Berkeley City Council
September 30, 2025

Tuesday, September 30, 2025 AGENDA Page 1

AGENDA

BERKELEY CITY COUNCIL MEETING
Tuesday, September 30, 2025
6:00 PM

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

ADENA ISHII, MAYOR
Councilmembers:

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

This meeting will be conducted in a hybrid model with both in -person and virtual attendance. Attend this meeting remotely using Zoom. 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: 160 974 5944. 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].

Live captioned broadcasts of Council meetings are available on B -TV (Channel 33) and via internet video stream.

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.

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 p residing 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 ord erly 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 Sec tion 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 w ith 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 proce eding is competitively bid, or involves a personnel or labor contract. For more information, see Government Code Section 84308.

Tuesday, September 30, 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. Dinh Le, Berkeley Resident and Pedestrian Fatality
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.

Tuesday, September 30, 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.

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 ind ividual or in their official capacity when addressing the Council in open session or workshops.

Consent Calendar

1. Proposed Sanctuary City Ordinance – Council Referral; Adding Berkeley Municipal Code Chapter 13.114
From: City Attorney
Recommendation: Adopt the second reading of Ordinance No. 7,984–N.S. adopting a Sanctuary City Ordinance (BMC 13.114) to codify the City’s sanctuary policy into the Berkeley Municipal Code.

First Reading Vote: All Ayes.

Financial Implications: Staff time
Contact: Farimah Brown, City Attorney, (510) 981-6950

2. Minutes for Approval
From: City Manager
Recommendation: Approve the minutes for the Council meetings of July 8, 2025 (regular), July 22, 2025 (closed and regular), July 23, 2025 (regular), and July 29, 2025 (special and regular).

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

Consent Calendar
Tuesday, September 30, 2025 AGENDA Page 4

3. Authorize Acceptance of Proposition 47 Cohort 5 Grant and Execution of Related Agreements
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to: Accept the Proposition 47 Cohort 5 grant award of $8,000,000 from the Board of State and Community Corrections (BSCC); Execute any resultant agreements and amendments; and Appropriate the funds for eligible project activities through the Annual Appropriations Ordinance (AAO) consistent with the grant budget.

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

4. 2026 Tax Rate: Transportation Network Company User Tax From: City Manager
Recommendation: Adopt first reading of an Ordinance setting the 2026 tax rate (effective January 1, 2026) for the transportation network company at the following rates: 62 cents on the user for each prearranged trip that originates in the City that is not part of a pooled prearranged trip and 30 cents for each pooled prearranged trip on each user who arranges each prearranged trip that originates in the City and which comprises part of the pooled prearranged trip.

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

5. Application to the Behavioral Health Continuum Infrastructure Program (BHCIP) Round 2: Unmet Needs
From: City Manager
Recommendation: Adopt a Resolution to: 1) Authorize the City of Berkeley (City) to apply to the California Department of Health Care Services for Bond BHCIP Round 2 grant funds in an amount not to exceed $6,947,050; and 2) Authorize the City Manager, or designee, to execute the Program Funding Agreement and any related documents necessary to secure and administer the grant; and 3) Acknowledge that the City will comply with every term and condition of the Program Funding Agreement; and 4) Designate the City Manager, or designee, as the City’s Authorized Signatory for all Program documents.

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

6. Contract No. 32300180 Amendment: GoGo Technologies, Inc. for Provision of Transportation Services for Seniors and the Disabled
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or designee to execute an amendment to Contract No. 32300180 for an additional $150,000 with GoGo Technologies, Inc. for the purpose of providing a 24/7 concierge call center that arranges rides with Uber and Lyft for the City’s seniors and disabled community.

The contract amendment’s not-to-exceed amount will be increased to $500,000 for the period July 1, 2025, through June 30, 2026.

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

Consent Calendar
Tuesday, September 30, 2025 AGENDA Page 5

7. Contract No. 32300207 Amendment: Easy Does It for Provision of Wheelchair Van Service for Seniors and Disabled Riders
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or designee to execute an amendment to Contract No. 32300207 for an additional $75,000 with Easy Does It for the purpose of providing lift-equipment accessible wheelchair van services to the City of Berkeley’s wheelchair riders. The contract’s not-to-exceed amount will be increased to a total of $250,000 for the period of July 1, 2025, to June 30, 2026.

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

8. Revenue Grant Agreement: Funding Support from the California Department of Public Health to Enhance Disease Intervention Workforce Development From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or designee to accept funds from the California Department of Public Health (CDPH) in the projected amount of $523,953 to execute a revenue agreement, contract, and any necessary amendments and extensions.

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

9. Donation: Memorial Bench at Berkeley Marina in Memory of Michael W. Orton From: City Manager
Recommendation: Adopt a Resolution accepting a cash donation in the amount of $3,400 for a memorial bench to be placed at the Berkeley Marina in memory of Michael W. Orton.

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

10. Purchase Order with Coast Counties Peterbilt for Seven 2026 Model Peterbilt 520 Rear-Loader Refuse Trucks with McNeilus Bodies
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a purchase order with Coast Counties Peterbilt for seven 2026 Peterbilt Model 520 rear-loader refuse trucks with McNeilus bodies, in an amount not to exceed $3,800,000.

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

Tuesday, September 30, 2025 AGENDA Page 6
Council Consent Items

11. Recreation and Community Facility Improvement Measures (Reviewed by the Facilities, Infrastructure, Transportation, Environment & Sustainability Policy Committee)
From: Councilmember Taplin (Author), Councilmember Bartlett (Co-Sponsor), Councilmember Tregub (Co-Sponsor), Councilmember Blackaby (Co-Sponsor) Recommendation: Refer to the City Manager the assessment of potential revenue measures to finance capital improvements for certain recreational and community- serving city facilities that have completed the conceptual or design phase and return to the city council with recommendations for placing such measures on the November 2026 midterm election ballot.

Policy Committee Recommendation: To send the item to Council with a positive recommendation.

