Everyone is required to stay home, except for essential needs. When out, protect yourself and those around you by wearing a face covering, staying 6 feet away from others, and washing your hands often. Learn more at cityofberkeley.info/covid19. City offices are closed to the public. Some services are available remotely.

The City of Berkeley Health Officer has ordered all residents to shelter at home, leaving only to receive or provide essential services, starting 12:01 am on Tuesday, March 17. See details of the Order, frequently asked questions, and recommendations from Berkeley Public Health at https://www.cityofberkeley.info/coronavirus.

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ZAB Live Stream: Please visit http://www.cityofberkeley.info/Clerk/Commissions/Zoning_Adjustment_Board_Meeting_-_Video_Stream.aspx.

The City of Berkeley web site is undergoing scheduled maintenance starting on Friday night, September 13 and ending on Saturday afternoon, September 14. During this time, most web pages should be available, but some resources may become unavailable for short periods of time.

Looking for a live stream of the Zoning Adjustments Board (ZAB) meeting on 5/9/19, at 7:00pm? Please visit https://www.youtube.com/channel/UC1UAnZ8kU8EWllREyOY7rwQ/. The normal viewing methods will not work this time due to a concurrent City Council Special Meeting at the same time.

Looking for a live stream of the Zoning Adjustments Board (ZAB) meeting on 2/28/19, from 6:00 to 11:00 PM? Please visit http://www.cityofberkeley.info/Clerk/Commissions/Zoning_Adjustment_Board_Meeting_-_Video_Stream.aspx. The normal viewing methods will not work this time due to a concurrent City Council Special Meeting at the same date and time.

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General Information

Special Meeting eAgenda
March 17, 2020
                                                                                                         Printer-friendly PDF* agenda    


Click on the linked agenda item titles below for background materials/reports. Adopted Resolutions and Ordinances (second reading) are available via Records Online (http://www.CityofBerkeley.info/ContentDisplay.aspx?id=4222) as soon as they are finalized.


  • Resolutions and Ordinances are subject to amendment, rescission or repeal, or readoption in whole or in part. Additional research may be necessary to verify the completeness of the legislative history. To research the Berkeley Municipal Code, visit: http://www.CityofBerkeley.info/BMC 

  • These documents are presented in Adobe Acrobat PDF*, and will open in a new browser window. Some files may exceed 1MB in size. All items are available for review at the City Clerk Department, (510) 981-6900.

*To read PDF files, download a free copy of Adobe Acrobat Reader. If you are unable to access .pdf documents online, please contact us via email (clerk@CityofBerkeley.info), telephone (510) 981-6900, or TDD (510) 981-6903 so that we can provide an alternate format.




Tuesday, March 17, 2020 

6:00 P.M.

 Jesse Arreguin, Mayor


District 1 – Rashi Kesarwani

District 5 – Sophie Hahn

District 2 – Cheryl Davila

District 6 – Susan Wengraf

District 3 – Ben Bartlett

District 7 – Rigel Robinson

District 4 – Kate Harrison

District 8 – Lori Droste

This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953.   Any member of the public may attend this meeting.  Questions regarding this matter may be addressed to Mark Numainville, CMC, City Clerk, 981-6900.

The City Council may take action related to any subject listed on the Agenda. The Mayor may exercise a two minute speaking limitation to comments from Councilmembers.  Meetings will adjourn at 11:00 p.m. - any items outstanding at that time will be carried over to a date/time to be specified.

Preliminary Matters

Roll Call:


Public Comment - Limited to items on this agenda only



Action Calendar


The public may comment on each item listed on the agenda for action as the item is taken up. 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.

The Presiding Officer will request that persons wishing to speak line up at the podium to determine the number of persons interested in speaking at that time. Up to ten (10) speakers may speak for two minutes. If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker. Speakers are permitted to yield their time to one other speaker, however no one speaker shall have more than four minutes. The Presiding Officer may, with the consent of persons representing both sides of an issue, allocate a block of time to each side to present their issue.

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






Ratification of Recommendations Issued by the Director of Emergency Services and the Public Health Officer Regarding Meetings of Legislative Bodies 
From: City Manager 
Recommendation: Adopt a Resolution ratifying the recommendations issued by the Director of Emergency Services and the Public Health Officer regarding meetings of Berkeley legislative bodies in response to the COVID-19 (Novel Coronavirus) pandemic. 
Financial Implications: None 
Contact: Dee Williams-Ridley, City Manager, (510) 981-7000




Urgency Ordinance Adopting BMC Chapter 13.110, the COVID-19 Emergency Response Ordinance  
Revised Material (Supp 3)
From: Mayor Arreguin (Author); Councilmember Robinson (Author); Councilmember Harrison (Author)
Recommendation: Adopt an Urgency Ordinance adding Berkeley Municipal Code Chapter 13.110, the COVID-19 Emergency Response Ordinance, to provide protections to residential tenants against evictions during the declared state of emergency, to preserve the health and safety of the Berkeley community.  
Financial Implications: None 
Contact: Jesse Arreguin, Mayor, (510) 981-7100




