Agenda packet, first session — Berkeley City Council, June 24, 2025 (part 1 of 5)

Tuesday, June 24, 2025 REVISED AGENDA Page 1

REVISED AGENDA
(ADDED CONTINUED ITEMS FROM JUNE 17, 2025 AND

UPDATED TELECONFERENCE LOCATION)

BERKELEY CITY COUNCIL MEETING
Tuesday, June 24, 2025
6:00 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702 TELECONFERENCE LOCATION - 18315 RAY'S RD - CABIN 5, PHILO, CA 95466 TELECONFERENCE LOCATION - 1032 BANCROFT WAY, BERKELEY, CA 94710

ADENA ISHII, MAYOR
Councilmembers:

DISTRICT 1 – RASHI KESARWANI DISTRICT 5 – SHOSHANA O’KEEFE DISTRICT 2 – TERRY TAPLIN DISTRICT 6 – BRENT BLACKABY
DISTRICT 3 – BEN BARTLETT DISTRICT 7 – CECILIA LUNAPARRA DISTRICT 4 – IGOR TREGUB DISTRICT 8 – MARK HUMBERT
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/1605843840 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: 160 584 3840. To provide public comment, Press *9 and wait to be recognized by the Chair. To submit a written communication for the public record, email [email protected].

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 $5 00 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.

Rev - 1

Tuesday, June 24, 2025 REVISED AGENDA Page 2
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.

1. Adjourn in memory of Marie Gunter, Sustainability Advocate

2. Adjourn in memory of John George Leitmann, UC Berkeley Professor 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.

Rev - 2

Tuesday, June 24, 2025 REVISED AGENDA Page 3
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 – Continued Business

A. FY 2026 Tax Rate: Business License Tax on Large Non-Profits (Continued from June 17, 2025)
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,962–N.S. setting the FY 2026 tax rate for Business License Tax on large non-profits at $0.8736 (87.36 cents) per square foot of improvements.

First Reading Vote: All Ayes.

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300

B. FY 2026 Tax Rate: Fund the Debt Service on the Street and Watershed Improvements General Obligation Bonds (Measure M, November 2012 Election) (Continued from June 17, 2025)
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,963–N.S. setting the FY 2026 tax rate funding the debt service on the Street and Integrated Watershed Improvements General Obligation Bonds (Measure M, November 2012) at 0.0050%.

First Reading Vote: All Ayes.

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Rev - 3
Consent Calendar – Continued Business
Tuesday, June 24, 2025 REVISED AGENDA Page 4
C. FY 2026 Tax Rate: Fund Debt Service on 2015 Refunding General Obligation Bonds (Measures G, S & I) (Continued from June 17, 2025) From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,964–N.S. setting the FY 2026 tax rate funding the debt service on the 2015 consolidation of Measures G, S and I (General Obligation Bonds - Elections of 1992, 1996 and 2002) at 0.0090%.

First Reading Vote: All Ayes.

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300

D. FY 2026 Tax Rate: Fund the Provision of Emergency Medical Services (Paramedic Tax) (Continued from June 17, 2025)
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,965–N.S. setting the FY 2026 tax rate for funding the provision of emergency medical services to Berkeley residents at $0.0474 (4.74 cents) per square foot of improvements.

First Reading Vote: All Ayes.

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300

E. FY 2026 Tax Rate: Fund Sustainable and Accountable Funding for Equitable Street Transformation, Revitalization, Enhancements, and Essential Traffic Safety (SAFE STREETS) (Measure FF) (Continued from June 17, 2025) From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,966–N.S. setting the FY 2026 tax rate for funding Sustainable and Accountable Funding for Equitable Street Transformation, Revitalization, Enhancements, and Essential Traffic Safety (SAFE STREETS), otherwise known as Measure FF, at an annual rate of $0.17 per square foot of dwelling unit improvements and $0.25 per square foot for industrial, commercial, and institutional improvements for the 18-month period from January 1, 2025 to June 30, 2026.

First Reading Vote: All Ayes.

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300, Terrance Davis, Public Works, (510) 981-6300

F. FY 2026 Tax Rate: Fund the Maintenance of Parks, City Trees and Landscaping (Continued from June 17, 2025)
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,967–N.S. setting the FY 2026 tax rate for funding all improvements for the maintenance of parks, City trees, and landscaping in the City of Berkeley at $0.2652 (26.52 cents) per square foot of improvements.

First Reading Vote: All Ayes.

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Rev - 4
Consent Calendar – Continued Business
Tuesday, June 24, 2025 REVISED AGENDA Page 5

G. FY 2026 Tax Rate: Fund the Debt Service on the Affordable Housing General Obligation Bonds (Measure O, November 2018 Election) (Continued from June 17, 2025)
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,968–N.S. setting the FY 2026 tax rate funding the debt service on the Affordable Housing General Obligation Bonds (Measure O, November 2018) at 0.0200%.

First Reading Vote: All Ayes.

Financial Implications: See Report
Contact: Henry Oyekanmi, Finance, (510) 981-7300

H. FY 2026 Tax Rate: Fund the Debt Service on the Infrastructure and Facilities General Obligation Bonds (Measure T1, November 2016 Election) (Continued from June 17, 2025)
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,969–N.S. the FY 2026 tax rate funding the debt service on the Infrastructure and Facilities Improvements General Obligation Bonds (Measure T1, November 2016) at 0.0110%.

First Reading Vote: All Ayes.

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300

I. FY 2026 Tax Rate: Fund Debt Service on Neighborhood Branch Library Improvements Project General Obligation Bonds (Measure FF, November 2008 Election) (Continued from June 17, 2025)
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,970–N.S. setting the FY 2026 tax rate for funding the debt service on the Neighborhood Branch Library Improvements Project General Obligation Bonds (Measure FF, November 2008 Election) at 0.0040%.

First Reading Vote: All Ayes.

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300

J. FY 2026 Tax Rate: Fund Emergency Services for the Severely Disabled (Measure E) (Continued from June 17, 2025)
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,971–N.S. setting the FY 2026 tax rate for funding the provision of emergency services for the disabled at $0.02229 (2.229 cents) per square foot of improvements.

First Reading Vote: All Ayes.

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300

Rev - 5
Consent Calendar – Continued Business
Tuesday, June 24, 2025 REVISED AGENDA Page 6
K. FY 2026 Special Tax Rate: Fund the Provision of Library Relief Act (Continued from June 17, 2025)
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,972–N.S. setting the FY 2026 tax rate for the Library Relief Act of 2024, approved by Berkeley voters in the November 2024 election, for funding the provision of Library Services in the City of Berkeley at $0.06 (6.00 cents) per square foot for dwelling units and $0.09 (9.00 cents) per square foot for industrial, commercial, and institutional buildings.

First Reading Vote: All Ayes.

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300, Tess Mayer, Library, (510) 981- 6100

L. FY 2026 Special Tax Rate: Fund the Provision of Library Services (Continued from June 17, 2025)
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,973–N.S. setting the FY 2026 tax rate for funding the provision of Library Services in the City of Berkeley at $0.2980 (29.80 cents) per square foot for dwelling units and $0.4506 (45.06 cents) per square foot for industrial, commercial, and institutional buildings.

First Reading Vote: All Ayes.

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300, Tess Mayer, Library, (510) 981- 6100

Consent Calendar

1. Amendments to Ordinance Prohibiting the Sale or Use of Coordinated Pricing Algorithms (BMC 13.63) to Suspend Effective Date Until March 2026 From: City Manager
Recommendation: Amend the Ordinance Prohibiting the Sale or Use of Coordinated Pricing Algorithms (BMC 13.63) to suspend the effective date until March 1, 2026.

Financial Implications: See report
Contact: Farimah Brown, City Attorney, (510) 981-6998

2. Minutes for Approval
From: City Manager
Recommendation: Approve the minutes for the Council meetings of May 5, 2025 (special closed), May 6, 2025 (special and regular), May 13, 2025 (special closed), May 20, 2025 (special and regular), May 21, 2025 (special closed), and May 27, 2025 (special closed).

Financial Implications: None
Contact: Mark Numainville, City Clerk, (510) 981-6900
Rev - 6
Consent Calendar
Tuesday, June 24, 2025 REVISED AGENDA Page 7

3. Recommendations for County Measure W Funding
From: City Manager
Recommendation: Send a letter to the Alameda County Board of Supervisors outlining the City Council’s priorities for initial rounds of funding from Measure W, a half-cent sales tax increase passed by Alameda County voters in November 2020.

Financial Implications: See report
Contact: Peter Radu, City Manager's Office, (510) 981-7000

4. Contract: Cultural Planning Group, LLC for a Plan for a Resilient Arts & Culture Sector in Berkeley
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any necessary amendments with Cultural Planning Group, LLC for an amount not to exceed $149,980 for the development of a comprehensive plan to support and maintain a Resilient Arts & Culture Sector in Berkeley. The term of the contract will be 18 months.

Financial Implications: See report
Contact: Eleanor Hollander, Economic Development, (510) 981-7530

5. FY 2026 Reaffirming the Investment Policy and Designation of Investment Authority
From: City Manager
Recommendation: Adopt a Resolution reaffirming the Investment Policy (no revisions are recommended) and to confirm the delegation of investment authority to the Director of Finance to make investments for FY 2026.

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300

6. Appropriations Limit for FY 2026
From: City Manager
Recommendation: Adopt a Resolution establishing the appropriations limit at $407,546,513 for FY 2026 pursuant to Article XIIIB of the Constitution of the State of California based on the calculations for the appropriations limit.

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300

7. FY 2026 Tax Rate: Fund Fire Protection and Emergency Response and Preparedness (Measure GG)
From: City Manager
Recommendation: Adopt first reading of an Ordinance setting the FY 2026 tax rate for funding Fire Protection and Emergency Response and Preparedness in the City of Berkeley at the rate of $0.06695 (6.695 cents) per square foot of improvements for dwelling units and setting the rate for all other property at $0.10132 (10.132 cents) per square foot of improvements.

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Rev - 7
Consent Calendar
Tuesday, June 24, 2025 REVISED AGENDA Page 8

8. FY 2026 Tax Rate: Fund Firefighting, Emergency Medical Response and Wildfire Prevention (Measure FF)
From: City Manager
Recommendation: Adopt first reading of an Ordinance setting the FY 2026 tax rate for funding Firefighting, Emergency Medical Response and Wildfire Prevention (Measure FF) in the City of Berkeley at the annual tax rate of $0.1299 (12.99 cents) per square foot of improvements.

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300

9. Funding Reservation for Resources for Community Development’s Maudelle Miller Shirek Community Project
From: City Manager
Recommendation: Adopt a Resolution: (1) Reserving an additional $500,000 for Resources for Community Development’s (RCD) Maudelle Miller Shirek Community project from the FY25 available Small Sites Program fund balance. (2) Conditioning the funding on RCD providing information to tenants on City rental assistance programs with any nonpayment eviction notices issued at the project. (3) Authorizing the City Manager or designee to execute all original or amended documents or agreements to effectuate this action.

Financial Implications: See report
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5400

10. 2024 Housing Trust Fund Request for Proposals - Funding Reservations From: City Manager
Recommendation: Adopt a Resolution to: 1. Reserve $2,990,000 in funding for Resources for Community Development’s Adeline Street Apartments (3224 Adeline Street); 2. Reserve $2,868,571 in funding for Satellite Affordable Housing Associates’ Ashby Lofts (2909 Ninth Street); 3. Authorize the City Manager to refinance existing HTF loans for each project into new loans with terms consistent with the HTF Guidelines; 4. Waive Section IV.C.1 of the Housing Trust Fund Guidelines for projects receiving funds through this Request for Proposals process;

5. Condition the funding on the respective housing developers providing information to tenants on City rental assistance programs with any nonpayment eviction notices issued at these properties; 6. Approve multi-year operating funding contracts for Resources for Community Development and Satellite Affordable Housing Associates, starting Fiscal Year (FY)2025-2026 and ending in FY2029-2030, estimated at up to $30,000 per organization per year; 7. Authorize City Manager or designee to determine the amount of funding to be awarded to Resources for Community Development and Satellite Affordable Housing Associates annually from FY2026 to FY2030, based on the amount of the City’s annual allocation of HOME funds and availability of General Fund match; and 8. Authorize the City Manager or designee to execute all original or amended documents or agreements to effectuate this action.

Financial Implications: See report
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5400 Rev - 8
Consent Calendar
Tuesday, June 24, 2025 REVISED AGENDA Page 9

11. Fiscal Year 2025 - Donations for the Berkeley Meals on Wheels Program From: City Manager
Recommendation: Adopt a Resolution authorizing the City to accept donations totaling $8,000 or the Berkeley Meals on Wheels program for fiscal year 2025.

Financial Implications: See report
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5400

12. Shelter Plus Care Program Renewal Grants
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or designee to receive up to the maximum grant award for the following two Shelter Plus Care grants and to execute any resultant agreements and amendments. a. Alameda County Shelter Plus Care grant in a not-to-exceed amount of $1,022,704 to provide tenant-based rental assistance to individuals who are chronically homeless and disabled from March 1, 2025, through February 28, 2026; and b. U.S. Department of Housing and Urban Development (HUD) Shelter Plus Care grant in the amount of $7,305,893 for Supportive Housing Collaborative Project (SHC) for the period September 1, 2025, through August 31, 2026.

Financial Implications: See report
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5400

13. Contract: HR Acuity, LLC for Case Management and Employee Relations Software
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32100046 with HR Acuity, LLC for case management and employee relations software, for a total amount not to exceed $189,000 and extending the contract term to June 30, 2028.

Financial Implications: See report
Contact: Janelle Rodrigues, Human Resources, (510) 981-6800

14. Contract: Innovative Claim Solutions for Third Party Claims Administration of City’s Workers’ Compensation Program
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute and implement a contract and any amendments with Innovative Claim Solutions, Inc. (ICS), to provide workers’ compensation third-party administrative services in an amount not to exceed $1,888,570 for the period July 1, 2025, through June 30, 2028.

Financial Implications: See report
Contact: Janelle Rodrigues, Human Resources, (510) 981-6800

Rev - 9
Consent Calendar
Tuesday, June 24, 2025 REVISED AGENDA Page 10

15. Contract: Downtown Berkeley YMCA Fitness Center Memberships for City Employees
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with the Downtown Berkeley YMCA in the amount of $179,136 for fitness center memberships for City employees for the period July 1, 2025, through June 30, 2026.

Financial Implications: See report
Contact: Janelle Rodrigues, Human Resources, (510) 981-6800

16. Contract No. 32500005 Amendment: Accela, Inc. for Environmental Health Software
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32500005 with Accela, Inc. (“Accela”) to increase spending authority by $90,200 for Environmental Health (“EH”) software for a total amount not to exceed $1,414,393 for the period of July 1, 2024 to June 30, 2027.

Financial Implications: See report
Contact: Kevin Fong, Information Technology, (510) 981-6500

17. Contract No. 31900174 Amendment: Carahsoft Technology Corporation Using General Services Administration (“GSA”) Schedule for Website Hosting, Software, and Related Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 31900174 to increase spending authority with Carahsoft Technology Corporation (“Carahsoft”) for website hosting services, core infrastructure software, and related services utilizing pricing established by the GSA, for $700,000 for a total not to exceed amount of $2,378,953 for the period May 15, 2019 to June 30, 2027.

Financial Implications: See report
Contact: Kevin Fong, Information Technology, (510) 981-6500

18. Contract No. 32300210 Amendment: Pacific Site Management for On-Call Vegetation and Reduction Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend contract No. 32500210 with Pacific Site Management for as-needed vegetation management, increasing the amount by $300,000 for an amended total amount not to exceed $900,000.

Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

Rev - 10
Consent Calendar
Tuesday, June 24, 2025 REVISED AGENDA Page 11

19. Authorize the City Manager to Accept Metropolitan Transportation Commission Transit Oriented Communities (TOC) Planning Grant
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to accept the Metropolitan Transportation Commission Transit Oriented Communities (MTC TOC) grant in the amount of $400,000 for the Ashby BART Station Access Plan.

Financial Implications: None
Contact: Jordan Klein, Planning and Development, (510) 981-7400

20. Authorization for Additional Civic Arts Commission Meeting in 2025 From: Civic Arts Commission
Recommendation: Adopt a Resolution for one additional meeting of the Civic Arts Commission in 2025.

Financial Implications: None
Contact: Jennifer Lovvorn, Commission Secretary, (510) 981-7530

21. Re-Appointment of Glenn Turner to the Mental Health Commission for the City of Berkeley
From: Mental Health Commission
Recommendation: Adopt a Resolution re-appointing: Glenn Turner as a representative of the Special Public Interest Category - Family member, to complete her second 3-year term beginning June 25, 2025, and ending June 24, 2028.

Financial Implications: None
Contact: Jamie Works-Wright, Commission Secretary, (510) 981-5400

Council Consent Items

22. Berkeley High School All Class Reunion: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds
From: Councilmember O'Keefe (Author), Mayor Ishii (Co-Sponsor), Councilmember Taplin (Co-Sponsor), Councilmember Bartlett (Co-Sponsor) Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $500 per Councilmember – including $500 from Mayor Ishii, $250 from Councilmember O’Keefe, $250 from Councilmember Taplin, and $250 from Councilmember Bartlett – to support the Berkeley High School All Class Reunion Committee (BHS ACRC) by way of its fiscal sponsor, the Berkeley Public Schools Fund, with funds relinquished to the City’s general fund for this purpose.

Financial Implications: See report
Contact: Shoshana O'Keefe, Councilmember, District 5, (510) 981-7150

Action Calendar
The public may comment on each item listed on the agenda for action. 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 during the Action Calendar public comment period on the item

Rev - 11
Action Calendar
Tuesday, June 24, 2025 REVISED AGENDA Page 12
The Presiding Officer will request that persons wishing to speak line up at the podium, or use the "raise hand" function in Zoom, to determine the number of persons interested in speaking at that time. 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 the ir 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.

The Presiding Officer may open and close an additional comment period for Action items on this agenda (excluding any public hearings, appeals, and/or quasi-judicial matters), at the start of the Action Calendar.

Those who speak on an item during this comment period may not speak a second time when the item is taken up by Council.

Action Calendar – Public Hearings
Staff shall introduce the public hearing item and present their comments. For certain hearings, this is followed by five-minute presentations each by first the appellant and then the applicant. The Presiding Officer will request that persons wishing to speak line up at the podium, or use the "raise hand" function in Zoom, to be recognized and to determine the number of persons interested in speaking at that time.

If ten or fewer persons are interested in speaking during a public hearing, 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 e ach side to present their issue.

When applicable, each member of the City Council shall verbally disclose all ex parte contacts concerning the subject of the hearing. Councilmembers shall also submit a report of such contacts in writing prior to the commencement of the hearing. Written reports shall be available for public review in the office of the City Clerk.

23. Re-Establishment of the Berkeley Tourism Business Improvement District From: City Manager
Recommendation:

1. Conduct a public hearing on the renewal of the Berkeley Tourism Business Improvement District (BTBID) for 10 years starting July 1, 2025.

2. Conduct a public hearing on the modification of the existing BTBID to end on June 30, 2025, shortening the existing BTBID’s term from ten (10) years to eight (8) years thus modifying the existing BTBID Management District Plan.

Upon conclusion, declare results of the majority protest proceedings and adopt a Resolution to Re-Establish (renew) the Berkeley Tourism Business Improvement District (BTBID) for a term of ten (10) years, and adopt a Resolution to modify the term of the existing BTBID to coincide with the renewal/reestablishment of the BTBID.

Financial Implications: See report
Contact: Eleanor Hollander, Economic Development, (510) 981-7530 Rev - 12
Action Calendar – Public Hearings
Tuesday, June 24, 2025 REVISED AGENDA Page 13

24. FY 2026 Proposed Budget Update Adoption
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion adopt a Resolution adopting the FY 2026 Proposed Budget Update ("FY 26 Proposed Budget") as presented to Council on May 20, 2025, and as amended by subsequent Council action.

Financial Implications: See report
Contact: Shana Amenaghawon, City Manager's Office, (510) 981-7000

Action Calendar – New Business

25. FY 2026 Annual Appropriations Ordinance
From: City Manager
Recommendation: Adopt first reading of an Ordinance adopting the FY 2026 Annual Appropriations Ordinance (AAO) in the amount of $781,761,995 (gross appropriations) and $670,920,315 (net appropriations).

Financial Implications: See report
Contact: Paul Buddenhagen, City Manager, (510) 981-7000

26. Borrowing of Funds and the Sale and Issuance of FY 2025-26 Tax and Revenue Anticipation Notes
From: City Manager
Recommendation: Adopt a Resolution approving the borrowing of Not to Exceed (NTE) $61,000,000 and the sale and issuance of Fiscal Year 2025-26 Tax and Revenue Anticipation Notes.

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300

Information Reports

27. Voluntary Time Off Program for Fiscal Year 2026
From: City Manager
Contact: David White, City Manager's Office, (510) 981-7000

28. FY 2025 Third Quarter Investment Report: Ended March 31, 2025 From: City Manager
Contact: Henry Oyekanmi, Finance, (510) 981-7300

29. FY 2025 Second Quarter Investment Report: Ended December 31, 2024 From: City Manager
Contact: Henry Oyekanmi, Finance, (510) 981-7300

30. State of Public Health in Berkeley Summary Report
From: City Manager
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5400

Rev - 13

Tuesday, June 24, 2025 REVISED AGENDA Page 14
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/.

Agendas, agenda reports, and revised/supplemental material may be accessed via the online agenda for this meeting at:
https://berkeleyca.gov/your-government/city-council/city-council-agendas and may be accessed at reference desks at the following locations:

City Clerk Department - 2180 Milvia Street, First Floor Tel: 510-981-6900, TDD: 510-981-6903, Fax: 510-981-6901 Email: [email protected]

Libraries: Main – 2090 Kittredge Street,
Claremont Branch – 2940 Benvenue, West Branch – 1125 University, North Branch – 1170 The Alameda, Tarea Hall Pittman South Branch – 1901 Russell

COMMUNICATION ACCESS INFORMATION:

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

Attendees at public meetings are reminded that other attendees may be sensitive to various scents, whether natural or manufactured, in products and materials. Please help the City respect these needs.

Rev - 14

Tuesday, June 24, 2025 REVISED AGENDA Page 15

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.

Questions regarding public participation may be addressed to the City Clerk Department (510) 981 -6900 or by email at [email protected].

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ I hereby certify that the agenda for this meeting of the Berkeley City Council was posted at the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way, as well as on the City’s website, on June 19, 2025.

Mark Numainville, City Clerk

Communications
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. Copies of individual communications are available for viewing at the City Clerk Department and through Records Online.