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

12. Resolution Supporting California Proposition 50, the Election Rigging Response Act; Which Would Authorize California to Adopt Temporary Congressional Maps in Response to These Partisan Actions While Reaffirming the State’s Commitment to Independent, Non-partisan Redistricting By Preserving the Citizens Redistricting Commission for the Decennial Process After the 2030 Census
From: Councilmember Tregub (Author), Councilmember Lunaparra (Co- Sponsor), Councilmember Taplin (Co-Sponsor), Councilmember Blackaby (Co- Sponsor)
Recommendation: Adopt a Resolution supporting Proposition 50, the Election Rigging Response Act, which would authorize California to adopt temporary congressional maps in response to partisan mid-decade redistricting efforts in other states while preserving the independent Citizens Redistricting Commission for the 2030 census process.

Financial Implications: Staff time
Contact: Igor Tregub, Councilmember, District 4, (510) 981-7140

13. Berkeley Art Center’s Fall 2025 Community Dinner: Relinquishment of Budget Office Funds
From: Councilmember O'Keefe (Author), Mayor Ishii (Co-Sponsor) Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $500 per Councilmember – including $500 from Councilmember O’Keefe and $250 from Mayor Ishii – to the Berkeley Art Center (BAC), a 501(c)(3) non-profit organization, for their Fall 2025 Community Dinner, a fundraiser to support BAC’s artistic and cultural programming, and to welcome BAC’s new Executive Director, Gisela Insuaste, with funds relinquished to the City’s general fund for this purpose from the discretionary Council office budgets of Councilmember O’Keefe and Mayor Ishii, and from any other Councilmembers who would like to contribute. The event will take place on Thursday, October 16, 2025 at 6:00pm at the Berkeley Art Center.

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

Council Consent Items

Tuesday, September 30, 2025 AGENDA Page 7

14. Sacred Rest Drop-in Center Landline: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds
From: Councilmember Lunaparra (Author)
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $500 per Councilmember, including $500 from Councilmember Lunaparra’s discretionary fund and funds from any other Councilmembers who would like to contribute, to Village of Love for a landline at the Sacred Rest Drop-In Center with funds relinquished to the City’s general fund for this purpose.

Financial Implications: See report
Contact: Cecilia Lunaparra, Councilmember, District 7, (510) 981-7170

15. Refer to the City Manager in Collaboration with the City Attorney’s Office to Develop Proposed Increases to the Shared Micromobility Program Fees (Reviewed by the Facilities, Infrastructure, Transportation, Environment & Sustainability Policy Committee)
From: Councilmember Lunaparra (Author), Councilmember Blackaby (Co- Sponsor), Councilmember Humbert (Co-Sponsor), Councilmember Tregub (Co- Sponsor)
Recommendation: Refer to the City Manager in collaboration with the City Attorney’s Office to develop proposed increases to the shared micromobility program fees and return to Council within 120 days. The proposed amendments should evaluate adjustments to the following fee categories: Application fee; Operating fee; Fee per vehicle; Fee per ride.

Policy Committee Recommendation: To send the item to Council with a positive recommendation.

Financial Implications: See report
Contact: Cecilia Lunaparra, Councilmember, District 7, (510) 981-7170

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
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 their time to one other speaker, however no one speaker shall have more than four minutes. The Presiding Officer may, with the consent of persons representing both sides of an issue, allocate a block of time to each side to present their issue.

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

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.

Tuesday, September 30, 2025 AGENDA Page 8
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 each 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.

16. Changes to the Planning and Development Fee Schedule From: City Manager
Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution amending Resolution No. 71,834-N.S. to make revisions to the Land Use Planning section of the Planning and Development Department fee schedule, effective November 1, 2025, to add new fees for Zoning reviews of Middle Housing projects and for arborist consultations when required.

Financial Implications: See report
Contact: Jordan Klein, Planning and Development, (510) 981-7400

Action Calendar – New Business

17. Resolution Calling on the California State Legislature to Amend Government Code Section 12519 to Allow Heads of Civilian Oversight Agencies to Directly Request Investigative Assistance from the Attorney General’s Office From: Director of Police Accountability
Recommendation: Adopt a Resolution calling on the California State Legislature to Amend Government Code Section 12519 to allow heads of civilian oversight agencies to directly request investigative assistance from the Attorney General’s office.

Financial Implications: See report
Contact: Hansel Aguilar, Office of Director of Police Accountability, (510) 981-4950

18. Resolution Directing the City Manager to Work with the City Attorney’s Office to Establish a Communications Policy, Corresponding Training, and Compliance Mechanisms to Ensure Impartiality and Neutrality During the Pendency of an Active Personnel Investigation
From: Director of Police Accountability
Recommendation: Adopt a Resolution directing the City Manager to work with the City Attorney’s Office to establish a communications policy, corresponding training, and compliance mechanisms to ensure impartiality and neutrality during the pendency of an active personnel investigation.

Financial Implications: See report
Contact: Hansel Aguilar, Office of Director of Police Accountability, (510) 981-4950

Tuesday, September 30, 2025 AGENDA Page 9

Information Reports

19. Landmark Preservation Ordinance Notice of Decision: 2201-2205 Blake Street/#LMSAP2024-0004
From: City Manager
Contact: Jordan Klein, Planning and Development, (510) 981-7400

20. Landmark Preservation Ordinance Notice of Decision: 2939 Dwight Way/#LMIN2020-0007
From: City Manager
Contact: Jordan Klein, Planning and Development, (510) 981-7400

21. Audit Recommendation Status - Berkeley Police: Improvements Needed to Manage Overtime and Security Work for Outside Entities
From: City Manager
Contact: Jennifer Louis, Police, (510) 981-5900
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 l imited 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: berkeleyca.gov/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: berkeleyca.gov/council-agendas
and may be accessed at reference desks at the following locations:

Tuesday, September 30, 2025 AGENDA Page 10
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.

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 t he 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 September 18, 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.