Berkeley COVID-19 Relief Fund and Expanding Flexible Housing Pool 
From: Mayor Arreguin (Author) 
1. Refer to the City Manager to consider the creation of a tax-exempt special fund at up to $ 3 million dollars, to provide gap resources which to be matched with grants or philanthropic donations to provide gap assistance to renters, small businesses and arts organizations significantly impacted (demonstrated decrease in gross receipts or patronage) by the COVID-19 state of emergency. The City Manager is requested to consider all federal, state and not-for-profit funding available to provide economic relief to businesses and arts organizations which can be leveraged with the City’s additional funding.  
2. Direct the City Manager to identify additional funding and increase the allocation to the Flexible Housing Pool, administered by BACS, and amend the contract and program guidelines if necessary, to provide emergency rental assistance and flexible funding for housing, and to report back to Council on the funding allocated and outcomes after the declared state of emergency. 
Financial Implications: See report 
Contact: Jesse Arreguin, Mayor, (510) 981-7100




 Strategies for Special Populations During COVID-19 Crisis  
Revised Material (Supp 3)
From:  Councilmember Hahn (Author)
Recommendation: Refer to the City Manager to develop and implement strategies to address the needs of populations in Berkeley who face unique challenges during the COVID-19 crisis. Coordinate with public and community agencies and consult appropriate experts as needed, to ensure the special needs of these populations, and of those who work with them, are identified and addressed. Populations for whom special strategies shall be considered include, but are not limited to: 
1. People experiencing homelessness  
2. Individuals with disabilities 
3. Senior citizens (especially low-income Seniors) 
4. Single parent households with children 
5. People experiencing food insecurity 
6. Undocumented residents 
7. Stranded visitors  
Consider allocating additional resources to City of Berkeley departments and partner agencies to meet identified challenges during the COVID-19 emergency. 
Financial Implications: See report 
Contact: Sophie Hahn, Councilmember, District 5, (510) 981-7150



 URGENCY ITEM: Alignment with Grassroots Strategies for COVID-19 City Preparedness 
From: Councilmember Davila (Author); Councilmember Bartlett (Co-sponsor) 
Recommendation: Adopt the recommendations prompted by the Demands from Grassroots Organizers Concerning COVID-19 to inform the City of Berkeley’s emergency response to the Coronavirus. 
Financial Implications: To be determined 
Contact: Cheryl Davila, Councilmember, District 2, (510) 981-7120


 URGENCY ITEM: Letter to Employers Regarding Protective Gear for Essential Workers 
From: Councilmember Bartlett (Author) 
Recommendation: Refer to the City Manager to write a letter urging business employers offering “essential services” to supply their employees with protective personal equipment and hygienic resources to defend against the contraction of COVID-19. 
Financial Implications: None 
Contact: Ben Bartlett, Councilmember, District 3, (510) 981-7130


I hereby request that the City Clerk of the City of Berkeley cause personal notice to be given to each member of the Berkeley City Council on the time and place of said meeting, forthwith.


                                                IN WITNESS WHEREOF, I have hereunto set my hand

                                                and caused the official seal of the City of Berkeley to be

                                                affixed on March 16, 2020.


                                                Jesse Arreguin, Mayor


Public Notice – this Proclamation serves as the official agenda for this meeting.



Date: March 16, 2020

Mark Numainville, City Clerk


NOTICE CONCERNING YOUR LEGAL RIGHTS: If you object to a decision by the City Council to approve or deny an appeal, the following requirements and restrictions apply: 1) Pursuant to Code of Civil Procedure Section 1094.6 and Government Code Section 65009(c)(1)(E), no lawsuit challenging a City decision to deny or approve a Zoning Adjustments Board decision may be filed and served on the City 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 Zoning Adjustments Board decision, 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.

Live captioned broadcasts of Council Meetings are available on Cable B-TV (Channel 33), via Internet accessible video stream at http://www.cityofberkeley.info/CalendarEventWebcastMain.aspx and KPFB Radio 89.3.
 Archived indexed video streams are available at http://www.CityofBerkeley.info/CityCouncil.
Channel 33 rebroadcasts the following Wednesday at 9:00 a.m. and Sunday at 9:00 a.m.

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 clerk@cityofberkeley.info for further information.  Copies of individual communications are available for viewing at the City Clerk Department and through Records Online.

Agendas and agenda reports may be accessed via the Internet at http://www.CityofBerkeley.info/CityCouncil
and may be read at reference desks at the following locations:

City Clerk Department


2180 Milvia Street

Main - 2090 Kittredge Street

Tel:  510-981-6900

Claremont Branch – 2940 Benvenue

TDD:  510-981-6903

West Branch – 1125 University

Fax:  510-981-6901

North Branch – 1170 The Alameda

Email:  clerk@CityofBerkeley.info

South Branch – 1901 Russell


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 (510) 981-6418 (V) or (510) 981-6347 (TDD) at least three business days before the meeting date.

Please refrain from wearing scented products to this meeting. 

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.

Communications – March 17, 2020  

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.


Item #1: Ratification of Recommendations Issued by the Director of Emergency Services and the Public Health Officer Regarding Meetings of Legislative Bodies

  1. James McFadden (5)
  2. David Lerman
  3. John Caner, on behalf of Downtown Berkeley Association (2)
  4. Eva Chrysanthe
  5. JJ Noire
  6. Cynthia Sue Larson
  7. Topher Brennan
  8. Margy Wilkinson
  9. Phoebe Anne Sorgen
  10. Forest Mozer
  11. Lori Fagerholm
  12. James Brook
  13. Michael Frank
  14. Pamela Michaud
  15. Carole Marasovic, Chair of the Homeless Commission (2)


Item #2: Urgency Ordinance Adopting BMC Chapter 13.110, the COVID-19 Emergency Response Ordinance

  1. Kevin Walters
  2. Margy Wilkinson (2)
  3. East Bay Housing Organizations



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