City Council Regular Meeting eAgenda April 15, 2025

AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, April 15, 2025
6:00 PM

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

Adena Ishii, Mayor

Councilmembers:

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

To access the meeting remotely use this URL: https://cityofberkeley-info.zoomgov.com/j/1617330038. 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: 161 733 0038. To provide public comment, Press *9 and wait to be recognized by the Chair. To submit a written communication for the public record, email council@berkeleyca.gov.

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 behavior during a meeting of a legislative body that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting and includes, but is not limited to, a failure to comply with reasonable and lawful regulations adopted by a legislative body, or engaging in behavior that constitutes use of force or a true threat of force.

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 $500 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.

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.

Urgent Item: Kala Art Institute 2025 Relinquishment of Council Office Budget Funds to General Fund and Grant of such Funds
From: Councilmember Taplin (Author)
Recommendation: Adopt a resolution approving the expenditure of an amount not to exceed $500 per councilmember, including $500 from Councilmember Taplin, to the Kala Art Institute, a 501(c)(3) non-profit organization, to support Art Kala 51st Anniversary Party, an exhibition, auction, and benefit to support Kala’s artistic, cultural, and educational programs, with funds relinquished to the city’s general fund for this purpose from the discretionary council office budget of Councilmember Taplin, and any other councilmembers who would like to contribute.
Financial Implications: See report
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120

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.-Proposed Amendments to the Building Emissions Saving Ordinance (BESO); Amending Berkeley Municipal Code Chapter 19.81
From: City Manager
Recommendation: Adopt a second reading of Ordinance No. 7,953-N.S. amending the Building Emissions Saving Ordinance (BESO), Chapter 19.81 of the Berkeley Municipal Code, to establish a flexible resilience standard for small residential buildings containing up to four units.
First Reading Vote: All Ayes.
Financial Implications: See report
Contact: Jordan Klein, Planning and Development, (510) 981-7400

2.-Establishment of M-RD Zoning District, Associated General Plan and West Berkeley Plan Amendments, and Environmental Impact Report
From: City Manager
Recommendation: Adopt a second reading of Ordinance No. 7,957–N.S. amending Title 23 of the Berkeley Municipal Code and the Zoning Map to establish the Manufacturing, Research & Development (M-RD) zoning district to encourage redevelopment of the former Pacific Steel Casting (PSC) site.
First Reading Vote: All Ayes. 
Financial Implications: See report
Contact: Jordan Klein, Planning and Development, (510) 981-7400

3.-Police Accountability Board – Appointment of New Member
From: City Manager
Recommendation: Adopt a Resolution appointing a new member to the Police Accountability Board nominated by Vice-Mayor Bartlett. 
Financial Implications: See report
Contact: Mark Numainville, City Clerk, (510) 981-6900

4.-Contract: University of California, San Francisco for Encampment Resolution Funding Research Evaluation
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to enter into a contract and any necessary amendments with The Regents of the University of California, on behalf of its San Francisco campus, to evaluate the success of its Encampment Resolution Funding Round 3 (ERF-3) encampment resolution strategy, for a term of one year (January 1, 2025 – December 31, 2025) and in an amount not to exceed $200,000. 
Financial Implications: See report
Contact: Peter Radu, City Manager's Office, (510) 981-7000

5.-Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on April 15, 2025
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: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300

6.-Contract No. 32200086 Amendment: Crisis Services of Alameda County for Mental Health Crisis Line
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or designee to execute an amendment to Contract No. 32200086 with Crisis Services of Alameda County for Mental Health Crisis Line services for a total contract not to exceed amount of $100,000 through June 30, 2028. This amendment will add $50,001, as well as extend the contract term three years. 
Financial Implications: See report
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5400

7.-Contract No. 32200191 Amendment: Options Recovery for Substance Use Disorder Services Co-Location
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or designee to execute an amendment to Contract No. 32200191 with Options Recovery for Substance Use Disorder services for a total contract not to exceed amount of $1,000,000 through June 30, 2027. This amendment will add $500,000 and two years to the contract term. 
Financial Implications: See report
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5400

8.-Contract No. 32000177 Amendment NextRequest PRA Software
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32000177 with NextRequest for software hosting, implementation, maintenance and related services for a Public Records Act Respons Software System, for an addtional amount not to exceed $61,098, for a total not to exceed value of $194,475, for the period commencong on July 1, 2019 through June 30, 2027. 
Financial Implications: See report
Contact: Kevin Fong, Information Technology, (510) 981-6500

