Orange’s Drupal maintenance and technical support services, complete priority accessibility remediation, and maintain a secure, reliable, and accessible City website.

Effective January 1, 2026, local agencies are required to satisfy notice requirements for certain service contracts that meet the criteria established under Government Code Section 3504.1, as amended by AB 339. The City has satisfied this requirement and determined that this work is exempt.

This work supports the City’s Strategic Plan priority to be a customer-focused organization that provides excellent, timely, and easily accessible services and information to the community.

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Contract No. 31900122-1 Amendment: CONSENT CALENDAR
Rolling Orange, Inc. for Website Maintenance and Support October 13, 2026

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BACKGROUND
In February 2018, the City issued Request for Proposals (RFP) No. 17-1118-C for the redesign of the City’s website and implementation of a new web content management system with secure, high-performance offsite hosting.

The City received 25 proposals. A multi-departmental evaluation team reviewed the proposals and conducted two rounds of interviews and software demonstrations. Rolling Orange received the highest overall evaluation scores and was selected to implement the new website and content management system.

In October 2018, through Resolution No. 68,651-N.S., the City Council authorized the City Manager to enter into a contract with Rolling Orange for website redesign, web content management system implementation, and ongoing support.

Beginning in 2019, Rolling Orange worked with the Communications Division of the City Manager’s Office and City departments to design and develop a new public-facing website focused on improving access to City information and services. The redesigned BerkeleyCA.gov website, built on the Drupal content management system, launched in May 2022.

Since the launch, Rolling Orange has provided ongoing maintenance, development, and technical support for BerkeleyCA.gov. This work has included security and software updates, troubleshooting, accessibility improvements, maintenance of custom website functionality, and enhancements to online tools and services.

Recent improvements have included:
 Updating the Permit Fee Estimator to reflect new rates;  Updating address data used by the Council District Lookup tool;  Implementing accessibility improvements to improve access for people with disabilities; and
 Applying security updates to Drupal and contributed software modules.

In 2026, the City increased its focus on digital accessibility in preparation for new federal requirements under Title II of the Americans with Disabilities Act. The Communications Division engaged the Blind Institute of Technology to conduct an independent accessibility assessment of BerkeleyCA.gov and has also worked with the Commission on Disability to identify opportunities to improve the accessibility and usability of the City’s digital services.

Accessibility improvements implemented through the existing Rolling Orange maintenance agreement have included improved keyboard navigation, alternative text for user-interface icons and graphics, and screen-reader labels for navigation controls.

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Contract No. 31900122-1 Amendment: CONSENT CALENDAR
Rolling Orange, Inc. for Website Maintenance and Support October 13, 2026

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ENVIRONMENTAL SUSTAINABILITY
The improvements in website ease-of-use and availability of online services helps reduce travel associated with on-site visits to City offices. The improved functionality of the website has increased the efficiency of internal processes by reducing paper-based processes resulting in an environmentally sound and cost-effective information technology infrastructure.

Additionally, moving the website from onsite to offsite hosting has reduced the City’s server and storage computing needs as well as ongoing maintenance needed to maintain the equipment. It also provides redundancy in case of a disaster such as earthquake, etc.

RATIONALE FOR RECOMMENDATION
Rolling Orange was selected in an RFP (No. 17-1118-C) by a cross departmental team as the best provider for Website Redesign, Web Content Management System and Support. Rolling Orange has provided excellent implementation services and continues to provide the same level of ongoing technical support. The City intends to conduct an RFP at the end of FY2027 to establish a new contract by July 1, 2028.

ALTERNATIVE ACTIONS CONSIDERED
Alternative actions were not considered as Rolling Orange has provided an expert level of service and the City does not recommend proceeding without support at this time, as selecting a new vendor would be disruptive to the solution in place and would require excessive time and effort to conduct the vendor change.

CONTACT PERSON
Kevin Fong, Director, Information Technology, 510-981-6541 Matthai Chakko, Communications Director/Assistant to the City Manager, 510-981-7008 Crystel Hadley, Digital Communications Coordinator, Communications Division, 510- 981-7002
Attachments:
1: Resolution

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

CONTRACT NO. 31900122-1 AMENDMENT: ROLLING ORANGE, INC. FOR WEBSITE

REDESIGN, WEB CONTENT MANAGEMENT SYSTEM (CMS), AND SUPPORT WHEREAS, on February 27, 2018, the City issued a Request for Proposals (RFP) for a website redesign and web content management system and received twenty-five qualifying vendor responses; and
WHEREAS, the RFP evaluation committee evaluated the proposals and determined that Rolling Orange, Inc. best met the City’s operational, technological, and fiscal requirements; and
WHEREAS, on October 30, 2018, by Resolution No. 68,651-N.S., the Council authorized the City Manager to execute a contract with Rolling Orange, Inc. for website redesign, web content management system implementation, and support; and WHEREAS, the City launched the redesigned BerkeleyCA.gov website in May 2022 using the Drupal content management system, and Rolling Orange has continued to provide maintenance, development, and specialized technical support for the website; and WHEREAS, maintaining BerkeleyCA.gov requires specialized expertise, including software and security updates, system architecture, deployment, custom development, accessibility remediation, and complex technical troubleshooting, and the City does not have sufficient internal staff capacity or specialized Drupal expertise to perform this work; and
WHEREAS, Rolling Orange has specialized knowledge of the architecture, configuration, custom functionality, and technical environment supporting BerkeleyCA.gov, and continued services are necessary to maintain the security, reliability, accessibility, and functionality of the City’s public-facing website; and
WHEREAS, continued specialized services are also necessary to support the City’s ongoing remediation of identified website accessibility issues and efforts to meet applicable federal digital accessibility requirements under Title II of the Americans with Disabilities Act; and
WHEREAS, selecting a new vendor to provide the same services would be disruptive to the solution in place, and would require excessive time and effort to conduct the vendor change; and
WHEREAS, the City intends to conduct an RFP at the end of FY2027 to establish a new contract by July 1, 2028; and

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WHEREAS, effective January 1, 2026, Government Code Section 3504.1, as amended by Assembly Bill 339, establishes notice requirements for certain contracts for services entered into by local public agencies, and the City has reviewed the requirements of Government Code Section 3504.1 and determined that the services provided under this contract are exempt from those requirements; and
WHEREAS, funding for maintenance and support is available in the Fiscal Year 2027 and Fiscal Year 2028 IT Cost Allocation Fund (Fund 680), and expenditures in future fiscal years are subject to Council approval of the applicable citywide budget and annual appropriation ordinances.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to amend Contract No. 31900122-1 with Rolling Orange, Inc. for website redesign, web content management system, maintenance, and support services, increasing the contract amount by $115,000 for a total amount not to exceed $909,300 and extending the contract term through June 30, 2028.

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CONSENT CALENDAR
October 13, 2026
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Kevin Fong, Director, Department of Information Technology Subject: Contract No. 32000008 (11012) Amendment: Granicus, Inc. for Video Streaming Services

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to amend Contract No. 32000008 with Granicus, Inc., to continue providing live video streaming, on-demand archival video, podcasting, and web page subscription services, increasing the contract amount by $72,200 for a total not-to-exceed amount of $395,146 from July 1, 2017 to June 30, 2027.

FISCAL IMPACTS OF RECOMMENDATION
Funds for the additional software maintenance and hardware is available in the Department of Information Technology’s Fiscal Year (FY) 2027 Cost Allocation Fund (Fund 680). Funding for future fiscal years is subject to Council approval of the proposed citywide budget and annual appropriation ordinances.

CURRENT SITUATION AND ITS EFFECTS
The City of Berkeley uses the Granicus MediaManager suite of hosted services to provide public access to live and on-demand archival video via the City website at https://berkeleyca.gov/your-government/city-council/participating-city-council-meetings.

In addition, MediaManager hosts on-demand training videos for internal use by staff from all City departments. This cloud-based service provides unlimited audio and video streaming capacity, archival storage space, indefinite retention, podcasting, and system administration tools (such as video indexing and synchronized digital documents) without requiring the City to own or maintain a video hosting infrastructure. This service has allowed the City to further strengthen City’s efforts towards greater transparency, accountability, and public information accessibility seven days a week.

Effective January 1, 2026, Government Code Section 3504.1, as amended by AB 339, establishes noticing requirements for certain contracts involving services that meet specified criteria. This agreement does not meet the criteria established under Government Code Section 3504.1 and is therefore exempt from the applicable noticing requirements.

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2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: http://www.CityofBerkeley.info/Manager Video streaming City meetings is a Strategic Plan Priority Project, advancing our goal to be a customer-focused organization that provides excellent, timely, easily-accessible service and information to the community.

BACKGROUND
Granicus provides video streaming and archiving services to over 1,300 government entities across the U.S. The City originally contracted with Granicus, Inc. in 2003 to stream, index, and archive City Council meetings and host internal staff training videos.

Since then, the City has expanded its use of the platform to stream and archive meetings for several other bodies, including the Rent Stabilization Board (2006), Zoning Adjustment Board (2008), and the Successor Agency to the Berkeley Redevelopment Agency (2012).

Throughout the past ten years, Granicus has worked with the Department of Information Technology and the City Clerk Department to provide excellent video streaming, storage, archiving, training, and technical support services for Council meetings, Rent Board meetings, commission workshops, and several other City of Berkeley programs.

In 2016, Granicus merged with GovDelivery, the only digital marketing platform built exclusively for public sector organizations. The City has used GovDelivery’s web page subscription service for its public website since 2002.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Streaming City meetings online allows community members to watch these meetings remotely, which reduces greenhouse gas emissions associated with travel time to and from City Council chambers and other locations meetings are held.

RATIONALE FOR RECOMMENDATION
Granicus continues to provide a reliable, efficient, and cost-effective method of providing video streaming service to members of the public and City staff. Additionally, streaming City meetings increases the number of community members who can access City meetings. With the merger of GovDelivery, Granicus now provides the only digital marketing platform built exclusively for public sector organizations.

ALTERNATIVE ACTIONS CONSIDERED
Staff explored the possibility of hosting video streaming services in-house, however, the estimated cost of doing so (infrastructure, staff time, bandwidth, storage, and programming) exceeds the cost of contracting with Granicus for these services.

CONTACT PERSON
Kevin Fong, Director, Department of Information Technology, 981-6525 Attachments:
1: Resolution

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

CONTRACT NO. 32000008 AMENDMENT: GRANICUS, INC. FOR VIDEO

STREAMING SERVICES
WHEREAS, video streaming City meetings is a Strategic Plan Priority Project, advancing our goal to be a customer-focused organization that provides excellent, timely, easily- accessible service and information to the community; and WHEREAS, Granicus provides video streaming and archiving services to more than 1,300 cities, towns, counties, and states across the US; and WHEREAS, in 2003, the City contracted with Granicus, Inc. to stream, index, and archive City Council meetings and host internal staff training videos, subsequently expanding these services to include meetings for the Rent Stabilization Board (2006), the Zoning Adjustment Board (2008), and the Successor Agency to the Redevelopment Agency (2012); and
WHEREAS, Granicus merged with GovDelivery, who provides the web page subscription services to the City; and
WHEREAS, on June 13, 2017, by Resolution No. 68,034 – N.S., the Council approved a contract in an amount not to exceed $50,680 with Granicus for video streaming, indexing and archiving of City Council meetings; and
WHEREAS, on May 14, 2019, by Resolution No. 68,871 – N.S., the Council approved a contract extension and increased the contract amount by $156,966 and not to exceed $207,646 (Contract No. 11012) with Granicus for video streaming, indexing and archiving of City Council meetings; and
WHEREAS, on December 5, 2023, by Resolution No. 71,125 – N.S., the Council approved a contract extension and increased the contract amount by $115,300 and not to exceed $322,946 (Contract No. 11012) with Granicus for video streaming, indexing and archiving of City Council meetings; and
WHEREAS, the services provided under this contract do not meet the criteria requiring notice under Government Code Section 3504.1, as amended by AB 339, and the contract is therefore exempt from the applicable noticing requirements; and WHEREAS, funds for the additional software maintenance and hardware will be available in the Department of Information Technology’s Fiscal Year (FY) 2027 Cost Allocation fund (Fund 680), and funding for future fiscal years is subject to Council approval of the proposed citywide budget and annual appropriation ordinances.

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NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to amend Contract No. 32000008 with Granicus, Inc., for live video streaming, on-demand archival video, podcasting, and web page subscription services, increasing the contract amount by $72,200 for a total not to exceed amount of $395,146 from July 1, 2017 to June 30, 2027.

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

CONSENT CALENDAR
October 13, 2026
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Kevin Fong, Director, Information Technology Subject: Contract: Protiviti Government Services Inc (“Protiviti”): Using General Services Administration (“GSA”) Vehicle for Professional Services Purchase Orders

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to issue purchase orders with Protiviti for professional services using GSA purchasing vehicle no. GS35F-0280X for an amount not to exceed $425,000 through June 30, 2027.

FISCAL IMPACTS OF RECOMMENDATION
Funding for this contract will be provided through the FY 2027 IT Cost Allocation Fund (Fund 680).

CURRENT SITUATION AND ITS EFFECTS
The Information Technology Department is responsible for supporting several critical City technology systems, including the City’s legacy FUND$ system. FUND$ is a highly customized environment that supports essential financial and revenue functions and requires specialized technical knowledge that is not readily available within existing City resources.

The City is actively working to phase out FUND$ by transitioning its functions to modern technology platforms. This is a phased, multi-year effort due to the complexity of the system, its extensive customization, and the critical business functions that depend upon it. Furthermore, staff attrition through retirements has left the City lacking historical and institutional knowledge across many of the FUND$ modules. Until these functions are successfully transitioned, FUND$ must remain stable, secure, and fully operational to ensure continuity of City financial and revenue operations.

