BERKELEY CITY COUNCIL MEETING

Summary

This ordinance amends Berkeley Municipal Code Chapter 14.68, which governs bicycles and motorized bicycles. The amendments primarily clarify existing regulations and definitions. Key changes include:

• Definitions: Clarifies definitions for "bicycle," "bicycle establishment," "motorized bicycle," and "motorized scooter."
• Operation: Reinforces rules for operating bicycles and motorized bicycles, including prohibitions on sidewalks for motorized scooters and bicycles in certain areas (e.g., playgrounds where children are playing).
• Parking: Prohibits parking bicycles, motorized bicycles, or motorized scooters against windows, parking meters, or on the main-traveled portion of the sidewalk in a manner that creates a hazard.
• Accidents: Outlines procedures for operators involved in accidents, requiring them to exchange information and report accidents resulting in death or injury to the Police Department.

The ordinance was passed to print on January 20, 2026, with a unanimous vote by the Council.

Citizen Impact

This ordinance clarifies existing rules for bicycle and motorized scooter operation and parking, aiming to improve safety and reduce sidewalk obstructions. Residents should be aware of updated definitions and accident reporting requirements.

Confidence

high

Summary

This ordinance, Ordinance No. 7,998-N.S., amends Berkeley Municipal Code Section 14.40.100 to update disability parking standards. The definition of "Disabled Person" is updated to align with California Vehicle Code § 295.5. Crucially, the ordinance extends parking privileges to vehicles operated by an authorized caregiver or support person when they are driving or transporting the disabled person. This means a vehicle displaying a disabled person placard or license plate can be parked in areas with time limits or without operating a meter, provided the disabled person is in the vehicle. Requirements include the disabled person, or their caregiver/support person, possessing a valid driver's license and the placard identification card, and displaying the DMV-issued placard or license plate correctly. Privileges are only claimed when the disabled person is operating or being transported. The ordinance clarifies that these benefits do not permit parking in zones where parking is otherwise unlawful or in 24-minute parking zones. Abuse of these privileges will result in enforcement and penalties as provided in Chapter 1.20 of the BMC. The ordinance passed with a unanimous vote of 9-0 by the Council on January 20, 2026.

Citizen Impact

This change will make it easier for disabled individuals and their caregivers to utilize city parking by extending parking privileges to authorized drivers when the disabled person is present. This could reduce parking stress and increase accessibility for those with disabilities.

Confidence

high

Summary

This ordinance, Ordinance No. 7,999-N.S., amends Berkeley Municipal Code Title 21 (Subdivisions) to establish Chapter 21.29, allowing for the separate sale of Accessory Dwelling Units (ADUs) as condominiums. This new chapter provides a streamlined, ministerial process for qualifying ADU condominium subdivisions, provided they meet specific criteria:

• The lot must have at least one primary dwelling unit and one legally established ADU (or a valid permit for a new ADU).
• The subdivision cannot result in more than ten (10) total condominium units on the lot.
• Junior ADUs are not eligible for conversion to condominiums.

The process requires a permit from the Planning Director, adherence to the Davis-Stirling Common Interest Development Act, a safety inspection of the ADU, and written consent from each lienholder. For "Covered Rental ADUs" (rented ADUs not fully exempt), specific tenant protections apply, including a continued right to occupy and an exclusive right to purchase the unit within 90 days. A conforming amendment to Title 23 (Zoning) clarifies that ADUs generally cannot be sold separately unless authorized by this new chapter, specific nonprofit developer provisions, or state law. The ordinance passed with a vote of 7 Ayes and 0 Noes, with two Councilmembers recusing themselves.

Citizen Impact

This ordinance allows homeowners with existing ADUs to potentially sell them separately as condominiums, which could increase housing supply and provide new ownership opportunities. However, it also includes tenant protections, ensuring current renters in ADUs have rights to continue occupying their units and an exclusive window to purchase.