Item #12: Resolution Supporting California Proposition 50, the Election Rigging Response Act; Which Would Authorize California to Adopt Temporary Congressional Maps in Response to These Partisan Actions While Reaffirming the State’s Commitment to Independent, Non-partisan Redistricting By Preserving the Citizens Redistricting Commission for the Decennial Process After the 2030 Census

1. Jack Kurzweil (2)

2. Melanie Lawrence and John Smail

Tuesday, September 30, 2025 AGENDA Page 11

3. Harriet Charney

Frontage Road

4. Debbie

BPD Radio Communications

5. Naveen Gattu

6. ScanBerkeley

Kaiser Midwives

7. Neel Arant

Marin Ave and Cragmont Ave Safety Concern

8. Robin McGill and Justin Wiley

9. Jennie Hicks & Ian Wulfson

FITES Support

10. John-Mario Arcilla Sevilla

Honey Bee Swarm Calls

11. Mateo Kaiser

Housing Concern

12. CRD Contract Center (3)

More Building in Berkeley

13. Lynn Cooper

Ohlone Greenway Modernization

14. Clifford Fred

Facilities Funding Measure

15. Gael Alcock

Parks Tax

16. Gael Alcock

Vacant, Blighted Properties

17. Ory Sandel

Harrison St.

18. David Lerman (2)

19. Peter Radu

2128 Oxford St.

20. Margots999

Tuesday, September 30, 2025 AGENDA Page 12
Mills Act

21. Jeffrey Baker

Health Concerns

22. Joel Eng

New Zoning

23. Foster Curry

24. Mandy Aftel

Affordable Housing for First Responders

25. David Lerman

Street Sweeping

26. David Lerman

Citation Appeal Response

27. David Weintraub

Berkeley Reparations Budget Allocation

28. Monique Allen

Civic Joy Fund

29. Eric Friedman

BPD Surveillance Cameras

30. Taj Herzer-Baptiste

Draft Bicycle Plan

31. Henry DeNero on behalf of the Berkeley FireSafe Council

Exhibit Opening and Proclamation

32. Clementina Duron and Beatriz Leyva-Cutler

Construction Settlement/Repairs

33. Hector91 Phuentes (8)

34. Cindy Morgan

35. John Dunlap

Formal Complaint

36. Littleton S. Irby

37. Melanie E. Beasley (2)

38. Scott Gilman

39. Christina Pallmann

Recertification Concern

40. Hector91 Phuentes

Tuesday, September 30, 2025 AGENDA Page 13

Renovation Scheduling

41. Alexander Merenkov (4)

Forwards

42. Russbumper

Middle East Conflict

43. Jack Kurzweil

44. Russbumper

45. Nicoletta Karam (2)

46. Liz Bernstein

E-Scooters & E-Bikes

47. Carol Denney

48. Summer Brenner

49. John Harris

50. Rebecca Dahlberg

51. Melanie Lawrence & John Smail

52. Robert Borghese

Newsletter

53. Berkeley Art Center

54. Downtown Berkeley Association

SB79

55. John Rice

URL’s

56. Russbumper (3)

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.

Ordinance No. 7,984-N.S. Page 1 of 7
ORDINANCE NO. 7,984-N.S.

ADDING BERKELEY MUNICIPAL CODE CHAPTER 13.114 TO CODIFY THE CITY’S

LONGSTANDING SANCTUARY POLICY
BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1: That the Berkeley Municipal Code shall be amended to add Section 13.114 to read as follows:

Chapter 13.114

SANCTUARY CITY ORDINANCE
Sections:

13.114.010 - Findings and Declarations

13.114.020 - Definitions

13.114.030 - Prohibition on Use of City Resources

13.114.040 - Reporting and Transparency

13.114.050 - Exceptions to Prohibitions; Ordinance Not to Conflict with Federal Law.

13.114.060 - Enforcement; No Private Right of Action

13.114.070 - Severability

13.114.080 - Superseding of Prior Resolutions

13.114.090 - Effective Date

13.114.010 City Council Findings and Declarations
A. The City of Berkeley is home to people of diverse racial, ethnic, and national backgrounds, including a large immigrant population.

B. Immigrants are valuable and essential members of the City of Berkeley community.

C. A relationship of trust between the City of Berkeley’s immigrant community and the City of Berkeley, its departments, programs, and personnel is central to the public safety of Berkeley residents.

D. This trust is threatened when state and local agencies are entangled with federal immigration enforcement, with the result that immigrant community members may

01

Ordinance No. 7,984-N.S. Page 2 of 7
fear approaching police when they are victims of or witnesses to crimes, or may fear seeking basic health services or attending school, to the detriment of public safety and the well-being of all Berkeley residents.

E. Entangling state and local agencies with federal immigration enforcement programs diverts already limited resources and blurs the lines of accountability between local, state, and federal governments.

F. Multiple studies have proven that jurisdictions that do not assist in immigration enforcement are safer and economically more prosperous compared to other jurisdictions – including a 2017 report by the Center for American Progress that shows on average there are 35.5 fewer crimes committed per 10,000 people in sanctuary jurisdictions, the average annual income is $4,353 higher, the poverty rate is 2.3% lower, and unemployment is 1.1% lower.

G. The City of Berkeley was the first City in the Nation to declare itself a City of Refuge in 1971 for Vietnam War conscientious objectors (Resolution 44,784-N.S.). In 1986, the City became a City of Refuge for immigrants who sought sanctuary in Berkeley religious institutions (Resolution No. 52,596-N.S.). The City reaffirmed its City of Refuge status in 2007 (Resolution No. 63,711-N.S.), 2015 (Resolution No. 67,325-N.S.), 2016 (Resolution No. 67,598-N.S. & No. 67,763-N.S.), 2017 (Resolution No. 68,131-N.S.), and most recently, 2025 (Resolution No. 71,658- N.S.). Berkeley was also the first City to support the “New Border Vision,” in 2020, to encourage Congress to expand public safety, protect human rights, and welcome people to our communities.

H. The City now wishes to enact an ordinance consistent with Resolution No. 71,658 and its longstanding sanctuary policy and status as a City of Refuge.

