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Berkeley City Council

Berkeley • 2026-04-28 • 6:00 pm
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Tuesday, April 28
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Meeting summary
What Happened
  • City Council 2026-04-28 - Regular met on 2026-04-28. This summary uses official annotated-agenda action text and pairs each recorded action with its agenda item title rather than loose metadata. The most resident-relevant actions centered on contracts, grants, leases, and assessments, city services and council implementation, housing, land use, and permitting, and budget and fiscal actions.
Key Decisions
  • Adopted Resolution No. 72,247-N.S. regarding Rescind Resolution No. 68,099-N.S. and Adopt a Resolution for Continual Participation in the Alameda County Operational Area.
  • Adopted Resolution No. 72,249-N.S. regarding Luna Dance Creativity: Relinquishment of Council Office Budget Funds from General Funds and Grant of Such Funds.
  • Adopted Resolution No. 72,251-N.S. regarding Submission of the Program Year 2026 Annual Action Plan Containing Allocations of Federal Funds. Vote: All Ayes.
  • Adopted Resolution No. 72,252-N.S. regarding California Municipal Finance Authority Bond Financing for Ephesian Legacy Court Apartments Project. Vote: All Ayes.
  • Adopted first reading of Ordinance No. 8,008-N.S. regarding The proposed changes apply to the sections of the BMC listed below: - Section 23.202.020 (Residential Districts - Allowed Land Uses) - Section 23.202.050 (Residential Districts - R-1 Residential Multi-Unit 1 District) - Section 23.202.080 (Residential Districts - R-2 Residential Multi-Unit 2...
  • Approved recommendation for Berkeley’s Financial Condition (FY 2016 -FY 2025): Structural Deficit Poses Risk to Financial Sustainability.
  • Adopted second reading of Ordinance No. 8,005-N.S. regarding Amendments to BMC Title 3.24 (Landmarks Preservation Commission) to Revise Procedures for Designating Landmarks, Historic Districts and Structures of Merit and Incorporate Technical Edits.
Why It Matters
  • This summary is based on Berkeley annotated-agenda item blocks, so action and vote language is tied back to the relevant agenda item.
  • Contracts and agreements shape who carries out city work and the terms under which public services or leadership roles move forward.
  • These actions may affect city services, public spending, or future council follow-up.
  • Housing and General Plan actions affect how the city tracks housing obligations, land-use policy, and future development priorities.
Topics Discussed
  • contracts, grants, leases, and assessments - city services and council implementation - housing, land use, and permitting - budget and fiscal actions
What Happens Next
  • Budget and fee actions move into implementation through city departments and future financial reporting.
  • Housing, land-use, and permitting actions continue through city implementation, appeals, or follow-up reviews recorded in the official action text.
  • Approved contracts, grants, leases, or assessments move forward under the terms recorded in the annotated agenda.
Agenda
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Reconstructed agenda items • Rebuilt from agenda text because source-provided agenda items were unavailable.
1
The Landmarks Preservation Commission;
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1
March 2, 2026 – Special Closed City Council Meeting
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1
That section 3.24.030 be amended to read as follows: A.
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The commission shall consist of nine members. Appointments to the commission shall be made by councilmembers and vacancies on the commission shall be filled by councilmembers in accordance with the provisions of Sections 2.04.030 through 2.04.120, enacted as O...
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1
A landmark site for each site, area, structure, element, work of art, or;
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1
Appeal fees shall be paid by the person filing the appeal (the appellant) except as provided in Paragraph 2 below.
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Page 8 of 10 Page 22 Ordinance No. 8,005-N.S. Page 9 of 10
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1
Timing of Appeal: An appeal must be filed within fourteen (14) days of mailing the Notice of Decision.
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1
A motion of the City Council;
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1
A description of the characteristics which justify its designation;
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1
For a publicly owned landmark or structure of merit, review of proposed changes in major interior architectural features;
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1
Architectural merit: (a) Property that is the first, last, only or most significant architectural property of its type in the region; (b) Properties that are prototypes of or outstanding examples of periods, styles, architectural movements
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or construction, or examples of the more notable works of the best surviving work in a region of an architect, designer or master builder; or (c) Architectural examples worth preserving for the exceptional values they add as part of the neighborhood fabric.
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The designation was based on the characteristics of that building or structure, and not on any findings related to the site or parcel where the building or structure was located; and
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1
Approves, modifies, or denies a Landmark Designation; or
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1
This 5-year exception period is established at the time of the Preliminary Development application submittal pursuant to SB 330 (the Housing Crisis Act of 2019) and may only be applied once for any property.
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Any subsequent Preliminary Development application submitted pursuant to SB 330 shall be subject to limitations on landmarking in SB 330.
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10
That BMC Section 3.24.160 be amended to read as follows: A.
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A Notice of Decision shall be issued when the LPC:
11
That section 3.24.180 be amended to read as follows: A.
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When a landmark, historic district or structure of merit has been designated by the commission as provided above, in addition to the notification required in Section 3.24.160 above, the commission shall cause a copy of the designation, or notice thereof, to be...