Confidence

high

Summary

This ordinance amends Berkeley's Zoning Code (Title 23) to streamline the approval process for housing projects on sites previously identified as housing opportunities in the city's Housing Elements. Specifically, it allows for by-right approval (requiring only a building permit) for qualifying housing developments on these sites, provided that at least 20% of the units are affordable to lower-income households. The ordinance also revises the Design Review process for these projects, requiring a single, non-binding consultation with the Design Review Committee and making staff-level design review not subject to appeal. This aims to accelerate the development of needed housing, particularly affordable units, on designated opportunity sites.

Citizen Impact

This change allows for faster development of housing projects, including affordable units, on specific sites identified in previous housing plans. Residents may see new housing construction in their neighborhoods with a streamlined approval process, potentially increasing housing availability.

Confidence

high

Summary

This ordinance rescinds and replaces the previous Police Equipment and Community Safety Ordinance (Ordinance No. 7760-NS) with a new "Police Equipment Ordinance" (Chapter 2.100 of the Berkeley Municipal Code). The primary driver for this change is to align local regulations with the new statewide framework established by California Assembly Bill 481 (Chapter 12.8 of the Government Code), which governs police equipment reporting and oversight. The new ordinance aims to streamline administrative processes, eliminate duplicative efforts for City staff and the Police Accountability Board (PAB), and maintain robust public transparency and accountability. It incorporates state law requirements by reference and specifies additional local standards, including expanded reporting on equipment use and impact statements. The ordinance also clarifies the roles and timelines for the Berkeley Police Department (BPD) and the PAB in reviewing and approving police equipment policies and annual reports. The new ordinance applies to the 2025 report and subsequent reports, with an effective date 30 days after its second reading. The ordinance passed with a vote of 7 Ayes and 2 Noes.

Citizen Impact

This ordinance aims to streamline oversight of police equipment by aligning local rules with state law, potentially reducing administrative burdens. Residents will continue to benefit from transparency and accountability measures regarding police equipment acquisition and use, as required by both state and local law.

Confidence

high

Summary

This item establishes a new job classification for a Risk Manager within the City Attorney's Office. The proposed salary range is $69.93 to $85.00 per hour, translating to an annual cost of $145,453.80 to $176,800.00 for salary alone, with total compensation including benefits ranging from $255,489.60 to $310,549.20 for one position. This role will manage the City's public liability risk portfolio, claims, and serve as a liaison with the Bay Cities Joint Powers Insurance Authority. The creation of this position is intended to free up existing Deputy and Assistant City Attorneys who currently handle these duties, aligning with the City's Strategic Plan to create a resilient and prepared city. The Personnel Board unanimously recommended approval, and the classification is unrepresented and exempt under FLSA.

Citizen Impact

This action creates a new, well-compensated position to manage city risks and claims. While it does not directly increase taxes, the significant salary and benefits package for this role will be funded from the City's general fund, impacting the overall budget.

Confidence

high

Summary

This item seeks Council approval to issue formal bid solicitations and requests for proposals (RFPs) for two projects, with an estimated total cost of $1,820,000. The projects are:

• South Berkeley Senior Center Water Heater Replacement: Estimated cost of $320,000, funded by Measure T1. This involves procuring and replacing the broken water heater at the senior center.
• Cedar Rose Playground (5-12) Renovation and Site Improvements: Estimated cost of $1,500,000, funded by the Parks Tax. This covers construction services for the renovation of the playground and site improvements.

Upon Council approval and no objections within one week, the IFBs (Invitations for Bid) or RFPs may be released to the public. Contracts exceeding the City Manager's purchasing authority thresholds will return to Council for final approval.

Citizen Impact

Residents can expect improvements to local facilities, including the replacement of a critical water heater at the South Berkeley Senior Center and the renovation of the Cedar Rose Playground. These projects will be funded through existing measures (Measure T1 and Parks Tax).

Confidence

high

Summary

The City Council is considering a contract with Scotts PPE Recon, Inc. for the cleaning, maintenance, and repair of Firefighter Personal Protective Equipment (PPE) and PPE extractors. This service is essential to meet National Fire Protection Association (NFPA) 1851 standards and Occupational Safety and Health Administration (OSHA) requirements, as firefighter gear is exposed to hazardous materials. The city lacks the in-house facilities and personnel to perform this function. A Request for Proposal (RFP) was issued, and Scotts PPE Recon, Inc. was selected as the most responsive bidder. The contract has a base period from February 11, 2026, to February 10, 2028, for an amount not to exceed $150,000. It includes an option to extend for three additional one-year periods, potentially increasing the total contract amount to $405,000 by February 10, 2031. Funding will come from the General Fund, Measure FF, and UC Settlement funds.