During this transition period, specialized expertise is particularly important. Protiviti brings deep institutional knowledge of the City’s FUND$ environment, as their team includes individuals who originally helped design the system. They provide the technical expertise necessary to maintain the existing system, address operational issues and required modifications, and support the orderly transition of functions from the legacy platform. Maintaining this expertise during the transition process reduces operational

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Protiviti Government Services: Using GSA Vehicle for Professional Services CONSENT CALENDAR October 13, 2026

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risk and helps ensure that critical services are not disrupted as individual FUND$ functions are migrated or replaced.

Continued professional services will allow the Information Technology Department to maintain appropriate support for FUND$ while advancing the City’s broader technology modernization efforts. Without this specialized support, the City could experience increased operational risk, delays in resolving system issues, and potential impacts to critical financial and revenue functions during the transition.

Effective January 1, 2026, local agencies are required to satisfy notice requirements for certain service contracts that meet the criteria established under Government Code Section 3504.1, as amended by AB 339. The City has satisfied the applicable notice requirements by providing the required notice to SEIU.

These services support the City’s strategic priority to “be a customer-focused organization that provides excellent, timely, easily accessible service and information to the community” by helping ensure the reliability, continuity, and security of technology systems that support City operations and service delivery.

BACKGROUND
Protiviti provides professional technology consulting services, including specialized technical expertise and supplemental staffing to support complex IT systems and initiatives. The City of Berkeley has previously contracted with Protiviti, with Council approval, to provide professional services to the Information Technology Department.

Protiviti has provided the City with specialized expertise to support critical technology systems, including the City’s legacy FUND$ system. Due to the age, complexity, and highly customized nature of FUND$, maintaining the system requires specialized technical knowledge that is not readily available within existing City resources. Protiviti’s familiarity with the City’s environment provides important continuity and enables the City to address operational issues, required system modifications, and other technical needs while the City transitions off the FUND$ platform.

Continued access to Protiviti’s specialized expertise will help the Information Technology Department maintain the reliability and continuity of critical City systems, address specialized technical needs, and mitigate operational risks associated with supporting legacy technology.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Where possible, Protiviti will perform services remotely, reducing the need for travel to and from City facilities and associated greenhouse gas emissions. The proposed professional services are not anticipated to result in significant environmental or climate impacts.

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Protiviti Government Services: Using GSA Vehicle for Professional Services CONSENT CALENDAR October 13, 2026

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RATIONALE FOR RECOMMENDATION
Protiviti has demonstrated the ability to provide specialized technical expertise to support the City’s complex technology environment. Of particular importance is Protiviti’s knowledge and experience supporting the City’s legacy FUND$ system, including its highly customized applications and critical financial and revenue functions.

Continuing these services will provide the Information Technology Department with specialized expertise that is not readily available within existing City resources, maintain continuity of support for critical systems, and reduce operational risk while the City continues to manage and modernize its technology environment.

ALTERNATIVE ACTIONS CONSIDERED
The City could rely solely on existing Information Technology staff or seek a new service provider. However, existing staff do not have the specialized technical expertise required to support the City’s highly customized legacy FUND$ environment. Engaging a new provider would require additional time to procure services and develop the necessary knowledge of the City’s customized systems, potentially increasing cost, delaying critical work, and creating additional operational risk.

Continuing with Protiviti provides continuity of specialized expertise and reduces the risk of disruption to critical City systems and services.

CONTACT PERSON
Kevin Fong, Director of Information Technology, (510) 981-6545 Attachments:
1: Resolution

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

PROTIVITI GOVERNMENT SERVICES (“PROTIVITI”): USING GENERAL SERVICES ADMINISTRATION (“GSA”) VEHICLE FOR PROFESSIONAL SERVICES PURCHASE ORDERS
WHEREAS, Protiviti is a professional services firm that provides specialized technology consulting and technical services to government agencies and public entities; and WHEREAS, the City of Berkeley has previously contracted with Protiviti, with Council approval, to provide professional services in support of the Information Technology Department and critical City technology systems; and
WHEREAS, the Information Technology Department is responsible for maintaining technology systems that support essential City operations and service delivery, including the City’s legacy FUND$ system; and
WHEREAS, FUND$ is a complex and highly customized legacy system that supports critical City financial and revenue functions and requires specialized technical expertise to maintain system stability, address operational issues, and implement required modifications; and
WHEREAS, the City is actively working to phase out and replace FUND$ by transitioning its functions to modern technology platforms; and WHEREAS, staff attrition via retirements has diminished the City’s internal historical and institutional knowledge across many FUND$ modules; and
WHEREAS, Protiviti retains specialized expertise, including team members who originally helped design the system, to maintain operational stability and support the migration process; and
WHEREAS, continued access to this specialized expertise is necessary to maintain continuity of critical technology operations, mitigate risks associated with the City’s legacy systems, and support other specialized Information Technology needs as required; and
WHEREAS, until this transition is complete, FUND$ must remain operational, secure, and appropriately supported to ensure continuity of critical City financial and revenue functions; and

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October 13, 2026

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WHEREAS, funds are available in the FY 2027 Information Technology Cost Allocation Fund (Fund 680); and
WHEREAS, the City has satisfied the applicable notice requirements under Government Code Section 3504.1, as amended by AB 339.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to issue purchase orders with Protiviti for professional services using GSA purchasing vehicle no. GS35F-0280X for an amount not to exceed $425,000 through June 30, 2027.

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Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7010 E-Mail: [email protected] Website: http://www.ci.berkeley.ca.us

CONSENT CALENDAR
October 13, 2026
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Scott Ferris, Director, Parks Recreation & Waterfront Subject: Contract No. 32600093 Amendment: Paymun Building and Development, Inc. for Berkeley Marina K-Dock Restroom Renovation Project

RECOMMENDATION
Adopt a resolution authorizing the City Manager to execute an amendment to Contract No. 32600093 with Paymun Building and Development, Inc. for the Berkeley Marina K- Dock Restroom Renovation Project, increasing the amount by $11,000 for an amended total amount not to exceed $451,000.

FISCAL IMPACTS OF RECOMMENDATION
This contract amendment will add an additional $11,000 to the existing construction contract with Paymun to cover the change orders needed to complete the project. The funding for this contract amendment is available in the FY2027 Marina Fund (Fund 608- 52-545-000-0000-000-479-720003-PRWT122014). No other funding is required, and no other projects will be delayed due to this expenditure.

CURRENT SITUATION AND ITS EFFECTS
The Berkeley Marina K-Dock Restroom Renovation Project will create an all gender restroom open to the public and another separate all gender restroom open to City of Berkeley Marina slip holders. Both restrooms will have multiple self-contained fully wall- enclosed single occupant water closets. The new public restroom will have two sinks and three self-contained water closets. The new slip holders restroom will have a sink, two self-contained water closets, and a single occupancy shower room with sink, shower, and water closet. New mechanical ventilation will be installed in both restrooms. A new water bottle filling station will be installed on the building exterior, and new security upgrades will be installed at the slip holders restroom.

The project has incurred additional costs due to unforeseen structural deficiencies in the existing structure, plumbing fixture incompatibilities, additional deck reinforcement, and additional electrical work necessary to complete the project. City staff have negotiated change orders covering this additional work with Paymun Building and Development Group, Inc.; Council authorization is required to implement the work.

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Contract No. 32600093 Amendment: Paymun Building and Development, Inc. CONSENT CALENDAR For Berkeley Marina K-Dock Restroom Renovation Project October 13, 2026 2 Effective January 1, 2026, local agencies are required to satisfy noticing requirements for certain contracts for services that meet the criteria outlined in Government Code Section 3504.1 as amended by AB 339. This project does not meet the criteria in Government Code Section 3504.1 and is exempt from the noticing requirement.

BACKGROUND
The restroom at K-Dock is a highly used and conveniently located public restroom at the Berkeley Marina. It serves Marina Office visitors, slip holders, boat slip holders and their guests, customers of the charter fishing boats and restaurants, and the general public.

This project is part of the City’s ongoing effort to update and maintain the deteriorated infrastructure at the Berkeley Marina. The project will help the City advance its Strategic Plan Long-term goal to provide state-of-the-art, well-maintained infrastructure, amenities, and facilities by enhancing security and ADA accessibility, and improving the restroom interior spaces with new energy and water efficient fixtures.

A community outreach meeting for the project was held in 2024. The K-Dock Restroom Renovation Project plans were permitted by City of Berkeley Building Department and the San Francisco Bay Area Conservation and Development Commission (BCDC) in 2026. The K-Dock Restroom Renovation Project was duly advertised for competitive bids on July 23, 2025, and bids were opened on August 26, 2025. Thirteen (13) bids were received ranging from a low base bid of $348,000 to a high base bid of $1,070,000. Staff determined that Paymun Building and Development, Inc. was the lowest responsive and responsible bidder and executed contract number 32600093 for a total of $440,000 including the base bid, an additive bid item, and a 10% contingency.

Construction started in March 2026 and is anticipated to be complete by the end of 2026.

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

RATIONALE FOR RECOMMENDATION
This increase to the contract is necessary to address the remaining additional structural, electrical, and decking work necessary to complete the project. The City does not have the in-house labor or equipment resources to complete these construction activities.

ALTERNATIVE ACTIONS CONSIDERED
None

CONTACT PERSON
Scott Ferris, Director, Parks Recreation & Waterfront, (510) 981-6700 Nelson Lam, Supervising Civil Engineer, PRW, (510) 981-6395

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Contract No. 32600093 Amendment: Paymun Building and Development, Inc. CONSENT CALENDAR For Berkeley Marina K-Dock Restroom Renovation Project October 13, 2026 3 Attachments:
1: Resolution

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

CONTRACT NO. 32600093 AMENDMENT: THE PAYMUN BUILDING AND DEVELOPMENT, INC. FOR THE

BERKELEY MARINA K-DOCK RESTROOM RENOVATION PROJECT
WHEREAS, the K-Dock Restroom, located at 201 University Avenue in the Berkeley Marina is in need of renovation; and
WHEREAS, the City has neither the labor nor the equipment necessary to undertake this construction work; and
WHEREAS, an invitation for bids was duly advertised on July 23, 2025, bids were opened on August 26, 2025, and the City received thirteen (13) bids; and WHEREAS, the bid from Paymun Building and Development, Inc. was the lowest responsive, responsible bidder; and
WHEREAS, the contract with Paymun Building and Development, Inc. for the K-Dock Restroom Renovation Project was executed on January 26, 2026 for a total amount not to exceed $440,000, including a construction contingency (Resolution No. 72,036-N.S.); and
WHEREAS, unforeseen structural deficiencies, electrical work, and deck repairs require additional funds to complete the work; and
WHEREAS, funding for the $11,000 is available in the FY2027 Marina Fund (Fund 608).

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to execute an amendment to Contract No. 32600093 with Paymun Building and Development, Inc. for the Berkeley Marina K-Dock Restroom Renovation Project, increasing the contract amount by $11,000 for a total amended amount not to exceed $451,000. A record signature copy of any amendments to be on file in the Office of the City Clerk.

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CONSENT CALENDAR
October 13, 2026
To: Honorable Mayor and Members of the City Council
From: Councilmember Terry Taplin (Author), Mayor Adena Ishii (Cosponsor), Councilmember Ben Bartlett (Cosponsor), and Councilmember Igor Tregub (Cosponsor)
Subject: BORP Adaptive Sports and Recreation’s 50th Anniversary Celebration:

Relinquishment of Council Office Budget Funds from General Funds and Grant of Such Funds

RECOMMENDATION
Adopt a resolution approving the expenditure of an amount not to exceed $1,000 per councilmember, including $1,000 from Councilmember Terry Taplin, $100 from Mayor Adena Ishii, and $150 from Councilmember Igor Tregub, to support BORP Adaptive Sports and Recreation’s 50th Anniversary Celebration.

FISCAL IMPACTS OF RECOMMENDATION
There are no impacts to the General Fund. The mayor and councilmembers can each contribute up to $1,000 from their discretionary office budget.

BACKGROUND
BORP began with a University of California, Berkeley class project and a city council that was willing to invest in it. Susan Sygall, a wheelchair user studying at UC Berkeley, saw that even in a city helping lead the independent living movement, people with disabilities had few opportunities to play sports or enjoy the outdoors together. She designed an adaptive recreation program for a class and, at her professor's urging, brought it to the Berkeley City Council. With cofounder Diane Schechter, she turned the idea into BORP. The council funded the proposal, and BORP was incorporated in 1976.

That beginning is central to what BORP is today: an organization built by and for its community. Rooted in Berkeley's disability rights movement, BORP creates places where disabled people can be athletes, teammates, coaches, and leaders—more than 50% of staff have disabilities. One of the first organizations of its kind, BORP has been a nationwide trailblazer and leader in the adaptive recreation space for five decades.

Berkeley has remained BORP's home through five decades of growth. Generations of athletes have practiced at the James Kenney Community Center where BORP teams still gather today. At Aquatic Park, BORP's Adaptive Cycling and Kayaking Center gives people access to the Bay Trail and the water with adaptive equipment and staff support.

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BORP Adaptive Sports and Recreation CONSENT CALENDAR 50th Anniversary Celebration October 13, 2026
Its offices and fitness studio at the Ed Roberts Campus place BORP alongside organizations that continue Berkeley's work for disability access and independence.

Today, BORP serves youth and adults with physical and vision disabilities through more than 20 weekly programs. In the past year, 1,576 people participated, up from 1,400 the year before. Programs include wheelchair basketball and rugby, goalball, adaptive cycling and kayaking, fitness, and outdoor adventures. BORP provides equipment, coaching, and accessible transportation that make participation possible with scholarships available so cost does not keep people out.

On Thursday, October 15, 2026, from 6:00 to 9:00 pm, BORP will celebrate its 50th anniversary at the University Club at California Memorial Stadium. Returning to the UC Berkeley campus brings the celebration back to where BORP's story began. Founders, athletes, alumni, and longtime supporters will gather to recognize the people who built this community and help fund the programs that keep it growing. The evening will include founders' remarks and the premiere of a film spanning BORP's five decades.