13.114.020 Definitions.

For purposes of this Chapter, the following words and phrases are defined as follows:

A. “Citizenship or Immigration Status” means all information regarding citizenship of the United States or any other country, the authority to reside in or otherwise be present in the United States, including visa status, and/or the time or manner of a person’s entry into the United States.

Ordinance No. 7,984-N.S. Page 3 of 7
B. “City” means the City of Berkeley.

C. “City Agency” means every City department, agency, division, commission, council, committee, board, other body, or person established by authority of voter initiative, ordinance, Charter, executive order, or City Council order.

D. “City Personnel” means all persons employed by, appointed by, or serving any City Agency, including through a contract for services.

E. “City Resources” means City funds, facilities, property, equipment, or personnel.

F. “Immigration Authority” means any person or agency engaging in “Immigration Enforcement,” including but not limited to the U.S. Department of Homeland Security or its component agencies, U.S. Immigration and Customs Enforcement, U.S. Customs and Border Protection, or U.S. Citizenship and Immigration Services.

G. “Immigration Enforcement” means (1) any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal civil immigration law against natural persons, including but not limited to efforts to require the registration of individuals based on their Citizenship or Immigration Status; or (2) any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal criminal immigration law that penalizes a natural person’s presence in, entry to, reentry to, or employment in, the United States or failure to register based on their Citizenship or Immigration Status.

H. “Protected Personal Information” means any information that identifies, relates to, describes, or is capable of being associated with a particular individual, including but not limited to a person’s name, birthdate, Social Security Number or Individual Taxpayer Identification Number, telephone number, home or work address, driver’s license number, place of birth, or biometric information.

13.114.030 Prohibition on Use of City Resources.

The following restrictions on the use of City Resources shall apply relating to Immigration Enforcement:

A. No City Agency or Personnel shall use any City Resources to assist any Immigration Authority with Immigration Enforcement.

Ordinance No. 7,984-N.S. Page 4 of 7
B. No City Agency or Personnel shall deny access to any City services or benefits to residents based on Citizenship or Immigration Status.

C. The prohibitions set forth in 13.114.030 (A) and (B) shall include but not be limited to:

1. Assisting or cooperating with any Immigration Authority’s investigation, detention, or arrest relating to Immigration Enforcement, including but not limited to any such actions in schools, after-school programs, hospitals, health centers, places of worship, non-profits, or city vendors, whether such actions are public or clandestine;

2. Identifying, investigating, interrogating, arresting, transferring, detaining, or continuing to detain a person for a purpose relating to Immigration Enforcement;

3. Inquiring into, requesting, or collecting information about the Citizenship or Immigration Status, country of origin, nationality, or place of birth of any individual, unless that information is required (i) to provide a City service or (ii) for City employment verification;

4. Disseminating or disclosing Protected Personal Information to Immigration Authorities in connection with Immigration Enforcement without a valid judicial warrant or subpoena issued by a court of competent jurisdiction;

5. Complying with any civil immigration warrant or request to detain, transfer, or notify any federal authority about the release of any individual;

6. Making individuals in City custody available to Immigration Authorities for interviews;

7. Performing any functions of an immigration officer pursuant to Section 1357(g) of Title 8 of the United States Code;

8. Consenting to an Immigration Authority’s search of non-public areas of City property or non-public records, absent a valid judicial warrant or judicial subpoena issued by a court of competent jurisdiction.
a. City Agency or Personnel shall immediately notify their supervisor of any request by an Immigration Authority to access any non-public City property or records.

Ordinance No. 7,984-N.S. Page 5 of 7
D. No City Agency or Personnel shall refer a person asking questions about their own Citizenship or Immigration Status to an Immigration Authority or any other government agency. Instead, the City Agency or Personnel shall refer such individuals to local non-profit immigration law organizations. A list of such organizations shall be compiled and disseminated at City buildings and on the City’s website.

13.114.040 Reporting and Transparency.

A. City Agencies shall document in writing all requests for information or assistance (1) made by a City Agency or Personnel to an Immigration Authority; or (2) received by a City Agency or Personnel from an Immigration Authority, if the City Agency or Personnel responded to the request. The requests that must be documented under this section include, but are not limited to, requests for immigration detainers, transfers, interviews, interrogations, notifications, Protected Personal Information, or the Citizenship or Immigration Status of any individual.

B. The documentation shall include but not be limited to the date, job title of requester or person to whom request was made, agency of requester or to which request was made, nature of the information disclosed or sought, a copy of a warrant, if any, and the response to the request, if any.

C. City Agencies shall maintain these records for two years and make them available to the City Manager or City Attorney upon request.

D. All City Agencies shall report in writing to the City Council any request described in subsection A within ten (10) business days of the request, with instruction to report such request as an Information Item on the next available agenda for a regular meeting of the City Council. The Berkeley Police Department shall include an aggregated annual summary of requests reported to City Council in its regular Annual Report.

E. The Information Item described in subsection D shall include all the information listed in subsection B; however, it shall be redacted as necessary to avoid compromising an active investigation or invading the privacy of any individual, consistent with the California Public Records Act.

Ordinance No. 7,984-N.S. Page 6 of 7

13.114.050 Exceptions to Prohibitions; Ordinance Not to Conflict with Federal Law.

The prohibitions in Section 13.114.030 of this Ordinance shall not apply where the individual to whom such information pertains provides his or her consent (or if such individual is a minor, the consent of that person’s parent or guardian), where the information or disclosure is necessary to provide a City service, or where otherwise required by state or federal law, including but not limited to Section 1373 of Title 8 of the U.S. Code.

13.114.060 Enforcement; No Private Right of Action.

A. In undertaking the adoption and enforcement of Chapter 13.114, the City is assuming an undertaking only to promote the general welfare. This Chapter is not intended to create any new rights for breach of which the City is liable in money damages to any person who claims that such breach proximately caused injury.

This section shall not be construed to limit or proscribe any other existing rights or remedies possessed by such person.

B. This Chapter shall be implemented and overseen through existing administrative policies and procedures applicable to City operations and services.