Unhoused Concern

1. Heike Helmer

2. Summer Brenner

3. Leonard Pitt

Encampments

4. Nigel

5. Tom Parrish

6. Susie Medak

7. M B

8. Beth Roessner

9. Julie Rodrigues Widholm

10. Marc Steyer

11. JJ Noire

12. Sylvia

13. James Mcfadden

14. Elana Auerbach

10th and Harrison

15. Gael Alcock (2)

Rev - 15

Tuesday, June 24, 2025 REVISED AGENDA Page 16
Lithium Ion Batteries

16. Cindy Larson

Parking Restriction Concerns

17. Leah Mazel-Gee

Violence Concern

18. Allen Mayer

19. Helane Wahbeh

20. Irene Chung

21. Noura Khouri

22. Vish Soroushian

Green Waste Bags

23. Judy Gonzalez-Massih

SafeBears Mission

24. Lisa McSeveney

Convenience Fee

25. Peter Goldreyer

1048 Use Permit #ZP2024-0014

26. Bahram Gangei

Town Hall Type of Debate

27. Fredda Cassidy

Safe Amtrak Boarding Platform

28. Tracy Rosenberg

Ohlone Park

29. Daniel Cutter

30. Chris Hall

31. Matan Gilbert

32. Rinda Wardle

33. Stephen Sperber

34. Margaret Rowland

35. Barbara Fisher

36. Mat Glaser

E-Scooters

37. Robert Borghese (3)

38. Stephanie Landry (2)

Rev - 16

Tuesday, June 24, 2025 REVISED AGENDA Page 17
Middle East Conflict

39. Helene B

Thank You for the Statement

40. Stefanie and William Guyunn

41. Dorothea Dorenz

42. Vicki Sommer

43. Susanne (Sanne) DeWitt

44. Yael Galinson

Oxford for All

45. Michael Frantz

URL’s

46. Russbumper
Supplemental Communications and Reports
Items received by the deadlines for submission will be compiled and distributed as follows. If no items are received by the deadline, no supplemental packet will be compiled for said deadline.

• Supplemental Communications and Reports 1
Available by 5:00 p.m. five days prior to the meeting.

• Supplemental Communications and Reports 2
Available by 5:00 p.m. the day before the meeting.

• Supplemental Communications and Reports 3
Available by 5:00 p.m. two days following the meeting.

Rev - 17
Rev - 18

Ordinance No. 7,962-N.S. Page 1 of 1
ORDINANCE NO. 7,962- N.S.

SETTING THE FY 2026 MUNICIPAL TAX RATE FOR THE CITY OF BERKELEY FOR

BUSINESS LICENSE TAX ON LARGE NON-PROFITS
BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. The rate of tax for the FY 2026 business license tax on large non-profits is as follows:
$0.8736 per square foot of improvements over 120,000 square feet Section 2. This tax rate will result in estimated total collections of $636,329.

Section 3. This Ordinance shall take effect and be in full force from and after its final passage.

Section 4. 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. 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 June 17, 2025, this Ordinance was passed to print and ordered published by posting by the following vote:

Ayes: Bartlett, Blackaby, Humbert, Kesarwani, Lunaparra, O’Keefe, Taplin, Tregub, and Ishii.

Noes: None.

Absent: None.

Page 1 of 1 ends

Rev - 19
Rev - 20

Ordinance No. 7,963-N.S. Page 1 of 1
ORDINANCE NO. 7,963-N.S.

SETTING THE FISCAL YEAR 2026 TAX RATE FOR FUNDING THE DEBT SERVICE

ON THE STREET AND WATERSHED IMPROVEMENTS GENERAL OBLIGATION BONDS (MEASURE M, NOVEMBER 2012 ELECTION) IN THE CITY OF BERKELEY BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. The FY
2026 tax rate for debt service on the General Obligation Bonds is set at 0.0050%.

Section 2. The Tax Rate will be based on the estimated assessed values for all rolls (secured, unsecured, and utility) and will become a part of the FY 2026 property tax bill.

Section 3. This Tax Rate will result in estimated total collections of $ 1,525,000 needed
to make the March 1, 2026 and September 1, 2026 debt service payments on the outstanding General Obligation Bonds.

At a regular meeting of the Council of the City of Berkeley held on June 17, 2025, this Ordinance was passed to print and ordered published by posting by the following vote:

Ayes: Bartlett, Blackaby, Humbert, Kesarwani, Lunaparra, O’Keefe, Taplin, Tregub, and Ishii.

Noes: None.

Absent: None.

Page 1 of 1 ends

Rev - 21
Rev - 22

Ordinance No. 7,964-N.S. Page 1 of 1
ORDINANCE NO. 7,964-N.S.

SETTING THE FY 2026 TAX RATE FOR FUNDING THE DEBT SERVICE ON THE 2015 REFUNDING GENERAL OBLIGATION BONDS
BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. The FY 2026 tax rate for the debt service on the 2015 Refunding General Obligation Bonds - Measures G, S and I (General Obligation Bonds - Elections of 1992, 1996 and 2002) at 0.0090%.

Section 2. The Tax Rate will be based on estimated assessed values for all rolls (secured, unsecured, and utility) and will become a part of the FY 2026 property tax bill.

Section 3. This Tax Rate will result in estimated total collections of $2,750,000. needed
to make the March 1, 2026 and September 1, 2026 debt service payments on Refunding General Obligation Bonds.

At a regular meeting of the Council of the City of Berkeley held on June 17, 2025, this Ordinance was passed to print and ordered published by posting by the following vote:

Ayes: Bartlett, Blackaby, Humbert, Kesarwani, Lunaparra, O’Keefe, Taplin, Tregub, and Ishii.

Noes: None.

Absent: None.

Page 1 of 1 ends

Rev - 23
Rev - 24

Ordinance No. 7,965-N.S. Page 1 of 1
ORDINANCE NO. 7,965-N.S.

SETTING THE FISCAL YEAR 2026 SPECIAL TAX RATE TO FUND THE PROVISION

OF EMERGENCY MEDICAL SERVICES FOR THE CITY OF BERKELEY
BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. The FY 2026 Tax Rate for Emergency Medical Services is set at $0.0474 per square foot of taxable improvements.

Section 2. The cost to taxpayers during FY 2026 will be $56.88 for a 1,200 square foot home and $142.20 for a 3,000 square foot home.

Section 3. This tax rate will result in estimated total collections of $4,004,684.

At a regular meeting of the Council of the City of Berkeley held on June 17, 2025, this Ordinance was passed to print and ordered published by posting by the following vote:

Ayes: Bartlett, Blackaby, Humbert, Kesarwani, Lunaparra, O’Keefe, Taplin, Tregub, and Ishii.

Noes: None.

Absent: None.

Page 1 of 1 ends

Rev - 25
Rev - 26

Ordinance No. 7,966-N.S. Page 1 of 1
ORDINANCE NO. 7,966-N.S.

SETTING THE FISCAL YEAR 2026 SPECIAL TAX RATE TO FUND THE SUSTAINABLE

AND ACCOUNTABLE FUNDING FOR EQUITABLE STREET TRANSFORMATION,

REVITALIZATION, ENHANCEMENTS, AND ESSENTIAL TRAFFIC SAFETY (SAFE

STREETS) INITIATIVE, MEASURE FF
BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. The rate of tax for FY 2026 (to cover an 18-month period of time), to provide for the costs incurred for the funding street and sidewalk repairs, safety improvements, and environmental infrastructure projects (Measure FF) is hereby fixed and apportioned upon the square feet of improvements as defined in the Ordinance as follows:
$0.17 per square foot of dwelling unit improvements and $0.25 per square foot for industrial, commercial, and institutional building improvements (Non-Residential).

Section 2. The cost to taxpayers during FY 2025 and FY 2026 will be $306 for a 1,200 square foot dwelling and $765 for a 3,000 square foot dwelling. For other non-residential properties, during FY 2025 and FY 2026, the cost will be $450 for a 1,200 square foot dwelling and $1,125 for a 3,000 square foot dwelling.

Section 3. This tax rate will result in estimated total collection of $22.5 million over 18 months.

At a regular meeting of the Council of the City of Berkeley held on June 17, 2025, this Ordinance was passed to print and ordered published by posting by the following vote:

Ayes: Bartlett, Blackaby, Humbert, Kesarwani, Lunaparra, O’Keefe, Taplin, Tregub, and Ishii.

Noes: None.

Absent: None.

Page 1 of 1 ends

Rev - 27
Rev - 28

Ordinance No. 7,967-N.S. Page 1 of 1
ORDINANCE NO. 7,967-N.S.

SETTING THE FISCAL YEAR 2026 SPECIAL TAX RATE TO FUND MAINTENANCE

OF PARKS, CITY TREES AND LANDSCAPING IN THE CITY OF BERKELEY BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. The FY 2026 Tax Rate for the maintenance of parks, City trees and landscaping is set at $0.2652 per square foot of taxable improvements.

Section 2. The cost to the taxpayer during FY 2026 will be $318.24 for a 1,200 square foot home and $795.60 for a 3,000 square foot home.

Section 3. This Tax Rate will result in estimated total collections of $22,467,865.

Section 4. The tax imposed by this ordinance does not apply to any property owner whose total personal income, from all sources for the previous calendar year, does not exceed that level which shall constitute a very low income, as established by resolution of City Council.

Section 5. 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. 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 June 17, 2025, this Ordinance was passed to print and ordered published by posting by the following vote:

Ayes: Bartlett, Blackaby, Humbert, Kesarwani, Lunaparra, O’Keefe, Taplin, Tregub, and Ishii.

Noes: None.

Absent: None.

Page 1 of 1 ends

Rev - 29
Rev - 30

Ordinance No. 7,968-N.S. Page 1 of 1
ORDINANCE NO. 7,968-N.S.

SETTING THE FISCAL YEAR 2026 TAX RATE FOR FUNDING THE DEBT SERVICE

ON THE AFFORDABLE HOUSING GENERAL OBLIGATION BONDS (MEASURE O, NOVEMBER 2018 ELECTION) IN THE CITY OF BERKELEY
BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. The FY 2026 tax rate for debt service on the General Obligation Bonds is set at 0.0200%.

Section 2. The Tax Rate will be based on the estimated assessed values for all rolls (secured, unsecured, and utility) and will become a part of the FY 2026 property tax bill.

Section 3. This Tax Rate will result in estimated total collections of $6,150,000 needed to make the March 1, 2026 and September 1, 2026 debt service payments on the outstanding General Obligation Bonds.

At a regular meeting of the Council of the City of Berkeley held on June 17, 2025, this Ordinance was passed to print and ordered published by posting by the following vote:

Ayes: Bartlett, Blackaby, Humbert, Kesarwani, Lunaparra, O’Keefe, Taplin, Tregub, and Ishii.

Noes: None.

Absent: None.

Page 1 of 1 ends

Rev - 31
Rev - 32

Ordinance No. 7,969-N.S. Page 1 of 1
ORDINANCE NO. 7,969-N.S.

SETTING THE FISCAL YEAR 2026 TAX RATE FOR FUNDING THE DEBT SERVICE

ON THE INFRASTRUCTURE AND FACILITIES IMPROVEMENTS GENERAL OBLIGATION BONDS (MEASURE T1, NOVEMBER 2016 ELECTION) IN THE CITY OF

BERKELEY
BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. The FY 2026 tax rate for debt service on the General Obligation Bonds is set at 0.0110%.

Section 2. The Tax Rate will be based on the estimated assessed values for all rolls (secured, unsecured, and utility) and will become a part of the FY 2026 property tax bill.

Section 3. This Tax Rate will result in estimated total collections of $3,400,000 needed to make the March 1, 2026 and September 1, 2026 debt service payments on the proposed General Obligation Bonds.

At a regular meeting of the Council of the City of Berkeley held on June 17, 2025, this Ordinance was passed to print and ordered published by posting by the following vote:

Ayes: Bartlett, Blackaby, Humbert, Kesarwani, Lunaparra, O’Keefe, Taplin, Tregub, and Ishii.

Noes: None.

Absent: None.

Page 1 of 1 ends

Rev - 33
Rev - 34
Ordinance No. 7,970-N.S. Page 1 of 1
ORDINANCE NO. 7,970-N.S.

SETTING THE FY 2026 TAX RATE FOR FUNDING THE DEBT SERVICE ON THE

NEIGHBORHOOD BRANCH LIBRARY IMPROVEMENTS PROJECT GENERAL OBLIGATION BONDS (MEASURE FF, NOVEMBER 2008 ELECTION) IN THE CITY OF

BERKELEY
BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. The FY 2026 tax rate for the debt service on the General Obligation Bonds is set at 0.0040%.

Section 2. The Tax Rate will be based on the estimated assessed values for all rolls (secured, unsecured, and utility) and will become a part of the FY 2026 property tax bill.

Section 3. This Tax Rate will result in estimated total collections of $1,250,000 needed to make the March 1, 2026 and September 1, 2026 debt service payments on the outstanding General Obligation Bonds.

At a regular meeting of the Council of the City of Berkeley held on June 17, 2025, this Ordinance was passed to print and ordered published by posting by the following vote:

Ayes: Bartlett, Blackaby, Humbert, Kesarwani, Lunaparra, O’Keefe, Taplin, Tregub, and Ishii.

Noes: None.

Absent: None.

Page 1 of 1 ends

Rev - 35
Rev - 36

Ordinance No. 7,971-N.S. Page 1 of 1
ORDINANCE NO. 7,971-N.S.

SETTING THE FISCAL YEAR 2026 SPECIAL TAX RATE TO FUND EMERGENCY

SERVICES FOR THE SEVERELY DISABLED IN THE CITY OF BERKELEY BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. The FY 2026 Tax Rate to fund emergency services for severely disabled persons is set at $0.02229 per square feet of improvements.

Section 2. The cost to taxpayers during FY 2026 will be $26.75 for a 1,200 square foot home and $66.87 for a 3,000 square foot home.

Section 3. This tax rate will result in estimated total collections of $1,882,839.

At a regular meeting of the Council of the City of Berkeley held on June 17, 2025, this Ordinance was passed to print and ordered published by posting by the following vote:

Ayes: Bartlett, Blackaby, Humbert, Kesarwani, Lunaparra, O’Keefe, Taplin, Tregub, and Ishii.

Noes: None.

Absent: None.

Page 1 of 1 ends

Rev - 37
Rev - 38

Ordinance No. 7,972-N.S. Page 1 of 1
ORDINANCE NO. 7,972-N.S.

SETTING THE FISCAL YEAR 2026 SPECIAL TAX RATE TO FUND THE PROVISION OF LIBRARY RELIEF ACT OF 2024 IN THE CITY OF BERKELEY
BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. The FY 2026 Tax Rate to support usual and current expenses of operating library services is set at $0.06 per square foot for dwelling units and $0.09 per square foot for industrial, commercial and institutional buildings.

Section 2. The cost to taxpayers during FY 2026 will be $90.00 for a 1,500 square foot dwelling and $135.00 for all other property of similar size.

Section 3. This tax rate will result in estimated total collections of $5,600,000.

Section 5. Copies of this Ordinance shall be posted for two days prior to adoption in the display case located near the walkway in front of Old City Hall, 2134 Martin Luther King Jr. 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 June 17, 2025, this Ordinance was passed to print and ordered published by posting by the following vote:

Ayes: Bartlett, Blackaby, Humbert, Kesarwani, Lunaparra, O’Keefe, Taplin, Tregub, and Ishii.

Noes: None.

Absent: None.

Page 1 of 1 ends

Rev - 39
Rev - 40

Ordinance No. 7,973-N.S. Page 1 of 1
ORDINANCE NO. 7,973-N.S.

SETTING THE FISCAL YEAR 2026 SPECIAL TAX RATE TO FUND LIBRARY

SERVICES TAX IN THE CITY OF BERKELEY
BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. The FY 2026 Tax Rate to support usual and current expenses of operating library services is set at $0.2980 per square foot for dwelling units and $0.4506 per square foot for industrial, commercial and institutional buildings.

Section 2. The cost to taxpayers during FY 2026 will be $447.00 for a 1,500 square foot dwelling and $675.90 for all other property of similar size.

Section 3. This tax rate will result in estimated total collections of $28,150,804.

At a regular meeting of the Council of the City of Berkeley held on June 17, 2025, this Ordinance was passed to print and ordered published by posting by the following vote:

Ayes: Bartlett, Blackaby, Humbert, Kesarwani, Lunaparra, O’Keefe, Taplin, Tregub, and Ishii.

Noes: None.

Absent: None.

Page 1 of 1 ends

Rev - 41
Rev - 42
Tuesday, June 24, 2025 AGENDA Page 1
AGENDA

ADENA ISHII, MAYOR
Councilmembers:

DISTRICT 1 – RASHI KESARWANI DISTRICT 5 – SHOSHANA O’KEEFE DISTRICT 2 – TERRY TAPLIN DISTRICT 6 – BRENT BLACKABY
DISTRICT 3 – BEN BARTLETT DISTRICT 7 – CECILIA LUNAPARRA DISTRICT 4 – IGOR TREGUB DISTRICT 8 – MARK HUMBERT
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.

T
o access the meeting remotely use this URL: https://cityofberkeley-info.zoomgov.com/j/1605843840 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: 160 584 3840. To provide public comment, Press *9 and wait to be recognized by the Chair. To submit a written communication for the public record, email [email protected] .

T
his 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.

P
ursuant 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.

G
overnment 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 $5 00 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.

Page 1 ends

Tuesday, June 24, 2025 AGENDA Page 2
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.

1. Adjourn in memory of Marie Gunter, Sustainability Advocate

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.

Page 2 ends

Tuesday, June 24, 2025 AGENDA Page 3
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.

Consent Calendar

Financial Implications: See report
Contact: Farimah Brown, City Attorney, (510) 981-6998

Financial Implications: None
Contact: Mark Numainville, City Clerk, (510) 981-6900

Page 3 ends

Consent Calendar
Tuesday, June 24, 2025 AGENDA Page 4

Financial Implications: See report
Contact: Peter Radu, City Manager's Office, (510) 981-7000

Financial Implications: See report
Contact: Eleanor Hollander, Economic Development, (510) 981-7530

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300

Page 4 ends

Consent Calendar
Tuesday, June 24, 2025 AGENDA Page 5

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300

Financial Implications: See report
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5400

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Consent Calendar
Tuesday, June 24, 2025 AGENDA Page 6

Financial Implications: See report
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5400

Financial Implications: See report
Contact: Janelle Rodrigues, Human Resources, (510) 981-6800

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Consent Calendar
Tuesday, June 24, 2025 AGENDA Page 7

Financial Implications: See report
Contact: Janelle Rodrigues, Human Resources, (510) 981-6800

Financial Implications: See report
Contact: Kevin Fong, Information Technology, (510) 981-6500

Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

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Consent Calendar
Tuesday, June 24, 2025 AGENDA Page 8

Financial Implications: None
Contact: Jordan Klein, Planning and Development, (510) 981-7400

20. Authorization for Additional Civic Arts Commission Meeting in 2025 From: Civic Arts Commission
Recommendation: Adopt a Resolution for one additional meeting of the Civic Arts Commission in 2025.

Financial Implications: None
Contact: Jennifer Lovvorn, Commission Secretary, (510) 981-7530

Financial Implications: None
Contact: Jamie Works-Wright, Commission Secretary, (510) 981-5400

Council Consent Items

Financial Implications: See report
Contact: Shoshana O'Keefe, Councilmember, District 5, (510) 981-7150

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Action Calendar
Tuesday, June 24, 2025 AGENDA Page 9
hand" function in Zoom, to determine the number of persons interested in speaking at that time. 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 Offi cer 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.

Those who speak on an item during this comment period may not speak a second time when the item is taken up by Council.

23. Re-Establishment of the Berkeley Tourism Business Improvement District From: City Manager
Recommendation:

1. Conduct a public hearing on the renewal of the Berkeley Tourism Business Improvement District (BTBID) for 10 years starting July 1, 2025.

Financial Implications: See report
Contact: Eleanor Hollander, Economic Development, (510) 981-7530

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Action Calendar – Public Hearings
Tuesday, June 24, 2025 AGENDA Page 10

Financial Implications: See report
Contact: Shana Amenaghawon, City Manager's Office, (510) 981-7000

Action Calendar – New Business

Financial Implications: See report
Contact: Paul Buddenhagen, City Manager, (510) 981-7000

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300

Information Reports

27. Voluntary Time Off Program for Fiscal Year 2026
From: City Manager
Contact: David White, City Manager's Office, (510) 981-7000

28. FY 2025 Third Quarter Investment Report: Ended March 31, 2025 From: City Manager
Contact: Henry Oyekanmi, Finance, (510) 981-7300

29. FY 2025 Second Quarter Investment Report: Ended December 31, 2024 From: City Manager
Contact: Henry Oyekanmi, Finance, (510) 981-7300

30. State of Public Health in Berkeley Summary Report
From: City Manager
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5400

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Tuesday, June 24, 2025 AGENDA Page 11
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.

City Clerk Department - 2180 Milvia Street, First Floor Tel: 510-981-6900, TDD: 510-981-6903, Fax: 510-981-6901 Email: [email protected]

Libraries: Main – 2090 Kittredge Street,
Claremont Branch – 2940 Benvenue, West Branch – 1125 University, North Branch – 1170 The Alameda, Tarea Hall Pittman South Branch – 1901 Russell

COMMUNICATION ACCESS INFORMATION:

This meeting is being held in a wheelchair accessible location.

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Tuesday, June 24, 2025 AGENDA Page 12

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.

Questions regarding public participation may be addressed to the City Clerk Department (510) 981- 6900 or by email at [email protected].

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ I hereby certify that the agenda for this meeting of the Berkeley City Council was posted at the display case located near the walkway in front of the Maudelle Shirek Building , 2134 Martin Luther King Jr. Way, as well as on the City’s website, on June 12, 2025.

Mark Numainville, City Clerk

Unhoused Concern

1. Heike Helmer

2. Summer Brenner

3. Leonard Pitt

Encampments

4. Nigel

5. Tom Parrish

6. Susie Medak

7. M B

8. Beth Roessner

9. Julie Rodrigues Widholm

10. Marc Steyer

11. JJ Noire

12. Sylvia

13. James Mcfadden

14. Elana Auerbach

10 th and Harrison

15. Gael Alcock (2)

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Tuesday, June 24, 2025 AGENDA Page 13
Lithium Ion Batteries

16. Cindy Larson

Parking Restriction Concerns

17. Leah Mazel-Gee

Violence Concern

18. Allen Mayer

19. Helane Wahbeh

20. Irene Chung

21. Noura Khouri

22. Vish Soroushian

Green Waste Bags

23. Judy Gonzalez-Massih

SafeBears Mission

24. Lisa McSeveney

Convenience Fee

25. Peter Goldreyer

1048 Use Permit #ZP2024-0014

26. Bahram Gangei

Town Hall Type of Debate

27. Fredda Cassidy

Safe Amtrak Boarding Platform

28. Tracy Rosenberg

Ohlone Park

29. Daniel Cutter

30. Chris Hall

31. Matan Gilbert

32. Rinda Wardle

33. Stephen Sperber

34. Margaret Rowland

35. Barbara Fisher

36. Mat Glaser

E-Scooters

37. Robert Borghese (3)

38. Stephanie Landry (2)

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Tuesday, June 24, 2025 AGENDA Page 14
Middle East Conflict

39. Helene B

Thank You for the Statement

40. Stefanie and William Guyunn

41. Dorothea Dorenz

42. Vicki Sommer

43. Susanne (Sanne) DeWitt

44. Yael Galinson

Oxford for All

45. Michael Frantz

URL’s

• Supplemental Communications and Reports 1
Available by 5:00 p.m. five days prior to the meeting.

• Supplemental Communications and Reports 2
Available by 5:00 p.m. the day before the meeting.

• Supplemental Communications and Reports 3
Available by 5:00 p.m. two days following the meeting.