As BORP expands into Oakland, San Francisco, and San Jose, Berkeley remains its home and a gathering place for people throughout the Bay Area. The city council helped make BORP possible at its start. Supporting this milestone continues that relationship and helps ensure that even more people can find their way into sports and community.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
None.

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

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

AUTHORIZING THE RELINQUISHMENT OF COUNCIL OFFICE BUDGET FUNDS FOR BORP ADAPTIVE SPORTS AND RECREATION’S 50TH CELEBRATION WHEREAS, one of the first organizations of its kind, BORP is rooted in Berkeley's disability rights movement and has been a nationwide trailblazer and leader in the adaptive recreation space since 1976, creating places where disabled people can be athletes, teammates, coaches, and leaders—over 50% of its staff have disabilities; and WHEREAS, Berkeley has remained BORP's home through five decades of growth:
generations of athletes have practiced at the James Kenney Community Center; BORP's Adaptive Cycling and Kayaking Center in Aquatic Park gives people access to the San Francisco Bay Trail and the water with adaptive equipment and staff support; and its offices and fitness studio at the Ed Roberts Campus place BORP alongside organizations that continue Berkeley's work for disability access and independence; and WHEREAS, in the past year, 1,576 youths and adults with physical and vision disabilities (up from 1,400 the year before) participated in more than 20 weekly BORP programs, including wheelchair basketball and rugby, goalball, adaptive cycling and kayaking, fitness, and outdoor adventures, with BORP providing equipment, coaching, accessible transportation, and scholarships that truly make participation possible; and WHEREAS, on October 15, 2026, BORP will celebrate its 50th anniversary at the University Club at California Memorial Stadium, returning to UC Berkeley where its story began along with founders, athletes, alumni, and longtime supporters to recognize the people who built this community and help fund the programs that keep it growing; and WHEREAS, the Berkeley City Council helped make BORP possible at its start, so supporting this milestone continues that relationship and helps ensure that even more people can find their way into sports and community as BORP expands into Oakland, San Francisco, and San Jose—with Berkeley remaining its home and gathering place.

NOW, THEREFORE, BE IT RESOLVED that the Berkeley City Council of the City of Berkeley approves the expenditure of an amount not to exceed $1,000 from each of their discretionary office budgets to support BORP Adaptive Sports and Recreation’s 50th Anniversary Celebration.

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

CONSENT CALENDAR
October 13, 2026
To: Honorable Mayor and Members of the City Council
From: Councilmember Ben Bartlett (Author)
Subject: Creations Berkeley - Creations Dance Group Road to Hollywood Nov 27th through Nov 30th 2026 / Hip Hop Hollywood Dance Tour - 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 Creations Dance Group participation in the 2026 Hip Hop Hollywood Dance Tour at Universal Studios Hollywood from November 27-30, 2026. The funds will be allocated 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:

Creations Dance Group is an award-winning Berkeley youth performance team serving underserved and historically underrepresented young people. The dancers train in Berkeley and regularly contribute to the City's civic and cultural life through Berkeley Juneteenth, National Night Out, the Berkeley Community Block Party, Berkeley City College's Umoja Day, youth and neighborhood events, and other community celebrations. The group also earned first place at the City of Berkeley and School Funds Talent Show.

From November 27-30, 2026, the dancers can participate in the 2026 Hip Hop Hollywood Dance Tour at Universal Studios Hollywood. Over three days, they will train with professional dance instructors, perform at Universal CityWalk, and film the annual Hollywood Parade for national broadcast on The CW in December 2026.

This is a professional arts-learning opportunity, not simply a trip. Participation requires program fees, transportation, lodging, meals, and required performance expenses - costs that can place this level of training and exposure out of reach for underserved youth. City support directly reduces that barrier so that family income does not determine who can participate in an opportunity the dancers have earned.

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2180 Milvia Street, Berkeley, Floor 5, CA 94704 ● Tel: (510) 981-7130 ● E-Mail: [email protected] 2 The dancers have already represented Berkeley on local stages. This investment helps them carry Berkeley to a national stage while gaining direct exposure to professional rehearsal, live performance, television production, teamwork, discipline, and creative- industry pathways.

Creations Berkeley Media & Performing Arts, Inc. is a Berkeley-based nonprofit providing young people with high-quality dance, media, and performance education.

The organization serves more than 150 youth through school, community, and performance-based programming.

Creations Berkeley, the dancers, and participating families are also raising funds through community fundraising, individual donations, business sponsorships, and other grassroots efforts. City support will complement those efforts and directly offset youth participation costs.

Supporting this opportunity advances the municipal public purpose of youth development, arts education, community representation, and equitable access to educational and cultural opportunities for Berkeley youth.

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]
ATTACHMENTS:

1. Draft Resolution

2. Hip Hop Hollywood Dance Tour Flyers

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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 HIP HOP

HOLLYWOOD DANCE TOUR
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 in the amount of $250 from Councilmember Ben Bartlett’s office expenditure account; and
WHEREAS, Creations Dance Group is an award-winning Berkeley youth performance team serving underserved and historically underrepresented young people and contributing to Berkeley's civic and cultural life through local performances, including Berkeley Juneteenth, National Night Out, the Berkeley Community Block Party, Berkeley City College's Umoja Day, and a first-place finish at the City of Berkeley and School Friends Talent Show; and
WHEREAS, the dancers have the opportunity to participate in the 2026 Hip Hop Hollywood Dance Tour at Universal Studios Hollywood from November 27-30, 2026, including professional training, a public performance at Universal CityWalk, and filming of the annual Hollywood Parade for national broadcast on The CW; and WHEREAS, participation requires program, transportation, lodging, meal, and performance-related expenses that can create financial barriers for underserved youth, and City support will help ensure that access to this earned professional opportunity is not determined solely by a family's ability to pay; and WHEREAS, the experience will allow Berkeley youth to represent their community on a national stage while gaining exposure to professional rehearsal, live performance, television production, discipline, teamwork, and creative-industry pathways; and WHEREAS, the provision of such support fulfills the municipal public purpose of promoting youth development, arts education, community representation, and equitable access to educational and cultural opportunities 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 Creations Dance Group participation in the 2026 Hip Hop Hollywood Dance Tour at Universal Studios Hollywood from November 27-30, 2026.

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

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Igor Tregub
Berkeley City Councilmember
District 4
2180 Milvia Street, 5th Floor
Berkeley, CA 94704
510-981-7140
[email protected]

CONSENT CALENDAR
October 13, 2026
To: Honorable Mayor and Members of the City Council
From: Councilmember Igor Tregub (Author), Mayor Adena Ishii (Co-Sponsor), Councilmember Mark Humbert (Co-Sponsor), and Councilmember Cecilia Lunaparra (Co-Sponsor)
Subject: Resolution in Support of Proposition 4, the California Fair Elections Act of 2026, on the November 3, 2026, General Election Ballot.

RECOMMENDATION
Adopt a resolution in support of Proposition 4, the California Fair Elections Act of 2026, on the November 3, 2026, general election ballot, which would repeal the existing prohibition on public funding of candidate election campaigns and allow state and local governments to establish public campaign financing systems subject to specified requirements.

CURRENT SITUATION AND ITS EFFECTS
Existing California law prohibit a public officer from expending, and a candidate from accepting, public money for the purpose of seeking elective office. Proposition 4, the California Fair Elections Act of 20261, would not establish a public campaign financing program for any particular jurisdiction, it would however repeal the prohibition and allow state and local governments to establish public campaign financing systems subject to specified requirements.
1 https://lao.ca.gov/BallotAnalysis/Proposition?number=4&year=2026

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Proposition 4 would require candidates participating in public campaign financing programs to meet specified criteria, abide by expenditure limits, and restrict how public funds may be used. Public funds could not be used for legal defense fees, fines, or repayment of personal loans to a campaign. If a candidate accepts public funds, they would also be prohibited from using any source of funds to repay a personal campaign loan after the campaign ends.

Public funding statutes, charters, ordinances, and resolutions established under Proposition 4 could not discriminate based on political party or whether a candidate is a challenger or incumbent. Proposition 4 would also change penalties for violations of California's prohibition on certain foreign contributions and expenditures: violators would face a fine of at least the amount contributed or spent and up to three times that amount.

The current ban extends to general law cities, all counties, all districts, and the state government. Charter cities are permitted to establish public campaign finance programs.2
Berkeley has existing experience with public campaign financing. Berkeley is one of seven charter cities in California with public campaign financing programs. In two cities, Richmond and Sacramento the program has not been funded and was not available to candidates in the recent elections.

The Berkeley Fair Elections Program was initially available to candidates for City Council and Mayor. In September 2021, the City Council initiated an expansion of the program, and later that year adopted legislation3 making School Board Director, Rent Stabilization Board Commissioner, and City Auditor candidates eligible to participate4.

Proposition 4 would allow state and local governments to establish public campaign financing systems while establishing requirements governing eligibility, expenditure limits, and the use of public funds.

FISCAL IMPACTS OF RECOMMENDATION
Limited staff time is required to communicate the City's position to State representatives.
2 Political Reform Act of 1974: public campaign financing: California Fair Elections Act of 2026. https://aelc.assembly.ca.gov/system/files/2025-06/sb-42-umberg-17513108230298490.pdf?utm.com 3 https://berkeleyca.gov/your-government/city-council/city-council-agendas/city-council-regular-meeting- eagenda-december-14-2021
4 https://berkeleyca.gov/sites/default/files/documents/2021-12- 14%20Item%2002%20Amendments%20to%20the%20Berkeley%20Election%20Reform%20Act.pdf?utm.com

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This recommendation does not establish a new public campaign financing program for the City of Berkeley.

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

1. Resolution

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

RESOLUTION IN SUPPORT OF PROPOSITION 4, THE CALIFORNIA FAIR ELECTIONS ACT, ON THE NOVEMBER 2026 GENERAL ELECTION BALLOT WHEREAS, Proposition 4, the California Fair Elections Act, will appear on the November 2026, general election ballot; and
WHEREAS, Proposition 4 would repeal California's longstanding ban on public funding of campaigns and allow any city, county, district, or the State of California to establish public campaign financing systems subject to specified requirements; and WHEREAS, Proposition 4 would not require any city, county, district, or the State of California to establish a public campaign financing program, but would instead give jurisdictions the option to create such systems for their own elections; and WHEREAS, Proposition 4 would require public funding candidates to abide by expenditure limits and meet certain criteria to qualify for public funds; and WHEREAS, Proposition 4 would prohibit the use of public funds to pay for legal defense or fines; and
WHEREAS, Proposition 4 would prohibit candidates that receive public funds from repaying personal loans with public funds, or from repaying personal loans with private donations after the campaign ends; and
WHEREAS, Proposition 4 would prohibit public funding systems from discriminating based on political party or against challengers in favor of incumbents; and WHEREAS, Proposition 4 would triple the maximum fines for illegal foreign campaign contributions and expenditures, strengthening penalties for those who attempt to interfere in California's elections; and

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WHEREAS, only charter cities are currently allowed to establish public campaign financing programs; and
WHEREAS, the City of Berkeley is one of seven cities, alongside Long Beach, Los Angeles, Oakland, San Francisco, Richmond and Sacramento that has passed a statute, ordinance, resolution, or charter amendments to create a dedicated fund to extend public funds to candidates seeking elective office; and WHEREAS, Proposition 4 would allow other cities, counties, districts, and the State of California to establish public campaign financing systems while providing basic requirements for fairness, accountability, and transparency; NOW, THEREFORE, BE IT RESOLVED, that the Berkeley City Council hereby declares its support for Proposition 4, the California Fair Elections Act, on the November 2026, general election ballot.

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

PUBLIC HEARING
October 13, 2026
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Scott Gilman, Director, Health, Housing & Community Services Department
Subject: Revisions to the Approved Environmental Health Fee Schedule

RECOMMENDATION
Conduct a public hearing and, upon conclusion, adopt a Resolution:

1. Approving revisions to the fee schedule for the Environmental Health Division (EHD) effective October 13, 2026, and,

2. Rescinding Resolution No. 72,308 N.S. effective October 13, 2026.

SUMMARY
Council approved the Environmental Health Fee Schedule on June 9, 2026. However, staff discovered minor discrepancies when uploading the Fee Schedule into the new database system. Some facility types were consolidated in the initial Fee Schedule matrix and were erroneously included in a higher payment category. The revised Fee Schedule table below includes lower fees for smaller facilities. None of the fees approved by Council on June 9, 2026, are proposed to increase, apart from new fees added to the Food Program and Noise-Amplified Sound Program.

There are a total of 198 fees included in this recommendation. Of these, a total of 59 fees are proposed to change; 33 are being reduced from the amounts approved by Council on June 9, while 26 are either new or increasing due to the fee type, risk category, and square footage.

FISCAL IMPACTS OF RECOMMENDATION
The proposed fee structure is designed to move the EHD toward a sustainable cost- recovery model. Prior to FY27, the City subsidized EHD’s operating budget by approximately $980,000 in General Fund resources annually.

CURRENT SITUATION AND ITS EFFECTS
New fees are proposed to go into effect on October 13, 2026, which does not impact current facility operators for calendar year 2026. Since permit fee invoicing occurs on a calendar year basis (typically in December for the following calendar year), current

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Revisions to the Approved Environmental Health Fee Schedule PUBLIC HEARING October 13, 2026

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operators have already been billed for calendar year 2026. The new proposed fees would impact new facilities beginning operations on, or after, October 13, 2026.

BACKGROUND
Council approved the Environmental Health Fee Schedule on June 9, 2026. However, some facility types were consolidated in the initial Fee Schedule matrix and were erroneously included in a higher payment category. The revised Fee Schedule table includes minor adjustments from the new fee structure approved by Council on June 9, 2026. These adjustments include 33 reduced fees for smaller and/or lower risk facilities, as well as 26 new or slightly increased fees. All fee changes are in bold. The comprehensive fee structure (attached) is needed to sustain EHD operations.