9.-Purchase Order with Multiquip Inc. for a Portable Emergency Power Generator for Berkeley Tuolumne Family Camp
From: City Manager
Recommendation: Adopt a Resolution allowing the City to participate in Sourcewell contract bid procedures and authorize the City Manager to execute a purchase order for one Multiquip Portable Generator and associated options with Multiquip Inc. in an amount not to exceed $116,766.
Financial Implications: General Fund - $116,766
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

10.-Proclamation of the City of Berkeley Designating April 17 as Police Accountability Day
From: Police Accountability Board
Recommendation: Adopt a proclamation declaring April 17 as Police Accountability Day to honor the establishment of civilian oversight of law enforcement in the City of Berkeley through the founding of the Police Review Commission and to reaffirm the City’s commitment to police accountability and transparency. The proclamation encourages the Police Accountability Board and the Office of the Director of Police Accountability to collaborate with community organizations, educational institutions, and local leaders to organize events, initiatives, and activities that raise public awareness and promote engagement in police accountability. Additionally, the proclamation will reaffirm the City of Berkeley’s dedication to being a national leader in police accountability, advancing policies and practices rooted in justice, equity, and community trust. 
Financial Implications: None
Contact: Hansel Aguilar, Police Accountability Board, (510) 981-4950

11a.-Berkeley Police Department Texting Offences: An Independent Investigation by the Police Accountability Board (Reviewed by the Public Safety Policy Committee) (Item contains supplemental material)
From: Police Accountability Board
Recommendation: The Police Accountability Board formally recommends to the City Council that it:
1. Pass an ordinance or otherwise affirm the Police Accountability Board’s ability to access documents and records in furtherance of its central accountability function, consistent with Charter Amendment Section 125.
2. Adopt a robust resolution ensuring full and meaningful accountability for sworn officers—whether on-duty or off-duty—who engage in misconduct of any kind, but especially actions or expressions of racial or other types of bias.
3. Direct the City Manager to work with the Berkeley Police Department, Police Accountability Board, and the Office of the Director of Police Accountability to create a public repository to fulfill the vision of California Penal Code Section 832.7(b)(1), allowing for transparency in cases of sustained allegations of officer racism or other discriminatory conduct or expression.
4. Call on California state legislators to extend the prohibition on arrest quotas, which are currently limited to the California Vehicle Code (Section 41600 – 41603).
Policy Committee Recommendation: To send item to City Council with a negative recommendation. 
Financial Implications: See report
Contact: Hansel Aguilar, Police Accountability Board, (510) 981-4950

11b.-Resolution: Affirming Support for Berkeley Police Department, Police Accountability Board, and Office of the Director of Police Accountability in Response to Downtown Task Force Texting Offenses Investigation
From: Councilmember Blackaby (Author)
Recommendation: Adopt a Resolution affirming our community’s support for the Berkeley Police Department (BPD) and acknowledging the work of the Police Accountability Board (PAB) & the Office of the Director of Police Accountability (ODPA) in investigating BPD’s Downtown Task Force texting offenses, ultimately making recommendations to increase trust, transparency, and accountability. Additionally, the Resolution condemns any and all racism and misconduct, affirms the City Council’s opposition to arrest quotas, and asks the California Legislature to extend the prohibition on arrest quotas, which are currently limited to the California Vehicle Code. 
Financial Implications: None
Contact: Brent Blackaby, Councilmember, District 6, (510) 981-7160

Council Consent Items

12.-Referral to City Attorney for Sanctuary City Ordinance
From: Mayor Ishii (Author), Councilmember Blackaby (Co-Sponsor), Councilmember Lunaparra (Co-Sponsor), Councilmember Taplin (Co-Sponsor)
Recommendation: Referral to the City Attorney to return to City Council in June with an analysis and recommendation regarding the codification of Berkeley’s Sanctuary policies and protections through a city ordinance.
Financial Implications: None
Contact: Adena Ishii, Mayor, (510) 981-7100

13.-Budget Referral: Ohlone Greenway Safety Improvements Project Unfunded Balance
From: Councilmember Kesarwani (Author)
Recommendation: Refer to the fiscal year 2025-26 budget process $150,000 to fund the outstanding balance for consultant costs to finalize the design concepts to complete the Ohlone Greenway Safety Improvements Project, which has already been awarded $5.3 million in construction funds to complete the project. 
Financial Implications: See report
Contact: Rashi Kesarwani, Councilmember, District 1, (510) 981-7110