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Office of the City Attorney

CONSENT CALENDAR
June 24, 2025
To: Honorable Members of the City Council
From: Farimah Brown, City Attorney (Author)
Subject: Amendments to Ordinance Prohibiting the Sale or Use of Coordinated Pricing Algorithms (BMC 13.63) to Suspend Effective Date Until March 2026

RECOMMENDATION
Amend the Ordinance Prohibiting the Sale or Use of Coordinated Pricing Algorithms (BMC 13.63) to suspend the effective date until March 1, 2026.

BACKGROUND
On March 25, 2025, the Berkeley City Council adopted a second reading of an ordinance (Attachment 1) that prohibits the sale or use of coordinated pricing algorithms to set or recommend rents in Berkeley (BMC 13.63.) Pursuant to City Charter, Article XIV, Section 93, the ordinance became effective on April 24, 2025.

In early April 2025, RealPage, Inc. filed a lawsuit, temporary restraining order (“TRO”), and motion for preliminary injunction seeking to enjoin the ordinance on First Amendment grounds. See RealPage, Inc. v. City of Berkeley, 3:25-cv-03004-JSC (N.D.

Cal.). The court denied RealPage’s motion for TRO due to the City’s agreement not to enforce the ordinance against RealPage pending RealPage’s motion for a preliminary injunction. The City later agreed to suspend enforcement of the ordinance against property owners under the same terms.

Under the Court’s order dated May 20, 2025, RealPage is scheduled to file its motion for preliminary injunction on June 20, 2025; the City’s response is due on August 8, 2025; and RealPage’s reply is due on August 22, 2025. RealPage has tentatively agreed to suspend these dates in light of this pending legislative action.

RATIONALE FOR RECOMMENDATION
The pending litigation has posed significant costs for the City. RealPage has informed the City Attorney’s Office that it will agree to a further extension of deadlines to facilitate a possible amicable resolution of the case only if the City takes action to amend, repeal, or suspend the ordinance’s effective date. Absent action by the City Council, the litigation will continue to drive up costs for the City.

The proposed amendment herein (Attachment 2) would suspend the effective date of the ordinance until March 1, 2026, in order to reduce ongoing legal costs and give the City Council time to consider options.

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Amendments to Ordinance Prohibiting the Sale or Use of Coordinated Pricing Algorithms (BMC 13.63) to Suspend Effective Date Until March 2026 June 24, 2025

FINANCIAL IMPLICATIONS
The action could result in a pause of the litigation, and could help facilitate a resolution that may reduce the City’s litigation costs in this matter.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no identifiable environmental effects, climate impacts, or sustainability opportunities associated with the subject of this report.

CONTACT PERSON
Farimah Brown 510-981-6998
Attachments:

1. Ordinance No. 7,956-N.S., Prohibition on the Sale or Use of Coordinated Pricing Algorithms To Set Rents or Manage Occupancy Levels for Residential Dwelling Units.

2. Proposed Amendments to Ordinance No. 7,956-N.S (redline)

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ORDINANCE NO. -N.S.

AMENDING CHAPTER 13.63 OF THE BERKELEY MUNICIPAL CODE PROHIBITING

THE SALE OR USE OF COORDINATED PRICING ALGORITHMS TO SET RENTS OR

MANAGE OCCUPANCY LEVELS FOR RESIDENTIAL DWELLING UNITS
BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. That Berkeley Municipal Code 13.63 is amended to read as follows:

Chapter 13.63

PROHIBITION ON THE SALE OR USE OF COORDINATED PRICING ALGORITHMS

TO SET RENTS OR MANAGE OCCUPANCY LEVELS FOR RESIDENTIAL

DWELLING UNITS
Sections:

13.63.010 Findings and Purpose

13.63.020 Definitions

13.63.030 Use and Sale of Coordinated Pricing Algorithms Prohibited

13.63.040 Remedies

13.63.050 Undertaking for the General Welfare

13.63.060 Severability

13.63.070 Effective Date

13.63.010 Findings and purpose.

The Council hereby finds and determines that the adoption of this chapter is necessary to the promotion of the public health, safety, and welfare.

A. In recent years, a number of new software programs, often referred to as “algorithmic devices”, have threatened to destabilize rental housing markets in cities nationwide, including the City of Berkeley.

B. These programs enable landlords to indirectly coordinate with one another through the sharing of non-public competitively sensitive data in order to artificially inflate rents and vacancy rates for rental housing. Participating landlords provide vast amounts of proprietary data to the programs, which in turn set or provide recommendations for rent and occupancy levels.

C. More and more landlords in U.S. cities now pool their data and pricing decisions using such software.

D. The software has contributed to double-digit rent increases (over the last nine years, median rents have increased 19% in the East Bay), higher vacancy rates, and higher rates of eviction, and has generally distorted markets so that rents and vacancy rates have increased in tandem.

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Internal

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E. Often used by large corporate landlords, the software fuels the consolidation of corporate and private equity ownership of rental housing, at the expense of landlords large and small who are willing to play by the normal rules. Landlords using these tools are not engaging in appropriate market behavior. And the companies developing and selling these tools to Berkeley landlords are not doing so either, and are contributing to these problems.

F. A 2022 class action lawsuit filed in the U.S. District Court in the Western District of Washington at Seattle (one of over 20 private class action lawsuits that have been consolidated into one case) accuses nearly 50 trade associations - including the East Bay Rental Housing Association and the Berkeley Property Owners Association – of serving as “conduits of the cartel” by providing a venue for RealPage and their property owners to conspire. The lawsuit further alleges that landlords use the software to agree on prices to set for rent, and to stagger their lease renewal dates so as to avoid any oversupplies in rental properties.

G. Numerous antitrust lawsuits have been filed against certain of these companies, including RealPage, Inc. and Yardi Systems, Inc. The lawsuits allege that these companies are enabling and participating in a scheme of unlawful rent-fixing. These include a lawsuit filed by the District of Columbia Attorney General in November 2023, a lawsuit filed by the Arizona Attorney General in February 2024, and more than 20 federal private class action lawsuits filed nationwide that have been consolidated in the federal court in the Middle District of Tennessee. In August 2024, The United States Department of Justice, alongside the attorneys general of California and seven other states, filed an antitrust lawsuit against RealPage, accusing the company of reducing competition among landlords and taking over the market for such algorithm-based rental software.

H. Instead of waiting for court processes which may take years to resolve, this ordinance prohibits the sale or use of algorithmic devices for the purpose of setting rents on residential dwelling units in the city of Berkeley, to bring immediate relief to Berkeley tenants, as well as to put landlords who have been using these devices on equal footing with those who are willing to adhere to fair standards for setting rental rates.

I. This Chapter is not intended to prevent the development or sale of software to help landlords manage their units generally or through the use of public data. Nor does this Chapter regulate the amount of rent that a landlord may charge. This Chapter solely regulates the use and sale of the algorithmic devices that analyze and share non- public data, to prevent the harms described above.

13.63.020 Definitions.

A. “Coordinated pricing algorithm” means any analytical or computation processes that use data to recommend or predict the price of consumer goods or services in direct or indirect coordination with one or more competitors, including through a third-party vendor such as a software program that uses one or more algorithms to perform calculations of competitor data concerning local or statewide rents or occupancy levels, for the purpose of advising landlords whether to leave their units vacant or on the amount of rent that landlords may obtain from tenants. "Coordinated pricing algorithm" includes a product that incorporates a coordinated pricing algorithm, but does not

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Internal

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include (a) any report published by a trade association that receives renter data and publishes it in an aggregated and anonymous manner or (b) a product used for the purpose of establishing rent or income limits in accordance with the affordable housing guidelines of a local government, the state, the federal government, or other political subdivision.

B. “Competitor data” means information, including information about actual rent prices, occupancy rates, lease start and end dates, and similar data, regardless whether the information is attributable to a specific competitor or anonymized, and regardless whether it is derived from or otherwise provided by another person that competes in the same market or a related market.

13.63.030 Use and sale of coordinated pricing algorithms prohibited .

A. It shall be unlawful to sell, license, or otherwise provide to city of Berkeley landlords any coordinated pricing algorithm that sets, recommends, or advises on rents or occupancy levels that may be achieved for residential dwelling units in the city of Berkeley.

B. It shall be unlawful for a landlord to use a coordinated pricing algorithm described in subsection A when setting rents or occupancy levels for residential dwelling units in the city of Berkeley. Each separate month that a violation exists or continues, and each separate residential dwelling unit for which the landlord used the coordinated pricing algorithm, shall constitute a separate and distinct violation.

13.63.040 Remedies.

A. The City Attorney may file a civil action for violations of section 13.63.030, subsections A and/or B, for damages, injunctive relief, restitution/return of illegal profits, and/or civil penalties of up to $1,000 per violation. The court shall award reasonable attorney’s fees and costs to the city Attorney if the City Attorney is the prevailing party in such a civil action.

B. A tenant may file a civil action for violations of section 13.63.030, subsection B, for injunctive relief, money damages, and/or civil penalties of up to $1,000 per violation.

The court shall award reasonable attorney’s fees and costs to the tenant if the tenant is the prevailing party in such a civil action. A lease provision that limits a prevailing tenant from obtaining attorneys’ fees shall not be enforceable against a tenant’s claim for attorneys’ fees that arises under this subsection 13.63.040 B.

13.63.050 Undertaking for the general welfare.

In enacting and implementing this Chapter 13.63, the City is assuming an undertaking only to promote the general welfare. It is not assuming, nor is it imposing on its officers and employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury.

13.63.060 Severability.

If any part or provision of this Chapter, or the application of this Chapter to any person or circumstance, is held invalid, the remainder of this Chapter, including the application of such part or provision to other persons or circumstances, shall not be

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affected by such a holding and shall continue in full force and effect. To this end, the provisions of this Chapter are severable.

13.63.070 Effective Date.

The provisions of this Chapter shall not take effect until March 1, 2026.

Section 2. 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. 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.

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Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: https://berkeleyca.gov/

CONSENT CALENDAR
June 24, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Mark Numainville, City Clerk
Subject: Minutes for Approval

RECOMMENDATION
Approve the minutes for the Council meetings of May 5, 2025 (special), May 6, 2025 (special and regular), May 13, 2025 (special), May 20, 2025 (special and regular), May 21, 2025 (special), and May 27, 2025 (special closed).

CONTACT PERSON
Mark Numainville, City Clerk, (510) 981-6900
Attachments:

1. May 5, 2025 – Special Closed City Council Meeting

2. May 6, 2025 – Special City Council Meeting

3. May 6, 2025 – Regular City Council Meeting

4. May 13, 2025 – Special Closed City Council Meeting

5. May 20, 2025 – Special Council City Meeting

6. May 20, 2025 – Regular City Council Meeting

7. May 21, 2025 – Special Closed City Council Meeting

8. May 27, 2025 – Special Closed City Council Meeting

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Monday, May 5, 2025 MINUTES Page 1

B E R K E L E Y C I T Y C O U N C I L

S P E C I A L M E E T I N G M I N U T E S
MONDAY, MAY 5, 2025
4:30 P.M.
2180 MILVIA STREET, BERKELEY, CA 94704
TELECONFERENCE LOCATION - 1619 EDITH STREET, BERKELEY, CA 94703 TELECONFERENCE LOCATION - 1250 S HAYES ST, ARLINGTON, VA 22202

ADENA ISHII, MAYOR
Councilmembers:

To access the meeting remotely use this URL: https://cityofberkeley-info.zoomgov.com/j/1613384277. 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: 161 338 4277. To provide public comment, Press *9 and wait to be recognized by the Chair. To submit a written communication for the public record, email [email protected].

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.

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.

Attachment 1

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Monday, May 5, 2025 MINUTES Page 2
Preliminary Matters
Roll Call: 4:36 p.m.

Present: Kesarwani, Taplin, Bartlett, O’Keefe, Blackaby, Lunaparra, Humbert, Ishii

Absent: Tregub
Councilmember Bartlett participated in the meeting remotely pursuant to the “just cause” exemption in the Brown Act.

Councilmember Tregub present at 4:42 p.m.

Public Comment – 0 speakers
CLOSED SESSION:

The City Council will convene in closed session to meet concerning the following:

1. PUBLIC EMPLOYEE APPOINTMENTS PURSUANT TO GOVERNMENT CODE SECTION 54957(b):

Title of position to be filled: Director of Human Resources Action: No reportable action taken.

2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTIONS 54956.9(a) and (d)(1):
a. Prado, et al. v. City of Berkeley, USDC Case No. 3:23-cv-04537-EMD, in the US District Court for the Northern District of California.

Action: No reportable action taken.
b. Berkeley Homeless Union, et al. v. City of Berkeley, et al., USDC Case No. 4:25-cv-01414- HSG, in the US District Court for the Northern District of California.

Action: No reportable action taken.
c. Dennison, et al. v. City of Berkeley, Alameda County Superior Court Case No. 24CV091288.

Action: No reportable action taken.

3. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9 a. City and County of San Francisco, et al., v. Donald J. Trump, et al., U.S. District Court for the Northern District of California, Case No. 25-cv-01350 Action: M/S/C (Kesarwani/Lunaparra) to direct the City Attorney to initiate an action.

Vote: Ayes – Kesarwani, Bartlett, Tregub, Blackaby, Lunaparra, Humbert, Ishii; Noes – None; Abstain – None; Absent – Taplin, O’Keefe.

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Monday, May 5, 2025 MINUTES Page 3
OPEN SESSION:

The City Council directed the City Attorney to initiate an action. Once formally commenced, the action, defendants, and other particulars shall be disclosed to any person upon inquiry, unless to do so would jeopardize the City's ability to effectuate service of process on one or more unserved parties, or jeopardize the City’s ability to conclude existing settlement negotiations to its advantage.

Adjournment
Action: M/S/C (Lunaparra/Blackaby) to adjourn the meeting.

Vote: Ayes – Bartlett, Tregub, Blackaby, Lunaparra, Humbert, Ishii; Noes – None; Abstain – None; Absent – Kesarwani, Taplin, O’Keefe.

Adjourned at 7:33 p.m.

I hereby certify that the foregoing is a true and correct record of the closed session meeting held on May 5, 2025.
________________________
Mark Numainville, City Clerk

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Tuesday, May 6, 2025 MINUTES Page 1

M I N U T E S

S P E C I A L M E E T I N G O F T H E

B E R K E L E Y C I T Y C O U N C I L
Tuesday, May 6, 2025
4:30 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702 TELECONFERENCE LOCATION - 32581 VIA LOS SANTOS, SAN JUAN CAPISTRANO, CA 92675

ADENA ISHII, MAYOR
Councilmembers:

DISTRICT 1 – RASHI KESARWANI DISTRICT 5 – SHOSHANA O’KEEFE DISTRICT 2 – TERRY TAPLIN DISTRICT 6 – BRENT BLACKABY
DISTRICT 3 – BEN BARTLETT DISTRICT 7 – CECILIA LUNAPARRA DISTRICT 4 – IGOR TREGUB DISTRICT 8 – MARK HUMBERT
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/1612529488. 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: 161 252 9488 . To provide public comment, Press *9 and wait to be recognized by the Chair. To submit a written communication for the public record, email [email protected].

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.

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.

Attachment 2

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Tuesday, May 6, 2025 MINUTES Page 2
Preliminary Matters
Roll Call: 4:37 p.m.

Present: Tregub, O’Keefe, Blackaby, Lunaparra, Ishii

Absent: Kesarwani, Taplin, Bartlett, Humbert
Councilmember Taplin present at 5:09 p.m.

Councilmember Bartlett present at 5:12 p.m.

Worksession

1. Presentation and Discussion: Brown Act Training
From: City Attorney’s Office
Contact: Farimah Brown, City Attorney, (510) 981-6950
Action: 1 speaker. Presentation made and discussion held.

Adjournment
Action: M/S/C (Lunaparra/Blackaby) to adjourn the meeting.

Vote: Ayes – Taplin, Bartlett, Tregub, O’Keefe, Blackaby, Lunaparra, Ishii; Noes – None; Abstain – None; Absent – Kesarwani, Humbert.

Adjourned at 5:31 p.m.

I hereby certify that the foregoing is a true and correct record of the special meeting held on May 6, 2025.
________________________
Mark Numainville, City Clerk
Communications
 None
Supplemental Communications and Reports 1
 None
Supplemental Communications and Reports 2
 None
Supplemental Communications and Reports 3

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Tuesday, May 6, 2025 MINUTES Page 3
Item #1: Presentation and Discussion: Brown Act Training

1. Presentation, submitted by City Attorney’s Office

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Tuesday, May 6, 2025 MINUTES Page 1

MINUTES

BERKELEY CITY COUNCIL MEETING
Tuesday, May 6, 2025
6:00 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702 TELECONFERENCE LOCATION - 32581 VIA LOS SANTOS, SAN JUAN CAPISTRANO, CA 92675

ADENA ISHII, MAYOR
Councilmembers:

DISTRICT 1 – RASHI KESARWANI DISTRICT 5 – SHOSHANA O’KEEFE DISTRICT 2 – TERRY TAPLIN DISTRICT 6 – BRENT BLACKABY
DISTRICT 3 – BEN BARTLETT DISTRICT 7 – CECILIA LUNAPARRA DISTRICT 4 – IGOR TREGUB DISTRICT 8 – MARK HUMBERT
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.

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.

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.

Attachment 3

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Tuesday, May 6, 2025 MINUTES Page 2
Preliminary Matters
Roll Call: 6:09 p.m.

Present: Kesarwani, Taplin, Bartlett, Tregub, O’Keefe, Blackaby, Lunaparra, Humbert, Ishii

Absent: None
Report from Closed Session:

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:

1. Words of Remembrance for David “Chicken” Nesmith
City Manager Comments:

Item 1 CALFIRE Map and Item 9 Fire Code Amendments, will not be heard on this agenda and are rescheduled to the June 17, 2025 meeting.

Public Comment on Non-Agenda Matters: 7 speakers.

Public Comment by Employee Unions: 1 speaker.

Consent Calendar
Public Comment on Consent Calendar and Information Items Only: 2 speakers.

Action: M/S/C (Tregub/Taplin) to adopt the Consent Calendar in one motion except as indicated.

Vote: All Ayes.

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Tuesday, May 6, 2025 MINUTES Page 3
Consent Calendar

1. Adoption of CALFIRE Map and Additional Areas Designated as the City of Berkeley Fire Hazard Severity Zones
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,958-N.S. to designate Fire Hazard Severity Zones (FHSZ) within the Local Responsibility Area as recommended by the California Department of Forestry and Fire Protection (CALFIRE) pursuant to Government Code Section 51178.

First Reading Vote: All Ayes.

Financial Implications: See report
Contact: David Sprague, Fire, (510) 981-3473
Action: Second reading of Ordinance No. 7,958–N.S. is rescheduled to June 17, 2025 at the request of the City Manager.

2. Re-Establishment of the Berkeley Tourism Business Improvement District From: City Manager
Recommendation:

1. Adopt a Resolution declaring the City Council’s intention to renew the Berkeley Tourism Business Improvement District (BTBID) for ten (10) years starting July 1, 2025, and directing the City Clerk to schedule a public meeting on June 3, 2025 and a public hearing on June 24, 2025 to renew the BTBID.

2. Adopt a Resolution declaring the City Council’s intention to modify the existing BTBID to end on June 30, 2025, shortening the existing BTBID’s term from ten (10) years to eight (8) years and directing the City Clerk to schedule a public hearing on June 24, 2025 on modification of the BTBID Management District Plan (Plan).

3. Adopt a Resolution authorizing the City Manager to execute a contract and any necessary amendments with Visit Berkeley, the BTBID’s Owners’ Association and the City of Berkeley’s Convention and Visitor’s Bureau, for an amount not to exceed total Tourism BID collections for the term of the renewed BTBID, beginning on July 1, 2025 and concluding on June 30, 2035.

Financial Implications: See report.

Contact: Eleanor Hollander, Economic Development, (510) 981-7530 Action: Adopted Resolution No. 71,749–N.S. (BTBID Renewal); Resolution No. 71,750–N.S. (BTBID Modification); and Resolution No. 71,751–N.S. (Contract).

3. Contract: Diablo Fire Safe Council for Home Hardening Donations From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with the Diablo Fire Safe Council (DFSC) to serve as the fiscal sponsor for donations that support home hardening work in Berkeley, particularly in its Fire Hazard Severity Zones, for a term of five years.

Financial Implications: See report.

Contact: David Sprague, Fire, (510) 981-3473
Action: Adopted Resolution No. 71,752–N.S.

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Consent Calendar
Tuesday, May 6, 2025 MINUTES Page 4

4. Contract No. 32400192 Amendment: GovernmentJobs.com (dba NEOGOV) for Online Data Management Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32400192 with GovernmentJobs.com (dba NEOGOV) for online data management services including applicant tracking, onboarding, learning management, and performance management to extend the contract from May 16, 2025 to May 15, 2028 and increase the contract cap to $108,884 to cover the cost of three fiscal years.

Financial Implications: General Fund and Training Fund - $108,884.79 Contact: Monica Walker, Human Resources, (510) 981-6800 Action: Adopted Resolution No. 71,753–N.S.

5. Reject All Bids and Re-Scope and Re-Bid the Work Associated with South Cove West Lot Repaving Project
From: City Manager
Recommendation: Adopt a Resolution: 1. Approving plans and specifications for South Cove West Lot Repaving Project, Specification No. 25-11687-C; 2. Rejecting all bids for the work associated with the South Cove West Lot Repaving Project (Bid Specification No. 25-11687-C); and 3. Authorizing the City Manager to direct staff to re-scope and re-bid the work associated with the South Cove West Lot Repaving Project.

Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 71,754–N.S.

6. Contract No. 32200042 Amendment: WCG, Inc. for Updates to the BESO Program’s Salesforce Software System
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32200042 with WCG, Inc., to update the Building Emissions Saving Ordinance (BESO) program’s Salesforce software system, to implement amendments to BESO, for an additional amount of $100,000, for a total contract amount not to exceed $124,750, and extending the term through December 31, 2027.

Financial Implications: See report
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: Adopted Resolution No. 71,755–N.S.

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Consent Calendar
Tuesday, May 6, 2025 MINUTES Page 5

7. Contract No. 117441-1 Amendment: Chrisp Company for Painting Red Curbs to Enhance Compliance with California’s Daylighting Law (Assembly Bill 413) From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 117441-1 with Chrisp Company to paint red curbs at the approach to approximately 918 intersections to improve safety in compliance with California’s Daylighting Law (Assembly Bill 413, or AB 413). This contract amendment would increase the contract amount by $375,574, for a new contract amount not to exceed of $1,625,575.

Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300
Action: Adopted Resolution No. 71,756–N.S.
8a. Notice, tracking and enforcement of California SB 1343 sexual harassment prevention training for Berkeley private, public and non-profit employers and employees
From: Commission on the Status of Women
Recommendation: That Council refer to the City Manager to develop a procedure for all employers and employees doing business in Berkeley, whether public, private or nonprofit, to take the sexual harassment prevention online training as posted on the California Civil Rights Department website, conducted by a qualified trainer, as required by California SB 1343, on City premises and to provide certification of completion of training to be filed with the City.

That all employers doing business in Berkeley with 5 or more employees be provided with notice of the SB 1343 requirement to take sexual harassment prevention training every 2 years; the availability of free online training on the California Civil Rights Department website (formerly known as the California Department of Fair Employment and Housing) and the availability of the City of Berkeley online trainings if the employee is otherwise unable to access the online trainings.