The EHD administers various public health programs. These programs rely primarily upon fees for their operation and fall into two main categories:

1. State-Mandated Programs (Fee-Supported)
 Retail Food Safety Inspection Program
 Public Pool and Spa Inspection Program
 Tattoo and Body Piercing Registration Program

2. Local Programs (Required by Berkeley Municipal Code) are funded by grants, assessment district proceeds, or City special revenue funds.  Community Noise Ordinance
 Styrofoam Ban
 Abandoned Vehicle Abatement Program
 Restaurant Stormwater Protection Inspection Program
 Sewer Emergency Response Program
 Tobacco Licensing Program
 Water Quality Monitoring Program (for the Aquatic Park, as an additional public health inspection service)

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Adjusting fees for the EHD programs will not negatively impact sustainability and climate impact goals. Several programs administered by the EHD support the City’s sustainability efforts.

RATIONALE FOR RECOMMENDATION
Staff discovered minor discrepancies when uploading the Fee Schedule into the new database system. A revised Fee Schedule (attached) was created to correctly categorize facility size and risk category types to the correct, corresponding fee structure. The fee changes proposed in this action would properly charge currently

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Revisions to the Approved Environmental Health Fee Schedule PUBLIC HEARING October 13, 2026

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permitted businesses and prospective applicants for the expected costs of providing those services, without reducing the timeliness or efficiency of the services provided.

ALTERNATIVE ACTIONS CONSIDERED
Council could consider not approving the fee adjustments; however, the health and safety of the Berkeley community would be put at significant risk without covering operating budget costs. Additionally, certain facilities would be paying an inflated rate for their annual health permit fee.

CONTACT PERSON
Scott Gilman, Department Director, HHCS, (510) 981-5100 Ronald Torres, Manager, Environmental Health Division, HHCS, (510) 981-5261 Attachments:

1. Resolution
Exhibit A: Proposed New Environmental Health Fee Schedule

2. Public Hearing Notice

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

FEE SCHEDULE FOR ENVIRONMENTAL HEALTH REGULATION AND
INSPECTIONS EFFECTIVE JULY 1, 2026
WHEREAS, Environmental Health program fees are intended to cover the actual costs of permit and inspection services; and
WHEREAS, Council approved the Environmental Health Fee Schedule on June 9, 2026, and adopted Resolution 72,308-N.S.; and
WHEREAS, Staff discovered minor discrepancies when uploading the Fee Schedule into the new database system; and
WHEREAS, Some facility types in the approved Fee Schedule were consolidated and erroneously included in a higher payment category; and
WHEREAS, The revised Fee Schedule table includes the adjusted reduced fees for smaller, lower-risk facilities as well as several new or increased fees; and WHEREAS, Council previously adopted Resolutions 67,495 (2016), 69,891 (2021), and 71,354 (2024) to add new facility categories, but these actions did not increase existing fee rates to keep pace with rising staffing and operational costs.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that Resolution 72,308-N.S. is hereby rescinded effective October 13, 2026.

BE IT FURTHER RESOLVED that the Proposed Annual Fees in the Fee Schedule for Environmental Health services, attached to this Resolution as Exhibit A, are hereby adopted to cover the costs of regulations and inspections required by the Berkeley Municipal Code and the California Retail Food Code.

BE IT FURTHER RESOLVED that this Resolution shall be in full force and effect on and after October 13, 2026.

EXHIBITS
A: Proposed New Environmental Health Fee schedule

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Exhibit A
Environmental Health Division Fee Schedule

HEALTH AND SANITATION PERMIT AND FEE SCHEDULE

FOOD PROGRAM FEES
Fee Title Risk
Category Unit Capacity Current
Fees
Proposed
Fees
Onsite Food/Beverage 1 Sq ft 0-1000 $1,004 $517
Onsite Food/Beverage 1 Sq ft 1001-2500 $1,354 $576
Onsite Food/Beverage 1 Sq ft 2501-5000 $1,704 $635
Onsite Food/Beverage 1 Sq ft 5001-7500 $2,054 $694
Onsite Food/Beverage 1 Sq ft 7500 & Over $2,404 $753
Onsite Food/Beverage 2 Sq ft 0-1000 $1,004 $933
Onsite Food/Beverage 2 Sq ft 1001-2500 $1,354 $1,031
Onsite Food/Beverage 2 Sq ft 2501-5000 $1,704 $1,129
Onsite Food/Beverage 2 Sq ft 5001-7500 $2,054 $1,227
Onsite Food/Beverage 2 Sq ft 7500 & Over $2,404 $1,325
Onsite Food/Beverage 3 & 4 Sq ft 0-1000 $1,004 $1,004
Onsite Food/Beverage 3 & 4 Sq ft 1001-2500 $1,554 $1,554 Onsite Food/Beverage 3 & 4 Sq ft 2501-5000 $1,904 $1,904 Onsite Food/Beverage 3 & 4 Sq ft 5001-7500 $2,254 $2,254 Onsite Food/Beverage 3 & 4 Sq ft 7500 & Over $2,604 $2,604 Onsite Food/Beverage: Add-on Secondary Operation (Same
owner/location) 1 Sq ft 0-1000 $382 $382
Onsite Food/Beverage: Add-on Secondary Operation for
each additional 1000 sq ft. (Same owner/location) 1 Sq ft up to 1000 $382 $382 Onsite Food/Beverage: Add-on Secondary Operation (Same
owner/location) 2 Sq ft 0-1000 $742 $742
Onsite Food/Beverage: Add-on Secondary Operation for
each additional 1000 sq ft. (Same owner/location) 2 Sq ft up to 1000 $742 $742 Onsite Food/Beverage: Add-on Secondary Operation (Same
owner/location) 3 & 4 Sq ft 0-1000 $1,179 $1,179
Onsite Food/Beverage: Add-on Secondary Operation for
each additional 1000 sq ft. (Same owner/location) 3 & 4 Sq ft up to 1000 $1,179 $1,179 No Onsite Food/Beverage Prep - Prepackaged Non-PHF 1 Sq ft 0-1000 $450 $450 No Onsite Food/Beverage Prep - Prepackaged Non-PHF 1 Sq ft 1001-2500 $606 $606 No Onsite Food/Beverage Prep - Prepackaged Non-PHF 1 Sq ft 2501-5000 $762 $762

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Environmental Health Division Fee Schedule
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No Onsite Food/Beverage Prep - Prepackaged Non-PHF 1 Sq ft 5001-7500 $918 $918 No Onsite Food/Beverage Prep - Prepackaged Non-PHF 1 Sq ft 7500 & Over $1,074 $1,074 No Onsite Food/Beverage Prep - Prepackaged PHF 2-3 Sq ft 0-1000 $735 $735 No Onsite Food/Beverage Prep - Prepackaged PHF 2-3 Sq ft 1001-2500 $1,020 $1,020 No Onsite Food/Beverage Prep - Prepackaged PHF 2-3 Sq ft 2501-5000 $1,305 $1,305 No Onsite Food/Beverage Prep - Prepackaged PHF 2-3 Sq ft 5001-7500 $1,590 $1,590 No Onsite Food/Beverage Prep - Prepackaged PHF 2-3 Sq ft 7500 & Over $1,875 $1,875 No Onsite Food/Beverage Prep: Add-on Secondary
Operation Prepackaged PHF/non PHF (same
owner/location)
1-3 Sq ft 0-1000 $362 $362
No Onsite Food/Beverage Prep: Add-on Secondary
Operation Prepackaged PHF/non PHF for each additional
1000 sq ft. (same owner/location)
1-3 Sq ft up to 1000 $362 $362
Minimal Onsite Food/Beverage Prep - single owner grocery store style operation in any risk category. Facilities with multiple onsite food prep add-on stations do NOT qualify. 1-2 Sq ft 0-1000 $519 $519
Minimal Onsite Food/Beverage Prep - single owner grocery store style operation in any risk category. Facilities with multiple onsite food prep add-on stations do NOT qualify. 1-2 Sq ft 1001-2500 $675 $675
Minimal Onsite Food/Beverage Prep - single owner grocery store style operation in any risk category. Facilities with multiple onsite food prep add-on stations do NOT qualify. 1-2 Sq ft 2501-5000 $831 $831
Minimal Onsite Food/Beverage Prep - single owner grocery store style operation in any risk category. Facilities with multiple onsite food prep add-on stations do NOT qualify. 1-2 Sq ft 5001-7500 $987 $987
Minimal Onsite Food/Beverage Prep - single owner grocery store style operation in any risk category. Facilities with multiple onsite food prep add-on stations do NOT qualify. 1-2 Sq ft 7500 & Over $1,143 $1,143
Commissary - Prepackaged Only 1-3 Sq ft 0-1000 $572 $450 Commissary - Prepackaged Only 1-3 Sq ft 1001-2500 $572 $606 Commissary - Prepackaged Only 1-3 Sq ft 2501-5000 $572 $762 Commissary - Prepackaged Only 1-3 Sq ft 5001-7500 $572 $918 Commissary - Prepackaged Only 1-3 Sq ft 7500 & Over $572 $1,074 Commissary - with Food Prep 1 Sq ft 0-1000 $921 $517
Commissary - with Food Prep 1 Sq ft 1001-2500 $921 $576 Commissary - with Food Prep 1 Sq ft 2501-5000 $921 $635 Commissary - with Food Prep 1 Sq ft 5001-7500 $921 $694

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Environmental Health Division Fee Schedule
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Commissary - with Food Prep 1 Sq ft 7500 & Over $921 $753 Commissary - with Food Prep 2 Sq ft 0-1000 $921 $615
Commissary - with Food Prep 2 Sq ft 1001-2500 $921 $713 Commissary - with Food Prep 2 Sq ft 2501-5000 $921 $811 Commissary - with Food Prep 2 Sq ft 5001-7500 $921 $909 Commissary - with Food Prep 2 Sq ft 7500 & Over $921 $1,007 Commissary - with Food Prep 3 Sq ft 0-1000 $921 $921
Commissary - with Food Prep 3 Sq ft 1001-2500 $921 $1,121 Commissary - with Food Prep 3 Sq ft 2501-5000 $921 $1,321 Commissary - with Food Prep 3 Sq ft 5001-7500 $921 $1,521 Commissary - with Food Prep 3 Sq ft 7500 & Over $921 $1,721 Motorized Mobile - prepackaged non-PHF only 1 Annual 1 $258 $258 Motorized Mobile 1 Annual 1 $534 $534
Motorized Mobile 2 Annual 1 $942 $942
Motorized Mobile 3 Annual 1 $1,388 $1,388
Non-motorized Mobile - prepackaged non-PHF only 1 Annual 1 $258 $258 Non-motorized Mobile 1 Annual 1 $534 $534
Non-motorized Mobile 2 Annual 1 $942 $942
Non-motorized Mobile 3 Annual 1 $1,388 $1,388
Compact Mobile Food Operation (CMFO) 1 Annual more than 25 sq ft $527 $527
Compact Mobile Food Operation (CMFO) 2 Annual 1 $942 $942 Compact Mobile Food Operation (CMFO) 3 Annual $1,380 $1,380 Mobile Support Unit 1-3 Annual 1 $472 $472
Special Event Coordinator Application Review Fee N/A Event 1 $117 $117 Special Event Coordinator Permit (event with 2-4
vendors per location, 2 days max) N/A Event 2 to 4 Vendors $375 $258 Special Event Coordinator Permit (event with 5-10
vendors per location, 2 days max) N/A Event 5 to 10
Vendors $500 $383
Special Event Coordinator Permit - Add-on for up to 5
vendors, 2 days max N/A Vendor Up to 5 $92 $92
Special Event - Add-on Additional Days (up to 3 consecutive days for all Vendors/Coords) 1 Day Up to 3 $158 $158

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Environmental Health Division Fee Schedule
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Special Event - Add-on Additional Days (up to 3 consecutive days for all Vendors/Coords) 2 & 3 Day Up to 3 $170 $170 Special Event Application Review Fee - One Day event fee per vendor) N/A Vendor N/A $117 $117
Late Fee - Special Event Application Submission (less than 30 days before event) N/A Event N/A $188 $188
TFF Reinspection Fee - Next Day (1 hr min, 1/4 hr
increments thereafter) N/A 1/4 hour 1 hour min $250 $250 Special Event Food/Beverage Vendor/Booth - Unopened
prepackaged non-PHF only 1 Event 1 $250 $63
Special Event Food/Beverage Vendor/Booth - Unopened
prepackaged non-PHF only 1 Annual 1 n/a $252
Special Event Food/Beverage Vendor/Booth - Unopened
prepackaged PHF 2 & 3 Event 1 $554 $125
Special Event Food/Beverage Vendor/Booth - Unopened
prepackaged PHF 2 & 3 Annual 1 n/a $500
Special Event Food/Beverage Vendor/Booth Permit 1 Event 1 $125 $63 Special Event Food/Beverage Vendor/Booth Permit 1 Annual 1 n/a $252 Special Event Food/Beverage Vendor/Booth Permit 2 Event 1 $250 $125 Special Event Food/Beverage Vendor/Booth Permit 2 Annual 1 n/a $500 Special Event Food/Beverage Vendor/Booth Permit 3 Event 1 $375 $250 Special Event Food/Beverage Vendor/Booth Permit 3 Annual 1 n/a $1,000 Farmer’s/Flea Market – Coordinator Application Review
Fee n/a Annual 1 n/a $117
Farmer’s/Flea Market – Coordinator Permit (per location) n/a Annual 1 n/a $117 Farmer's/Flea Market - Annual Permit - prepackaged non- PHF - sampling only - Vendor/Booth 1 Annual 1 $44 $44
Farmer's/Flea Market - Annual Permit - Vendor/Booth 1 Annual 1 $500 $252