C. The City Manager may establish rules and regulations governing the implementation of this Chapter, including but not limited to rules governing the reporting of violations of Section 13.114.030.

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

Ordinance No. 7,984-N.S. Page 7 of 7

13.114.080 Superseding of Prior Resolutions.

This Chapter shall supersede Resolution Nos. 44,784-N.S., 52,596-N.S., 63,711-N.S., 67,325-N.S., 67,598-N.S., 67,763-N.S., 68,131-N.S., and 71,658-N.S., to the extent there is a conflict between the provisions of these Resolutions and the provisions of this Chapter.

13.114.090 Effective Date.

This ordinance shall become effective thirty (30) days after its adoption.

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.

At a regular meeting of the Council of the City of Berkeley held on September 9, 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.

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
September 30, 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 July 8, 2025 (regular), July 22, 2025 (closed and regular), July 23, 2025 (regular), and July 29, 2025 (special and regular).

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

1. July 8, 2025 – Regular City Council Meeting

2. July 22, 2025 – Special Closed City Council Meeting

3. July 22, 2025 – Regular City Council Meeting

4. July 23, 2025 – Regular City Council Meeting

5. July 29, 2025 – Special City Council Meeting

6. July 29, 2025 – Regular City Council Meeting

02

Tuesday, July 8, 2025 MINUTES Page 1

MINUTES

BERKELEY CITY COUNCIL MEETING
Tuesday, July 8, 2025
6:00 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702 TELECONFERENCE LOCATION - MESRUTIYET CAD. NO:52 TEPEBASI 34430

ISTANBUL, TURKEY

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/1600604713. 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: 160 060 4713 . 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 $500 within the prior 12 months to any City employee or officer. Parties and participants with a financial interest are prohibited from making more than $500 in contributions to a decisionmaker for the 12 months after the final decision is rendered on the proceeding.

The above contribution disclosures and restrictions do not apply when the proceeding is competitively bid, or involves a personnel or labor contract. For more information, see Government Code Section 84308.

Attachment 1

Tuesday, July 8, 2025 MINUTES Page 2
Preliminary Matters
Roll Call: 6:06 p.m.

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

Absent: Blackaby
Councilmember Blackaby present at 7:04 p.m.

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 Disability Pride Month, July 2025

2. Recognition of National Breast Feeding Month, August 2025 City Manager Comments:

1. The City Manager requested that as part of the action on Item 20, an item be added to the July 22, 2025 regular meeting agenda to hold a public hearing on the intent to vacate a portion of Carleton Street.

Public Comment on Non-Agenda Matters: 10 speakers.

Public Comment by Employee Unions (first regular meeting of the month): 1 speaker.

Consent Calendar
Public Comment on Consent Calendar and Information Items Only: 37 speakers.

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

Vote: All Ayes.

Consent Calendar – Continued Business
Tuesday, July 8, 2025 MINUTES Page 3
A. Zoning Ordinance and General Plan Amendments Relating to Middle Housing (Continued from June 26, 2025)
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,978-N.S. amending Berkeley Municipal Code Title 23 (Zoning Ordinance) and the Zoning Map, for the purposes of encouraging development of “middle housing” in areas currently zoned R-1, R-1A, R-2, R-2A and MU-R (“low-density residential districts”), with an effective date of November 1, 2025.

First Reading Vote: All Ayes.

Financial Implications: See report
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: Adopted second reading of Ordinance No. 7,978–N.S., including supplemental material received from the City Manager in Supplemental Communications Packet 2.

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: Adopt second reading of Ordinance No. 7,974–N.S to amend the Ordinance Prohibiting the Sale or Use of Coordinated Pricing Algorithms (BMC

13.63) to suspend the effective date until March 1, 2026.

First Reading Vote: All Ayes.

Financial Implications: See report
Contact: Farimah Brown, City Attorney, (510) 981-6998
Action: Adopted second reading of Ordinance No. 7,974–N.S.

2. FY 2026 Tax Rate: Fund Fire Protection and Emergency Response and Preparedness (Measure GG)
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,975–N.S. 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.

First Reading Vote: All Ayes.

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Adopted second reading of Ordinance No. 7,975–N.S.

Consent Calendar
Tuesday, July 8, 2025 MINUTES Page 4

3. FY 2026 Tax Rate: Fund Firefighting, Emergency Medical Response and Wildfire Prevention (Measure FF)
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,976–N.S. 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.

First Reading Vote: All Ayes.

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Adopted second reading of Ordinance No. 7,976–N.S.

4. FY 2026 Annual Appropriations Ordinance
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,977–N.S. adopting the FY 2026 Annual Appropriations Ordinance (AAO) in the amount of $829,213,359 (gross appropriations) and $687,764,462 (net appropriations).

First Reading Vote: All Ayes.

Financial Implications: See report
Contact: Paul Buddenhagen, City Manager, (510) 981-7000 Action: Adopted second reading of Ordinance No. 7,977–N.S.

5. At-Will Designation: Assistant City Attorney
From: City Attorney
Recommendation: Adopt (1) first reading of an Ordinance amending Berkeley Municipal Code Section 4.04.120(A) to designate the unrepresented classification of Assistant City Attorney as at-will and adopt a Resolution amending the Unrepresented Employee Manual and all other pertinent documents to effectuate the change.

Financial Implications: None
Contact: Farimah Brown, City Attorney, (510) 981-6950
Action: Adopted first reading of Ordinance No. 7,979–N.S. Second reading scheduled for July 22, 2025. Adopted Resolution No. 71,864–N.S.

Consent Calendar
Tuesday, July 8, 2025 MINUTES Page 5

6. Contracts for Financial Consulting Services
From: City Manager
Recommendation: Adopt three Resolutions authorizing the City Manager to approve contracts and any amendments with the following firms that provide temporary governmental financial consulting services as required by the Finance Department.