That the City of Berkeley notice also advise each employer of the SB 1343 requirement to post a poster, in a prominent and accessible location, on discrimination in employment which includes the illegality of sexual harassment. That the notice advise employers that they can secure posters through the California Civil Rights Department or through the City of Berkeley.

That the City of Berkeley notice advise each employer that SB 1343 also requires that a poster on transgender rights, available through the California Civil Rights Department, also be posted in a prominent and accessible location in the workplace.

That the City of Berkeley secure sufficient copies of the California Civil Rights Department posters on sexual harassment and transgender rights and make them available upon request to employers requesting them.

That the City of Berkeley notice advise employers that the City of Berkeley requires them to produce documentation to the City of having otherwise taken and provided the training to employees by submitting written certification that they have taken the training as well as providing written certification from each employee who has taken the training as required by SB 1343.

That written certification provided by employers and employees who have otherwise

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Consent Calendar
Tuesday, May 6, 2025 MINUTES Page 6
taken the training must include the date the employer and employee took the training as required by SB 1343; the location where the training was otherwise taken; the mode of the training (live or video); and the name, address, phone number and e- mail address of the qualified trainer, under SB 1343, who provided the training. Each certification must be signed.

That the City of Berkeley maintain an online database of employer and employee compliance with SB 1343 with all the data as stated above recorded on the data base.

That the City of Berkeley send out notices to employers and employees if they are out of compliance with the SB 1343 requirement of taking initial sexual harassment trainings or periodic trainings after they have completed the initial training.

That the SB 1343 online training, provided by the City of Berkeley, be available in all the languages that the California Civil Rights Department free online training provides, that being Chinese, English, Korean, Spanish, Tagalog and Vietnamese.

That the City Manager refer to the City Attorney to develop a procedure as to how employer non-compliance should be addressed.

That the City Manager report back to Council with a progress report of the implementation of this notice and enforcement procedure, under SB 1343, no later than the first Council meeting to be held in January, 2025 and continue to provide reports to Council until this procedure is fully implemented.

Financial Implications: See report
Contact: Peter Radu, City Manager's Office, (510) 981-7000 Action: See action for Item 8b.
8b. Companion Report: Notice, tracking and enforcement of California SB 1343 sexual harassment prevention training for Berkeley private, public and non- profit employers and employees
From: City Manager
Recommendation: Since the City is already implementing and meeting the Commission’s recommendations for City employees, and enforcement of this law for non-City businesses for 5 or more employees is covered by the State of California’s Civil Rights Department and not within the City’s jurisdiction to enforce, no action on the commission’s recommendation is recommended.

Financial Implications: None
Contact: David White, City Manager's Office, (510) 981-7000 Action: Approved recommendation in Item 8b.

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Action Calendar – Public Hearings
Tuesday, May 6, 2025 MINUTES Page 7

9. Modification and Adoption of Berkeley Fire Code Local Amendments From: City Manager
Recommendation: Conduct a public hearing, and upon conclusion, adopt the second reading of Ordinance No. 7,959-N.S. which proposes to amend certain portions of Section 19.48.020 of the Berkeley Municipal Code (“Amendments to the California Fire Code”).

First Reading Vote: All Ayes.

Financial Implications: Staff time
Contact: David Sprague, Fire, (510) 981-3473
Action: Second reading of Ordinance No. 7,959–N.S. is rescheduled to June 17, 2025 at the request of the City Manager.

10. ZAB Appeal: 1048 Keith Avenue, Use Permit ZP2024-0014 From: City Manager
Recommendation: Conduct a public hearing, and upon conclusion adopt a Resolution denying the appeal and affirming the Zoning Adjustment Board (ZAB) decision approving a Use Permit to demolish a 2,760 square-foot single-family dwelling, and construct a two-story (25 feet tall), 3,600 square-foot single-family dwelling. The project includes a reduction of the rear building setback from 20 feet to 15 feet, two unenclosed off-street parking spaces within the front setback, the construction of a trellis within the front setback, and the installation of a fence and retaining wall along the lot line.

Financial Implications: None
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Public Testimony: The Mayor opened the public hearing. 17 speakers.

M/S/C (Taplin/Tregub) to close the public hearing.

Vote: Ayes – Kesarwani, Taplin, Bartlett, Tregub, Blackaby, Lunaparra, Humbert, Ishii; Noes - None; Abstain - None; Recused – O’Keefe (member of ZAB when project was previously heard).

Action: M/S/C (Humbert/Kesarwani) to adopt Resolution No. 71,757–N.S. to adopt a Resolution denying the appeal and affirming the Zoning Adjustment Board (ZAB) decision approving a Use Permit to demolish a 2,760 square-foot single-family dwelling, and construct a two-story (25 feet tall), 3,600 square-foot single-family dwelling. The project includes a reduction of the rear building setback from 20 feet to 15 feet, two unenclosed off-street parking spaces within the front setback, the construction of a trellis within the front setback, and the installation of a fence and retaining wall along the lot line.

Vote: Ayes – Kesarwani, Taplin, Bartlett, Tregub, Lunaparra, Humbert, Ishii; Noes - Blackaby; Abstain - None; Recused – O’Keefe (member of ZAB when project was previously heard).

Public Comment – Items Not Listed on the Agenda - 4 speakers.

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Tuesday, May 6, 2025 MINUTES Page 8
Adjournment
Action: M/S/C (Blackaby/Kesarwani) to adjourn the meeting.

Vote: Ayes – Kesarwani, Taplin, Bartlett, Tregub, Blackaby, Lunaparra, Humbert, Ishii; Noes - None; Abstain - None; Absent – O’Keefe.

Adjourned at 8:05 p.m.

I hereby certify that the foregoing is a true and correct record of the regular meeting held on May 6, 2025.
________________________
Mark Numainville, City Clerk
Communications
Item #1: Adoption of CALFIRE Map and Additional Areas Designated as the City of Berkeley Fire Hazard Severity Zones

1. Michael
Item #6: Contract No. 32200042 Amendment: WCG, Inc. for Updates to the BESO Program’s Salesforce Software System

2. Isla Peters (9)

3. Isabella Almeida (9)
EMBER

4. Carl & Nancy Mampaey

5. Julia Bazar

6. Stanley Wulf

7. Nenelle Bunnin

8. Linda Press Wulf
Fire Prevention Proposal

9. Marcia Umland and Robert Higginbotham

10.Geoff Reinhard
Alternative Housing Options

11.Carol Franger

12.Fran Haselsteiner

13.Erwan Illian

14.Office of the Mayor

15.Michael Yohay

16.David Lerman

17.D Dorenz

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Tuesday, May 6, 2025 MINUTES Page 9

18.Brittany Yohay

19.Marian Macindoe

20.Sheila Press

21.Kathy

22.Andrew Pomerantz

23.Bryan Vale
Ohlone Park Concern

24.Holly Scheider

25.David Lerman

26.Carole Bennett-Simmons

27.Jennifer Kamenetz
Friends Annual Meeting

28.Cathy Brown
Berkeley Rides for Seniors

29.Larisa Cummings

30.Mukta Vie

31.Lynn Cooper

32.Julia Newton

33.Connie Arnold

34.Michai Freeman
Work Concerns

35.A Concerned Employee (2)
EHBO’s Affordable Housing

36.Sophia DeWitt
Trees

37.Maria Tello
Enforcement Officers

38.Karen Weil
Homeless Guest

39.Travis Melvin
Public Restroom

40.Mike Kim
Vendor Process Inquiry

41.Aladdin Awad
Police Oversight

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Tuesday, May 6, 2025 MINUTES Page 10

42.Nancy Lemon
Cooling Standards

43.Veena Nambiar (2)
Code Enforcement Concern

44.Willie Phillips
Willard Park

45.Pascale Fisher
Parking Concern

46.Shirley Kirsten

47.Sandra Sanchez
UC Berkeley Project

48.Tyler Lafayette
E-Scooters

49.Robert R. Byler
Nevada Cares Campus

50.John Craner
Bayer’s 2024 Development Agreement Annual Report

51.Jennifer Cogley
Middle East Conflict

52.Russbumper

53.George Griener

54.Parker Keyes
Forwards

55.Russbumper
Screenshots

56.Josh Atwood (2)

57.Tom Luce
URL’s

58.Russbumper (5)

59.Josh Atwood

60.Eids TV
Supplemental Communications and Reports 1

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Tuesday, May 6, 2025 MINUTES Page 11
Item #1: Adoption of CALFIRE Map and Additional Areas Designated as the City of Berkeley Fire Hazard Severity Zones
Item #9: Modification and Adoption of Berkeley Fire Code Local Amendments

61.Geoff Reinhard (3)

62.Richard Segol

63.Nenelle Bunnin (3)

64.Monica, Scott, and Sammy Smith

65.Stephanie-Dolores Henkle (3)

66.Sheldon Greene

67.Rachel Silvers

68.Ronald Krauss

69.Christine Rosen

70.Tasha Isolani (2)

71.Alex and Elena Blanter

72.Margaret Cullen

73.Harris Brody

74.Sharon Pincus

75.Rhonda Gruska

76.Dani Winston

77.Connie Field and Pierre Divenyi

78.Mary Lee Noonan

79.John Dresslar and Erika Wodinsky

80.Jordan Crane

81.Jane Terjung and Dr. William Naylor

82.Leah Hennick

83.Ashley Kozel

84.Anne Torney

85.Lisa Brunet

86.Deidre Duhan (2)

87.John Stenzel

88.Jan Knecht

89.David Johnson

90.Alistair Sinclair and Nataliya Libina

91.Mary-Louise Hansen

92.Kent Oberheu

93.Krista Denton (3)

94.Vojin G. Oklodzija

95.Rachel Penn

96.Michael Travis and Linda Skory

97.Andrea Zirman

98.Jeremy Rosenblatt

99.Matt Jacobs
100. Janice Thomas
101. Andrew Grant
102. Janice Dost
103. Regina DiMaggio (2)

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Tuesday, May 6, 2025 MINUTES Page 12
104. Mona Halaby
105. Tom Miller
106. Ronald Guy Corrie
107. Stephen and Susan Shimm (2)
108. Joan Lester
109. Phillip Yocum
110. Tom Francis (2)
111. Steve Tracy
112. Sylvie Sullivan
113. Gina Rieger
114. Norm Vance
115. Adrienne Cademenos
116. David Grewal and Daniela Cammack
117. John Ngai
118. Kim Marienthal
119. Katherine Hansen
120. C. and M. Sequin
121. David Scott
122. Elizabeth Ferguson
123. Ann Hoyer
124. Richard Hackenberg
125. Gail Machlis
126. Lynne Finley & Charles Taberski
127. Lynda Koolish
128. Lauren Parson
129. Rachael Goodhue
130. Laura Graham
131. Bruce Carter
132. Ethan Karp and Sue Lynn Thomas
133. George Perezvelez and Thomas Francis
134. Alex Mas
135. Mark Petrofsky
136. Susan and Paul Teicholz
137. Margaret Roos-Collins
138. June Hunt
139. Sandra Weber
140. Richard Laden
141. Michael Lonergan
142. Scott Murray
143. Pamela Montanaro
144. John Eric Bertko
145. Scott Seebass
146. Patricia Mapps
147. Darcy Hahn
148. Mary Heffron
149. James Beck

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Tuesday, May 6, 2025 MINUTES Page 13
150. Barbara Gilbert
151. Mike Obrien
152. Maria Sakovich
153. Cynthia Sue Larson (3)
154. Colin Arnold
155. Jessica Foreman
156. David Pickell and Colleen Lye
157. Les Girouard
158. Rita and Jack Trumbo
159. Dale Rose
160. Tamara Abrams (2)
161. Liwei Yang (2)
162. Arlene Taylor
163. Amrita Singhal and Michael Tubach
164. Gail McGuire
165. Miki Tal
166. Kathleen Fitzpatrick and Andrew Jervis
167. Julie Mazur-Denison
168. Nancy Coan Torres
169. Alina Larson
170. Jennifer Breckler
171. Claire Kahane
172. Cscawthorn
173. Jule Dalstrand
174. Pat Robak (2)
175. Melissa Hafez
176. John Grossberg
177. Nancy and Daniel Manheim
178. Paul Friedman
179. CV Deering
180. Ginger Parnes
181. Dale Friedman
182. Francine Ostrem
Item #6: Contract No. 32200042 Amendment: WCG, Inc. for Updates to the BESO 183. David Lerman (2)
Item #8a: Notice, tracking and enforcement of California SB 1343 sexual harassment prevention training for Berkeley private, public and non-profit employers and employees
184. Okeya Vance-Dozier on behalf of the Commission on the Status of Women Supplemental Communications and Reports 2
Item #1: Adoption of CALFIRE Map and Additional Areas Designated as the City of Berkeley Fire Hazard Severity Zones
Item #9: Modification and Adoption of Berkeley Fire Code Local Amendments

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Tuesday, May 6, 2025 MINUTES Page 14
185. Javad Mirabal
186. Zohra Kalinkowitz
187. Penny Barron
188. Pat Robak
189. Cindy Larson
190. David A. Sprague (3)
191. Jane Terjung
192. Ajith and Anoma Amerasekera
193. Geoff (3)
194. Richard Hiersch
195. Travis Longcore and John Harte
196. Cody Andresen
197. Laura Haertling
198. Larry Hyman
199. Nenelle Bunnin (2)
200. Nina Caculitan
201. Joan Kresich
202. Janice Thomas (2)
203. Jeffrey Heller
204. Jacquelyn D. Evans
205. Monica, Scott, and Sammy Smith
206. Simone Miller
207. Lisba Fowler
208. Maggie Owsley
209. David Lerman
210. Matthew and OEnone Youngblood
211. Craig Peterson
Item #3: Contract: Diablo Fire Safe Council for Home Hardening Donations 212. Shivaom
213. David Sprague
Item #8a: Notice, tracking and enforcement of California SB 1343 sexual harassment prevention training for Berkeley private, public and non-profit employers and employees
214. Carole Marasovic
Item #10: ZAB Appeal: 1048 Keith Avenue, Use Permit ZP2024-0014 215. Peter Weiler and Lisa Rose (2)
216. Dominic & Zoe Glynn
217. Daniel Winokur and Anne Richardson
218. Gautam Jagannath
219. Michael J. Mugglebee
220. Aaron Forrest & Yasmin Vobis
221. Joachim Kainz
Supplemental Communications and Reports 3

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Tuesday, May 6, 2025 MINUTES Page 15
Item #1 Adoption of CALFIRE Map and Additional Areas Designated as the City of Berkeley Fire Hazard Severity Zones
Item #9: Modification and Adoption of Berkeley Fire Code Local Amendments 222. Margaret Cullen (5)
223. Chief David Sprague (4)
224. Leslie Winkor (3)
225. Deb Morales (2)
226. Margaret Conkey
227. Mary Louise Zernicke
228. Jocelyn Sevilla
229. Colin Arnold (2)
230. Steve Tracy
231. Steve Taylor
232. Colleen Lye
233. Cindy Larson
234. Richard Hiersch
235. Nancy Gillette
236. Nadine Kreisberger
237. Barbara Freeman
238. David Forbes
239. Geoff
240. Leni Siegel
241. Evan Meyer
Item #7: Contract No. 117441-1 Amendment: Chrisp Company for Painting Red Curbs to Enhance Compliance with California’s Daylighting Law (Assembly Bill 413)
242. Ben Gerhardstein, on behalf of Walk Bike Berkeley
Item #10: ZAB Appeal: 1048 Keith Avenue, Use Permit ZP2024-0014 243. Presentation, submitted by Planning and Development Department 244. Lee Bridges
245. Will Harwood and Fang Xu
246. Leslie Winokur
247. Alyona Marenchuk
248. Gary Feiner
249. Matthew Feiner
250. Tony Quan and Alice Lee
251. Dan Haddick
252. Eric Scheie
253. Kajsa M. Minor

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Tuesday, May 13, 2025 MINUTES Page 1

B E R K E L E Y C I T Y C O U N C I L

S P E C I A L M E E T I N G M I N U T E S
TUESDAY, MAY 13, 2025
4:00 P.M.
2180 MILVIA STREET, BERKELEY, CA 94704 – REDWOOD ROOM
TELECONFERENCE LOCATION – 1619 EDITH STREET, BERKELEY, CA 94703

ADENA ISHII, MAYOR
Councilmembers:

To access the meeting remotely use this URL: https://cityofberkeley-info.zoomgov.com/j/1614066505. 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: 161 406 6505. To provide public comment, Press *9 and wait to be recognized by the Chair. To submit a written communication for the public record, email [email protected].

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.

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.

Attachment 4

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Tuesday, May 13, 2025 MINUTES Page 2
Preliminary Matters
Roll Call: 4:07 p.m.

Present: Kesarwani, Taplin, Tregub, O’Keefe, Blackaby, Lunaparra, Humbert, Ishii

Absent: Bartlett
Councilmember Bartlett present at 4:10 p.m.

Public Comment - Limited to items on this agenda only – 0 speakers CLOSED SESSION:

The City Council will convene in closed session to meet concerning the following:

1. CONFERENCE WITH LABOR NEGOTIATORS; GOVERNMENT CODE SECTION 54957.6 Negotiators: Paul Buddenhagen, City Manager, David White, Deputy City Manager, Sharon Friedrichsen, Budget Manager, Monica Walker, Interim Human Resources Director, Chaka Young, Employee Relations Manager
Employee Organizations: Berkeley Fire Fighters Association Local 1227 I.A.F.F., Berkeley Chief Fire Officers Association Local 1227 I.A.F.F., Berkeley Fire EMS Professionals Association, Berkeley Police Association; SEIU 1021 Community Services and Part-Time Recreation Activity Leaders, SEIU 1021 Maintenance and Clerical, IBEW Local 1245, Public Employee Union Local 1, Unrepresented Employees
Action: No reportable action taken.

2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTIONS 54956.8:

Property Address: 200 Marina Blvd., Berkeley CA
Agency Negotiators: Scott Ferris, Parks, Recreation & Waterfront; Christina Erickson, Parks, Recreation & Waterfront
Negotiating Parties: City of Berkeley and 200 Marina Blvd LLC (Double Tree) Property Owner: City of Berkeley
Under Negotiation: Lease Price and Terms
Action: No reportable action taken.

3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTIONS 54956.8:

Property Address: 235 University Avenue, Berkeley CA
Agency Negotiators: Scott Ferris, Parks, Recreation & Waterfront; Christina Erickson, Parks, Recreation & Waterfront
Negotiating Parties: City of Berkeley and Yoonaco (Hana Japan) Property Owner: City of Berkeley
Under Negotiation: Lease Price and Terms
Action: No reportable action taken.

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Tuesday, May 13, 2025 MINUTES Page 3

4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTIONS 54956.8:

Property Address: 199 Seawall Avenue, Berkeley CA Agency Negotiators: Scott Ferris, Parks, Recreation & Waterfront; Christina Erickson, Parks, Recreation & Waterfront
Negotiating Parties: City of Berkeley and TSA Holdings
Property Owner: City of Berkeley
Under Negotiation: Lease Price and Terms
Action: No reportable action taken.

5. CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION PURSUANT TO GOVERNMENT CODE SECTIONS 54956.9(a) and (d)(1):
a. Welch v. City of Berkeley, et al., Alameda County Superior Court Case No. 23CV048497 Action: No reportable action taken.
b. Leon v. City of Berkeley, et al., Alameda County Superior Court Case No. 24CV069677 Action: No reportable action taken.

OPEN SESSION:

No reportable action taken.

Adjournment
Action: M/S/C (Lunaparra/Bartlett) to adjourn the meeting.

Vote: All Ayes.

Adjourned at 6:17 p.m.

I hereby certify that the foregoing is a true and correct record of the closed session meeting held on May 13, 2025.
________________________
Mark Numainville, City Clerk

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Tuesday, May 20, 2025 MINUTES Page 1

M I N U T E S

S P E C I A L M E E T I N G O F T H E

B E R K E L E Y C I T Y C O U N C I L
Tuesday, May 20, 2025
4:30 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702 TELECONFERENCE LOCATION - 1027D BANCROFT WAY, BERKELEY CA 94710

ADENA ISHII, MAYOR
Councilmembers:

DISTRICT 1 – RASHI KESARWANI DISTRICT 5 – SHOSHANA O’KEEFE DISTRICT 2 – TERRY TAPLIN DISTRICT 6 – BRENT BLACKABY
DISTRICT 3 – BEN BARTLETT DISTRICT 7 – CECILIA LUNAPARRA DISTRICT 4 – IGOR TREGUB DISTRICT 8 – MARK HUMBERT
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/1615868875. 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: 161 586 8875.To provide public comment, Press *9 and wait to be recognized by the Chair. To submit a written communication for the public record, email [email protected].

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.

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.

Attachment 5

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Tuesday, May 20, 2025 MINUTES Page 2
Preliminary Matters
Roll Call: 4:36 p.m.

Present: Taplin, Tregub, O’Keefe, Lunaparra, Humbert, Ishii

Absent: Kesarwani, Bartlett, Blackaby
Councilmember Kesarwani present at 4:41 p.m.

Action Calendar – Public Hearings

1. Authorizing the Execution, Sale, and Delivery of Lease Revenue Notes for the Fire Administration and Training Project
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion adopt a Resolution authorizing the issuance and sale by the Berkeley Joint Powers Financing Authority of federally taxable Lease Revenue Notes in the aggregate principal amount of not to exceed $11,000,000 to provide financing for the construction of improvements to property used for fire administration and training, and approving related documents and actions.

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Public Testimony: The Mayor opened the public hearing. 0 speakers.

M/S/C (Tregub/Humbert) to close the public hearing.

Vote: Ayes – Kesarwani, Taplin, Tregub, O’Keefe, Lunaparra, Humbert, Ishii; Noes – None; Abstain – None; Absent – Bartlett, Blackaby.

Action: M/S/C (Tregub/Humbert) to adopt Resolution No. 71,758–N.S. authorizing the issuance and sale by the Berkeley Joint Powers Financing Authority of federally taxable Lease Revenue Notes in the aggregate principal amount of not to exceed $11,000,000 to provide financing for the construction of improvements to property used for fire administration and training, and approving related documents and actions.

Vote: Ayes – Kesarwani, Taplin, Tregub, O’Keefe, Lunaparra, Humbert, Ishii; Noes – None; Abstain – None; Absent – Bartlett, Blackaby.

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Action Calendar – New Business
Tuesday, May 20, 2025 MINUTES Page 3

2. Issuance of $35,000,000 General Obligation Bonds for Measure O – Affordable Housing
From: City Manager
Recommendation: Adopt a Resolution authorizing the issuance and sale of general obligation bonds to finance acquisition and improvement of affordable housing and authorizing actions related thereto.

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: 0 speakers. M/S/C (Tregub/Humbert) to adopt Resolution No. 71,759–N.S. authorizing the issuance and sale of general obligation bonds to finance acquisition and improvement of affordable housing and authorizing actions related thereto.

Vote: Ayes – Kesarwani, Taplin, Tregub, O’Keefe, Lunaparra, Humbert, Ishii; Noes – None; Abstain – None; Absent – Bartlett, Blackaby.

Adjournment
Action: M/S/C (Taplin/Humbert) to adjourn the meeting.