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Environmental Health Division Fee Schedule
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Farmer's/Flea Market - Annual Permit - Limited
preparation only - Vendor/Booth 2 Annual 1 $625 $500
Farmer's/Flea Market - Annual Permit - Full preparation - Vendor/Booth 3 Annual 1 $750 $750
Seasonal Temporary Permit - prepackaged non-PHF only
(Vendors) 1 Seasonal 120 consecutive
days $125 $125
Seasonal Temporary Permit (Vendors) 1 Seasonal 120 consecutive days $250 $250
Seasonal Temporary Permit (Vendors) 2 Seasonal 120 consecutive days $375 $375
Seasonal Temporary Permit (Vendors) 3 Seasonal 120 consecutive days $500 $500
Host Facility/Short Term Food Event 1-3 Day 1 n/a $113
Host Facility 1-3 Seasonal
120
consecutive
days
n/a
$227
Host Facility 1-3 Annual 1 n/a $453
Guest Vendor/Short Term Food Event (prepackaged and
nonprepackaged non-PHF only) 1 Day 1 n/a $63
Guest Vendor/Short Term Food Event (prepackaged and
nonprepackaged non-PHF only) 1 Seasonal
120
consecutive
days
n/a
$137
Guest Vendor/Short Term Food Event 2 & 3 Day 1 n/a $125 Guest Vendor/Short Term Food Event 2 & 3 Seasonal
120
consecutive
days
n/a $244
Guest Vendor/Short Term Food Event - prepackaged non-
PHF only 1 Annual/Vendor 1 $546 $546
Guest Vendor/Short Term Food Event – non-prepackaged
non-PHF only; allows for sampling 1 Annual/Vendor 1 $646 $646 Guest Vendor/Short Term Food Event 2 Annual/Vendor 1 $812 $812 Guest Vendor/Short Term Food Event 3 Annual/Vendor 1 $977 $977 Nonprofit/Charitable TFF 1-3 Event 1 $0 $0
Seasonal MFF/ Itinerant Food Facility 1
120
consecutive
days
1 $668 $178
Seasonal MFF/ Itinerant Food Facility 2 120
consecutive 1 $719 $314

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Environmental Health Division Fee Schedule
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days
Seasonal MFF/ Itinerant Food Facility 3
120
consecutive
days
1 $755 $463
Summer School Food/Summer Lunch - Annual Permit 1-3 Annual 1 $250 $250 Private School – Annual Permit 1-3 Annual 1 $432 $933
Public School – Annual Permit 1-3 Annual 1 $0 $0
Bed and Breakfast - Annual Permit 1 & 2 Annual 1 $503 $503 Cottage Food - Class A - Annual Permit 1 Annual 1 $300 $300 Cottage Food - Class B - Annual Permit 1 Annual 1 $597 $597 MEHKO - Annual Permit 1-3 Annual 1 $603 $603
MEHKO Application Fee/Plan Check (1 hr min) Hour 1 hr min $250 $250 Foragers/Gleaners 1 & 2 Annual 1 $250 $250
Congregate Living with Contracted Food Service 1 Sq ft 0-1000 $534 $534 Congregate Living with Contracted Food Service 2 Sq ft 0-1000 $979 $979 Congregate Living with Contracted Food Service 3 Sq ft 0-1000 $1,400 $1,400 Congregate Living with Contracted Food Service - Add-on 1-3 Sq ft 1000 $112 $112 Congregate Living with Contracted Food Service 4 Sq ft 0-1000 $1,367 $1,367 Congregate Living with Contracted Food Service - Add-on 4 Sq ft 1000 $220 $220 Shared-Use Facility- Common Area/Equip OR Remote
Storage (no Food Prep) 1-3 Facility 1 $572 $572
Shared-Use Facility Secondary Permit - Satellite or Remote Storage (ltd food prep/food removed from packaging) 1 Facility 1 $624 $624 Shared-Use Facility Secondary Permit - Satellite 2 Facility 1 $851 $851 Shared-Use Facility Kitchen Coordinator Permit 3 Facility 1 $453 $453 Limited-Service Charitable Food Operation 1 & 2 Annual 1 $250 $250 Food Bank/Donation Pantries 1 Annual 1 $500 $500
Vending Machines 1 Machine up to 5 $383 $383
Vending Machines 2 Machine up to 5 $402 $402
Vending Machines 3 Machine up to 5 $458 $458
Vending Machines - Add-on 1-3 Machine up to 5 $98 $98
Food Safety Class (1 hr min) N/A 1 hour Actual $250 $250

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Environmental Health Division Fee Schedule
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RECREATIONAL HEALTH PROGRAM FEES
Fee Title Risk
Category Unit Capacity Current
Fees
Proposed
Fees
Seasonal Pool/Spa 1 Annual 1 $503 $503
Seasonal Pool/Spa - Add-on 1 Annual 1 $462 $462
Seasonal Pool/Spa 2 Annual 1 $648 $648
Seasonal Pool/Spa - Add-on 2 Annual 1 $616 $616
Seasonal Pool/Spa 3 Annual 1 $1,148 $1,148
Seasonal Pool/Spa - Add-on 3 Annual 1 $849 $849
Year-Round Pool/Spa 1 Annual 1 $551 $551
Year-Round Pool/Spa - Add-on 1 Annual 1 $550 $550
Year-Round Pool/Spa 2 Annual 1 $649 $649
Year-Round Pool/Spa - Add-on 2 Annual 1 $552 $552
Year-Round Pool/Spa 3 Annual 1 $1,155 $1,155
Year-Round Pool/Spa - Add-on 3 Annual 1 $753 $753

BODY ART PROGRAM FEES
Fee Title Risk
Category Unit Capacity Current
Fees
Proposed
Fees
Body Art Facility - Annual Permit N/A Annual 1 $810 $810 Body Art Practitioners - Annual Permit N/A Annual 1 $300 $300

CANNABIS FEES
Fee Title Risk
Category Unit Capacity Current
Fees
Proposed
Fees
Cannabis - Cultivation - Annual Permit N/A Sq ft 0-1,000 $375 $375 Cannabis - Distribution - Annual Permit N/A Sq ft 0-1,000 $250 $250 Cannabis - Manufacturer - Edibles - Annual Permit - Annual Permit N/A Sq ft 0-1,000 $375 $375 Cannabis - Manufacturer - Non-volatile manufacturing - Annual Permit N/A Sq ft 0-1,000 $375 $375 Cannabis - Manufacturer - Volatile - Annual Permit N/A Sq ft 0-1,000 $375 $375 Cannabis - Retailer - Lounge - Annual Permit N/A Sq ft 0-1,000 $250 $250 Cannabis - Retailer - Non-Storefront - Annual Permit N/A Sq ft 0-1,000 $125 $125 Cannabis - Retailer - Storefront - Annual Permit N/A Sq ft 0-1,000 $250 $250 Cultivation, Manufacturing, and Lounge facilities: Add On - Annual N/A Sq ft 1000 $125 $125

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Environmental Health Division Fee Schedule
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Fee Title Risk
Category Unit Capacity Current
Fees
Proposed
Fees
Cannabis - Complaints/follow-up Inspections N/A 1/4 hour Actual $500 $500

NOISE-AMPLIFIED SOUND
Fee Title Risk
Category Unit Capacity Current
Fees
Proposed
Fees
Noise - Amplified Sound Application Review (1-2 day event) N/A Event 1 $0 $125 Late Fee – Noise-Amplified Sound Application Submission (less than 30 days before event) N/A Event 1 $0 $188
Noise - Amplified Sound Permit (1-2 day event) N/A Event 1 $250 $125 Noise - Amplified Sound Permit - Add-on per day (3+) N/A Day 3 $75 $75 Noise-Amplified Sound Permit Variance N/A Event 1 $500 $500 Enforcement of BMC Noise Standard -Sound Survey - Onsite visit During Business Hours (3 hr min; ¼ hr increments thereafter) N/A 1/4 hour 3 Hr Min; Actual $750 $750 Enforcement of BMC Noise Standard -Sound Survey - Onsite visit After Business Hours (3 hr min; ¼ hr increments thereafter) N/A 1/4 hour 3 Hr Min; Actual $911 $911

PLAN CHECK
Fee Title Risk
Category Unit Capacity Current
Fees
Proposed
Fees
Plan Check-Structural Evaluation Review of Unpermitted Facility (1 hr min, 1/4 hr increments thereafter) N/A 1/4 hour 1 hr min $431 $431 Plan Check Consultation (1/4 hr increments) N/A 1/4 hour 1/4 hr min $63 $63 Plan Check - New Construction or Major remodel (4 hr min, 1/4 hr increments thereafter) N/A 1/4 hour 4 hr min $1,494 $1,494 Plan Check - Remodel or Retrofit Currently Permitted or Minor Project (2 hour min, 1/4 hr increments thereafter) N/A 1/4 hour 2 hr min $871 $871 Plan Check - Accelerated Add-on Fee (2 hr min) N/A Each 2 hr min $430 $430 Plan Check -Equip/Menu/specs Review (1/2 hour minimum, 1/4 hr increments thereafter, each machine separately) N/A 1/4 hour 1/2 hr min $125 $125 Plan Check- food Automation/Robotics/Mechanized Prep (2 hour minimum, 1/4 hr increments thereafter, each machine separately) N/A 1/4 hour 2 hr min $540 $540

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Environmental Health Division Fee Schedule
P a g e |9

OTHER PROGRAMS
Fee Title Risk
Category Unit Capacity Current
Fees
Proposed
Fees
Tobacco - Annual Retail License N/A Annual 1 $533 $533
Facility Permit - Reprinting Fee N/A Each 1 $44 $44
Compost - Sanitary Requirements N/A Each ¼ hr $62.50 $62.50 Demolition Site Permits (1 hour min, 1/4 hr increments thereafter) N/A Each 1 $250 $250 Greywater/Rain Catch Basin (non-food, 4 hour min, 1/4 hr increments thereafter) N/A 1/4 hour Actual $1,014 $1,014 Water - Water Sampling - Non-City facilities N/A Facility 1 $356 $356 Lead - Contractor Verification (per job; exterior) N/A Each Actual $525 $525 Lead - Onsite XRF inspection (1/4 hr increments) N/A 1/4 hour Actual $139 $139

ENFORCEMENT/COMPLAINT
Fee Title Risk
Category Unit Capacity Current
Fees
Proposed
Fees
Investigation-Non-Food- No Valid Permit (1/4 hr increments) N/A 1/4 hour Actual $484 $484 Investigation - Food - No Valid Permit: up to 3 times annual permit fee N/A Each $450 $450
Admin Hearing (1 hour minimum, 1/4 hr increments thereafter) N/A 1/4 hour Actual $250 $250 Reinspection Fee (Enforcement, 1 hour min, 1/4 hr increments thereafter) N/A 1/4 hour Actual $250 $250
Re-Opening Facility following non-compliance closure (1 hour min, 1/4 hr increments thereafter) N/A 1/4 hour Actual $250 $250 Deposition/Expert Witness Fee N/A Each 1 $175 $175
Service in Excess of Standard (1/4 hr increments) N/A 1/4 hour Actual $63 $63 Enforcement/Follow-up Confirmed Complaint Investigation. For- Cause Reinspection (1/2 hr minimum, 1/4 hr increments thereafter) N/A 1/4 hour Actual $125 $125

OTHER SERVICES
Fee Title Risk
Category Unit Capacity Current
Fees
Proposed
Fees
Food Facility - FOG Inspection N/A $268 $268
Food Facility - Stormwater Inspection: Chargeable Follow-up (1/4 hour min, 1/4 hr increments thereafter) N/A 1/4 hour Actual $63 $63

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Environmental Health Division Fee Schedule
P a g e |10
Fee Title Risk
Category Unit Capacity Current
Fees
Proposed
Fees
Healthy Check-out Program Visit (1/4 hr increments thereafter) N/A 1/4 hour Actual $63 $63

HOURLY RATES
Fee Title Risk
Category Unit Capacity Current
Fees
Proposed
Fees
EH Staff Hourly Rate N/A Hour Actual $250 $250

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NOTICE OF PUBLIC HEARING

BERKELEY CITY COUNCIL

CHANGES TO THE ENVIRONMENTAL HEALTH FEE SCHEDULE
The public may participate in this hearing by remote video or in-person.

Notice is hereby given by the City Council of the City of Berkeley that a public hearing will be conducted by said city council of the City of Berkeley at which time and place all persons may attend and be heard upon the following:

The Department of Health, Housing, and Community Services is proposing to increase permit and inspection fees for facilities in Berkeley under the jurisdiction of the City of Berkeley’s Environmental Health Division.

The hearing will be held on October 13, 2026, at 6:00 p.m. in the School District Board Room, located at 1231 Addison Street, Berkeley CA 94702.

For further information, please contact Scott Gilman, Department Director at 510-981- 5100.

A copy of the agenda material for this hearing will be available on the City’s website at https://berkeleyca.gov/ as of October 1, 2026. Once posted, the agenda for this meeting will include a link for public participation using Zoom video technology, as well as any health and safety requirements for in-person attendance.

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

Communications to the Berkeley City Council are public record and will become part of the City’s electronic records, which are accessible through the City’s website. Please note: e-mail addresses, names, addresses, and other contact information are not required, but if included in any communication to the City Council, will become part of the public record. If you do not want your e-mail address or any other contact information to be made public, you may deliver communications via U.S. Postal Service 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 (510) 981-6900 or [email protected] for further information.

If you challenge the above in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City of Berkeley at, or prior to, the public hearing.

Background information concerning this proposal will be available at the City Clerk Department and posted on the City of Berkeley webpage at least 12 days prior to the public hearing.

Published: October 2 and October 9, 2026 – The Berkeley Voice

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Published pursuant to Government Code Section 6062a
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ 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 October 1, 2026.

Mark Numainville, City Clerk

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

PUBLIC HEARING
October 13, 2026
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Jordan Klein, Director, Planning and Development Department Subject: Amendments to Berkeley Municipal Code (BMC) Section 23.304.100 (Site Features in Residential Districts) to require undergrounding of electrical transformers on private land

RECOMMENDATION
Conduct a public hearing and upon conclusion adopt the first reading of an ordinance amending Berkeley Municipal Code (BMC) Section 23.304.100 (Site Features in Residential Districts) to prohibit the above-ground installation of electrical transformers serving new residential, commercial, and mixed-use projects grade on private property, consistent with the Planning Commission’s recommendation.