12
That BMC Section 3.24.190 be amended to read as follows: 3.24.190 City Council certification required.
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Notwithstanding any of the provisions of this chapter, the City Council may certify any action of the commission in granting or denying an application for designation as a landmark or an historic district within ninety (90) days from the mailing of the Notice...
13
That BMC Section 3.24.210 be amended to read as follows: 3.24.210 Review of permit applications.
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A. The commission shall maintain with the Department of Planning and Development and the department’s zoning and codes and inspection division a current record of designated landmarks, historic districts and structures of merit, as well as a record of Page 6 o...
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14
That the titles of BMC Sections 3.24.220, 3.24.230, 3.24.240, 3.24.250, 3.24.260 and 3.24.270 be amended to read as follows: 3.24.220 Alteration Permit application--Data and public hearing required-- Exceptions. 3.24.230 Alteration Permit
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application--Public hearing notice requirements. 3.24.240 Alteration Permit application--Decision--Procedure and time limitations--Notification required. 3.24.250 Alteration Permit application--Effect of suspended action. 3.24.260 Alteration Permit application...
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15
That BMC Section 3.24.280 be amended to read as follows: None of the provisions of this chapter shall be construed to prevent any measures of Page 7 of 10 Page 21
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Ordinance No. 8,005-N.S. Page 8 of 10 construction, alteration or demolition necessary to correct or abate the unsafe or dangerous condition of any structure, other feature, or part thereof, which such condition has been declared unsafe or dangerous by the Pla...
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16
That BMC Section 3.24.300 (A) be amended to read as follows: A.
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An appeal may be taken to the City Council by the following:
17
That BMC Section 3.24.300 (B)-(H) be amended to read as follows: B.
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General. Appeals shall be filed and processed consistent with Chapter 23.404 (Common Permit Requirements) except as otherwise specified in this chapter.
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18
That BMC Section 3.24.340 be amended to read as follows: Before accepting for filing any application hereinafter mentioned, the commission shall charge and collect the fees herein specified: A.
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An application shall be accompanied by all required fees listed in the current Fee Schedule approved by the City Council. B. There shall be no fee for each application for designation of a landmark, an historic district or a structure of merit, if such applica...
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19
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.
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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 A...
2
A resolution of intention of the City Council;
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2
Following the submittal of a formal zoning application, any landmarking designation request shall not be processed for as long as the application is active or as long as the resulting permits and entitlements are valid, whichever is
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longer, pursuant to SB330. Page 4 of 10 Page 18 Ordinance No. 8,005-N.S. Page 5 of 10
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2
Takes action on an appealed decision.
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B. The Notice of Decision shall be issued before the LPC’s next regular meeting and shall describe the LPC’s action.
2
The appellant, if applicable;
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2
Cultural value: Structures, sites and areas associated with the movement or evolution of religious, cultural, governmental, social and economic developments of the City; Page 3 of 10 Page 17
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Ordinance No. 8,005-N.S. Page 4 of 10
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2
All features to be preserved as specified pursuant to Section 3.24.100 have been eliminated as a result of the demolition.
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In such cases, the City shall promptly record a notice in the Office of the County Recorder that the designation has been terminated. Section
2
For an historic district, such further controls and standards as the commission deems necessary or desirable, including but not limited to facade, setback, height controls, signs and public improvements.
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The commission may, upon receipt of any significant new information, reconsider after two years any structure of merit and designate it as a landmark, subject to all the procedures set forth in this section for an original landmark designation. Section
2
A description of the particular features that should be preserved; Page 2 of 10 Page 16
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Ordinance No. 8,005-N.S. Page 3 of 10
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2
A motion of the Planning Commission;
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2
An historic district constituting a specific designated section of the City; B.
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Identify a structure of merit including structures, sites and areas, including single structures or sites, portions of structures, groups of structures, man-made or natural landscape elements, works of art, or integrated combinations thereof, having a special...
2
The City shall not charge a fee for appeals of projects denied due to conflicting decisions of the Zoning Adjustments Board (ZAB) and Landmarks Preservation Commission as described in Sections 3.24.200 through 3.24.240.
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2
Based on the record of the Council’s consideration and hearing, reverse or affirm, wholly or partly, or modify any decision, determination, condition or requirement of the Commission’s original action; or
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2
That section 3.24.050(A) be amended to read as follows: The commission shall: A.
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After June 6, 1974, undertake to establish and maintain a list of structures, sites and areas having a special historical, architectural or aesthetic interest or value. This list may include single structures or sites, portions of structures, groups of structu...
2
March 6, 2026 – Special City Council Meeting
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3
March 10, 2026 – Special City Council Meeting
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3
Any person who has filed a written request for notice; and
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3
Educational value: Structures worth preserving for their usefulness as an educational force;
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3
Remand the matter to the Commission to reconsider the application, or any revisions thereto submitted after the Commission’s action, in which case the Council shall specify which issues the Commission is directed to reconsider. H. Except
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in the case of a remand to the Commission, when reviewing any decision of the Commission on appeal, the Council shall use the same standards for decision making and is required to make the same findings as the Commission with respect to the matter on appeal. T...