Citizen Impact

This contract ensures that firefighters have properly maintained and safe protective gear, which is crucial for their health and safety while responding to emergencies. This is a necessary operational expense for the Fire Department and does not represent a new tax or fee for residents.

Confidence

high

Summary

The City of Berkeley is applying for up to $1,250,000 in funds from the State of California's Prohousing Incentive Program (PIP) for Round 4. This funding, if awarded, will support the Department of Health, Housing and Community Services' (HHCS) programs for low-income or unhoused residents. Eligible uses include the Housing Trust Fund and/or homeless services such as rapid rehousing, rental assistance, navigation centers, emergency shelters, and permanent/transitional housing. The City previously received $1,250,000 in Round 2 PIP funds and has maintained its Prohousing Designation, which is required for eligibility. The application deadline is March 31, 2026.

Citizen Impact

This application seeks funding that will directly support programs aimed at assisting low-income and unhoused residents in Berkeley, potentially expanding services like rental assistance and shelter options.

Confidence

high

Summary

This item requests the City Council to extend funding reservations for four affordable housing projects by an additional 24 months. These projects, which have already received prior funding approvals, include:

• Ashby Lofts (2909-2919 Ninth Street) with a reservation of $850,000.
• Supportive Housing in People’s Park (2556 Haste) with a reservation of $14,359,593.
• Ephesian Legacy Court (1708 Harmon) with a reservation of $14,531,301.
• North Berkeley BART Project with a reservation of $21,500,000.

The extensions are necessary due to typical development delays, allowing projects to secure final financing and complete development steps. The funding sources include the Housing Trust Fund, Measure O Bond funds, Measure U1 funds, and Affordable Housing Mitigation Fees. No additional fiscal impact is expected as these are extensions of existing reservations.

Citizen Impact

This action maintains the progress of four critical affordable housing projects, ensuring they can continue development and secure necessary funding. Residents benefit from the continued availability of these units aimed at low- and very-low-income households and those experiencing homelessness.

Confidence

high

Summary

The City Council is considering accepting a cash donation of $3,400 from the family of Samuel Reitan Boyden to fund a memorial bench at Codornices Park. This donation will cover the cost of purchasing and installing the bench. The funds will be deposited into a specific Parks Tax donation revenue account and appropriated in FY 2026. The donation aligns with the City's Park Bench Donation Policy and the Open Governance Ordinance, which requires Council approval for gifts exceeding $1,000. The vendor, Dumor, Inc., uses sustainably-harvested wood, complying with the City's environmentally preferable purchasing policy.

Citizen Impact

Residents can expect a new memorial bench in Codornices Park to honor Samuel Reitan Boyden, funded entirely by a private donation, with no direct cost to taxpayers.

Confidence

high

Summary

This item concerns the acceptance of a cash donation of $3,400 from the family of Luke Kreinberg to fund a memorial bench at Strawberry Creek Park. The donation will cover the cost of purchasing and installing the bench and plaque. The funds will be deposited into the Parks Tax donation revenue budget and appropriated in FY 2026. The City's Park Bench Donation Policy allows for such donations, subject to the Director's approval and City Council acceptance for gifts over $1,000. The vendor, Dumor, Inc., uses sustainably-harvested wood, aligning with the City's environmentally preferable purchasing policy.

Citizen Impact

Residents can expect to see a new memorial bench at Strawberry Creek Park, funded by a private donation, enhancing park amenities without using public funds.

