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.

City Council Live Stream: Please visit https://www.cityofberkeley.info/CalendarEventWebcastMain.aspx

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.

PG&E is reporting a widespread outage affecting thousands of customers in Berkeley and many City buildings, including the Finance Customer Service Center and the Permit Service Center. Call respective City services for further details, or check the PG&E outage page. Power is expected to return by 12:45pm. Traffic lights that are not working should be treated as a four-way stop sign.

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General Information

Special Meeting eAgenda
July 23, 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.





(Revised to remove Item 2. Item 2 to be heard at a special meeting on July 23, 2020 at 4:30p.m.)

In accordance with the authority in me vested, I do hereby call the Berkeley City Council in special session as follows:

Thursday, July 23, 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


Pursuant to Section 3 of Executive Order N-29-20, issued by Governor Newsom on March 17, 2020, this meeting of the City Council will be conducted exclusively through teleconference and Zoom videoconference.  Please be advised that pursuant to the Executive Order and the Shelter-in-Place Order, and to ensure the health and safety of the public by limiting human contact that could spread the COVID-19 virus, there will not be a physical meeting location available.  

Live audio is available on KPFB Radio 89.3. Live captioned broadcasts of Council Meetings are available on Cable B-TV (Channel 33) and via internet accessible video stream at http://www.cityofberkeley.info/CalendarEventWebcastMain.aspx.

To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device:  Please use this URL https://us02web.zoom.us/j/81015840931. If you do not wish for your name to appear on the screen, then use the drop down menu and click on "rename" to rename yourself to be anonymous.  To request to speak, use the “raise hand” icon by rolling over the bottom of the screen. 

To join by phone: Dial 1-669-900-9128 and enter Meeting ID: 810 1584 0931. If you wish to comment during the public comment portion of the agenda, Press *9 and wait to be recognized by the Chair. 

To submit an e-mail comment during the meeting to be read aloud during public comment, email clerk@cityofberkeley.info with the Subject Line in this format: “PUBLIC COMMENT ITEM ##.” Please observe a 150 word limit. Time limits on public comments will apply. Written comments will be entered into the public record.  

Please be mindful that the teleconference will be recorded as any Council meeting is recorded, and all other rules of procedure and decorum will apply for Council meetings conducted by teleconference or videoconference.

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, City Clerk, (510) 981-6900. The City Council may take action related to any subject listed on the Agenda. 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 use the “raise hand” function 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.



Action Calendar – Old Business


Animal Services Contract with the City of Piedmont (Continued from July 14, 2020) 
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract, with any amendments, with the City of Piedmont for animal care services for FY2021-FY2025, which increases the existing contract by up to $180,134, with a total contract amount not to exceed $441,984.  
Financial Implications: See report 
Contact: Erin Steffen, City Manager's Office, (510) 981-7000


Action Calendar – Public Hearings



 ***Removed from Agenda - Scheduled for a special meeting on July 23, 2020 at 4:30p.m.*** ZAB Appeal: 1533 Beverly Place, Administrative Use Permit #ZP2018-0153 (Continued from July 14, 2020) 
From: City Manager 
Contact: Jordan Klein, Planning and Development, (510) 981-7400


Action Calendar


Referral Response: Police Review Commission Recommendation on a Revised Berkeley Police Department Policy 300, Use of Force 
Revised material, Councilmember Harrison (Supp 3) 
Revised material, Councilmember Harrison (Supp 2) 
Revised material, City Manager (Supp 2)
Supplemental material, Police Department (Supp 2) 

From: Police Review Commission 
Recommendation: Approve a revised Use of Force policy for the Berkeley Police Department as recommended by the Police Review Commission. 
Financial Implications: See report 
Contact: Katherine Lee, Commission Secretary, (510) 981-4950




 Changes to the Berkeley Municipal Code and City of Berkeley Policies with Respect to Local Emergency Declarations and First Amendment Curfews (Continued from June 9, 2020) 
From: Councilmember Hahn (Author), Councilmember Bartlett (Co-Sponsor), Councilmember Harrison (Co-Sponsor), Mayor Arreguin (Co-Sponsor) 
1. Direct the City Manager to return to the City Council for adoption amendments to the Berkeley Municipal Code and/or policies to approve that clarify and codify the following with respect to the declaration of a Local Emergency: 
a. A Local Emergency can only be declared by the Director of Emergency Services if a regular or special meeting and session of the City Council cannot be called due to physical impossibility of holding a meeting, because a quorum cannot be established, or because the urgency of the Local Emergency is such that waiting 24 hours for the City Council to convene a session and/or Special Meeting would endanger the community; 
b. Should the Director declare a Local Emergency without action of the City Council (due to one of the reasons stated at (a), above), Council ratification of such action occurs at the first possible opportunity, even if it requires calling a Special Meeting and/or session of the Council; and 
c. The applicable statutory and legal standards (Federal, State and Local) for calling a Local Emergency shall be presented to the City Council when seeking declaration or ratification of a Local Emergency, along with facts to support meeting those standards, so that the City Council, likely acting under rushed and exigent circumstances, is able to make a carefully considered and fact-based determination that declaration of such Local Emergency conforms with the legal standards and is supported by facts. 
2. Direct the City Manager to return to the City Council for adoption amendments to the Berkeley Municipal Code and/or policies to approve that clarify and codify policies, terms and procedures for the order, scope, terms, duration, and all other elements and conditions of curfews called in response to, or likely to have the effect of limiting or banning, planned, expected or reasonably foreseeable first amendment activity, including rallys, marches, demonstrations and assemblies of all kinds (“First Amendment Curfews”),as enumerated (1-8) under the “Background” section of this item, below. 
3. Advise the City Manager and/or Director of Emergency Services that approval of this item represents the will and direction of the City Council with respect to declarations of Local Emergencies and imposition of First Amendment Curfews, and should the occasion to declare a Local Emergency or impose a First Amendment curfew arise prior to formal Council adoption of the requested amendments and policies, the City Manager and/or Director of Emergency Services shall, to the greatest extent possible under existing law, strive to encompass actionable elements, and meet spirit, of this item. 
Financial Implications: See report 
Contact: Sophie Hahn, Councilmember, District 5, (510) 981-7150


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 this 21st  day of July, 2020.


                                                Jesse Arreguin, Mayor

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



Date:  July 21, 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 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 posted on the City's website at http://www.cityofberkeley.info.

Agendas and agenda reports may be accessed via the Internet at http://www.cityofberkeley.info/citycouncil


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.


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