Vote: Ayes – Kesarwani, Taplin, Tregub, O’Keefe, Lunaparra, Humbert, Ishii; Noes – None; Abstain – None; Absent – Bartlett, Blackaby.

Adjourned at 5:17 p.m.

I hereby certify that the foregoing is a true and correct record of the special meeting held on May 20, 2025.
________________________
Mark Numainville, City Clerk
Communications
 None
Supplemental Communications and Reports 1
 None
Supplemental Communications and Reports 2
 None
Supplemental Communications and Reports 3
Item #1: Authorizing the Execution, Sale, and Delivery of Lease Revenue Notes for the Fire Administration and Training Project

1. Presentation, submitted by the Finance Department

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Tuesday, May 20, 2025 MINUTES Page 1

MINUTES

BERKELEY CITY COUNCIL MEETING
Tuesday, May 20, 2025
6:00 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702 TELECONFERENCE LOCATION - 1027D BANCROFT WAY, BERKELEY CA 94710

ADENA ISHII, MAYOR
Councilmembers:

DISTRICT 1 – RASHI KESARWANI DISTRICT 5 – SHOSHANA O’KEEFE DISTRICT 2 – TERRY TAPLIN DISTRICT 6 – BRENT BLACKABY
DISTRICT 3 – BEN BARTLETT DISTRICT 7 – CECILIA LUNAPARRA DISTRICT 4 – IGOR TREGUB DISTRICT 8 – MARK HUMBERT
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.

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.

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.

Attachment 6

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Preliminary Matters
Roll Call: 6:08 p.m.

Present: Kesarwani, Taplin, Tregub, O’Keefe, Blackaby, Lunaparra, Humbert, Ishii

Absent: Bartlett
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:

1. Recognition of Jewish American Heritage Month

2. Recognition of Affordable Housing Month

3. Recognition of Asian-American Pacific Islander Heritage Month

4. Adjourned in memory of Christina Murphy, City of Berkeley Employee and former Rent Board Commissioner
City Manager Comments:

The City Manager extended condolences to the family of Christina Murphy and noted her positive impact on the community as a City employee.

Public Comment on Non-Agenda Matters: 8 speakers.

Consent Calendar
Public Comment on Consent Calendar and Information Items Only: 20 speakers.

Action: M/S/C (Ishii/Tregub) to add an item to the agenda titled “Excused Absence for Councilmember Ben Bartlett” pursuant to Government Code Section (54954.2(b)(2).

Vote: Ayes – Kesarwani, Taplin, Tregub, O’Keefe, Blackaby, Lunaparra, Humbert, Ishii; Noes – None; Abstain – None; Absent – Bartlett.

Action: M/S/C (Tregub/Humbert) to adopt the Consent Calendar in one motion except as indicated.

Vote: Ayes – Kesarwani, Taplin, Tregub, O’Keefe, Blackaby, Lunaparra, Humbert, Ishii; Noes – None; Abstain – None; Absent – Bartlett.

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Consent Calendar
Tuesday, May 20, 2025 MINUTES Page 3
Urgent Item: Excused Absence for Councilmember Ben Bartlett From: Mayor Ishii (Author)
Recommendation: Excuse Councilmember Ben Bartlett from the May 20, 2025 council meeting as a result of a medical procedure connected to a medical illness/condition.

Financial Implications: None
Contact: Adena Ishii, Mayor, (510) 981-7100
Action: Approved recommendation.

1. Adding an additional qualifying skillset for appointment to Measure FF Safe Streets Citizen Oversight Committee (SSCOC); Amending Berkeley Municipal Code Section 7.11.040
From: Councilmember Blackaby (Author), Councilmember Tregub (Co- Sponsor), Mayor Ishii (Co-Sponsor)
Recommendation: Adopt second reading of Ordinance No. 7,960-N.S. approving an amendment to the Measure FF SAFE STREETS Citizen Oversight Committee (SSCOC) Resolution and Ordinance approved for establishment at the March 18, 2025 Council Meeting, to add an additional qualifying skillset for appointment: a background in ADA compliance and the accessible infrastructure challenges that seniors and disabled community members face.

First Reading Vote: Ayes – Kesarwani, Taplin, Bartlett, Tregub, Blackaby, Lunaparra, Humbert, Ishii; Noes – None; Abstain – None; Absent – O’Keefe.

Financial Implications: See report
Contact: Brent Blackaby, Councilmember, District 6, (510) 981-7160 Action: Adopted second reading of Ordinance No. 7,960–N.S.

2. Amendment: FY 2025 Annual Appropriations Ordinance
From: City Manager
Recommendation: Adopt the first reading of an Ordinance amending the FY 2025 Annual Appropriations Ordinance No. 7,940–N.S. for fiscal year 2025 based upon recommended re-appropriation of committed FY 2025 funding and other adjustments in the amount of $78,091,135 (gross) and $58,150,646 (net).

Financial Implications: See report
Contact: Sharon Friedrichsen, Budget Manager, (510) 981-7000 Action: Adopt first reading of Ordinance No. 7,961–N.S. with revisions in Supplemental Communications Packet #2 from City Manager’s Office to add $129,000 in the FEMA Fund (Fund 340) to pay for FEMA construction grant reimbursement requests; and to add $7,500,000 in the Fire Admin Training Fund (Fund 514) to pay for Headquarters Lease Bond Escrow account; with revised dollar amounts of $85,720,135 (gross) and $58,279,646 (net). Second reading scheduled for June 3, 2025.

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Consent Calendar
Tuesday, May 20, 2025 MINUTES Page 4

3. Minutes for Approval
From: City Manager
Recommendation: Approve the minutes for the Council meetings of April 14, 2025 (closed), April 15, 2025 (special and regular), April 22, 2025 (special), April 25, 2025 (special), April 28, 2025 (special) and April 29, 2025 (regular).

Financial Implications: None
Contact: Mark Numainville, City Clerk, (510) 981-6900
Action: Approved the minutes as submitted.

4. Contract Townsend Public Affairs, Inc. for Legislative and Funding Advocacy Strategy
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any necessary amendments with Townsend Public Affairs, Inc. for an ongoing tailored legislative and funding advocacy strategy from July 1, 2025, to June 30, 2027 for a total contract amount not to exceed $108,000.

Financial Implications: See report
Contact: David White, City Manager's Office, (510) 981-7000 Action: Adopted Resolution No. 71,760–N.S.

5. Appointment of Director of Human Resources
From: City Manager
Recommendation: Adopt a Resolution confirming the appointment of Janelle Rodrigues as the Director of Human Resources to be effective June 9, 2025, at an annual salary of $240,000.

Financial Implications: See report
Contact: David White, City Manager's Office, (510) 981-7000 Action: Adopted Resolution No. 71,761–N.S.

6. Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on May 20, 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
Action: Approved recommendation.

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Consent Calendar
Tuesday, May 20, 2025 MINUTES Page 5

7. Contract No: 32300104 Amendment: The Village of Love for Telegraph Neighborhood Sacred Rest Drop-In Center
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or his designee, to execute an amendment to Contract No. 32300104 with The Village of Love to add $250,000, for a total contract amount not to exceed $1,000,000, for services and operations at the Telegraph Neighborhood Sacred Rest Drop-In Center and extend the contract term through May 31, 2026.

Financial Implications: See report
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 71,762–N.S.

8. Funding Application: California Affordable Housing and Sustainable Communities Infrastructure in connection with the proposed North Berkeley BART Affordable Housing Project
From: City Manager
Recommendation: Adopt a Resolution: 1) Authorizing the City Manager to negotiate, enter into, and cause the City to perform its obligation under an agreement (including amendments) with East Bay Asian Local Development Consortium (EBALDC) and/or their affiliate relating to a funding application to the California Affordable Housing and Sustainable Communities (AHSC) program for project- related transportation and infrastructure improvements for the North Berkeley BART (NBB) EBALDC Affordable Housing Project at the North Berkeley BART Station Area, for a total AHSC award amount of up to $50 million. 2) Authorizing the City Manager to accept up to $5.4 million in state Affordable Housing and Sustainable Communities (AHSC) funds and complete selected transportation improvements if awarded.

Financial Implications: See report
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 71,763–N.S.

9. Revenue Grant Agreements: Funding Support from the State of California and Alameda County to Conduct Public Health Services
From: City Manager
Recommendation: Adopt two Resolutions authorizing the City Manager or designee to submit grant agreements to the California Department of Public Health (CDPH) and Alameda County, to accept the grants, and execute any resultant revenue agreements and amendments to conduct public health promotion, protection, and prevention services for the following two revenue agreements: (1) Tuberculosis (TB) Prevention and Control in the projected amount of $33,688 for Fiscal Year (FY) 2026 from CDPH. (2) Public Health Infrastructure Program in the projected amount of $32,080 for FY 2026 from Alameda County.

Financial Implications: See report
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 71,764–N.S. (Tuberculosis Prevention), and Resolution No. 71,765–N.S. (Public Health Infrastructure).

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Consent Calendar
Tuesday, May 20, 2025 MINUTES Page 6

10. Adopt a Resolution Establishing the Unrepresented Job Class Specification and Pay Scale of Fire Mechanic Lead
From: City Manager
Recommendation: Adopt a Resolution establishing the unrepresented job class specification and pay scale of Fire Mechanic Lead as outlined, with an hourly pay range of $51.0771 - $54.1740.

Financial Implications: See report
Contact: Monica Walker, Human Resources, (510) 981-6800 Action: Adopted Resolution No. 71,766–N.S.

11. Revise the Personnel Rules and Regulations to Add Section 9.02.1 Promotion – Salary Step Placement
From: City Manager
Recommendation: Adopt a Resolution revising the Personnel Rules and Regulations to add Section 9.02.1 Promotion – Salary Step Placement, which affords promotional placement on the step closest to the employee’s current earning rate that is at least 10% higher.

Financial Implications: See report
Contact: Monica Walker, Human Resources, (510) 981-6800 Action: Adopted Resolution No. 71,767–N.S.

12. Revise SEIU-MC MOU Section 17.13 Special Class Commercial Driver’s License Premium to Add 5% for Out-of-Class Lists
From: City Manager
Recommendation: Adopt a Resolution revising the Service Employees International Union (SEIU) Local 1021, Maintenance and Clerical (“Union”) Memorandum of Understanding Section 17.13 Special Class Commercial Driver’s License Premium to apply 5% differential to employees who maintain a Class A driver’s license and are approved to serve on out-of-class lists for Tractor Trailer Driver and Construction Equipment Operator.

Financial Implications: See report
Contact: Monica Walker, Human Resources, (510) 981-6800 Action: Adopted Resolution No. 71,768–N.S.

13. Revise Unrepresented Manual Section 13.19 to Add 5% Differential to Program Manager I Assigned to City Manager’s Office
From: City Manager
Recommendation: Adopt a Resolution amending the Unrepresented Employee Manual to add a 5% salary differential to Program Manager I positions assigned to the City Manager’s Office.

Financial Implications: See report
Contact: Monica Walker, Human Resources, (510) 981-6800 Action: Adopted Resolution No. 71,769–N.S.

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Consent Calendar
Tuesday, May 20, 2025 MINUTES Page 7

14. Contract Amendment No. 10789: AMS.NET for Network Hardware, Installation and Professional Support services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 10789 with AMS.NET, Inc. for network support of hardware, installation and professional services, for an additional $300,000 for a total not to exceed of $1,270,778.14 from July 1, 2017 to June 30, 2026.

Financial Implications: See report
Contact: Kevin Fong, Information Technology, (510) 981-6500 Action: Adopted Resolution No. 71,770–N.S.

15. Contract No. 084534-1 Amendment: NextGen Health Care Information Systems Inc. for Electronic Health Records
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 084534-1 with NextGen Healthcare Information Systems, Inc. (“NextGen”), increasing the amount by $191,136 for a total contract value not to exceed $1,010,472.20 and extending the term from September 30, 2010 through June 30, 2026.

Financial Implications: See report
Contact: Kevin Fong, Information Technology, (510) 981-6500 Action: Adopted Resolution No. 71,771–N.S.

16. Protiviti Government Services Inc (“Protiviti”): Using General Services Administration (“GSA”) Vehicle for Professional Services Purchase Orders From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to issue purchase orders with Protiviti for the procurement of professional services using the GSA purchasing vehicle no. GS-35F-0280X for an amount not to exceed $900,000 through June 30, 2026.

Financial Implications: See report
Contact: Kevin Fong, Information Technology, (510) 981-6500 Action: Adopted Resolution No. 71,772–N.S.

17. Purchase Order: Operation Pride for tennis programs and tournaments From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a purchase order and any amendments with Operation Pride to provide youth and adult tennis services and tournaments for a total amount not to exceed $150,000 through June 30, 2026.

Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 71,773–N.S.

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Tuesday, May 20, 2025 MINUTES Page 8

18. Purchase Order: Samuel Kidane dba Life Long Tennis Academy From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a purchase order and any amendments with Samuel Kidane dba Life Long Tennis Academy to provide youth and adult tennis services for the City of Berkeley for a total amount not to exceed $270,000 through June 20, 2026.

Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 71,774–N.S.

19. Contract No. 32400029 Amendment: Baldoni Construction Services, Inc. for Echo Lake Camp Accessibility Upgrades
From: City Manager
Recommendation: Adopt a Resolution increasing the not to exceed amount for Contract No. 32400029 with Baldoni Construction Service, Inc. for the Echo Lake Camp Accessibility Upgrades Project by $60,000 for an amended total not to exceed $616,953.

Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 71,775–N.S.

20. Contract No. 32400003 Amendment: Cooke & Associates Background Investigations
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract amendment with Cooke & Associates, a background investigation services provider for public safety personnel, to increase the contract amount by $280,000 to a total contract of $580,000 and extend the contract term for two additional years expiring on July 31, 2028. This amendment will allow the Berkeley Police Department (BPD) and Berkeley Fire Department (BFD) to continue utilizing Cooke & Associates for timely, thorough, and high-quality background investigations of candidates, and will provide the City Manager with the authority to spend funds as needed under the amended contract to support ongoing public safety hiring needs.

Financial Implications: See report
Contact: Jennifer Louis, Police, (510) 981-5900
Action: Adopted Resolution No. 71,776–N.S.

21. 2024 Police Equipment and Community Safety Ordinance Annual Report From: City Manager
Recommendation: Adopt a Resolution approving the 2024 Police Equipment and Community Safety Ordinance Annual Report.

Financial Implications: See report
Contact: Jennifer Louis, Police, (510) 981-5900
Action: Adopted Resolution No. 71,777–N.S.

Vote: Ayes – Kesarwani, Taplin, Tregub, O’Keefe, Blackaby, Humbert, Ishii; Noes – None; Abstain – Lunaparra; Absent – Bartlett.

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Tuesday, May 20, 2025 MINUTES Page 9

22. Contract: Shaw Integrated and Turf Solutions Inc., for Civic Center Building, Second Floor Carpet Replacement Project
From: City Manager
Recommendation: Adopt a Resolution: (1) Accepting the California Multiple Award Schedule (CMAS) bid procedures, pursuant to City Charter Article XI Section 67.2 requirements; (2) Approving the CMAS Contract with Shaw Integrated and Turf Solutions, Inc. for Carpet Replacements at the Civic Center Building located at 2180 Milvia; (3) Authorizing the City Manager to execute a contract and any amendments, extensions or other change orders until completion of the project in accordance with the terms and conditions of the agreements with Shaw Integrated and Turf Solutions, Inc. in an amount not to exceed $147,096, including a $13,372 contingency.

Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300
Action: Adopted Resolution No. 71,778–N.S.

23. Contract No. 081671-1 (8318C) Amendment: RouteSmart Technologies, Inc.

Software Maintenance
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 81671-1 (8318C) with RouteSmart Technologies Inc. to increase the contract by $25,000, for a total not to exceed amount of $235,743, to fund software license maintenance and support services, from June 30, 2025 through June 30, 2026.

Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300
Action: Adopted Resolution No. 71,779–N.S.

24. Declaration of Intent – Fiscal Year 2026 Street Lighting Assessments From: City Manager
Recommendation: Adopt two Resolutions granting the City Manager the authority to: (1) Approve the Engineer's Reports; (2) Set a public hearing to be held before the Council of the City of Berkeley at its June 17, 2025, meeting; and (3) Authorize the City Clerk to publish a Notice of the Public Hearing for Fiscal Year 2026 Levy of Assessments for Berkeley Street Lighting Assessment District No. 1982-1 and Street Lighting Assessment District 2018.

Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300
Action: Adopted Resolution No. 71,780–N.S. (District No. 1982-1) and Resolution No. 71,781–N.S. (District 2018).

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Tuesday, May 20, 2025 MINUTES Page 10

25. Authorization for City Manager to evaluate policies to accelerate building decarbonization
From: Environment and Climate Commission
Recommendation: Authorize the City Manager to evaluate and develop amendments to the 2025 Energy and CALGreen Codes and/or other ordinances to accelerate building decarbonization for Council consideration.

Financial Implications: None
Contact: Sarah Moore, Commission Secretary, (510) 981-7400 Action: Approved recommendation.

Council Consent Items

26. Letter in Support of California State Senate Bill 692 (Arreguín) Relating to Vehicles and Homelessness
From: Councilmember Taplin (Author), Councilmember Kesarwani, Councilmember Humbert (Co-Sponsor), Councilmember Blackaby (Co- Sponsor)
Recommendation: Adopt a letter in support of California State Senate Bill 692 (Arreguín), relating to vehicles and homelessness, and distribute copies to Governor Gavin Newsom, State Senator Jesse Arreguín, State Assemblymember Buffy Wicks, State Senate President Pro Tempore Mike McGuire, and State Assembly Speaker Robert Rivas.

Financial Implications: See report
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120 Action: Approved recommendation.

Vote: Ayes – Kesarwani, Taplin, Tregub, O’Keefe, Blackaby, Humbert, Ishii; Noes – None; Abstain – Lunaparra; Absent – Bartlett.

27. A resolution recognizing the Middle Eastern and North African (MENA) community and urging support for Assembly Bill 91 — the “MENA Inclusion Act” (Harabedian)
From: Councilmember Tregub (Author), Mayor Ishii (Co-Sponsor), Councilmember Bartlett (Co-Sponsor)
Recommendation: Adopt a Resolution in support of California Assembly Bill 91, the Middle Eastern and North African (MENA) Inclusion Act (Harabedian), to ensure accurate and equitable demographic data collection for MENA communities. This bill mandates the creation of distinct categories for MENA groups in official demographic data, starting on January 1, 2027.

Financial Implications: See report
Contact: Igor Tregub, Councilmember, District 4, (510) 981-7140 Action: Councilmember Blackaby added as a co-sponsor. Adopted Resolution No. 71,782–N.S.

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Council Consent Items
Tuesday, May 20, 2025 MINUTES Page 11

28. Relinquishment of Council Office Budget Funds from General Funds and Grant of Such Funds to the annual Asian Cultural Festival
From: Councilmember Tregub (Author), Mayor Ishii (Co-Sponsor), Councilmember Kesarwani (Co-Sponsor), Councilmember Lunaparra (Co- Sponsor)
Recommendation: Adopt a Resolution authorizing the expenditure of up to $500 per Mayor/Councilmember from their D13 Discretionary Accounts, including $500 from the Mayor and Councilmember Tregub, and contributions of $250 each from Councilmembers Kesarwani, and Lunaparra. Other Councilmembers are invited to contribute to support annual Asian Cultural Festival in an amount of up to $500.

Funds will be transferred to the City’s general fund and provided to the designated fiscal sponsor of the festival to ensure its successful production and community engagement.

The relinquishment of funds from the respective discretionary Council Office Budgets of such members of the Berkeley City Council who wish to contribute will support this impactful event, promoting cultural exchange, unity, and celebration of Berkeley’s rich Asian American communities
Financial Implications: See report
Contact: Igor Tregub, Councilmember, District 4, (510) 981-7140 Action: Adopted Resolution No. 71,783–N.S. revised to include contributions from the following Councilmembers up to the amounts listed: Councilmember Blackaby - $250; Councilmember Humbert - $250.

29. Alternative Housing Options for People Experiencing Homelessness (Reviewed by the Health, Life Enrichment, Equity & Community Committee) From: Councilmember O’Keefe (Author), Mayor Ishii (Co-Sponsors), Councilmember Blackaby (Co-Sponsors), Councilmember Lunaparra (Co- Sponsor)
Recommendation: Refer to the City Manager a request for staff to identify a list of potential locations of City-owned and private properties (to be leased or acquired) – for the purpose of establishing 24/7 staffed shelter sites, including but not limited to indoor/outdoor camping areas, safe RV and car park zones, and/or congregate or non-congregate shelters for people experiencing homelessness based on the model used at Grayson Street and other models deemed successful by the City Manager.

Further, refer to the City Manager to provide a report to the City Council that includes:
(1) Ongoing efforts to address homelessness and the mental health crisis within Berkeley’s jurisdiction, including the work of non-governmental organizations the City is relying upon and, where possible, the cost thereof. (2) A gap analysis between resources required by the City to fully address homelessness and its current financial position. (3) A feasibility and cost analysis of Berkeley’s ability to support additional shelter or services sites, including staffing and operational constraints. (4) A geographic equity assessment of where homeless services, shelters, and encampments have historically been and currently are located in Berkeley. (5) Opportunities to partner with Alameda County and other public agencies to utilize County, other governing jurisdictions, or state-owned land for temporary shelter and

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Council Consent Items
Tuesday, May 20, 2025 MINUTES Page 12
services outside of Berkeley’s most heavily impacted neighborhoods Moreover, refer to the City Manager to identify additional funding opportunities available through 2024 Measure W and affirm the City Council’s position that local jurisdictions such as Berkeley, that are heavily impacted by the housing and mental health crisis, should be considered for an equitable share and speedy receipt of 2024 Proposition 1 funding from Alameda County.

Refer to the City Manager to affirm that the City Council’s position is that, to the greatest extent possible, Measure W and other locally sourced funds should be used to support Berkeley-specific homelessness service needs.

Support the City Manager in collaborating with Alameda County and other neighboring jurisdictions to identify potential sites outside of Berkeley city limits that may be suitable and more cost-effective than sites within Berkeley.

Furthermore, affirm support for the following principles: 1. County resource investment in homelessness across the region should align proportionally with where homelessness is most prevalent and ensure support achieves racially equitable outcomes; 2. The use of Measure W and other funding for homelessness guided by Home Together 2030 Plan should be a local decision, with cities deciding how to divvy up investment between prevention, interim, and permanent housing; 3. Local priority for referrals into interim and permanent solutions – including everything from safe parking to shelter to permanent supportive housing and Homekey projects – should be commensurate with the level of funding provided; 4. Sustaining nonprofit capacity: (a) The homelessness response system relies heavily on nonprofit partners, many of whom face challenges in retaining staff due to funding constraints, salary limitations, and administrative burdens. (b)Measure W funding presents an opportunity to support not just direct services but also nonprofit infrastructure, helping organizations improve long-term sustainability. (c) Considerations include ensuring competitive wages, investing in staff retention strategies, and providing operational support. (d) Bonus funding consideration could be given to organizations that prioritize workforce sustainability through: (i) Competitive salaries and benefits for frontline staff; (ii)Efforts to retain high-preforming, low-turnover teams; (iii) Investments in administrative capacity that enhance service quality and long-term viability
Policy Committee Recommendation:

Send item to Council with a qualified positive recommendation which include the following proposed amendments:

Refer to the City Manager a request for staff to identify a list of potential locations of City properties and private properties (to be leased or acquired) – for the purpose of establishing 24/7 staffed shelter sites, including but not limited to indoor/outdoor camping areas, safe RV and car park zones, and/or congregate or non-congregate shelters for people experiencing homelessness based on the model used at Grayson Street and other models deemed by the City Manager to be successful.