Confidence

high

Summary

This item proposes an amendment to Contract No. 32600085 with Cordoba Corporation to increase funding for on-site traffic engineering support services. The amendment seeks to add $300,200 to the existing contract, bringing the total not-to-exceed amount to $350,000 through June 30, 2026. This additional funding is necessary to augment staffing in the Transportation Division's Traffic Engineering unit while critical vacancies, such as the Supervising Traffic Engineer, are filled. Cordoba Corporation was initially engaged on December 30, 2025, for $49,800. The additional funds will be sourced from various FY2026 budgets, including Measure BB funds, Street Lighting Fund, Local Capital Grants Fund, and Capital Improvement Fund. The services provided by Cordoba Corporation are expected to help reduce backlogs, advance programs like Vision Zero, and ensure the timely delivery of traffic engineering projects and services.

Citizen Impact

Residents can expect continued progress on traffic calming, Vision Zero initiatives, and other traffic engineering projects as the city addresses staffing shortages. This contract amendment ensures essential traffic services are maintained without immediate tax increases, utilizing existing budget funds.

Confidence

high

Summary

The City Council is considering an appeal of the Zoning Adjustments Board (ZAB) decision to approve Use Permit #ZP2024-0066 for a mixed-use development at 2109 Virginia Street / 1685 Shattuck Avenue. The project involves demolishing an existing two-story commercial building and surface parking lot to construct an eight-story (89 feet 4 inches tall), 112,969 square-foot building.

Project Details:

• 110 dwelling units (including 9 Very Low-Income and 9 Moderate Income units, qualifying for a 100% density bonus).
• 690 square feet of ground-floor commercial space.
• 109 off-street vehicle parking spaces (using triple-stack parklifts) and 64 bicycle parking spaces.
• 7,060 square feet of usable open space (podium deck, private patios, roof deck, balconies).

Procedural History: The ZAB approved the project on September 11, 2025, finding it consistent with zoning, transit-oriented development, and affordable housing goals. Neighboring residents appealed on September 30, 2025, raising concerns about construction impacts (noise, dust, vibration, toxic soil), traffic, parking, shadows, building height, labor standards, and proximity to sensitive receptors like a pediatric medical group and school.

Staff Recommendation: Staff recommends denying the appeal and affirming the ZAB's decision. They assert the project is exempt from CEQA under streamlining provisions, and that potential impacts (e.g., from the former dry cleaner site) are mitigated by design features and standard conditions of approval, including a chemically-resistant vapor membrane and a Soil and Groundwater Management Plan. Staff also noted the project's vesting rights under SB 330 and compliance with State Density Bonus Law for height and density increases.

Citizen Impact

This project will add 110 new housing units (18 affordable) to the North Berkeley neighborhood, potentially increasing local population and commercial activity. Residents may experience temporary noise, dust, and traffic impacts during the estimated 21-month construction period. Concerns about increased traffic, parking, and shadows on adjacent homes were raised by appellants, though staff indicates these impacts are mitigated or within acceptable urban limits.

Confidence

high

Summary

The City of Berkeley's Health, Housing & Community Services Department is proposing operational changes to the Berkeley Rides for Seniors and the Disabled (BRSD) program for Fiscal Year 2027, funded by Alameda County Measure BB. Due to increasing demand and limited resources, the program, which provides free taxi, wheelchair, and ride-sharing (Uber/Lyft) rides, has a significant waitlist. Starting July 1, 2026, the program will:

• Transition entirely from taxi scrip to GoGo (Uber/Lyft) rides, discontinuing the taxi program.
• Implement a $4 rider share of cost per ride.
• Cap the City's contribution at $16 per GoGo ride.
• Allow up to 24 GoGo rides and 32 wheelchair-accessible rides per year.
• Provide additional rides for participants with high medical needs (12 extra GoGo, 16 extra wheelchair-accessible).

These changes aim to make the program more sustainable, reduce fraud and inefficiencies associated with the taxi program, and allow for serving more community members currently on the waitlist. The total projected cost for FY 2027 is $520,320, an increase from FY 2026's $498,208, but enabling service for up to 1,440 riders compared to 960 in FY 2026.

Citizen Impact

Eligible seniors and disabled residents will transition from taxi services to ride-sharing apps like Uber/Lyft. A $4 rider share of cost per ride will be introduced, and the total number of subsidized rides per year will be capped. While this aims to expand service to those on the waitlist, it may present challenges for individuals less comfortable with technology.

Confidence

high