SUMMARY
The proposed ordinance (Attachment 1) includes amendments to BMC Section

23.304.100 that prohibit the above-grade installation of any Electrical Distribution Equipment, as defined in the proposed ordinance, that serves a project located in a Residential or Commercial zoning district, or that serves a residential or mixed-use project in a Manufacturing zoning district.

The ordinance would not determine whether a transformer is required. The utility company (PG&E) makes that determination based on project load, location, and existing infrastructure. The ordinance would also not automatically permit the placement of a transformer in the public right-of-way. That determination remains the sole discretion of the City Engineer.

Existing provisions in Section 23.304.100 regarding garbage cans, utility meters, pedestrian walkways, and exterior lighting would remain in effect.

FISCAL IMPACTS OF RECOMMENDATION
Staff time and resources would be required to implement the provisions of the proposed amendments. Land Use Planning and Department of Public Works staff currently review and process applications for development projects, and it is not anticipated that the proposed amendments would result in significant amounts of new work. Costs associated with Staff time are offset by Planning and Engineering permit fee revenues, subject to periodic adjustments of departmental fee schedules.

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The public right of way is a limited resource that holds value. When permitting underground electrical equipment in the public right of way, the City could consider charging a fee for the use of the public right of way.

CURRENT SITUATION AND ITS EFFECTS
An electrical transformer is utility
equipment that reduces (i.e.,
transforms) the voltage of electricity
from the distribution system to the
service voltage used within a building
for lighting, outlets, and equipment. A
new transformer may be required
when a project’s electrical demand
cannot be served by existing nearby
infrastructure, or when the service
configuration needs to change. PG&E
determines whether a new
transformer is required, based on
proximity to existing infrastructure and
the project’s electricity demand. The
need for a transformer is generally
evaluated during schematic design,
usually 12–18 months before breaking
ground, and well after a project has
received land use approvals,
oftentimes extending into the Building
Permit review period. Developers typically start working with the utility company, then work with the City’s Department of Public Works on locating transformers after meeting PG&E’s requirements.

For new development, PG&E may provide service to a project using either above ground transformers or underground transformers, depending on the project’s electrical demand, service configuration, existing utility infrastructure, and site and right-of-way constraints.1 Transformer selection is typically based on the required voltage class (kV) and transformer capacity (kVa) for the proposed development and is subject to PG&E’s Electric Rule No. 16 (Service Extensions)2, effective May 17, 2025. Per Rule No. 16, underground service extensions, including underground transformers, are installed when required by applicable tariff schedules, laws, or ordinances, when determined as necessary by PG&E or requested by the applicant and agreed to by PG&E, or when the 1 PG&E, Electric and Gas Service Requirements. https://www.pge.com/assets/pge/docs/account/service- requests/greenbook-manual-full.pdf
2 PG&E’s Electric Rule No. 16 (Service Extensions),
https://www.pge.com/tariffs/assets/pdf/tariffbook/ELEC_RULES_16.pdf Figure 1. Pad-mounted (above-grade)
transformer installed on a concrete pad with
protective bollards. The equipment is visible
and requires a dedicated footprint and clear
working space for access and maintenance.

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applicant’s load requires a separate transformer installation of 75 kVa or greater (typically a size applicable to denser commercial or multifamily developments).

Otherwise, PG&E’s Rule No. 16 specifies that above ground transformers be installed.

Above ground transformers are above-grade cabinets installed on a concrete pad (see Figure 1); underground transformers or related equipment are installed below grade within an enclosure, room or vault, with surface covers (see Figure 2).

In addition to the concrete pad
footprint, PG&E requires clear, level
working space around equipment—
including an 8‑foot minimum clear
working space in front of equipment
doors—meaning the practical space
impact on a constrained infill site or
within the public right-of-way is often
driven as much by required clearances
as by the cabinet itself. Figure 3
includes examples of specifications
and clearance requirements for above
ground transformers.

While underground transformers
reduce above-ground visual impacts,
they also require operating and
maintenance clearances. PG&E’s
Figure 2. Underground transformer located on
private property.

Figure 3. PG&E Required Working
Space for Above Ground Transformers

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location and clearance standards include minimum work space requirements around primary enclosures and specify that the area immediately around and below pads or enclosures must
remain free of
obstructions. Figure
4 includes
examples of
specifications and
clearance
requirements for
underground
transformers.

PG&E also
specifies minimum
vertical clearances
from overhangs
(including balconies
and building
projections) to allow
hoisting and replacement of equipment. For typical installations, PG&E requires 20 feet of vertical clearance for single-phase pad-mounted equipment and underground equipment, and 30 feet for most three-phase pad-mounted equipment.

In practice, the need for a transformer and the associated trenching for conduit routes are typically evaluated during early utility coordination and service design. Transformer placement is often the endpoint of the trenching process; PG&E tends to require locations that minimize trench length, avoid conflicts with other uses or facilities, and keep the trench route constructible and permittable. PG&E’s priorities in these cases can often conflict with project design, frontage or streetscape design goals. During application processing, the final transformer location is frequently confirmed only late in the entitlement sequence, often during final design review, or at the building permit stage, after key site and frontage design decisions have already been made.

Existing Regulations
BMC Section 23.304.100 currently establishes site standards for “Site Features in Residential Districts,” including screening of garbage cans and utility meters, pedestrian walkway requirements for multi-family dwellings, and exterior lighting standards.

However, it does not address the placement of electrical transformers or similar equipment that serve new development, and it does not apply to non-residential zoning districts. As a result, the siting of transformers has been determined on a project-by- project basis through informal coordination between applicants, PG&E, and City staff, Figure 4. PG&E Required Working Space
for Underground Transformers.

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with no explicit zoning standard guiding where transformers should be located on a site or in the public right-of-way.

Recent changes in PG&E policy, reflected in PG&E’s Greenbook requirements for underground transformers (Doc. 072149, Rev. #07, dated December 17, 2020),3 have made it more difficult for transformers to be undergrounded. While PG&E has previously been satisfied with the City’s determination of when undergrounding is appropriate, PG&E’s new policy is to prohibit the undergrounding of transformers unless it is explicitly required by a local government agency. The absence of such a requirement in the current BMC has led to the placement of above-ground transformers, which can adversely affect project design and site configuration.

PG&E Input
PG&E’s Public Affairs and Local Government Relations Office met with staff to discuss this proposed ordinance amendment. PG&E staff confirmed that PG&E does not support installing underground transformers, for new installations or for reconstruction, when there is a feasible alternative to install new or replace an underground transformer with a pad-mount transformer. PG&E shared the following rationale:
 Cost and Supply Chain – Generally underground equipment is more costly. Cost from manufacturers and supply chain are driven by industry standard designs and usage; transformer manufacturers for underground equipment are much less common than those manufacturers that make pad-mounted equipment.

Underground equipment must be more rigorously designed and manufactured as it is designed to continue to operate when submerged. The availability of underground transformers has been severely limited due to manufacturing constraints; there is no resolution date for inventory shortages.  Worker Safety – Pad-mount designs present a better option in that they are much easier to inspect to assure proper operation and maintenance. As part of the CPUC’s General Order 165, PG&E is responsible for inspecting all their equipment; pad-mount equipment provides an opportunity for a thorough inspection.
 Resiliency – Visibility of and easy access to equipment leads to easier maintenance practices. Underground enclosures can hold water and debris leading to more corrosive conditions compared to pad-mount equipment.  Future Electrical implications – Pad-mounts are easier to replace; they tend to have universal mounting pads that support multiple sizes without need to change when replacing with larger capacity units. Simply stated, underground designs 3 PG&E Greenbook 072149.Rev. #07, Dec. 07, 2020.
https://www.pge.com/assets/pge/docs/account/service-requests/072149.pdf

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are constrained by the underground enclosure size they are placed in while pad- mounted equipment generally has sufficient space allotted to accommodate larger capacity transformers. At present, PG&E underground radial design is constrained to a design of 1MVa (1 million Volt Amps – Similar to 1 MW of Load), meanwhile pad-mount equipment is constrained to 3.3MVa which is based on CPUC’s Electric Rule 2 for PG&E Distribution Services. This means for an EV Charging Station, for a single installation of chargers, pad-mount offers 3.3 times more chargers to be connected.

Interdepartmental Staff Input
PG&E’s recent policy change now requires certain transformers that were previously permitted to be installed underground to be installed above ground. Due to their size and required safety clearances, above-ground transformers may adversely affect development project design. Because PG&E prefers transformers to be located as close as possible to the public right-of-way, pad-mounted transformers can have a detrimental impact on a project’s appearance when viewed from public streets. In addition, their footprint and clearance requirements often require dedicating land that could otherwise be used for additional dwelling units, increased residential square footage, retail frontage on commercial corridors, or common space. From a land use planning perspective, the requirement to install pad-mounted transformers above ground negatively affects residential and mixed-use design quality and may reduce achievable residential densities and commercial vitality.

To better understand other operational and safety considerations, Land Use Planning staff requested input from the Building & Safety Division and Public Works Department regarding transformer siting preferences. These staff preferred above-ground transformers to be located on private property, to minimize any potentially negative impact on the availability or usability of public rights of way.

While staff could not identify studies that specifically compared underground to above- ground electrical distribution equipment risk, research did reveal that the relative safety of underground versus above-ground transformers involves competing risks. On one hand, underground transformers are generally less exposed to external hazards such as vehicle collisions, falling trees, severe weather, vandalism, and accidental public contact, which can reduce the likelihood of certain types of incidents. On the other hand, when maintenance or repair work is required, underground installations can place workers in confined or restricted spaces where avoiding energized equipment may be more difficult.

A particularly dangerous hazard related to electrical distribution equipment is the risk of an arc flash, which is a type of electrical explosion that occurs when electric current passes through the air. The Occupational Safety and Hazards Administration notes that

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the risk of arc-flash incident increases with proximity to energized equipment.4 Smaller approach boundaries and confined vault conditions may make it harder for workers to maintain safe distances from electrical equipment. Industry data indicate that transformers of all kinds (both above ground and underground) account for only a small share of reported arc-flash incidents (approximately 3.8%), and human error is a contributing factor in roughly two-thirds of arc-flash events, suggesting that work practices and maintenance procedures are often more significant determinants of risk than the equipment type itself.5 That said, even while incidents occurring in underground vaults are relatively infrequent, they are disproportionately severe when they occur because of confined-space conditions, limited egress, and the potential accumulation of heat, pressure, smoke, or gases. Overall, the evidence suggests that underground transformers may reduce the frequency of incidents arising from external causes, while potentially increasing the consequences and complexity of worker-safety hazards during maintenance and emergency-response activities.

Staff in the Office of Energy and Sustainable Development also shared concerns about the impact of underground transformers on future electrification efforts. Undergrounding an electrical transformer could affect future electrification opportunities by constraining the ability to upgrade transformer capacity as electrical demand increases. As buildings transition from natural gas to electric appliances and add vehicle charging, additional electrical infrastructure may be needed, and an underground transformer can be more difficult and costly to replace or expand than an above-ground installation. While future increases in electrical demand may be moderated by improvements in building and appliance efficiency, which could reduce overall energy consumption, the extent to which efficiency gains will offset increased demand from building electrification and electric vehicle charging remains uncertain. In addition, underground transformers offer less resilience because power outages are more likely and are likely to last longer.

Specifically, maintenance of underground transformers is more difficult, time- consuming, and dangerous, so restoring power after an outage takes longer.

Underground equipment is subject to water accumulation, which can contribute to equipment failure and result in the contamination of water.

Staff in the Toxics Management Division identified water intrusion as the primary environmental concern associated with underground transformers. Unlike an above ground release, a leak from an underground transformer may not be readily visible and could go undetected for a longer period of time. Staff recommended that groundwater conditions, water intrusion potential, and flood risk be considered during the siting and design of underground transformer installations.
4 https://www.osha.gov/sites/default/files/publications/OSHA4472.pdf 5 https://jscholarship.library.jhu.edu/server/api/core/bitstreams/8a734ce7-4844-4eb6-a109- e9e1c9f6a8c5/content

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Developer Input
To understand feasibility and cost from the development community’s perspective, staff solicited input from local housing developers. They provided written responses to a series of questions regarding transformer requirements and placement. Developers report that they typically cannot physically fit transformers—above ground or underground—on small infill parcels without eliminating housing units, due to PG&E’s strict clearance requirements. Their responses reflected a desire to maximize developable space and to limit the adverse effects of requirements to place transformers above ground and/or in internal areas within buildings that could be utilized instead to provide more units or amenities. Developers therefore supported placing transformers in the public right-of-way, to maximize developable space on their parcel, and preferably below ground, to minimize any potentially negative impact on the availability or usability of public rights of way.

Proposed Ordinance
The proposed ordinance creates a default assumption that transformers are to be located underground, either on private property or within the public right-of-way. This approach removes equipment from sidewalks and frontages, and avoids the potential loss of residential, commercial, or common open space that can occur with large above- ground pads on constrained infill sites.

Requiring underground placement could also encourage PG&E to consider alternative approaches. When undergrounding is clearly required by local regulation, PG&E is incentivized to evaluate alternative solutions, such as different configurations, rather than defaulting to above-ground installations. This dynamic is illustrated by the experience in the City of Fremont, where a local zoning code requirement to underground transformers on private parcels has prompted utilities to work within that constraint and pursue compliant underground solutions, rather than shifting impacts into the public realm.

While the proposed amendment would prohibit above-ground placement of electrical distribution equipment on private property, it would not create an entitlement to place electrical distribution equipment within the public right-of-way. The proposed amendment would not infringe on the City’s discretion to approve encroachments in the public right-of-way. Approval of encroachments would remain at the sole discretion of the City Engineer and would be based on protection of public safety, ADA accessibility, pedestrian and bicycle access, emergency response, existing and future public infrastructure, streetscape impacts, utility conflicts, operations, and maintenance considerations. It would also not require the City Engineer or the Public Works Department to identify, design, justify, or accommodate placement in the public right-of- way.