Further, direct the City Manager to provide a report to the City Council of ongoing efforts to address the homelessness and mental health crisis within Berkeley's jurisdiction, including efforts by non-governmental organizations the city is relying upon, where possible, including the costs thereof, and a gap analysis between the resources required by the City to fully address homelessness and its current financial

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position.

As part of this report, direct the City Manager:
1) Conduct a feasibility and cost analysis of Berkeley’s ability to support additional shelter or service sites, including staffing and operational constraints 2) Include a geographic equity assessment of where homeless services, shelters, and encampments have historically and currently been located in Berkeley; 3) Identify opportunities to partner with Alameda County and other public agencies to utilize County, other governing jurisdictions – or state-owned land for temporary shelter and services outside of Berkeley’s most heavily impacted neighborhoods Direct the City Manager to identify any additional funding opportunities available through 2024 Measure W and affirm the City Council's position that local jurisdictions such as Berkeley that are heavily impacted by the housing and mental health crisis should be considered for an equitable share and speedy receipt of 2024 Proposition 1 funding from Alameda County. Further, direct the City Manager to affirm that the City Council’s position is that, to the extent possible, Measure W and any other locally sourced funds should be used to support Berkeley-specific homelessness services needs.

Further, affirm support for the following principles:

1. County resource investment in homelessness across the region should be commensurate with where homelessness occurs and targeted for racially equitable outcomes

2. Measure W and other funding for homelessness guided by Home Together 2030:

Should be a Local City decision on the split between prevention, interim, and permanent housing

3. Local (City level) priority for referrals into interim and permanent solutions (including everything from safe parking to shelter to permanent supportive housing/HomeKey projects), commensurate with local funding.

4. Sustaining Nonprofit Capacity
 The homelessness response system relies heavily on nonprofit partners, many of whom face challenges in retaining staff due to funding constraints, salary limitations, and administrative burdens.
 Measure W funding presents an opportunity to support not just direct services but also nonprofit infrastructure, helping organizations improve long-term sustainability.
 Considerations include ensuring competitive wages, investing in staff retention strategies, and providing operational support.
 Bonus funding consideration could be given to organizations that prioritize workforce sustainability through:
 Competitive salaries and benefits for frontline staff.  Efforts to retain high-performing, low-turnover teams.  Investments in administrative capacity that enhance service quality and long-term viability.

Financial Implications: See report

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Tuesday, May 20, 2025 MINUTES Page 14
Contact: Shoshana O’Keefe, Councilmember, District 5, (510) 981-7100 Action: Approved recommendation as recommended by the Health, Life Enrichment, Equity & Community Committee with the addition to request that the City Manager send a letter to the Alameda County Board of Supervisors communicating the Council’s principles outlined above.

Action Calendar – Public Hearings

30. FY 2026 Proposed Mid-Biennial Budget Update and Public Hearing #1 From: City Manager
Recommendation: Receive the FY 2026 Proposed Mid-Biennial Budget Update and conduct Public Hearing #1 on the FY 2026 Proposed Mid-Biennial Budget Update.

Financial Implications: See report
Contact: Sharon Friedrichsen, Budget Manager, (510) 981-7000 Public Testimony: The Mayor opened the public hearing. 25 speakers.

M/S/C (Tregub/Blackaby) to close the public hearing.

Vote: Ayes – Kesarwani, Taplin, Tregub, O’Keefe, Blackaby, Lunaparra, Humbert, Ishii; Noes – None; Abstain – None; Absent – Bartlett.

Action: M/S/C (Taplin/Tregub) to suspend the rules and extend the meeting to 12:00 a.m.

Vote: Ayes – Kesarwani, Taplin, Tregub, O’Keefe, Blackaby, Lunaparra, Humbert, Ishii; Noes – None; Abstain – None; Absent – Bartlett.

Action: M/S/C (Ishii/Kesarwani) to 1) receive the Budget Update from the City Manager, and 2) request that the City Manager work with Charter Officers to develop a plan for a hiring freeze and vacant positions.

Vote: Ayes – Kesarwani, Taplin, Tregub, O’Keefe, Blackaby, Lunaparra, Humbert, Ishii; Noes – None; Abstain – None; Absent – Bartlett.

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Action Calendar – Public Hearings
Tuesday, May 20, 2025 MINUTES Page 15

31. LPC Appeal: 2500-2512 San Pablo Avenue, Landmark Application #LMIN2024- 0004
From: City Manager
Recommendation: Conduct a public hearing, and upon conclusion, adopt a Resolution affirming the Landmarks Preservation Commission (LPC) decision to designate 2500-2512 San Pablo Avenue (APN: 054-1780-004-12) a City of Berkeley Landmark, and dismiss the appeal.

Financial Implications: See report
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Public Testimony: The Mayor opened the public hearing. 2 speakers.

M/S/C (Humbert/Lunaparra) to close the public hearing.

Vote: Ayes – Kesarwani, Taplin, Tregub, O’Keefe, Blackaby, Lunaparra, Humbert, Ishii; Noes – None; Abstain – None; Absent – Bartlett.

Action: M/S/C (Tregub/Humbert) to adopt Resolution No. 71,784–N.S. affirming the Landmarks Preservation Commission (LPC) decision to designate 2500-2512 San Pablo Avenue (APN: 054-1780-004-12) a City of Berkeley Landmark, and dismiss the appeal with the amendment to remove from the list of features to be preserved bullet #2 regarding one-story massing, and modify bullet #5 to remove all instances of the words “storefront” and “storefronts.”
Vote: Ayes – Kesarwani, Taplin, Tregub, O’Keefe, Blackaby, Lunaparra, Humbert, Ishii; Noes – None; Abstain – None; Absent – Bartlett.

32. Appointment of Four Berkeley Residents to the SAFE STREETS Citizen Oversight Committee
From: City Manager
Recommendation: Adopt a Resolution confirming the appointments of up to four Berkeley residents to the SAFE STREETS Citizen Oversight Committee (SSCOC), to be appointed by the City Council as a whole.

Financial Implications: See report
Contact: Mark Numainville, City Clerk, (510) 981-6900
Action: M/S/Failed (Tregub/O’Keefe) to appoint Rena Fischer, Zachary Fraser, Douglas Legg, Susi Marzuola, and Stephanie Allan (Alternate) to the SAFE STREETS Citizen Oversight Committee.

Vote: Ayes – Tregub, O’Keefe; Noes – None; Abstain – Kesarwani, Taplin, Blackaby, Lunaparra, Humbert, Ishii; Absent – Bartlett.

Action: 2 speakers. M/S/Carried (Ishii/Lunaparra) to adopt Resolution No. 71,785– N.S. to appoint Rena Fischer, Ben Gerhardstein, Sybil Hatch, Douglas Legg, and Zachary Fraser (Alternate) to the SAFE STREETS Citizen Oversight Committee.

Vote: Ayes – Kesarwani, Taplin, Tregub, O’Keefe, Blackaby, Lunaparra, Humbert, Ishii; Noes – None; Abstain – None; Absent – Bartlett.

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Tuesday, May 20, 2025 MINUTES Page 16
Public Comment – Items Not Listed on the Agenda - 0 speakers.

Adjournment
Action: M/S/C (Taplin/Lunaparra) to adjourn the meeting.

Vote: Ayes – Kesarwani, Taplin, Tregub, O’Keefe, Blackaby, Lunaparra, Humbert, Ishii; Noes – None; Abstain – None; Absent – Bartlett.

Adjourned at 11:35 p.m.

I hereby certify that the foregoing is a true and correct record of the regular meeting held on May 20, 2025.
________________________
Mark Numainville, City Clerk
Communications
Item #21: 2024 Police Equipment and Community Safety Ordinance Annual Report

1. Hansel Aguilar on behalf of the Police Accountability Board

2. Jennifer Louis

3. Margaret A. Baker

4. John Lindsay-Poland
Item #29: Alternative Housing Options for People Experiencing Homelessness (Reviewed by the Health, Life Enrichment, Equity & Community Committee)

5. Kate Pocrass

6. Aimee Baldwin (2)

7. Cris Benton

8. Grant Damron

9. Pamela Michaud

10.Stacey Hara

11.Jack Anderson

12.Namita Gupta

13.Fran Haselsteiner

14.Patricia Brooks

15.Catherine Jenkins

16.Amber Richardson

17.Tamar J.

18.Kelley Kahn
Ashby BART

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Tuesday, May 20, 2025 MINUTES Page 17

19.Peter Minor

20.Charlotte Daniels

21.2076 Ashby Residences

22.Sotirios Vlavianos

23.Peter Magganas
Encampments

24.Halima Franklin (2)
Ohlone Park

25.Cynthia Harbaugh

26.Adam Leive

27.Daniel Jurnove

28.Roberta Focht

29.Lynn Jehle

30.Sasha Futran

31.Carlton and Alma

32.Tracy Thompson

33.Fred Schlachter

34.Patricia Itamoto

35.Julia Boekelheide

36.Dominique Ayako Baillet

37.Tamara Birdsall

38.Laura Garcia-Moreno

39.David Lerman (3)

40.Will Masterson

41.Karthik Gopalan

42.Erika Shore (2)

43.Diane Ross-Leech and Family

44.Isaac Nicholson

45.Elisabeth Goldstein

46.Nancy S. Rothschild

47.Stefany Reich-Silber

48.Diana Jensen

49.Wei-Bing Chen
Rides for Seniors

50.Kathi Pugh

51.Gerald Lenoir

52.Bonnie Lewkowicz

53.Darlene Bronson on behalf of the Commission on Aging Missing Middle

54.Zelda Bronstein (3)

55.Councilmember Rashi Kesarwani

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Tuesday, May 20, 2025 MINUTES Page 18
2nd Street Encampments

56.David White

57.Councilmember Rashi Kesarwani

58.Councilmember Mark Humbert

59.Councilmember Igor Tregub

60.Councilmember Terry Taplin
E-Scooters

61.Robert Borghese (4)
Public Restroom Proposal

62.James Chang

63.Mike Kim
Bateman Mall Park

64.Yula Paluy
Bikeway Intersection Control

65.Meryl Siegal
Food Fest Invitation

66.Dr. Ramesh Konda on behalf of the Association of Indo Americans Infill Housing

67.Constance Rivemale
Security Incidents

68.Dixon Brooke
UA Theater

69.Melanie Lawrence & John Smail

70.Pamela Zelnik

71.Anne Herrick
Housing Concerns

72.Patricia Kipnis

73.Lynn Winsten

74.Jonnyruel Holder
Treatment of Herbivorous Animals

75.Rsw (2)
Elevator Outrage

76.Tony Schmiesing

77.Aryne Bailey

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Tuesday, May 20, 2025 MINUTES Page 19
Workshop

78.Joel A. Biatch
Crime Concerns

79.Fran Haselsteiner
ABSC Concern

80.Abby Thorne-Lyman
Drop-off Mailboxes

81.Hali Hammer
Deliberative Democracy

82.Phil Allen
Free Speech

83.Sheila Jordan
Specialized Care Unit

84.Barbara Gilbert
Work Concerns

85.Pgcountymd63 (2)
Hopkins/McGee

86.Shirley Kirsten

87.Sandra Sanchez
Edward Way

88.Helen Hogg
Home Alterations

89.Marian and Desmond Simpson
BUSD Investment Policies

90.Cielo Rios
Budget Concerns

91.Rachel Bradley

92.Ben Buettner
Arbor Day

93.Mary-Louise Hansen
Effects of Cement

94.Cecelia Mautner

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Tuesday, May 20, 2025 MINUTES Page 20
Street Access

95.Nenelle Bunnin
Homeless Housing

96.Aimee Baldwin

97.John Vinopal
More Types of Homes

98.Lee Bishop
Habitability for Berkeley Residents

99.Veena Nambiar
Public Facilities Concern
100. 2,084 Similarly worded form letters
Middle East Conflict
101. Chris Gilbert
102. Alicia Dattner
103. Barbara Erickson
104. Nicoletta Karam (4)
105. Barbara Romanowicz
106. Rachel Gita Schiff
107. Sophie Sawyer
108. Iris Gold
109. Gael Alcock
110. Russbumper
111. Camille watts-Zagha
112. Marc Sapir (2)
113. Allen Mayer
114. Dr. Roman Kazinnik and Dr. Sophia Kazinnik
115. Deborah Goldeen
116. Russbumper
Letter
117. Eid’s TV and Electronics
Screenshots
118. Josh Atwood (2)
Forwards
119. Josh Atwood
120. Daveed Mandell (3)
121. David Lerman
122. Eid’s TV

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Tuesday, May 20, 2025 MINUTES Page 21
URL’s
123. Inetjalopy
124. Josh Atwood (4)
125. Russbumper (7)
126. Madeleine Shearer
127. Lavell Young
128. Barryett Enge
Supplemental Communications and Reports 1
Item #21: 2024 Police Equipment and Community Safety Ordinance Annual Report 129. Hansel Alejandro Aguilar on behalf of the Police Accountability Board (2) Item #22: Contract: Shaw Integrated and Turf Solutions Inc., for Civic Center Building, Second Floor Carpet Replacement Project
130. David Freeling
Item #26: Letter in Support of California State Senate Bill 692 (Arreguín) Relating to Vehicles and Homelessness
131. Meryl & Aimee on behalf of Beautiful San Pablo
132. Phil Allen
Supplemental Communications and Reports 2
Item #2: Amendment: FY 2025 Annual Appropriations Ordinance 133. Revised material submitted by City Manager’s Office Item #7: Contract No: 32300104 Amendment: The Village of Love for Telegraph Neighborhood Sacred Rest Drop-In Center
134. Alex Knox
Item #21: 2024 Police Equipment and Community Safety Ordinance Annual Report
135. Gregory Kalkanis
136. Elana Auerbach
Item #29: Alternative Housing Options for People Experiencing Homelessness (Reviewed by the Health, Life Enrichment, Equity & Community Committee) 137. John Craner on behalf of Berkeley Alliance of Business Organizations, Berkeley Chamber, Downtown Berkeley Association, Gilman District Coordinating Committee, North Shattuck Association, Rebuilding Together East Bay Network, Telegraph Business Improvement District, University Avenue Association, Upper Solano Organizing Committee, and West Berkeley Design Loop
138. Diana Bohn
139. Aimee Baldwin and Meryl Siegal, on behalf of Beautiful San Pablo Item #30: FY 2026 Proposed Mid-Biennial Budget Update and Public Hearing #1 140. Supplemental material submitted by City Manager’s Office 141. Jasmine Sozi

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Tuesday, May 20, 2025 MINUTES Page 22
Item #32: Appointment of Four Berkeley Residents to the SAFE STREETS Citizen Oversight Committee
142. Supplemental material submitted by City Clerk Department 143. Kristi Holmes
144. Henry Siegel and Kyra Subbotin
145. Andrea Traber
146. Michael Boland
Supplemental Communications and Reports 3
Item #1: Adding an additional qualifying skillset for appointment to Measure FF Safe Streets Citizen Oversight Committee (SSCOC); Amending Berkeley Municipal Code Section 7.11.040
147. Helen Walsh
Item #29: Alternative Housing Options for People Experiencing Homelessness 148. Helen Walsh
149. Larry Strain
150. Maryann OSullivan
Item #30: FY 2026 Proposed Mid-Biennial Budget Update and Public Hearing #1 151. Presentation, submitted by the Budget Office
152. Erik Ferry
153. Regina Mouton
154. Jocelyn Zorn
155. Fran Haselsteiner
156. Geoff Lomax (2)
157. Henry Oyekanmi
Item #31: LPC Appeal: 2500-2512 San Pablo Avenue, Landmark Application #LMIN2024-0004
158. Presentation, submitted by the Planning & Development Department Urgent Item: Excused Absence for Councilmember Ben Bartlett 159. Submitted by Mayor Ishii

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Wednesday, May 21, 2025 MINUTES Page 1

B E R K E L E Y C I T Y C O U N C I L

S P E C I A L M E E T I N G M I N U T E S
WEDNESDAY, MAY 21, 2025
4:00 P.M.
2180 MILVIA STREET, BERKELEY, CA 94704
TELECONFERENCE LOCATION - 1619 EDITH STREET, BERKELEY, CA 94703

ADENA ISHII, MAYOR
Councilmembers:

To access the meeting remotely use this URL: https://cityofberkeley-info.zoomgov.com/j/1609500004. 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: 160 950 0004. To provide public comment, Press *9 and wait to be recognized by the Chair. To submit a written communication for the public record, email [email protected].

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.

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.

Attachment 7

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Wednesday, May 21, 2025 MINUTES Page 2
Preliminary Matters
Roll Call: 4:06 p.m.

Present: Taplin, Tregub, O’Keefe, Blackaby, Lunaparra, Humbert, Ishii

Absent: Kesarwani, Bartlett
Councilmember Kesarwani present at 4:11 p.m.

Public Comment - Limited to items on this agenda only – 1 speaker CLOSED SESSION:

The City Council will convene in closed session to meet concerning the following:

1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTIONS 54956.9(a) and (d)(1):
a. Berkeley Homeless Union, et al. v. City of Berkeley, et al., 4:25-cv-01414-HSG Action: No reportable action taken.

OPEN SESSION:

No reportable action taken.

Adjournment
Action: M/S/C (Tregub/Lunaparra) to adjourn the meeting.

Vote: Ayes – Kesarwani, Taplin, Tregub, Blackaby, Lunaparra, Humbert, Ishii; Noes – None; Abstain - None; Absent – Bartlett, O’Keefe.

Adjourned at 5:31 p.m.

I hereby certify that the foregoing is a true and correct record of the closed session meeting held on May 21, 2025.
_________________________
Mark Numainville, City Clerk

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Tuesday, May 27, 2025 MINUTES Page 1

B E R K E L E Y C I T Y C O U N C I L

S P E C I A L M E E T I N G M I N U T E S
TUESDAY, MAY 27, 2025
4:00 P.M.
2180 MILVIA STREET, BERKELEY, CA 94704 – REDWOOD ROOM
TELECONFERENCE LOCATION – 1619 EDITH STREET, BERKELEY, CA 94703

ADENA ISHII, MAYOR
Councilmembers:

To access the meeting remotely use this URL: https://cityofberkeley-info.zoomgov.com/j/1617346096 . 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: 161 734 6096. To provide public comment, Press *9 and wait to be recognized by the Chair. To submit a written communication for the public record, email [email protected].

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.

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.

Attachment 8

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Tuesday, May 27, 2025 MINUTES Page 2
Preliminary Matters
Roll Call: 4:03 p.m.

Present: Kesarwani, Tregub, Blackaby, Lunaparra, Humbert, Ishii

Absent: Taplin, Bartlett, O’Keefe
Councilmember O’Keefe present at 4:05 p.m.

Councilmember Taplin present at 4:42 p.m.

Public Comment - Limited to items on this agenda only – 0 speakers CLOSED SESSION:

The City Council will convene in closed session to meet concerning the following:

1. CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(1):
a. Service Employees International Union, Local 1021 v. City of Berkeley, PERB Case No.

SF-CE-1965-M
Action: Item removed from the agenda. No action taken.

2. CONFERENCE WITH LABOR NEGOTIATORS; GOVERNMENT CODE SECTION 54957.6 Negotiators: Paul Buddenhagen, City Manager, David White, Deputy City Manager, Sharon Friedrichsen, Budget Manager, Monica Walker, Interim Human Resources Director, Chaka Young, Employee Relations Manager
Employee Organizations: Berkeley Fire Fighters Association Local 1227 I.A.F.F., Berkeley Chief Fire Officers Association Local 1227 I.A.F.F., Berkeley Fire EMS Professionals Association, Berkeley Police Association; SEIU 1021 Community Services and Part-Time Recreation Activity Leaders, SEIU 1021 Maintenance and Clerical, IBEW Local 1245, Public Employee Union Local 1, Unrepresented Employees.

Action: No reportable action taken.

3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION PURSUANT TO GOVERNMENT CODE SECTION 54957(b):

a. Title of position to be evaluated: City Manager
b. Title of position to be evaluated: City Attorney
c. Title of position to be evaluated: Director of Police Accountability Action: M/S/C (O’Keefe/Taplin) to create an ad hoc committee comprised of Mayor Ishii, Councilmember Humbert, and Councilmember Lunaparra to oversee the evaluation process of the non-elected Charter Officers: City Manager, City Attorney, Director of Police Accountability.

Vote: Ayes – Tregub, O’Keefe, Blackaby, Lunaparra, Humbert, Ishii; Noes - None; Abstain - None; Absent – Kesarwani, Bartlett.

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Tuesday, May 27, 2025 MINUTES Page 3

4. CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION PURSUANT TO GOVERNMENT CODE SECTIONS 54956.9(a) and (d)(1):
a. RealPage, Inc. v. City of Berkeley, et al., No. 3:25-CV-03004-JSC (N.D. Cal.) Action: No reportable action taken.

OPEN SESSION:

The City Council met in closed session on May 27, 2025 and voted to create an ad hoc committee comprised of Mayor Ishii, Councilmember Humbert, and Councilmember Lunaparra to oversee the evaluation process of the non-elected Charter Officers: City Manager, City Attorney, Director of Police Accountability.

Adjournment
Action: M/S/C (Blackaby/Tregub) to adjourn the meeting.

Vote: Ayes – Tregub, O’Keefe, Blackaby, Lunaparra, Humbert, Ishii; Noes - None; Abstain - None; Absent – Kesarwani, Bartlett.

Adjourned at 5:27 p.m.

I hereby certify that the foregoing is a true and correct record of the closed session meeting held on May 27, 2025.
________________________
Mark Numainville, City Clerk

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Office of the City Manager

CONSENT CALENDAR
June 24, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Peter Radu, Assistant to the City Manager Subject: Recommendations for County Measure W Funding

RECOMMENDATION
Send a letter to the Alameda County Board of Supervisors outlining the City Council’s priorities for initial rounds of funding from Measure W, a half-cent sales tax increase passed by Alameda County voters in November 2020.

FISCAL IMPACTS OF RECOMMENDATION
There are no costs associated with adopting this recommendation. However, the letter outlines a specified array of Berkeley homelessness and supportive housing programs that will require millions of dollars in County general fund (Measure W funding).

CURRENT SITUATION AND ITS EFFECTS
This report responds in part to the City Council’s referral from May 20, 2025, directing the City Manager as follows:

1. Direct the City Manager to identify any additional funding opportunities available through 2024 Measure W and affirm the City Council's position that local jurisdictions such as Berkeley that are heavily impacted by the housing and mental health crisis should be considered for an equitable share and speedy receipt of 2024 Proposition 1 funding from Alameda County.

2. Further, direct the City Manager to affirm that the City Council’s position is that, to the extent possible, Measure W and any other locally sourced funds should be used to support Berkeley-specific homelessness services needs.

Staff are currently compiling recommendations for programs and opportunities to include in a letter to be submitted to the Alameda County Board of Supervisors.