14.-Establish Rules and Limits When Community-Based Organizations Receive City Funding Without Procurement to Promote Transparency, Fairness, and Stewardship of Public Funds(Reviewed by the Budget and Finance Policy Committee)
From: Councilmember Kesarwani (Author), Mayor Ishii (Co-Sponsor)
Recommendation: Approve the Resolution and refer to the City Manager to establish an open and transparent process for community-based organizations seeking a grant of emergency funds outside of the City’s existing request for proposal (RFP) or other procurement processes. The process to be established should include the following components:
- Annual Funding Limit. Establish a maximum amount of $25,000 annually to be granted to a Berkeley-based non-profit or public organization, and a grand total of $225,000 annually to up to nine community-based organizations operating in Berkeley.
- “Declaration of Need” Form Available on a City Webpage. A Declaration of Need application form should be made available on a dedicated City webpage to ensure all community-based organizations have an equal opportunity to learn about the availability of funds, including the deadline for submitting the completed form.
- Declaration of Need Form Should Require Documentation of Financial Need and Non-Profit Status (When Appropriate). The Declaration of Need form should be short to reduce the burden on community-based organizations but should include at a minimum a request to explain the purpose/need for the funds and document the organization’s financial need. In addition, the City should verify that the organization is a registered non-profit organization (if applicable).
Selection Process. The City Manager shall establish a process for selecting qualifying community-based organizations, including establishing a scoring criteria and submitting recommendations to Council as part of the annual budget development process. Pursuant to Budget and Finance Policy Committee discussion, to the extent practicable, consider awarding funds on a rolling basis to better support agencies who may be facing a fiscal emergency.
Financial Reporting Requirement for Selected Community-Based Organizations. For organizations selected to receive emergency funding of up to $25,000, the City shall enter into a contract that requests documentation at six months and 12 months to ensure that funds were used for the purpose for which they were requested. This financial reporting requirement should apply as soon as practicable to FY2024-25 budget allocations, and continue for future budget years.
Policy Committee Recommendation: To send the item to Council with a positive recommendation. 
Financial Implications: See report
Contact: Rashi Kesarwani, Councilmember, District 1, (510) 981-7110

15.-Celebración Cultural Sylvia Mendez (Spring Cultural Celebration) by the Sylvia Mendez School PTA: 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 funds, including $1,500 from the discretionary council office budget of Councilmember Ben Bartlett, to the Sylvia Mendez Elementary School PTA to host a Spring Cultural Celebration event on April 27, 2025, on campus. The funds will be relinquished to the City’s General Fund from the discretionary council office budget of Councilmember Ben Bartlett and the discretionary council office budgets of any other City Councilmembers who would like to contribute. 
Financial Implications: See report
Contact: Ben Bartlett, Councilmember, District 3, (510) 981-7130

16.-Resolution Commemorating April 24, 2025, as Berkeley Holocaust Remembrance Day
From: Councilmember Tregub (Author), Councilmember O'Keefe (Author), Councilmember Humbert (Author), Mayor Ishii (Co-Sponsor)
Recommendation: Adopt a Resolution proclaiming April 24, 2025, as Holocaust Remembrance Day in the City of Berkeley, in memory of those who were murdered and in honor of the survivors as well as the rescuers and liberators; and committing to never forgetting the events of the Holocaust, actively working to combat antisemitism, racism, bigotry, and hatred in all forms, and promote human rights and dignity for all. 
Financial Implications: None
Contact: Igor Tregub, Councilmember, District 4

17.-Relinquishment of Council Office Budget Funds from General Funds and Grant of Such Funds to 2025 Virtual Holocaust Remembrance Day Program
From: Councilmember Tregub (Co-Author), Councilmember O'Keefe (Co-Author), Councilmember Humbert (Co-Author), Mayor Ishii (Co-Sponsor)
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $500 per Councilmember from the D13 Discretionary Accounts of members of the Berkeley City Council, including $500 from Councilmember O’Keefe, $500 from Councilmember Tregub, $500 from Councilmember Humbert, and $500 from Mayor Ishii to support the City’s Annual Holocaust Remembrance Day program with funds relinquished to the City’s general fund.
The relinquishment of funds from Councilmembers O’Keefe, Tregub, Humbert and Mayor Ishii’s respective discretionary Council Office Budgets as well as any other members of the Berkeley City Council who would like to contribute, allows the City of Berkeley to invite the community to its 22nd Annual Holocaust Remembrance Day virtual program, created by the community with City Council support.
This year’s program will be held virtually on April 24, 2025. 
Financial Implications: See report
Contact: Igor Tregub, Councilmember, District 4, (510) 981-7140