1. Contract No. 32200214 Amendment: RLH & Associates. in an amount not to exceed $300,000; and

2. Contract No. 32500185 Amendment: Ezer Consulting, LLC in an amount not to exceed $150,000; and

3. Contract: GD Financials in an amount not to exceed $150,000 Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Adopted Resolution No. 71,865–N.S. (RLH & Associates), Resolution No. 71,866–N.S. (Ezer Consulting), Resolution No. 71,867–N.S. (GD Financials).

7. Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on July 8, 2025
From: City Manager
Recommendation: Approve the request for proposals or invitation for bids 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.

8. Grant Application: California Fire Safe Council (CFSC) Grant to Continue Funding an Alameda County Coordinator
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or his designee to apply for and accept a grant, and any amendments for not more than $225,000 per year in Fiscal Year (FY) 25, FY26 and FY27, from the California Fire Safe Council (CFSC) Grant to contract a county coordinator to serve Alameda County communities, provide resources and education on wildfire safety, promote collaboration, assist local groups with funding opportunities, and aid multi- jurisdictional planning.

Financial Implications: See report
Contact: David Sprague, Fire, (510) 981-3473
Action: Adopted Resolution No. 71,868–N.S.

Consent Calendar
Tuesday, July 8, 2025 MINUTES Page 6

9. Amend SEIU-CSU MOU Exhibits A-D with Updated Hourly Pay Rates From: City Manager
Recommendation: Adopt a Resolution amending the Service Employees International Union (SEIU) Local 1021, Service Employees International Union Local 1021 Community Services & Part-Time Recreation Leaders Association (“Union”) Memorandum of Understanding (“MOU”) Exhibits A, B, C, and D (Salary Ranges) with updated hourly pay rates.

Financial Implications: See report
Contact: Janelle Rodrigues, Human Resources, (510) 981-6800 Action: Adopted Resolution No. 71,869–N.S.

10. Amend SEIU-MC Section 32 Probationary Period for Public Safety Dispatcher I and Public Safety Dispatcher II
From: City Manager
Recommendation: Adopt a Resolution amending the Service Employees International Union (SEIU) Local 1021, Maintenance and Clerical (“Union”) Memorandum of Understanding (“MOU”) Section 32 Probationary Period for Public Safety Dispatcher I (“PSD I”) and Public Safety Dispatcher II (“PSD II”).

Financial Implications: See report
Contact: Janelle Rodrigues, Human Resources, (510) 981-6800 Action: Adopted Resolution No. 71,870–N.S.

11. Construction Contract: Team Ghilotti for the South Cove West Lot Repaving Project
From: City Manager
Recommendation: Adopt a Resolution: 1. Approving the plans and specifications for the rescoped South Cove West Lot Repaving Project (Bid Specification No. 25- 11687-C); and 2. Accepting the bid of TEAM GHILOTTI as the lowest responsive and responsible bidder on the Project; and 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 approved plans and specifications, with TEAM GHILOTTI, for the South Cove West Lot Repaving Project, in an amount not to exceed $1,884,641, which includes a contract amount consisting of base bid of $1,667,141, additive alternative A2 in the amount of $50,500, and a 10% contingency in the amount of $167,000.

Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 71,871–N.S.

Consent Calendar
Tuesday, July 8, 2025 MINUTES Page 7

12. Lease Amendment with Yoonaco, Inc. (Hana Japan) at 235 University Avenue From: City Manager
Recommendation: Adopt first reading of an Ordinance amending the City’s improved property lease with Yoonaco, Inc. (Hana Japan) for property at 235 University Ave to extend the initial lease term through June 30, 2026, replace the five-year extension option with a one-year extension option, maintain the rent at the current rate of $7,868 per month for the lease term, and remove the daily operating requirement for the first floor of the property.

Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted first reading of Ordinance No. 7,980–N.S. Second reading scheduled for July 22, 2025.

13. Contracts for Plan Checking Services
From: City Manager
Recommendation: Adopt three Resolutions authorizing the City Manager to execute contracts and any amendments for plan checking services for three-year terms with the following firms:

1. Coastland | DCCM for an amount not to exceed $1,000,000

2. Telesis Engineers for an amount not to exceed $1,500,000

3. West Coast Code Consultants for an amount not to exceed $2,000,000 Financial Implications: See report
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: Adopted Resolution No. 71,872–N.S. (Coastland | DCCM), Resolution No. 71,873–N.S. (Telesis Engineers), Resolution No. 71,874–N.S. (West Coast Code).

14. Contract No. 32810081 Amendment: FirstCarbon Solutions, Inc. for California Environmental Quality Act Compliance for the Solid Waste & Recycling Transfer Station Replacement Project
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend the existing contract with FirstCarbon Solutions, Inc. for the Solid Waste & Recycling Transfer Station Replacement Project compliance with the California Environmental Quality Act. The Contract will be increased from $650,000 to $725,000.

Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300
Action: Adopted Resolution No. 71,875–N.S.

Consent Calendar
Tuesday, July 8, 2025 MINUTES Page 8

15. Contracts: Don’s Tire Service Inc. and Morgan Tire of Sacramento Inc.

From: City Manager
Recommendation: Adopt two Resolutions authorizing the City Manager to:

1. Execute a contract with any amendments with Don’s Tire Service Inc. to provide tire services for a three-year period from August 1, 2025, to August 1, 2028, in an amount not to exceed $400,000, with an option to extend for two additional one-year terms, with service rates to be adjusted annually in accordance with the Consumer Price Index.

2. Execute a contract with any amendments with Morgan Tire of Sacramento Inc. to provide tire services for a three-year period from August 1, 2025, to August 1, 2028, in an amount not to exceed $400,000, with an option to extend for two additional one-year terms, with service rates to be adjusted annually in accordance with the Consumer Price Index.

Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300
Action: Adopted Resolution No. 71,876–N.S. (Don’s Tire Service), Resolution No. 71,877–N.S. (Morgan Tire).

16. Contract: Kept Companies Inc. dba Fleetwash Inc. for Vehicle Washing Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Kept Companies Inc., dba Fleetwash Inc., to provide vehicle washing services for a three-year period from July 1, 2025 to July 1, 2028 in an amount not to exceed $300,000, with an option to extend for two additional one-year terms with service rates to be adjusted annually in accordance with the Consumer Price Index.

Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300
Action: Adopted Resolution No. 71,878–N.S.

17. Contract: Kerex Engineering, Inc. for FY 2025 Drainage Improvements (Specification No. 23-11561-C & 25-11677-C)
From: City Manager
Recommendation: Adopt a Resolution:

1. Approving plans and specifications for the FY 2025 Drainage Improvements Project;

2. Accepting the bid of Kerex Engineering, Inc. as the lowest responsive and responsible bidder; and

3. Authorizing the City Manager to execute a contract and any amendments, extensions, or other change orders until project completion, in accordance with the approved plans and specifications in an amount not to exceed $4,397,236.

Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300
Action: Adopted Resolution No. 71,879–N.S.

Consent Calendar
Tuesday, July 8, 2025 MINUTES Page 9

18. Contract: Technology, Engineering, and Construction, Inc. for Tank Maintenance, Repairs, and Certification Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a three-year contract and any amendments with Technology, Engineering, and Construction, Inc. doing business as TEC Accutite, to provide underground and aboveground tank maintenance and certification at various City facilities and locations for a total not to exceed of $200,000 for a three-year term with an option of two one-year extensions, for a maximum term of five years.

Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300
Action: Adopted Resolution No. 71,880–N.S.

19. Contract: United Storm Water, Inc. for On-Call Storm Water Maintenance From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a three-year contract and any amendments with United Storm Water Inc. to provide on-call stormwater maintenance at various City facilities and locations for a total not to exceed of $200,000, with an option of two one-year extensions, for a maximum term of five years.

Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300
Action: Adopted Resolution No. 71,881–N.S.

20. Intent to Vacate A Portion of Carleton Street From Westerly Terminus Extending 381.23 Feet Easterly
From: City Manager
Recommendation: Adopt a Resolution declaring intent to vacate a 381.23-linear- foot (27,449 square foot) portion of the public right-of-way on Carleton Street, located at the westerly terminus of Carleton Street, and conveying the City's interests in the vacated right of way to Bayer Healthcare LLC ("Bayer") for the purposes of relieving the City of associated maintenance costs and improving Bayer’s site circulation and security.

Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300
Action: Adopted Resolution No. 71,882–N.S. and added an item to the July 22, 2025 meeting agenda to hold a public hearing on the intent to vacate a portion of Carleton Street from westerly terminus extending 381.23 feet easterly.

Consent Calendar
Tuesday, July 8, 2025 MINUTES Page 10

21. Purchase Order: SCL, Safety-Kleen Systems Inc. and Lube Buster Inc. for Vehicle Lubricant Materials
From: City Manager
Recommendation: Adopt three Resolutions authorizing the City Manager to:

1. Execute a purchase order with SCL to provide vehicle lubricant materials for a three-year period from August 1, 2025 to August 1, 2028, in an amount not to exceed $140,000 with an option to extend for two additional one-year terms, with an annual service rates to be adjustment in accordance with the Consumer Price Index.

2. Execute a purchase order with Safety-Kleen Systems Inc. to provide vehicle lubricant materials for a three-year period from August 1, 2025 to August 1, 2028, in an amount not to exceed $140,000 with an option to extend for two additional one- year terms, with an annual service rates adjustment in accordance with the Consumer Price Index.

3. Execute a purchase order with Lube Buster Inc. to provide vehicle lubricant materials for a three-year period from August 1, 2025 to August 1, 2028 in an amount not to exceed $140,000, with an option to extend for two additional one-year terms, with an annual rates adjustment in accordance with the Consumer Price Index.

Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300
Action: Adopted Resolution No. 71,883–N.S. (SCL), Resolution No. 71,884–N.S. (Safety-Kleen), Resolution No. 71,885–N.S. (Lube Buster).

22. Reinstating Street Sweeping on the 2900 Block of Regent Street From: City Manager
Recommendation: Adopt a Resolution to reinstate mechanical street sweeping on the 2900 block of Regent Street, between Russell Street and Webster Street, in response to a community member petition per recommendation by the City’s Transportation and Infrastructure Commission.

Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300
Action: Adopted Resolution No. 71,886–N.S.

23. Appointment of Patricia Fontana-Narell to the Mental Health Commission From: Mental Health Commission
Recommendation: Adopt a Resolution approving the recommendation for appointment of Patricia Fontana-Narell to the Mental Health Commission. Patricia Fontana-Narell will be a representative of the Special Public Interest Category, family member, beginning her 3-year term on July 9, 2025 and end on July 8, 2028.

Financial Implications: None
Contact: Jamie Works-Wright, Commission Secretary, (510) 981-5400 Action: Adopted Resolution No. 71,887–N.S.

Council Consent Items
Tuesday, July 8, 2025 MINUTES Page 11

24. Letter in Support of Continued Funding for Berkeley From: Councilmember Taplin (Author), Councilmember Blackaby (Co- Sponsor), Councilmember Tregub (Co-Sponsor), Mayor Ishii (Co-Sponsor) Recommendation: Adopt a letter in support of expanding funding for the Berkeley Rides for Seniors & The Disabled (BRSD) to continue open enrollment for Berkeley residents and distribute to Supervisor Nikki Fortunato Bas.

Financial Implications: None
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120 Action: Approved recommendation.

25. Port Chicago Alliance: Relinquishment of Council Office Budget Funds from General Funds and Grant of Such Funds
From: Councilmember Taplin (Author)
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $500 per Councilmember, including $500 from Councilmember Taplin, to support the Port Chiacgo Alliance in celebration and execution of Port Chicago Remembrance Weekend.

Financial Implications: See report
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120 Action: Councilmembers Humbert, Bartlett, and Tregub added as co-sponsors.

Adopted Resolution No. 71,888–N.S. revised to include contributions from the following Councilmembers up to the amounts listed: Councilmember Humbert - $250; Councilmember Lunaparra - $250; Councilmember Kesarwani - $100; Councilmember O’Keefe - $250; Councilmember Tregub - $100; Councilmember Bartlett - $250; Mayor Ishii - $250.