Because City staff only recently became aware that the Alameda County Board of Supervisors will be discussing Measure W resource allocations at its meeting scheduled for July 8, 2025, a proposed letter for the Board of Supervisors is still being developed.

The letter will be made available to the City Council as a supplemental item leading up to the June 24, 2025 City Council meeting. Once adopted by the City Council, the letter

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Recommendations for County Measure W funding CONSENT CALENDAR June 24, 2025

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will be promptly submitted to the County and serve as a framework to advocate for Measure W resources that are needed to address homelessness in our community.

BACKGROUND
In November 2020, Alameda County voters approved Measure W, a half-cent general fund sales tax increase. The Measure was tied up in litigation for several years but in April, 2025 this litigation was resolved. In anticipation of this resolution, on December 12, 2024, the Alameda County Board of Supervisors approved a plan to spend an initial $390 million in Measure W funds on a variety of efforts to support homelessness.

On May 20, 2025, the City Council approved a referral to the City Manager as follows:

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no environmental impacts associated with this report or recommendation.

RATIONALE FOR RECOMMENDATION
The items recommended for funding in this report are largely based on recommendations from the formal gaps and needs analysis performed by city staff and presented to the City Council on July 9, 2024.1 This report provided recommendations to guide future funding opportunities, specifically that the City should prioritize:
 Accelerating the transition to non-congregate shelter  Funding permanent supportive housing
 Investing in targeted homelessness prevention

ALTERNATIVE ACTIONS CONSIDERED
None.
1 See: https://berkeleyca.gov/sites/default/files/documents/2024-07- 09%20Item%2016%20Referral%20Response%20%20Gap%20Analysis%20of%20Berkeley%E2%80%99 s%20Homelessness.pdf and
https://berkeleyca.gov/sites/default/files/documents/Revised%20Agenda%20Material%20- %20Item%2016.pdf

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Recommendations for County Measure W funding CONSENT CALENDAR June 24, 2025

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CONTACT PERSON
Peter Radu, Assistant to the City Manager, 510 981-7045 Attachments:
1: Letter to Alameda County Board of Supervisors

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Agenda Item
Attachment

This attachment will be provided to the City Council and the public prior to the meeting (including posting to the city website) in accordance with the requirements for
revised and supplemental materials in the Open
Government Ordinance.

City Clerk Department
2180 Milvia Street
Berkeley, CA 94704
(510) 981-6900

The City of Berkeley, City Council’s Web site:
http://berkeleyca.gov

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Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: https://berkeleyca.gov/

CONSENT CALENDAR
June 24, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Eleanor Hollander, Economic Development Manager Subject: Contract: Cultural Planning Group, LLC for a Plan for a Resilient Arts & Culture Sector in Berkeley

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute a contract and any necessary amendments with Cultural Planning Group, LLC for an amount not to exceed $149,980 for the development of a comprehensive plan to support and maintain a Resilient Arts & Culture Sector in Berkeley. The term of the contract will be 18 months.

FISCAL IMPACTS OF RECOMMENDATION
The $149,980 contract will be funded by the General Fund (011) with resources designated for this purpose in the First Amendment to the FY 2025 Annual Appropriations Ordinance approved by Ordinance No. 7,940-N.S. (November 19, 2024).

Funds for this contract are budgeted in code 011-21-208-252-0000-000-446-612990.

CURRENT SITUATION AND ITS EFFECTS
Cultural Planning Group, LLC was selected through a competitive Request for Proposals (RFP) process to “develop a multi-year comprehensive plan to support and maintain a resilient arts and culture sector in Berkeley” (Specification Number 25- 11701-C). The selected consultant has demonstrated a record of success in providing informed financial strategic planning services, engaging diverse groups of stakeholders, and creating accessible reports for organizations and municipalities. The contract scope of work includes the following four deliverables:

1. Devise Project plan, complete stakeholder engagement, and craft a summary of past City of Berkeley arts-related policies and investments, documenting existing conditions.

2. Analyze City policies and existing arts funding; place this work in the context of national benchmarking and a survey of best practices; and develop a financial report and analysis of the current conditions in Berkeley’s nonprofit arts and cultural sector.

3. Model financial and policy options to bolster the future financial health of Berkeley’s arts and cultural sector, including proposed funding pathway for the

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Contract: Cultural Planning Group, LLC for a Plan for a Resilient Arts & Culture Sector in Berkeley June 24, 2025

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development of a community arts center at the Veterans Building, and analysis of ballot measure options in support of the arts and culture in Berkeley.

4. Deliver final report and presentation: including a comprehensive five-year strategic financial plan for enhancing resiliency in Berkeley’s art & culture sector(s).

BACKGROUND
The City of Berkeley is home to over 150 active arts and culture nonprofits offering a diverse array of theater, music, festivals, dance, visual arts, arts education and more.

The City of Berkeley has long recognized the importance of arts and culture to the economic health, vitality, and diversity of Berkeley’s local economy and its commercial districts. Local arts and cultural organizations generate revenue, create jobs, and generally improve the quality of life in Berkeley, which in turn generates businesses revenue and tourism to Berkeley.

However, the COVID-19 pandemic and its aftermath has had a significant impact on the arts ecosystem in Berkeley, and many of Berkeley’s existing arts organizations are in fiscal crisis, reflecting a national trend. Berkeley’s arts and culture sector continues to experience lower audience levels, and increased costs with many nonprofits operating at a loss and facing a difficult road to recovery. Additional challenges to the sector include factors such as: inflation impacting costs for labor, materials, and talent.

Current Status of Berkeley’s Arts Sector Funding & 2024 Budget Referral Since October 2019, six local arts organizations have come to the City Council outside of the robust Civic Arts Grant program (total annual program investment, $700,000) to ask for an additional $850,000 (total) in one-time relief funds from the city’s General Fund. The one-time funding initiatives have been an effective way to rescue and stabilize a few organizations temporarily, but they do not address the financial challenges of the sector in an equitable, nor sustainable manner.

Performing Arts companies are rarely able to support the costs of production solely with box office receipts. They must attract both audiences and contributions to stay afloat. As theatres face post-pandemic declines in audience attendance, increased labor and material costs, and a shift in major funders’ priorities away from the arts, many companies have shuttered. New strategies combined with new partnerships and collaborations are necessary, but it's not yet clear that there is only one path forward with a set of community cultural organizations as diverse as ours here in Berkeley.

To this end, on November 12, 2004, Vice Mayor Wengraf introduced a Referral to the November 2024 AAO1 Budget Process for $150,000 to Create a Five-Year Sustainable and Comprehensive Recovery Plan for the Arts and Culture Sector in Berkeley. The legislation calls for the city to engage a consultant to develop a multi-year comprehensive road map to support, maintain and sustain a resilient Arts and Culture

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Contract: Cultural Planning Group, LLC for a Plan for a Resilient Arts & Culture Sector in Berkeley June 24, 2025

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sector in Berkeley. The results of this plan will also be critical to guiding and informing discussion and consideration of a ballot measure in support of the Arts in 2026.

Goal of Project
The forthcoming plan will re-examine the City’s role in keeping our arts organizations healthy in a sustainable and predictable manner, including strategies to support the operation and maintenance of our arts and culture sector. By focusing and investing in creating a comprehensive five-year plan that will address both short-term and longer- term challenges to the sector, the City can support our local arts and cultural organizations in an organized and cost-effective manner.

Through this contract, the City of Berkeley will engage a consultant to develop a multi- year comprehensive plan to support and maintain a resilient arts and culture sector in Berkeley. The development of the plan will involve deep engagement with Berkeley’s arts stakeholders, policy makers and leaders, and focus on both innovative and proven strategies, as well as transparent and sustainable techniques for recovery for Berkeley’s arts and culture organizations. The plan will explore and devise a range of financial strategies, partnerships, and collaborations to address both short-term and longer-term challenges, as well as identify threats and opportunities to the sector. The results of this plan will be critical to guiding and informing the City of Berkeley’s future artistic and cultural investments and will result in a program design for sustainable artistic and cultural support over the years to come.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no identifiable environmental effects, climate impacts, or sustainability opportunities associated with the subject of this report.

RATIONALE FOR RECOMMENDATION
Cultural Planning Group, LLC possesses demonstrated expertise centered on a range of strategic planning efforts within the arts and culture sector including development of numerous creative economy plans, arts funding research, financial and policy analysis, and presenting data in an engaging and accessible manner. The City received and evaluated eight proposals in response to RFP Specification No. 25-11701-C which was posted on January 27, 2025. After proposal review, team interviews of the top five scoring proposals, and reference checks for the top two scoring proposals post- interview, Cultural Planning Group, LLC proposal received the highest score.

ALTERNATIVE ACTIONS CONSIDERED
None.

CONTACT PERSON
Jennifer Lovvorn, Office of Economic Development, (510) 981-7533 Attachment:
1: Resolution

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RESOLUTION NO. ##,###-N.S.

CONTRACT: CULTURAL PLANNING GROUP, LLC FOR A COMPREHENSIVE PLAN

FOR A RESILIENT ARTS AND CULTURE SECTOR IN BERKELEY
WHEREAS, the City of Berkeley has long recognized the importance of the arts and culture to the economic health, vitality, and diversity of Berkeley’s local economy and its commercial districts; and
WHEREAS, Berkeley’s arts and culture sector continues to experience lower audience levels, and increased costs in the aftermath of the pandemic, with some nonprofits operating at a loss; and
WHEREAS, on November 12, 2024, a Referral to the November 2024 AAO1 Budget Process for $150,000 to Create a Five-Year Sustainable and Comprehensive Recovery Plan for the Arts and Culture Sector in Berkeley calls for the city to engage a consultant to develop a multi-year comprehensive road map to support, maintain and sustain a resilient Arts and Culture sector in Berkeley; and
WHEREAS, the funds for this contract are budgeted in code 011-21-208-252-0000-000- 446-612990 and were designated in the First Amendment to the FY 2025 Annual Appropriations Ordinance approved by Ordinance No. 7,940-N.S. (November 19, 2024); and
WHEREAS, the results of this comprehensive plan will be critical to guiding and informing Berkeley’s investments and program design for artistic and cultural support over the years to come; and
WHEREAS, the City released an RFP under Specification No. 25-11701-C for which eight proposals were received, evaluated and scored, resulting in the selection of Cultural Planning Group, LLC to develop a multi-year plan for a resilient arts and culture sector in Berkeley.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to execute a contract and any amendments thereto with Cultural Planning Group, LLC for the development of a comprehensive plan to support and maintain a resilient arts and culture sector in Berkeley, in an amount not to exceed $149,980, for a term of 18 months. A record signature copy of said contract and any amendments are to be on file in the Office of the City Clerk.

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Internal
Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: http://www.cityofberkeley.info/manager

CONSENT CALENDAR
June 24, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Henry Oyekanmi, Director, Finance Department Subject: FY 2026 Reaffirming the Investment Policy and Designation of Investment Authority

RECOMMENDATION
Adopt a Resolution reaffirming the Investment Policy (no revisions are recommended) and to confirm the delegation of investment authority to the Director of Finance to make investments for FY 2026.

FISCAL IMPACTS OF RECOMMENDATION
There are no fiscal impacts from accepting the current Investment Policy and renewing the delegation of authority to the Director of Finance to make investments.

CURRENT SITUATION AND ITS EFFECTS
A. FY 2026 Reaffirming the City’s Investment Policy
The City’s Statement of Investment Policies requires the City Council to annually reaffirm the Statement of Investment Policy.

B. Delegating Authority to Make Investments
The Investment Policy requires the City Council to annually confirm the delegation of investment authority to the Director of Finance.

BACKGROUND
The State statutes that govern investment activity requires the City Council to annually affirm the Investment Policy and to annually confirm the delegation of investment authority.

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Internal
FY 2026 Reaffirming the Investment Policy and CONSENT CALENDAR Designation of Investment Authority June 24, 2025

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INVESTMENT OVERSIGHT
All investments included in the portfolio comply with the City’s adopted investment policies and State law.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The Investment Policy provides opportunities to make environmentally responsible investments that support the City’s environmental sustainability goals.

RATIONALE FOR ECOMMENDATION
The State requires City Council to annually affirm the Investment Policy, and to annually confirm the delegation of investment authority to the Director of Finance.

ALTERNATIVE ACYIONS CONSIDERED
None.

CONTACT PERSON
Henry Oyekanmi, Director of Finance, Finance Department, 981-7301 Attachments:

1. Resolution

2. Investment Policies for Idle Pooled Cash (Effective July 1, 2025)

3. Investment Policies for Retiree Medical Plan Trust Funds (Effective July 1, 2025)

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RESOLUTION NO. ##,###-N.S.

AFFIRMING THE INVESTMENT POLICY AND RENEWING THE DELEGATION OF

AUTHORITY TO MAKE INVESTMENTS TO THE DIRECTOR OF FINANCE WHEREAS, by Resolution No. 71,397-N.S. dated June 25, 2024, the City Council adopted the Investment Policy for the City of Berkeley; and WHEREAS, the Statement of Investment Policies requires the Director of Finance to submit and make recommendations for amendments to the investment policy; and WHEREAS, the Director of Finance has no recommended amendments to the investment policy to the City Council.

NOW THEREFORE, BE IT RESOLVED that the Council of the City of Berkeley affirms the Statement of Investment Policies, and confirms the delegation of investment authority to make investments to the Director of Finance for FY 2026.

ATTACHMENT 1

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City of Berkeley
Investment Policy
ATTACHMENT 2
Public
Effective July 1, 2025

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1 City of Berkeley
Investment Policy
July 1, 2025
Table of Contents
I. INTRODUCTION ........................................................................................................2 A. Scope of Policies.....................................................................................................2 B. Investment Objectives .............................................................................................2 C. Use of State Investment Guidelines ........................................................................6 II. INVESTMENT AUTHORITY AND RESPONSIBILITIES.............................................6 A. Authorized Investment Officers ...............................................................................6 B. Internal Controls ......................................................................................................7 C. Evaluation of Investment Officer Actions.................................................................9 III. CAPITAL PRESERVATION AND RISK......................................................................9 A. Overview .................................................................................................................9 B. Portfolio Diversification Practices ............................................................................9 IV. ELIGIBLE FINANCIAL INSTITUTIONS ....................................................................10 A. Authorized Dealers................................................................................................10 B. Individual Placement of Deposits ..........................................................................10 V. INVESTMENT VEHICLES........................................................................................11 A. State of California Limitations................................................................................11 B. City Policies...........................................................................................................14 VI. INVESTMENT MATURITY .......................................................................................16 VII. CASH MANAGEMENT .............................................................................................16 VIII. EVALUATION OF INVESTMENT PERFORMANCE ................................................16 IX. INVESTMENT REPORTING ....................................................................................17 X. APPENDICES...........................................................................................................19 A. Investment Portfolio – Diversification Requirements .............................................19 B. Berkeley’s ESG Investing Initiative........................................................................20

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2 I. Introduction
Pursuant to Sections 2.44.040 and 2.44.060 of the Berkeley Municipal Code, Resolution No. 45,087-N.S., and Sections 53601, 53607, 53636 and 53648 of the State Government Code, the Director of Finance, the Treasurer of the City, is authorized to make investments of the City’s idle funds. The Code also directs the City to present an annual investment policy to the City Council for approval. This Investment Policy, after approval of the amendments by the City Council, will serve as the Investment Policy for the City of Berkeley for fiscal year 2026.

A. Scope of Policies
These investment policies apply to the investments of the City of Berkeley and the Rent Stabilization Board. All financial assets of any non-trust funds, including the general fund and other funds that may be created from time to time, shall be administered in accordance with the provisions of these policies.

B. Investment Objectives
The City's primary investment objective is to achieve a reasonable rate of return on public funds while minimizing the potential for capital losses arising from market changes or issuer default.

Although the generation of revenues through interest earnings on investments is an appropriate City goal, the primary consideration in the investment of City funds is capital preservation in the overall portfolio. As such, the City's yield objective is to achieve a reasonable rate of return on City investments rather than the maximum generation of income, which could expose the City to unacceptable levels of risk.

The following investment objectives, in order of priority, shall be applied in the management of City funds: safety, liquidity and yield.

1. Safety of principal is the foremost objective of the investment program Investments shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. The objective is to mitigate credit risk and interest rate risk, summarized as follows:
a. Credit risk. This is the risk of loss due to the failure of the security issuer or backer. Credit risk may be mitigated by:
 Limiting investments to the safest types of securities.  Determining the credit worthiness of the financial institutions, broker/dealers, and intermediaries with which the City does business.  Diversifying the investment portfolio so that potential losses on individual securities will be minimized.
b. Interest rate risk. This is the risk that the market value of securities in the portfolio will fall due to changes in general interest rates. Interest rate risk may be mitigated by:

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3  Structuring the investment portfolio so that securities mature to meet cash requirements for ongoing operations, thereby avoiding the need to sell securities prior to maturity; and
 Investing operating funds primarily in shorter-term securities.

2. Liquidity
No investment shall be made that could not appropriately be held to maturity without compromising liquidity requirements. The investment portfolio shall remain sufficiently liquid to meet all operating requirements that may be reasonably anticipated. This is accomplished by structuring the portfolio so that securities mature concurrent with cash needs to meet anticipated demands (static liquidity). Furthermore, since all possible cash demands cannot be anticipated, the portfolio should consist largely of securities with active secondary markets (dynamic liquidity).

3. Yield
The investment portfolio shall be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, taking into account the City’s investment risk constraints and liquidity needs. Return on investment is of least importance compared to the safety and liquidity objectives described above. The core of investments are limited to relatively low risk securities in anticipation of earning a reasonable return relative to the risk being assumed. Securities shall not be sold prior to maturity with the following exceptions:
i. Liquidity needs of the portfolio require that the security be sold. ii. A security swap would improve the quality, yield, or target duration in the portfolio.

4. Responsible Investing
Investment policies of the City of Berkeley shall comply with the letter of the following ordinances, resolutions and directives:
 Nuclear-Free Berkeley Act
 Resolution No. 59,853-N.S.-Oppressive States Contract prohibition  Divestment from Gun Manufacturers and Tobacco Companies  Divestment from Publicly Traded Fossil Fuel Companies and Banks that Finance Pipelines and Fossil Fuel Infrastructure
 Divestment from Prisons Resolution No. 67,640-N.S. and Immigration Detention Companies
 Divest from Any Companies Designing, Building or Financing the U.S. – Mexico Border Wall Resolution No. 67,865-N.S.
 No Investment in Any Entity Involve in the Production and Manufacturing of Weapons-Resolution No. 68,766-N.S.
 Integrate Environmental, Social, and Governance Principles (ESG) for All Investment Decision Making Process (See Appendix B for details.)

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4 a. Nuclear-Free Berkeley Act
To the extent possible, without compromising the City’s safety, liquidity and yield objectives, it is the City’s policy to prefer investments in U.S. Agency securities.

They are preferred because of their generally higher yields and generally socially preferable uses, such as housing loans or student loans, versus investments in Treasury securities with their association with nuclear weapons.

All financial institutions, which hold deposits or investments of the City, shall file a statement with the Director of Finance indicating the percentage of the bank’s assets which are loaned to or invested in nuclear weapons agents as defined in Section 12.90 of the Nuclear-Free Berkeley Act. The Director of Finance shall use this information as a factor in selecting banks which have minimum involvement in the nuclear weapons industry. A summary of these reports shall be attached to the annual Statement of Investment Policies.  Investments in United States Treasury securities may be made by the City of Berkeley.
 The City of Berkeley shall ensure that any City funds, or any funds controlled by the City, invested or other third parties, are invested according to the provisions of this section and, to this end, shall obtain written assurances to this effect from any such trustees or third parties. b. Divestment From Publicly-Traded Fossil Fuel Companies and Companies that Provide Direct Financing or On-going Lines of Credit for the Funding of Fossil Fuel Infrastructure
The City of Berkeley has a responsibility to protect the lives and livelihoods of its inhabitants from the threat of climate change. While fossil fuel companies provide an attractive return on investment, the City of Berkeley will suffer greater economic and financial losses from the impact of unchecked climate change. The City’s infrastructure, businesses and communities would face greater risk of damages and losses due to that climate change. The City believes that its investments should support a future where all citizens can live healthy lives without the negative impacts of a warming environment. For the purposes of the Investment Policy, a “fossil fuel company “shall be defined as any of the two hundred publicly-traded companies with the largest coal, oil and gas reserves as measured by the gigatons of carbon dioxide that would be emitted if those reserves were extracted and burned, as listed in the Carbon Tracker Initiative’s “Unburnable Carbon” report.

Staff responsible for managing the City’s investment portfolio are directed to divest all City funds held in fossil fuel companies or companies that provide direct financing or on-going lines of credit for the funding of fossil fuel infrastructure such as the Dakota Access Pipeline and are prohibited from making any new investments in such companies.

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5 c. Divestment from Gun Manufacturers and Tobacco Companies The City of Berkeley has a responsibility to protect the lives and livelihoods of its inhabitants from the threat of dangerous weapons and products. There is no better role for city government than to protect people. If the City invests in companies that are putting dangerous weapons and dangerous products on our streets, then the City is part of the problem.

Staff responsible for managing the City’s investment portfolio are directed to divest all City funds held in gun manufacturers and tobacco companies and are prohibited from making any new investments in such companies. d. Divestment from Prisons and Immigration Detention Companies The prison and immigration detention industry reaps large monetary benefits from the imprisonment of these communities. Prison companies admit that their companies benefit from high incarceration rates. With the increasing economic benefits that come with commodifying human lives, the City of Berkeley should divest from prison and immigration detention companies to make a statement that the industry harms human lives and degrades them as monetary investment.

Staff responsible for managing the City’s investment portfolio are directed to divest all City funds held in Prisons and Immigration Detention Companies and are prohibited from making any new investments in such companies. e. Divestment from any Companies Designing, Building or Financing the U.S.- Mexico Border Wall - Resolution No. 67,865-N.S.

The City of Berkeley is strongly opposed to the construction of a border wall between the United States and Mexico as called for in Presidential Executive Order 13767. Immigration has been part of this country's history since its inception. Construction of a border wall with tightened security will harm refugees who are feeling violence and conflict in Central American countries including Honduras and El Salvador. A border wall would increase international tensions and cause environmental damage by increasing emissions, cutting off natural water flows, and disturbing wildlife migration routes. The wall would cut through ancestral native lands and would significantly disrupt tribal communities. In addition, construction of a wall would be huge financial burden to taxpayers.

Therefore, to ensure that local tax dollars in no way support the construction of the proposed border wall, the City of Berkeley will divest from all companies involved with designing, building, and financing the border wall.

Staff responsible for managing the City's investment portfolio are directed to divest all city funds from companies that design, build or finance the U.S.-Mexico border wall as called for in Presidential Executive Order 13767, and are prohibited from making any new investments in such companies.

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6 f. No Investment in Any Entity Involved in the Production and Manufacturing of Weapons-Resolution No. 68,766-N.S.

The City of Berkeley joins the cities nationwide that oppose militarism and violence, and encourages other cities to follow Berkeley’s lead. U.S. weapons manufacturers continue to supply repressive regimes around the world and U.S. produced weapons are being used in attacks that the international community deems unlawful for their disproportionate and excessive harm to civilians.

Staff responsible for managing the City's investment portfolio are directed to divest all City funds from companies that are involved in the production or manufacturing of weapons and weapons system, whether conventional or nuclear and including the manufacture of civilian arms.