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3
The Planning Commission;
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3
That section 3.24.060 be amended to read as follows: The commission may: Page 1 of 10 Page 15
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Ordinance No. 8,005-N.S. Page 2 of 10 A. Designate, after public hearings, structures, sites and areas including single structures or sites, portions of structures, groups of structures, human-made or natural landscape elements, works of art, or integrated com...
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3
A motion of the Civic Art Commission;
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3
The location and boundaries of the landmark site, historic district or structure of merit site.
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B. The property included in any such designation shall upon designation be subject to the controls and standards set forth in this chapter and the following controls and standards if imposed by the designation:
4
The City of Berkeley Central Library.
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4
That section 3.24.080 be amended to read as follows: The Director of Planning and Development, prior to completion of the initial list of structures, sites and areas, shall have the authority to recommend to the City Council suspension of
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permit application for a maximum of one hundred eighty days, if in the judgment of the Director of Planning and Development, an emergency is deemed to exist and a structure, site or area appropriate for landmark status is threatened with imminent destruction o...
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4
The verified application of the owners of the property or their authorized agents;
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4
March 10, 2026 – Regular City Council Meeting
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4
The Civic Arts Commission;
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4
Historic value: Preservation and enhancement of structures, sites and areas that embody and express the history of Berkeley/Alameda County/California/United States.
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History may be social, cultural, economic, political, religious or military;
5
The verified application of the owners of the property to be designated or their authorized agents;
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5
March 16, 2026 – Special Closed City Council Meeting
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5
That section 3.24.100 be amended to read as follows: A.
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Each designation of a landmark, historic districts or structure of merit by the commission shall include:
5
Any property which is listed on the National Register described in Section 470A of Title 16 of the United States Code.
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Section
5
The verified application of at least 200 residents of the City aggrieved; or
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6
The verified application of at least 200 residents of the City.
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B. Any such application shall be filed with the commission upon forms prescribed by the City and shall be accompanied by all data required by the commission.
6
Any determination of the commission made under the provisions of this chapter.
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Section
6
BMC Section 3.24.110(A) be amended to read as follows: A.
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Landmarks and historic districts. General criteria which the commission shall use when considering structures, sites and areas for landmark or historic district designation are as follows:
6
March 17, 2026 – Special City Council Meeting
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7
BMC Chapter 3.24.120 be amended to read as follows: A.
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Initiation of designation shall be made by the following:
7
March 24, 2026 – Special City Council Meeting
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8
That BMC Section 3.24.140(A) be amended to read as follows: A.
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Notice of the public hearing shall be given by posting thereof on or adjacent to the property involved not less than 14 days prior to the date of the hearing. Section
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8
March 24, 2026 – Regular City Council Meeting Page 1 of 60 Page 25
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Monday, March 2, 2026 Monday, March 2, 2026 Monday, March 2, 2026 Friday, March 6, 2026 Friday, March 6, 2026 Tuesday, March 10, 2026 Tuesday, March 10, 2026 Tuesday, March 10, 2026 Tuesday, March 10, 2026 Consent Calendar Tuesday, March 10, 2026 Consent Calen...
9
That BMC Section 3.24.150 be amended to read as follows: The commission shall approve, disapprove or modify the proposal within one hundred eighty (180) days after the conclusion of the public hearing; failure to act within said time shall
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constitute disapproval. Section
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C
The commission shall elect annually a chairperson from among its members, and shall establish rules and regulations for its own organization and procedure.
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Section
C
The Notice of Decision shall be posted in the lobby of the Permit Service Center and shall be mailed to:
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C
Appeal Fees.
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C
Review and decide on permit applications for construction, alteration and demolition on landmark sites, in historic districts and on structure of merit sites and on initiated landmark sites, initiated historic districts and initiated
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structure of merit sites, as more fully set forth in Sections 3.24.220 through 3.24.250 and 3.24.350A below;
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D
The Notice of Decision shall be filed with the City Clerk and provided to the LPC.
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The City Clerk shall make the notice available to interested members of the City Council and the public. Page 5 of 10 Page 19 Ordinance No. 8,005-N.S. Page 6 of 10 Section
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D
Take steps to encourage or bring about preservation of structures, sites and areas where the commission has decided to suspend action on a permit application, as more fully set forth in Sections 3.24.220 through 3.24.250 below. Section
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D
The filing of a notice of appeal within the time and in the manner specified in subdivision A above shall stay all proceedings by all parties in connection with the matter upon which the appeal is taken until the determination of the
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appeal, as provided herein. E. Before the hearing, department staff shall prepare a staff report describing the appeal with relevant supporting materials. F. Each hearing shall be open to the public, which shall be given the opportunity to present their views...
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I
The City Clerk shall promptly notify in writing the appellant, owners or authorized agents of affected property, and residents of such property of the action taken.
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Page 9 of 10 Page 23 Ordinance No. 8,005-N.S. Page 10 of 10 J. Payment of fees for an appeal from the decision of the Landmarks Preservation Commission shall be set by resolution of the City Council. (Ord. 7461-NS § 1, 2016: Ord. 6243-NS § 1, 1994: Ord. 5620-N...
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