18.-Resolution in Support of California Senate Bill 42 (Umberg, Allen) California Fair Elections Act of 2026 to Amend Sections 85300 and 85320 of the Government Code, relating to the Political Reform Act of 1974.
From: Councilmember Tregub (Author), Councilmember Blackaby (Co-Sponsor), Councilmember Lunaparra (Co-Sponsor), Councilmember Taplin (Co-Sponsor)
Recommendation: Adopt a Resolution in support of California State Senate Bill 42 (Umberg, Allen) California Fair Elections Act of 2026 to Amend Sections 85300 and 85320 of the Government Code, relating to the Political Reform Act of 1974, which is moving through the legislature to appear on the California general election ballot on November 3rd, 2026; and distribute copies to the California Governor Gavin Newsom, Senator Jesse  Arreguín, Assemblymember Buffy Wicks, California Senate President pro Tempore Mike McGuire, and California Assembly Speaker Robert Rivas to advocate for its passage. 
Financial Implications: Staff time
Contact: Igor Tregub, Councilmember, District 4, (510) 981-7140

19.-Budget Referral for Thousand Oaks Park Playground Update
From: Councilmember O'Keefe (Author), Councilmember Humbert (Co-Sponsor)
Recommendation: Refer $80,000 to the June budget process (FY26 Mid-Biennial Update) for the completion of a new airplane themed play structure at Thousand Oaks Park, located at 1700-1780 Tacoma Avenue. 
Financial Implications: See report
Contact: Shoshana O'Keefe, Councilmember, District 5, (510) 981-7150

20.-Study: Sabbatical Leave for City of Berkeley Employees
From: Councilmember Hahn (Author) (Reviewed by the Budget & Finance Policy Committee)
Recommendation: Refer to the City Manager study of a potential Sabbatical Leave policy for all City of Berkeley employees, modeled after the City’s existing agreements with several bargaining units. Consult with labor partners and City employees to explore a variety of terms and options, and the costs/benefits of unpaid, partially paid, and paid Sabbatical Leaves. Report findings to Council, outlining possible options and their financial impacts as well as potential benefits to recruitment, morale, longevity of tenure, and wellbeing.
Policy Committee Recommendation: Forward item to Council with a negative recommendation. 
Financial Implications: See report
Contact: Sophie Hahn, Councilmember, District 5, (510) 981-7150

21.-Music in the Elmwood Festival: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds
From: Councilmember Humbert (Author)
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $1,000 per Councilmember including $1,000 from Councilmember Humbert to the Elmwood Business Association for the Music in the Elmwood Festival on Sunday, May 4, 2025 with funds relinquished to the City’s General Fund for this purpose from the discretionary Council Office Budgets of Councilmember Humbert and any other Councilmembers who would like to contribute. 
Financial Implications: See report
Contact: Mark Humbert, Councilmember, District 8, (510) 981-7180

Information Reports

22.-Age-Friendly Berkeley Update
From: City Manager
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5400

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

24.-Notice of Decision: 21 Mosswood Road/#LMIN2024-0007
From: City Manager
Contact: Jordan Klein, Planning and Development, (510) 981-7400

25.-Notice of Decision: 2138 Cedar Street/#LMSAP2024-0008
From: City Manager
Contact: Jordan Klein, Planning and Development, (510) 981-7400

26.-Notice of Decision: 2231 McKinley Avenue/#LMIN2024-0005
From: City Manager
Contact: Jordan Klein, Planning and Development, (510) 981-7400

27.-Notice of Decision: 2425 Durant Avenue/#LMIN2024-0008
From: City Manager
Contact: Jordan Klein, Planning and Development, (510) 981-7400

28.-Environment and Climate Commission 2025 Work Plan
From: Environment and Climate Commission
Contact: Sarah Moore, Commission Secretary, (510) 981-7400

29.-Police Accountability Board Recommendation: Former Board Member Recognition
From: Police Accountability Board
Contact: Hansel Aguilar, Police Accountability Board, (510) 981-4950

30.-City Auditor’s Office 2024 Peer Review Results
From: Auditor
Contact: Jenny Wong, Auditor, (510) 981-6750

Public Comment – Items Not Listed on the Agenda

Adjournment

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

Archived indexed video streams are available at:
https://berkeleyca.gov/your-government/city-council/city-council-agendas.
Channel 33 rebroadcasts the following Wednesday at 9:00 a.m. and Sunday at 9:00 a.m.

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

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