These guidelines apply to all cash-equivalent assets included within the scope of the City's audited financial statements and held either directly by the City or held and invested by fiscal agents.
g. Integrate Environmental, Social, and Governance Principles (ESG) for All Investment Decision Making Process (See Appendix B for details.) This combines environmental, social, and governance issues with traditional financial factors in the investment decision-making process. ESG investing helps cities like Berkeley to benefit from both impact driven and financially prudent investments. ESG principles would put Berkeley’s values into our investment dollars.

C. Use of State Investment Guidelines
Government Code Sections 16481.2, 53601, 53607, 53635, and 53646 of the State of California regulate the investment practices. It is the policy of the City of Berkeley to use the State's provisions for local government investments as the base for developing and implementing the City's investment policies and practices.

As required under Government Code Sections 16481.2 and 53646, the Statement of Investment Policies will be reviewed by the Council annually.

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7 II. Investment Authority and Responsibilities
A. Authorized Investment Officers

1. Idle Funds
Pursuant to Sections 2.44.040, 2.44.060 of the Berkeley Municipal Code, Resolution No. 45,087-N.S., and Sections 53601, 53636 and 53648 of the State Government Code, the Director of Finance, the Treasurer of the City, is authorized to make investments of the City’s idle funds. Responsibility for the operation of the investment program is hereby delegated to the Director of Finance, who shall carry out established written procedures and internal controls for the operation of the investment program consistent with this plan. Procedures should include
references to: safekeeping, delivery versus payment basis of settling transactions, investment accounting, repurchase agreements, wire transfer agreements, collateral/depository agreements and banking services contracts. In the exercise of this responsibility, the authority to perform specific investment tasks and duties is delegated as follows:
• Treasury Manager/Revenue Collection Manager. In the absence, and under the direction, of the Finance Director, to invest idle funds on a daily basis as required for cash flow purposes pursuant to the requirements of the Statement of Investment Policies.
• Senior Accountant or Accounting Manager. To execute necessary investment documents, and obtain the approval of the Director of Finance to authorize wire transfers and execute bank authorizations.
• Deputy City Manager. To execute necessary investment documents, authorize wire transfers; execute bank authorization in absence of the Director of Finance, Treasury Manager/ Revenue Collection Manager, Senior Accountant, and the Accounting Manager.

B. Internal Controls
The Director of Finance shall establish a system of internal controls designed to prevent losses of public funds arising from fraud, employee error, misrepresentation of third parties, unanticipated changes in financial markets, or imprudent actions by employees and officers of the City of Berkeley. The concept of reasonable assurance recognizes that (1) the cost of a control should not exceed the benefits likely to be derived; and (2) the valuation of costs and benefits requires estimates and judgments by management. These controls shall include:
• Separation of transaction authority from accounting and physical custody.

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8 • By separating the person who authorizes or performs the transaction from the people who record or otherwise account for the transaction, a separation of duties is achieved.
• Also, securities purchased from any bank or dealer including appropriate collateral (as defined by State Law), shall be placed with an independent third party for custodial safekeeping.
• Avoidance of physical delivery of securities by using a delivery versus payment “Basis of Settlement Only.”
• All trades will be executed on a delivery versus payment (DVP) basis. This ensures that securities are delivered to the City’s safekeeping bank at the same time the funds are released by the City’s safekeeping bank.
• Third-Party custodial safekeeping of securities held in the name of the City. Delivered securities must be properly safeguarded against loss or destruction. Book entry securities are recorded in electronic records and the potential for fraud and loss increases with physically delivered securities. All investment securities, except collateralized certificates of deposit and money market funds, purchased by the City will be delivered by either book entry or physical delivery and will be held in third- party safekeeping by a City-approved custodian bank, its correspondent New York Bank or the Depository Trust Corporation (DTC). Whenever possible, securities purchased are to be recorded in “book entry” form.
• All securities and applicable collateral will be held by the City’s third party custodian and evidenced by safekeeping receipts. All book entry securities owned by the City shall be evidenced by a safekeeping receipt issued to the City by the custodian bank to acknowledge that the securities are held in the Federal Reserve system in a “customer account” for the custodian bank which names the City as “customer”; The Director of Finance will require each approved safekeeping financial institution to submit a copy of its Consolidated Report of Condition and Income (Call Report) to the City within 60 days after the end of each calendar quarter.
• Competitive bidding on investment transactions. Before the City invests in any secondary market funds, competitive bids shall be requested. If a specific maturity date is required, either for cash flow purposes or for conformance to maturity guidelines, bids will be requested from at least three financial institutions for instruments which meet the maturity requirement. If no specific maturity is required, a yield curve analysis will be conducted to determine which maturities would be most advantageous.
• Written confirmation and documentation of all financial transactions.

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9 • Due to the potential for error and improprieties arising from telephone transactions, all telephone transactions should be supported by written communications and approved by the appropriate person. Written communications may be via fax if on letterhead and the safekeeping institution has a list of authorized signatures. • Rapid deposit of funds received by the City (i.e., large checks.) • Bonding of all investment officials.

C. Evaluation of Investment Officer Actions
Section 53600.3 of the Government Code identifies trustees as those persons authorized to make investment decisions on behalf of a local agency. As a trustee, the standard of prudence to be used by investment officials shall be the "prudent investor" standard and shall be applied in the context of managing an overall portfolio. Investment officers acting in accordance with written procedures, and exercising due diligence shall be relieved of personal responsibility for an individual security's credit risk or market price changes, provided deviations from expectations are reported in a timely fashion and the liquidity and the sale of securities are carried out in accordance with the terms of this plan.

Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived.

Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with the proper execution and management of the investment program, or that could impair their ability to make impartial decisions. Employees and investment officials shall disclose any material interests in financial institutions with which they conduct business. They shall further disclose any personal financial/investment positions that could be related to the performance of the investment portfolio. Employees and officers shall refrain from undertaking personal investment transactions with the same individual with whom business is conducted on behalf of their entity.

III. Capital Preservation and Risk
A. Overview
Some level of risk is inherent in any investment transaction. Losses may be incurred due to issuer default, market price changes, or technical cash flow complications such as investments in non-marketable certificates of deposit. Diversification of the City's portfolio by institution, investment vehicle, and maturity term is the primary tool available to the City in minimizing investment risk and capital losses by safeguarding the overall portfolio from any individual loss.

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10 B. Portfolio Diversification Practices
The following sections summarize the City's major portfolio diversification practices and guidelines in determining:
• Authorized Dealers
• Investment Vehicles
• Investment Maturity
Portfolio limitations included in these guidelines are to be based on the portfolio composition and investment management plan policies in effect at the time of placement; the actual composition of the City's investments may vary over time from plan limitations due to overall portfolio changes from when the individual placement was made as well as changes in the City's investment management plan
IV. Eligible Financial Institutions
A. Authorized Dealers
• Investments shall be purchased only through well-established, financially sound institutions. The Finance Director shall maintain a list of financial institutions and broker/dealers approved for investment. All financial institutions and broker/dealers who desire to become qualified bidders for investment transactions will be given a copy of the City’s Statement of Investment Policies, and a return cover letter which must be signed indicating that the Statement of Investment Policies has been read and understood.

Qualified financial institutions and broker/dealers must supply the Director of Finance with the following:
o Financial Institutions
 Current audited financial statements Depository contracts, as appropriate  A copy of the latest FDIC call report or the latest FHLBB report, as appropriate.
o Broker/Dealers
 Current audited financial statements
 Proof that brokerage firm is a member in good standing with a national securities exchange.
• Except for repurchase agreements, investments shall be awarded based on competitive bids. Documentation relating to investment quotes shall be maintained by the Finance Department for a period of one year.

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11 B. Individual Placement of Deposits
Individual placement of negotiable, collateralized, and other time certificates of deposit with eligible financial institutions shall be based on the following practices and procedures:
• Deposits shall only be placed with financial institutions maintaining offices within the City of Berkeley.
• Unless collateralized by eligible securities as provided in Sections 53651 and 53652 of the Government Code, the maximum amount of Certificates of Deposit to be placed with any single institution is $250,000.

V. Investment Vehicles
A. State of California Limitations
As provided in Sections 53601, 53635, and 16429.1 of the Government Code, the State of California limits the investment vehicles available to local agencies to the following:

1. U.S. Treasury Instruments
As authorized in Government Code Section 53601(b), this category includes bills, notes, bonds or certificates of indebtedness, or those for which the faith and credit of the United States are pledged for the payment of principal and interest. There are no portfolio limitations on the amount.

2. Government Sponsored Enterprises
As authorized in Government Code Section 53601(f), this category includes a wide variety of government securities. These securities include U. S. government- sponsored enterprise obligations, such as issues by the Federal National Mortgage Association (FNMA's), Federal Home Loan Bank (FHLB), Federal Farm Credit (FFCB), Student Loan Marketing Association (SLMA), etc. There are no portfolio limitations on the amount.

3. Municipal Securities
As authorized in Government Code Section 53601(a)(c)(d)(e), this category includes obligations of the City, the State of California, any of the other 49 states, and any local agency within the State of California, provided that:
• The securities are rated “A” or higher by at least one nationally recognized statistical rating organization.
• No more than 5% of the portfolio may be invested in any issuer. • The maximum maturity does not exceed five years.

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12 4. Banker's Acceptances
As provided in Government Code Section 53601(f)g, 40% of the City's portfolio may be invested in Banker's Acceptances, otherwise known as bills of exchange or time drafts that are drawn on and accepted by a commercial bank, although no more than 30% of the portfolio may be invested in Bankers' Acceptances with any one commercial bank. Additionally, the maturity period cannot exceed 180 days.

5. Commercial Paper
Commercial paper is a short-term, unsecured promissory note issued by financial and non- financial companies to raise short-term cash. As provided in Government Code Section 53601(h) up to 25% of the City's portfolio may be invested in "prime" commercial paper of the highest ranking or of the highest letter and number rating as provided by a nationally recognized statistical-rating organization (i.e., Moody's or Standard and Poor's or Fitch), with maturities not to exceed 270 days. The issuer must have total assets in excess of $500 million, and have debt other than Commercial Paper rated “A” or higher by a nationally recognized statistical-rating organization.

6. Negotiable Certificates of Deposit
Negotiable certificates of deposit are a fixed deposit certificate that may be negotiated (traded) to a third party. The institution issuing the certificate promises to pay the holder the initial investment plus the interest rate stated on the certificate at maturity. As authorized in Government Code Section 53601(i), the City may invest 30% of its portfolio in negotiable certificates of deposit issued by commercial banks, thrifts and foreign banks.

7. Repurchase Agreements
Repurchase agreements are agreements between the local agency and seller for the local agency to purchase government securities to be resold back to the seller at a specific date and for a specific amount and are authorized by Government Code Section 53601(j). Although the legal maximum maturity on these investments is 360 days, repurchase agreements are generally short-term investments varying from one day to two weeks. Investments in repurchase agreements must be collateralized, and collateral required for repurchase agreements is limited to Treasury and Agency securities. In order to anticipate market changes and provide a level of security for all funds, the required collateralization level is 102% of market value of principal and accrued interest.

8. Reverse Repurchase Agreements
Reverse repurchase agreements are a sale of securities by the local agency with a simultaneous agreement for the local agency to repurchase the securities on or before a specified date. As provided in Government Code section 53635(j), reverse repurchase agreements require the prior approval of the City Council. Reverse repurchase agreements can only be made with primary dealers of the Federal

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13 Reserve Bank of New York or with a nationally or state-chartered bank that has or has had a significant banking relationship with the local agency. There are no portfolio limitations on the amount for these investments.

9. Medium-Term Corporate Notes
As authorized in Government Code Section 53601(k), local agencies may invest in corporate bonds and notes of industrial companies, banks, bank holding companies, insurance companies, thrifts and finance companies that are rated “A” or better by a nationally recognized rating service; and issued by corporations organized and operating in the United States. The maximum remaining maturity is limited to five years, and the amount invested must not exceed 30% of the agency's portfolio.

10. Shares of Beneficial Interest Issued By Diversified Management Companies As authorized in Government Code Section 53601(l), local agencies are also authorized to invest in shares of beneficial interest issued by diversified management companies (i.e., mutual funds) as defined in Section 23701(m) of the Revenue and Taxation Code in an amount not to exceed 20% of the agency's portfolio.

11. Financial Futures and Financial Option Contracts
As authorized in Government Code Section 53601.1, local agencies may invest in financial futures or option contracts in any of the above investment categories subject to the same overall portfolio limitations.

12. Time Certificates of Deposit
As authorized in Government Code Section 53635, time certificates of deposit are fixed term, non-negotiable investments which are required to be collateralized 110% by eligible pooled securities. The pool is administered by the State, and is composed of a wide variety of government securities, secured by first mortgages on improved residential property located in the State. There are no portfolio limits on the amount; however the maturity period for this investment vehicle may not exceed five years unless approved by the Council.

13. Local Agency Investment Fund
As authorized in Government Code Section 16429.1, local agencies may invest in the Local Agency Investment Fund (LAIF), a pooled investment fund managed by the State Treasurer’s Office. It operates like a money market fund, but is for the exclusive benefit of governmental entities within the State. The current maximum amount of money that may be invested is $40 million.

14. Moneys Held By A Trustee Or Fiscal Agent
As authorized in Government Code Section 53601(m), debt proceeds held by a trustee or fiscal agent, which are pledged to the payment or security of bonds or other indebtedness may be invested in accordance with the statutory provisions governing the issuance of those bonds or other agreement; or to the extent not

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14 inconsistent with statutory provisions, or if there are no specific statutory provisions, investments may be made in accordance with the ordinance, resolution, indenture, or agreement of the local agency for the issuance.

This category includes investment agreements approved in writing by insurance companies, supported by appropriate opinions of counsel with notice to Standard and Poor’s.

15. Other Secured Notes, Bonds Or Other Obligations
As authorized in Government Code Section 53601(n), notes, bonds, or other obligations that are at all times secured by a valid first priority security interest in securities of the types listed by Section 53651 as eligible securities.

16. Mortgage Pass Through, Collateralized Mortgage Obligation, Mortgage-backed Bond, Equipment Lease-backed Certificate, Consumer Receivable Pass through Certificate, and Consumer Receivable-backed Bond As authorized in Government Code Section 53601(o), securities in this category must be rated “AA” or its equivalent or better by a nationally recognized rating service. Purchases may not exceed 20% of the agency’s portfolio.

17. Public Bank Obligations
As authorized in Government Code Section 53601(r),53635(c), and 57603 local agencies may invest on commercial paper, debt securities or other obligations of a public bank. The maximum remaining maturity is limited to five years.

B. City Policies

1. Allowable Investment Vehicles and Restrictions
The Director of Finance/City Treasurer is authorized to invest in any of the investment vehicles allowed by Sections 53601, 53635 and 16429.1 of the Government Code above, with the following limitations:

Financial futures; option contracts, floaters, inverse floaters, range notes, interest-only strips that are derived from a pool of mortgages, or any security that could result in zero interest income if held to maturity may not be purchased. Exclusion of these vehicles is consistent with the City's overall objective of achieving reasonable yields on public funds while minimizing risk and capital losses. Although the potential exists for greater interest yields with these vehicles, it is believed that the potential level of risk exceeds their benefits except in very limited circumstances.
• Reverse repurchase agreements shall be entered into only to effect a “matched” transaction whereby the proceeds of the reverse are reinvested for the same

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15 period as the term of the reverse repurchase agreement. • Funds will only be invested in negotiable Certificates of Deposit that are fully insured by the Federal Deposit Insurance Corporation (FDIC) or the Federal Savings and Loan Insurance Corporation (FSLIC) in amounts up to $250,000 (including interest).
• The authority to invest in certain securities is restricted by the provisions of the section entitled “Responsible Investing”.
• No more than 45% of the portfolio may be invested in callable agency or government- sponsored enterprise securities.
• Commercial paper is limited to a maturity of 180 days, and the issuer must have the highest rating from two nationally recognized rating agencies, not one (as required by the State).
• The greater of $5 million or 2% of the short-term portfolio can be in the commercial paper of any single corporation or group under essentially common ownership or control.
• Purchases of such corporate notes as mortgage pass through, collateralized mortgage obligation, mortgage-backed bond, equipment lease-backed certificate, consumer receivable pass through certificate and consumer receivable-backed bond must be rated “Aa” or AA or its equivalent or better by a nationally recognized rating service. As authorized in Government Code Section 53601(j), staff may invest in corporate bonds and notes of industrial companies, banks, bank holding companies, insurance companies, thrifts and finance companies that are rated “A” or better by a nationally recognized rating service; and issued by corporations organized and operating in the United States. The amount invested must not exceed 30% of the agency's portfolio.
• No investment shall be made which involve a “hidden” reduction in the investment rate or yield in order to subsidize other investment programs. For example, the City invests $10,000,000 for a year at a rate of 1% less than “market” rates.
• Up to 100% of the portfolio may be placed in money market accounts.

See Appendix A for the Investment Portfolio/Diversification Requirements, which lists the maximum amounts that may be invested in the various investment types and the maximum authorized maturities.

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16 2. Term
Reserve funds from the proceeds of debt issues may be invested by the Director of Finance/City Treasurer in government agency securities with terms exceeding five (5) years, if the maturity of such investments are made to coincide as nearly as practicable with the life of the debt issue. A maximum of 30 percent of the par value of the portfolio may be invested in a stated maturity of up to 10 years.

3. New Investments
No new types of investments will be purchased for the first time without at least two weeks notification to the City Council. For example, although Mortgage Pass through securities are authorized investments, none will be purchased for the first time without such prior City Council notification.

VI. Investment Maturity
In addition to the risks associated with the credit-worthiness of the financial institution and the security of the investment vehicle, the maturity period of investments is also a significant consideration in the management of the City's portfolio. In order to minimize the impact of market risk, it is intended that all investments will be held until maturity. Investments may be sold prior to maturity for cash flow or appreciation purposes; however, no investment shall be made based solely on yields resulting from anticipated capital gains.

Also, except for debt proceeds, a maximum of 30 percent of the par value of the portfolio may exceed five years.

VII. Cash Management
To achieve a reasonable return on public funds, the following cash management practices will be followed:
• Maintain maximum investment of all City funds not required to meet immediate cash flow needs while maintaining adequate compensating balances as required under the City's banking services agreement.
• Pool resources available for investment from all City-administered funds, with interest earnings allocated to each of the funds in accordance with generally accepted accounting principles.
• Maximize the City's cash flow through the immediate deposit of all cash receipts, use of direct deposits and wire transfers when available, and appropriate timing of payments to vendors.

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17 • Maximize the cash flow information available through the use of only one operating bank account.

VIII. Evaluation of Investment Performance
As indicated in the Introduction section of this document, it is the City's primary investment objective to achieve a reasonable rate of return on public funds while minimizing risks and preserving capital. In evaluating the performance of the City's portfolio in achieving this objective, it is expected that yields on City investments will regularly meet or exceed the average return on the State Local Agency Investment Fund (LAIF).

IX. Investment Reporting
Consistent with Sections 16481.2 and 53646 of the Government Code, the Department of Finance shall submit an annual Statement of Investment Policies to the Council for consideration at a public meeting.

In addition to the submittal of an annual Statement of Investment Policies, the Department of Finance shall provide the Council with a quarterly and annual investment report providing the following information for each investment or security:
• Issuer or broker/dealer (financial institution)
• Type of investment
• Certificate or other reference number if applicable
• Percentage yield on an annualized basis
• Purchase date
• Maturity date for each investment and the weighted average maturity of all the investments within the portfolio
• Current book value
• Current market value
• Total cost and market value, including source of this valuation, of the City's portfolio
• A description of the compliance with the Statement of Investment Policies • An evaluation of investment operations for the preceding year. This shall include an evaluation of how well the objectives have been achieved: the accuracy of forecasting expenditures and revenues, as well as a comparison of the average returns on the investment portfolio with that of the Local Agency Investment Fund (LAIF).
• Report of investments. The Director of Finance shall prepare a report that provides a clear status of the current investment portfolio and transactions. The report will be prepared in a manner which allows the City Manager and Council to ascertain whether investment activities during the reporting period have conformed to the investment policies.

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18 • Summary of key or unusual events, including but not limited to:
 Any exceptions to policies;
 Adherence to or deviations from social investment goals;  Purchases of Treasury securities, other than in repurchase agreements with maturities of seven days or less;
 Purchases of securities that exceed maturity limits;
 Sales of securities more than three months before maturity;  Changes in investment procedures, dealers, staff, etc. • Investment performance:
 A glossary, defining all funds or accounts referred to elsewhere in the report; and a listing of banks, securities dealers and custodians that the City has had investment transactions during the period.  A summary of the certifications for deposits of City funds.  Other information regarding the City's portfolio as appropriate The Quarterly Investment Report shall include all investments as of the end of the quarter from all funds held in the City's portfolio, and shall be issued within 60 days after the end of the quarterly reporting period to the City Manager, and the City Council; the annual report shall be issued within 90 days after the end of the fiscal year to the City Manager, and the City Council.

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19 X. Appendices
A. Investment Portfolio – Diversification Requirements
Investment Portfolio
Diversification Requirements
Investment Instrument Maximum Amount of Portfolio
Maximum
Length to
Maturity
Bank / Time Deposit Accounts 100% 5 Years
Money Market Deposit Accounts 100% N/A
Repurchase Agreements 10% 1 Year
Reverse Repurchase Agreements 10% 7 Days
Bankers Acceptances 40% 7 Days
U.S. Government Securities (Treasury Bills,
Notes, and Bonds)
100% 10 Years
U.S. Government Agency Securities by
Agency
100% 10 Years
Certificates of Deposit (Negotiable) 30% 10 Years
Municipal Bonds 100% 5 Years
Commercial Paper 25% 180 Days
Medium Term Notes 30% 10 Years
Public Bank Obligations 10% of Unrestricted Investments 5 Years

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20 B. Berkeley’s ESG Investing Initiative

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CITY OF BERKELEY
ATTACHMENT 3

INVESTMENT POLICY

FOR RETIREE MEDICAL PLAN TRUST FUNDS
Effective July 1, 2025

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City of Berkeley

INVESTMENT POLICIES FOR RETIREE MEDICAL PLAN

TRUST FUNDS
July 1, 2025
Table of Contents
I. Introduction
A. Scope of Policies ...........................................................................................................................1 B. Investment Objectives....................................................................................................................1 C. Use of State Investment Guidelines................................................................................................2 II. Investment Authority and Responsibilities
A. Authorized Investment Officers .....................................................................................................2 B. Internal Controls............................................................................................................................2 C. Evaluation of Investment Officer Actions.......................................................................................3 III. Capital Preservation and Risk
A. Overview.......................................................................................................................................4 B. Portfolio Diversification Practices ..................................................................................................4 IV. Eligible Financial Institutions
A. Authorized Dealers........................................................................................................................5 B. Individual Placement of Deposits ...................................................................................................5 V. Investment Vehicles
A. State of California Limitations .......................................................................................................6 VI. Investment Maturity .............................................................................................................................10 VII. Cash Management...............................................................................................................................10 VIII. Evaluation of Investment Performance.............................................................................................10 IX. Investment Reporting ...........................................................................................................................10 Appendix
A. Investment Portfolio—Diversification Requirements ...................................................................12

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Berkeley City CouncilJune 24, 2025

Berkeley City Council
June 24, 2025