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As noted above, transformer siting has historically been determined on a project-by- project basis through coordination among project applicants, PG&E, and City staff, without an explicit zoning standard governing transformer placement on private property or within the public right-of-way. For projects incorporating underground transformer vaults in the public right of way, applicants typically obtain a letter from the City's Land Use Planning Division following zoning approval. This letter is provided to PG&E to document the approved requirement for underground transformer installation in accordance with the approved plans, subject to the issuance of an Engineering Permit.

Approval of the transformer encroachment is generally processed as part of a broader Engineering Permit that also authorizes other customary improvements and utility connections within the public right-of-way, such as sewer, telecommunications, water, and other utility infrastructure.

Additionally, the applicant and/or property owner would remain solely responsible for all costs associated with design, permitting, installation, protection, maintenance, relocation, and removal of the equipment, and any approval could be conditioned on a revocable encroachment permit, maintenance agreement, indemnification, insurance, and any other requirements determined necessary by the City Engineer.

BACKGROUND
Planning Commission Meeting – June 4, 2025
At its meeting of June 4, 2025, the Planning Commission received staff’s proposed BMC amendments and unanimously recommended Council adoption, with changes reflected in the Planning Commission’s motion and included in Attachment 2 (Moved Twu, Second Kahn, Ayes: Merker, Vincent, Owens, Oatfield, Kahn, Marthinsen, Twu, and Hauser. Noes: None. Abstain: None. Absent: None (8-0-0-0)).

The proposed ordinance (Attachment 1) differs slightly in wording and organization than the version of the ordinance recommended by the Planning Commission. The proposed ordinance has a definition of Electrical Distribution Equipment that includes not only transformers, but also associated pads, switches and other features, and also includes language restating the City Engineer’s exclusive authority to permit the placement of Electrical Distribution Equipment in the public right-of-way.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Implementation of these zoning amendments may result in a greater density of housing units, particularly on infill sites with good proximity to transit and existing pedestrian and bicycling infrastructure. As a result, residents in these developments may be more likely to use cleaner forms of transportation. Transportation is responsible for the majority of Berkeley’s greenhouse gas emissions (58% in 2023). In addition, new construction, subject to current energy and green building codes, has increased requirements for energy and water efficiency, electrification, and EV charging infrastructure.

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However, undergrounding electrical transformers could also affect future electrification opportunities by constraining the ability to upgrade transformer capacity as electrical demand increases. Buildings are the second largest contributor to Berkeley’s greenhouse gas emissions (39% in 2023) and completely transitioning buildings to clean electricity is key to reducing these emissions.

RATIONALE FOR RECOMMENDATION
The recommended ordinance responds to identified land use policy concerns and formalizes a clear rule for transformer siting. Above-ground transformers are bulky, visually prominent, and difficult to integrate into constrained infill sites without compromising building form, active frontages, or pedestrian circulation. Requiring below-grade placement on private property keeps this equipment out of front setbacks and, in many cases, out of the public sidewalk, supporting quality urban design and more efficient use of limited land.

The ordinance also facilitates transformer placement decision-making early in project planning, giving applicants a predictable standard around which to design the site and negotiate with the utility provider. This provides a more consistent framework for coordination among project sponsors, Land Use Planning, Building & Safety, Public Works, and the utility company, supporting Safety Element policies to maintain the functionality of key routes and critical facilities during and after hazard events (e.g., Policy S-12). It provides clear direction on expectations around the placement of transformers on private property, while reiterating the City Engineer’s continued authority to regulate the placement of transformers on public property.

ALTERNATIVE ACTIONS CONSIDERED
Council could take no action on the proposed amendments. Under this “no project” alternative, BMC Section 23.304.100 would continue to address garbage cans, utility meters, and lighting, but not transformer placement. Staff would continue to negotiate equipment locations on a project-by-project basis, and above-ground transformers could continue to appear in front setbacks or near the public right-of-way without clear standards. This alternative is not recommended because it does not address the identified policy and design concerns and perpetuates a fragmented approach.

CONTACT PERSON
Branka Tatarevic, Associate Planner, Planning and Development, 510-981-7472.

Attachments:
1: Ordinance
2: Planning Commission Staff Report, June 4, 2025
3: Public Hearing Notice

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ORDINANCE NO. -N.S.

AMENDMENTS TO TITLE 23 (ZONING ORDINANCE) OF BERKELEY MUNICIPAL

CODE TO REQUIRE UNDERGROUNDING OF TRANSFORMERS ON PRIVATE

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

Section 1. That Berkeley Municipal Code Section 23.304.100 is amended to read as follows:

23.304.100 Site Features in Residential Districts.

A. ApplicabilityAll Residential and Commercial Zoning Districts. The standards in this section apply in all Residential and Commercial zoning Districtsdistricts, and to all residential, commercial, and mixed-use projects.

1. Electrical Distribution Equipment. Electrical Distribution Equipment means primary-voltage electrical distribution system equipment, including but not limited to transformers, switches and fuses, and junction bars, and associated pads and enclosures needed for installation, operation, and maintenance.

2. Above Grade and Pad-Mounted Electrical Distribution Equipment Prohibited: No Electrical Distribution Equipment serving the development shall be installed above grade on a private parcel, except where the City Engineer determines that it is not in the public interest to site electric distribution equipment within the public right-of-way.

3. Electrical Distribution Equipment within Public Right-of-Way. Approval of the placement of any Electrical Distribution Equipment within the public right-of- way shall be at the sole discretion of the City Engineer and shall be based on protection of public safety, ADA accessibility, pedestrian and bicycle access, emergency response, existing and future public infrastructure, streetscape impacts, utility conflicts, operations, and maintenance considerations. Nothing in this section requires Public Works or the City Engineer to identify, design, or approve a location in the public right-of-way.

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B. Residential Districts. The standards in this section apply in Residential Districts.

1. Garbage Cans. All garbage cans shall be effectively screened from view from the public right-of-way and surrounding properties.

2. C. Utility Meters. For buildings with two or more units, all utility meters shall be effectively screened from view from the public right-of-way and surrounding properties.

3. D. Pedestrian Walkway for Multiple Dwellings.
a1. All multi-family dwellings shall have an unobstructed walkway for pedestrian access from the public right-of-way to the building.
b2. The required walkway shall be separated and physically protected from a driveway or off-street parking spaces with a minimum 2-foot wide landscaped strip.
4E. Exterior Lighting.

1. All exterior lighting shall be shielded and directed downward and away from lot lines to prevent excessive glare beyond the property on which the light is located.

2. Lights on motion sensors may not be triggered by movement or activity located off the property on which the light is located.

Section 2. Copies of this Ordinance shall be posted for two days prior to adoption in the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way. Within 15 days of adoption, copies of this Ordinance shall be filed at each branch of the Berkeley Public Library and the title shall be published in a newspaper of general circulation.

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Planning and Development Department
Land Use Planning Division

STAFF REPORT
DATE: June 4, 2025
TO: Members of the Planning Commission
FROM: Branka Tatarevic, Associate Planner
SUBJECT: Amendments to Title 23 (Zoning Ordinance) of Berkeley Municipal Code to require undergrounding of transformers on private property

RECOMMENDATION
Conduct a public hearing, receive public comment, and upon conclusion make a recommendation to City Council on proposed amendments to Berkeley Municipal Code (BMC) Section 23.304.100 (Attachment 1).

BACKGROUND
The existing BMC Section 23.304.100 specifies requirements for site features within residential districts, primarily addressing screening and pedestrian access. However, current zoning standards do not sufficiently address the placement of transformers in all zoning districts.

The proposed ordinance amendment originates from recent rejections by Pacific Gas & Electric (PG&E) to allow the undergrounding of transformers for medium -sized development projects in Berkeley. In response, a City Councilmember request ed consideration of undergrounding requirements on private property and i nterest was expressed by Planning Commissioners at the March 5, 2025 Planning Commission meeting.

PG&E currently requires that transformers be installed above-ground unless a jurisdiction has explicit regulations to require undergrounding of electrical equipment. This requirement for the placement of above- ground transformers has created design and circulation conflicts. Recent development projects have highlighted the need for regulations to optimize lot usage and avoid conflicts with site layout and circulation. In response, the City proposes to update the Z oning Ordinance to require underground installation of transformers for all new development projects.

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Amendments to the BMC to Require Undergrounding of Transformers Planning Commission June 4, 2025

DISCUSSION
The key changes proposed to BMC Section 23.304.100 include:
 Expanding applicability from Residential Districts to all zoning districts.

Requiring new transformers serving residential or mixed- use development on parcels below a specified size to be installed below ground for new development.  Defining conditions under which above- ground electrical equipment, if approved, must be located and screened from public view.

ENVIRONMENTAL REVIEW
The proposed zoning ordinance amendments do not include any allowances for additional development capacity or other new physical changes to the environment that are not already permitted and previously evaluated under CEQA . Adoption of the proposed amendments would in no way have a significant effect on the environment and therefore is not subject to CEQA (CEQA Guidelines Section 15061(b)(3), Common Sense Exemption).

NEXT STEPS
Upon a recommendation from the Planning Commission, the City Council will conduct a public hearing on the proposed ordinance.

CONTACT PERSON
Branka Tatarevic, Associate Planner, Planning and Development Department, 510-981- 7472

ATTACHMENTS

1. Planning Commission Resolution
Exhibit A. Draft Zoning Ordinance Amendments

2. Public Hearing Notice
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ATTACHMENT 1

PLANNING COMMISSION
RESOLUTION NO. 2025-04

A RESOLUTION OF THE CITY OF BERKELEY PLANNING COMMISSION

RECOMMENDING THE CITY COUNCIL ADOPT PROPOSED AMENDMENTS TO BERKELEY MUNICIPAL CODE SECTION 23.304.100 TO REQUIRE UNDERGROUNDING

OF TRANSFORMERS ON PRIVATE PROPERTY
WHEREAS, the City of Berkeley regulates development on private land through the Berkeley Municipal Code, including Title 23 (Zoning); and WHEREAS, BMC Section 23.304.100 currently addresses cer tain site features in
residential districts, but does not address the placement of electrical equipment in all zoning districts; and
WHEREAS, the proposed amendment was prompted by a City Councilmember request, Planning Commission interest, and staff experience processing medium -sized development applications where above- ground electrical equipment created design and circulation challenges;
WHEREAS, the proposed undergrounding requirement supports the quality urban design, efficient land use, and improved visual character; and WHEREAS, a public hearing notice was published in the Berkeley Voice and posted in three public places pursuant to California Government Code Section 65090 for the public hearing held on June 4, 2025.

WHEREAS, all documents constituting the record of this proceeding are and shall be retained by the City of Berkeley Planning and Development Department, Land Use Planning Division, at 1947 Center Street, Berkeley, California; and WHEREAS, the proposed amendments would have no adverse effect on the environment, and are thereby exempt from CEQA under CEQA Guidelines Section 15061(b)(3).

NOW, THEREFORE, IT BE RESOLVED that the Planning Commission does hereby recommend to the City Council of the City of Berkeley to adopt the amendment to BMC Section

23.304.100, as contained in Exh
ibit A, attached hereto and hereby incorporated by reference; and
BE IT FURTHER RESOLVED , that p ursuant to Berkeley Municipal Code Section

23.412.060, the Planning Commission makes the following findings to support its recommendation for the zoning ordinance amendments:
(1) The proposed amendment is consistent with the General Plan and any applicable specific plan or area plan. The zoning ordinance amendments are not inconsistent with the General Plan or any specific or area plan. The General Plan’s Disaster Preparedness and Safety Element prioritizes undergrounding of utility infrastructure.

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(2) The proposed amendment is consistent with state law. The zoning ordinance amendments are consistent with state law, and similar regulations have been adopted by other jurisdictions without legal challenge or determination of illegality; (3) The proposed amendment will not be detrimental to the public interest, health, safety, convenience, or welfare . The zoning ordinance amendments serve the public interest by requiring the undergrounding of transformers that may otherwise occupy locations on a site that may decrease development potential or obstruct internal circulation, while also providing exceptions to the undergrounding requirement in certain cases;
(4) The proposed amendment is internally consistent with other applicable provisions of the Zoning Ordinance. The zoning ordinance amendments revise an existing set of site standards and do not contradict other provisions within the zoning ordinance.

I HEREBY CERTIFY the foregoing resolution was passed and adopted by the Planning Commission of the City of B
erkeley, at a regular meeting thereof, held on the 7th day of May 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

_________ _
Alisa Shen

SECRETARY TO THE PLANNING COMMISSION

Exhibit A: Ordinance

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EXHIBIT A

ORDINANCE NO. -N.S.

AMENDMENTS TO TITLE 23 (ZONING ORDINANCE) OF BERKELEY MUNICIPAL

CODE TO REQUIRE UNDERGROUNDING OF TRANSFORMERS ON PRIVATE PROPERTY.

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

Section 1. That Berkeley Municipal Code Section 23.304.100 is amended to read as follows:

23.304.100 Site Features in Residential Districts.

A. All Districts. The standards in this section apply in all Zoning Districts.

1. Undergrounding Requirement.
a. Residential and Mixed-Use Properties. For residential and mixed- use developments on lots 6,000 square feet or smaller and containing five or more dwelling units, all transformers serving the development shall be installed below grade (subsurface).

b. Commercial Properties. For exclusively commercial properties, pad-mou
nted transformers may be permitted provided that:

i. Above-ground installation is accommodating public
infrastructure design, and
ii. Located outside required setbacks;
iii. Not located between the building and a public street or sidewalk unless no alternative location is feasible; and Screened by landscaping, fencing, or architectural features consistent with the design of the building
B. Residential Districts. The standards in this section apply in Residential Districts.1. Garbage Cans. All garbage cans shall be effectively screened from view from the public right-of-way and surrounding properties.

2. Utility Meters. For buildings with two or more units, all utility meters shall be effectively screened from view from the public right-of-way and surrounding properties.

3. Pedestrian Walkway for Multiple Dwellings.

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a. All multi-family dwellings shall have an unobstructed walkway for pedestrian access from the public right-of-way to the building.
b. The required walkway shall be separated and physically protected from a driveway or off-street parking spaces with a minimum 2-foot wide landscaped strip.

4. Exterior Lighting.

1. All exterior lighting shall be shielded and directed downward and away from lot lines to prevent excessive glare beyond the property on which the light is located.

2. Lights on motion sensors may not be triggered by movement or activity located off the property on which the light is located.

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Attachment 3

NOTICE OF PUBLIC HEARING

BERKELEY CITY COUNCIL
AMENDMENTS TO BMC TITLE 23 ZONING
The public may participate in this hearing by remote video or in-person.

Notice is hereby given by the City Council of the City of Berkeley that on TUESDAY, October 13, 2026 at 6:00 P.M. a public hearing will be conducted to consider the Planning and Development Department proposal to amend BMC Title 23 (Zoning) Section 23.304.100 to include citywide requirements for the undergrounding of Electrical Distribution Equipment.

The hearing will be held on October 13, 2026 at 6:00 p.m. in the School District Board Room, located at 1231 Addison Street, Berkeley CA 94702.

For further information, please contact Branka Tatarevic, Associate Planner at (510) 981- 7472.

A copy of the agenda material for this hearing will be available on the City’s website at https://berkeleyca.gov/ as of September 3, 2026. Once posted, the agenda for this meeting will include a link for public participation using Zoom video technology, as well as any health and safety requirements for in-person attendance.

Published: October 2, 2026 – The Berkeley Voice
Public Hearing required by BMC 23.412.050 and Govt Code 65853; notice provided according to Govt Code 65090 and BMC 23.404.040.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ 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 October 1, 2026.
__________________________________
Mark Numainville, City Clerk

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

ACTION CALENDAR
October 13, 2026
(Continued from September 29, 2026)
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: Affordable Housing Preference Policy: Pilot Assessment and Policy Update

RECOMMENDATION
Adopt a Resolution rescinding Resolution No. 70,960-N.S. to revise and update the Affordable Housing Preference Policy for new residential housing units created via the Housing Trust Fund (HTF) and Below Market-Rate (BMR) programs.

SUMMARY
The Affordable Housing Preference Policy (AHPP) was adopted on July 11, 2023, to advance anti-displacement and historical justice goals. Pilot data from Maudelle Miller Shirek Community (MMSC) and several BMR lease-ups show that a simplified, ranked- tier system better supports applicants and advances policy goals. This report details data-driven updates to center equity and improve applicant experience.

Staff recommend adopting a revised, tier-based policy to better serve the community and continue the policy’s anti-displacement goals. The proposed policy would be effective November 1, 2026, for new HTF and BMR projects.

The AHPP is one of many tools the City uses to support unhoused and low-income households, including Permanent Supportive Housing, interim housing, the Shelter Plus Care program, project-based vouchers, the Housing Retention Program, the Housing Trust Fund, and the Small Sites Program.

FISCAL IMPACTS OF RECOMMENDATION
The proposed policy will reduce costs associated with City staff time. HHCS Homeless Services staff will no longer review and approve hundreds of preference verification applications. Meanwhile, Housing Services staff time will continue to fluctuate, peaking during new lease-ups. Staff time will also be saved by reducing technical assistance to developers and property managers to implement the policy.

Creating a streamlined, tier-based application will allow property managers to approve new leases faster. This will allow residents to move in sooner, which starts a property's cash flow and reduces interest costs on construction loans. This will also benefit new

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residents by allowing them to access their units more quickly, providing stable housing for their own finances.

CURRENT SITUATION AND ITS EFFECTS
The proposed policy includes the following changes:
1) Shifting preferences from a points-based system to a ranked tier system; and
2) Consolidating preference categories to address challenges with existing categories, as well as elevate what is working well.

Applicants must meet income limits, household size rules, and other unit requirements.

Current Policy
The current policy uses a points-based system with seven preference categories. A lottery is conducted that assigns applicants a random lottery number, and then groups applicants by their total points. Within those point groups, applications are sorted by lottery rank. Applicants displaced by BART construction are prioritized first. All other preferences are worth one point each. To claim these points, applicants must provide separate verification documents for every preference selected.

Table 1. Preference Point System (Current Policy)
Points Preference
First priority Displacement due to BART construction
1 Displaced due to foreclosure
1 Displaced due to eviction
1 Families with children
1 Homeless OR at-risk of homelessness
1 Ties to redlined areas
1 Ties to redlined areas – historical
Updated Policy Proposal: Ranked Tiers
The proposed tier system groups applicants by priority, with all applicants in a higher tier considered before units are offered to the next tier. Under this system, applicants only provide verifying documentation for their highest qualifying preference. Standard affordable housing documentation can be administratively overwhelming for applicants.

Reducing this verification burden is an important goal.

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Table 2. Ranked Tier Preference Point System (Proposed Policy) Tier Preference
Tier 1 (first priority) Displaced due to construction of BART stations in Berkeley Tier 2 (second priority) Direct descendant of Berkeley redlined neighborhood resident – households with children under 18
Tier 3 (third priority) Direct descendant of Berkeley redlined neighborhood resident – households without children
Tier 4 (fourth priority) Current/displaced Berkeley resident – households with children under 18
Tier 5 (fifth priority) Current/displaced Berkeley resident – households without children
Tier 6 All other applicants
The proposal consolidates categories based on the following lessons from the pilot period:
 Removes homeless priority: A significant majority of homeless applicants did not income-qualify for available units. This severe income mismatch resulted in relatively few housing placements while creating false expectations. Promoting structurally unavailable housing may exacerbate applicant housing trauma. The administrative burden was also disproportionate to outcomes with staff spending significant time on verifying homeless applicants who did not ultimately receive housing placements.
 Streamlines displacement categories: Consolidates the eviction and foreclosure categories into a single displaced from Berkeley category. This better reflects a multitude of displacement circumstances, reduces policy complexity, and eliminates applicant confusion regarding out-of-city eligibility.  Consolidates redlining categories: Prioritizes the redlined neighborhood descendant category given substantial overlap with the redlined neighborhood resident category. The pilot revealed that nearly two-thirds of verified redlined neighborhood residents were also verified descendants of redlined neighborhood residents.

The revised policy establishes a sequential tier system that honors historical justice while supporting families with children:

1. Historical justice (Tier 1): Eminent domain for BART construction directly displaced Berkeley families and stripped intergenerational wealth. Community engagement determined this group warrants highest priority. This has not changed from the current policy.

2. Equity and redlining (Tiers 2 and 3): The pilot demonstrated that redlined preferences provided a pathway for displaced, long-term residents to return.

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Families with generational roots in Berkeley’s redlined neighborhoods of South and West Berkeley are harmed by decades of redlining, disinvestment, and subsequent gentrification and displacement. The updated tier system elevates this group directly.

3. Families with children first (Tiers 2 and 4): Within categories of descendants of Berkeley redlined neighborhood residents and current/displaced Berkeley residents, the policy prioritizes families with children. Families with children may be most vulnerable to and impacted by displacement. National research underscores that low-income single mothers with young children are at the highest risk of eviction.

4. Current/displaced Berkeley residents (Tiers 4 and 5): Supports Berkeley residents in staying stably housed and assists displaced community members to return.

Staff will revise Administrative Guidelines and coordinate with the regional online housing portal, Doorway, to implement the tiers.

Pilot Outcomes
The first project to implement Berkeley’s AHPP was the 87-unit Maudelle Miller Shirek Community. MMSC applications were open in January and February 2024, and lease- up was completed in June 2025. MMSC is located at 2925 Adeline Street, in the heart of South Berkeley, and the Healthy Black Families (HBF) offices are on the ground floor.

HBF in co-developed the community-driven AHPP. This included leading targeted engagement and organizing a cohort of community advisors to shape policy development. They continue to provide implementation support, including tenant research and outreach.

Staff worked with research partners HBF and Street Level Advisors to conduct qualitative and quantitative assessment of the preference policy pilot. This mixed- methods research involved the participation and insights of:
 MMSC applicants and residents;
 MMSC developer Resources for Community Development (RCD) and leasing staff at John Stewart Company;
 Doorway managing agency Metropolitan Transportation Commission (MTC) and portal platform developer Exygy;
 HHCS Homeless Services staff and local homeless service providers;  HHCS Asset Management and Preservation staff (re: BMR properties); and  Staff and partners in San Francisco and East Palo Alto who implement preference policies.

Data from the MMSC lease-up revealed operational successes alongside systemic constraints. Table 3 outlines verification outcomes from the pilot.

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Table 3. MMSC Preference Application Outcomes
Preference % of Verified
Applications1
% of Verified
Applicants
Under-Income
Tenants
Moved In w/
preference
BART displacement 1% 0% 1
Eviction 26% 66% 1
Foreclosure 35% 56% 1
Redlined neighborhood
resident
22% 25% 11
Redlined neighborhood
resident descendant
29% 35% 13
Homeless/at-risk of
homelessness
18% 69% 21
Family with children 55% 19% 23
Tenant households with at least one preference occupy 59% of preference units at MMSC, while non-preference households occupy the remaining 41%. The numbers in Table 3 provide insight into how applicants qualified for specific preferences; some households are represented across preference categories as applicants may qualify for more than one preference.

Table 4 details the specific preference points held by these households. These numbers reflect applicants’ various combinations of verified preferences.

Table 4. MMSC Tenants in Preference Units, by Number of Preferences Number of Preferences Number of Tenants Moved
into Preference Units
% of Total
Total Tenants with No Preferences 23 41%
Total Tenants with at Least One
Preference 33 59%
One Preference 9 16%
Two Preferences 14 25%
Three Preferences 6 11%
Four Preferences 4 7%
As shown in Table 4, four points was the highest number of preferences for households moving into MMSC preference units. Redlined neighborhood descendants are highly represented in the highest point categories. Specifically, descendants comprised all 1 Shows percentage of processed applications that were verified. “Processed” means application was reviewed (at least one preference was verified or denied). “Verified” means leasing staff confirmed eligibility.

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households with four points, two-thirds of those with three points (representing 80% of all households with three or more points), and half of all households with two or more points.

MMSC Lessons Learned by Preference Category
BART Displacement
The City verified three BART displacement preference certificates out of 205 applicants who claimed the preference. One moved into MMSC. Reviewing hundreds of unqualified applications created a bottleneck that delayed the leasing process. This highlights the need for clear response timelines. San Francisco gives applicants to their first priority Certificate of Preference five business days to respond to verification requests before they lose their priority status. The City of Berkeley does not centrally manage affordable housing applications like San Francisco, but does verify BART preference certificate applications. Staff plan to work with affordable housing developers to coordinate reasonable verification timelines for any policy revisions adopted by Council.

The City maintains an open BART displacement preference certificate application.

Individuals can apply at any time and staff review on a rolling basis. These certificates can be used at any new affordable housing opportunity. The MMSC lease-up faced immediate timeline constraints because it launched the same month the new preference policy took effect. BART certificate numbers have grown since that initial rollout. As of July 2026, the City has issued sixteen BART certificates, which cover five impacted families. The City is also planning additional targeted outreach prior to future affordable housing lease-ups to improve certificate applications. People with BART certificates will be able to use these certificates for first priority in future affordable housing lease-ups.

Foreclosure and Eviction
The foreclosure and eviction preferences were both underused compared to other preferences. Only two households moved in, one from each category. The primary barrier was a financial mismatch: 66% of qualified eviction applicants and 56% of qualified foreclosure households had incomes below the minimum limit required for the available units.

Beyond income barriers, geographic rules confused many applicants. By July 2026, the City issued certificates to thirteen people who lost housing in Berkeley because of foreclosures. Over half of certificate applications lacked basic information or listed addresses outside city limits. MMSC leasing staff confirmed that many applicants did not understand that foreclosures, evictions, or BART displacements must have occurred inside Berkeley.

Redlined Neighborhood Ties
The redlined neighborhood preferences were the most effective categories in the MMSC lease-up, yielding a total of 17 household move-ins. Within this group, 13

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households qualified as descendants of a redlined neighborhood resident, and 11 qualified as direct residents, with a high overlap of 65% of verified residents also qualifying as verified descendants. In contrast to the homeless, foreclosure, and eviction categories, only 35% of verified redlined neighborhood descendants were under-income for the available units. Additionally, leasing staff reported that these categories were among the most straightforward to verify administratively.

Families with Children
At MMSC, 41% of all applicants claimed the families with children preference. Of the applications reviewed, 55% were successfully verified, resulting in 23 families moving into the building.

Notably, 70% of these applicants claimed no other preference categories. The preference required only that applicants have children, with no mandatory connection to Berkeley. This outcome underscores the need to explicitly couple the category with local residency or displacement requirements to effectively prioritize families with existing Berkeley ties.

Homeless/At-Risk of Homelessness
Verifying this preference created a heavy administrative workload. Due to complex eligibility rules, the HHCS Homeless Services team had to manually review nearly 900 verification forms.

Only 18% of applicants reviewed for the homeless/at-risk preference were able to be verified; this is the lowest approval rate of any category outside of BART displacement.

The primary barrier to housing placement was financial mismatch: 69% of the verified households in this category had incomes below the minimum limit required for the available MMSC units. Other reasons applicants did not qualify for this category included lack of ties to Berkeley or already being prioritized for Permanent Supportive Housing.

A total of 21 households used this category to successfully move into units. However, leasing staff reported that most of the households that moved in qualified under the broad at-risk of homelessness definition rather than experiencing active homelessness.

Three-quarters of the households that successfully leased up through this category also held other preferences.

BMR Properties Pilot
As of July 2026, two BMR properties have completed lease-up with a total of five preference units. Another nine BMR properties are currently leasing up with preferences.

At one property, three units used preferences: one household qualified with two points for redlined neighborhood ties and foreclosure, another with two points for redlined

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Berkeley City CouncilOctober 13, 2026

Berkeley City Council
October 13, 2026