Recess 7:55 – 8:00 p.m.

Action Calendar – Public Hearings
Tuesday, July 8, 2025 MINUTES Page 12

26. Zoning Ordinance Amendments to Title 23 of the Berkeley Municipal Code for Consistency with State Law and Technical Edits (SLTE 2025) From: City Manager
Recommendation: Conduct a public hearing and upon conclusion, adopt the first reading of an Ordinance amending the following sections of the Berkeley Municipal Code (BMC) to maintain consistency and accuracy:

3.24.110 Landmarks, historic districts and structures of merit- Designation – Criteria for consideration

23.106.030 Floor Area, Gross

23.202.030 Additional Permit Requirements (Residential)

23.204.030 Additional Permit Requirements (Commercial Districts)

23.206.030 Additional Permit Requirements (Manufacturing Districts)

23.302.020 General Use Regulations

23.304.070 Unenclosed Accessory Structures in Residential Districts

23.326.030 Demolition of Residential Units

23.326.050 Demolition of Accessory Buildings

23.326.070 Demolition of Non-Residential Buildings
Financial Implications: None
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Public Testimony: The Mayor opened the public hearing. 0 speakers.

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

Vote: All Ayes.

Action: M/S/C (Tregub/O’Keefe) to adopt first reading of Ordinance No. 7,981–N.S.

Second reading scheduled for July 22, 2025.

Vote: All Ayes.

27. ***Removed from the Agenda by the City Manager*** Approval and Levy of 2018 Clean Stormwater Fee in FY 2026
From: City Manager
Contact: Terrance Davis, Public Works, (510) 981-6300
Public Comment – Items Not Listed on the Agenda - 0 speakers.

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

Vote: All Ayes.

Adjourned at 8:08 p.m.

Tuesday, July 8, 2025 MINUTES Page 13
I hereby certify that the foregoing is a true and correct record of the regular meeting held on July 8, 2025.
________________________
Rose Thomsen, Deputy City Clerk
Communications
Daylighting

1. Mark Brucker
SB 692

2. Molly Miller
Escalation Request

3. Ahmed Elghiyati (2)
Further Building

4. Kit Vanbuskirk
Measure FF

5. Commission on Aging
Platform Screen Doors

6. June Ruyle
EMBER

7. Kelly Kenny

8. Berkeley FireSafe Council

9. Barbara Freeman (2)
New Parking Meters

10.Judith L. Bloom
AC Transit Feedback

11.Omowale Fowles
Wyman’s Jewelz

12.Ivory Lewis
39th Annual Berkeley Juneteenth Festival

13.Delores Nochi Cooper
Formal Complaint

14.Jamie Passanisi

Tuesday, July 8, 2025 MINUTES Page 14
Kala Art Institute

15.Ellen Lake
Ohlone Park

16.Nicolas Alexander

17.Sahil Shah

18.Erik Dreher

19.Kristin Leimkuhler

20.Bonnie Borucki

21.Ellen Lewis

22.Isaac Nicholson

23.Rebecca Wolf-Prusan

24.James Loza

25.Dan Cutter
Encampents

26.Molly Miller

27.Stephen Most

28.Eric Friedman

29.Elana Auerbach
Homelessness Concerns

30.David Freeling
Streets, Bikes, Bollards, Etc.

31.Diana

32.Shirley Kirsten (3)

33.Nicole Adams

34.Ciara Corrales
Safety Concerns

35.Sheila Goldmacher

36.James McFadden

37.Paola Laverde
Model House

38. Gael Alcock (2)
Cannabis Tax

39.Jim Wilk (2)
Children’s Hospital Oakland

40.Aladrian Hillmon
Fuel Break

41.Bob Flasher
Ashby BART Housing

Tuesday, July 8, 2025 MINUTES Page 15

42.Gregory Kalkanis
Spam Concern

43.Amina & Chris
Traffic Laws

44.Molly Reno
Protest Concern

45.Raymond Barglow (2)
Public Facilities

46.Lori Roth

47.Leon Berkowitz
Venture Capital

48.David Lerman
Youth Advisory Collective

49.Layla Jurow
RV Regulations

50.Eric Friedman
Homeless Policy Concern

51.David Lerman
E-Scooter

52.Robert Borghese (9)
URL’s

53.Barbara Freeman
Supplemental Communications and Reports 1
Item #A: Zoning Ordinance and General Plan Amendments Relating to Middle Housing (Continued from June 26, 2025)

54.Gabriel Abud

55.Melanie Lawrence & John Smail

56.Theo Gordon

57.Tristan Meyer

58.Susan Taylor

59.Clifford Fred

60.Kamala Visweswaran

61.Margot Smith

62.Lisa Grosch

63.Janeece Cristales

Tuesday, July 8, 2025 MINUTES Page 16

64.4 Similarly worded form letters “I support…”

65.9 Similarly worded form letters “As a committed supporter…” Supplemental Communications and Reports 2
Item #A: Zoning Ordinance and General Plan Amendments Relating to Middle Housing (Continued from June 26, 2025)

66.Supplemental agenda material submitted by the Planning and Development Department

67.Victor Ichioka

68.Andy Kivel

69.Claire Kahane

70.Rick Smith

71.Mimi Moungovan

72.Tony Corman

73.David Simpson

74.Vicki Sommer

75.Diana Rossi

76.Dean Metzger (2)

77.Eduardo Teixeira

78.Carol Hirth

79.Constance Rivemale

80.Councilmember Rashi Kesarwani

81.Irene Rice

82.Donna DeDiemar

83.Pam Zelnik

84.Anne Weinberger

85.Mary Lee Noonan

86.Diane Sosnoski

87.Leila Moncharsh and Isaac Warshauer on behalf of the Berkeley Architectural Heritage Association Preservation Committee

88.Dona Bretherick
Supplemental Communications and Reports 3
Item #A: Zoning Ordinance and General Plan Amendments Relating to Middle Housing (Continued from June 26, 2025)

89.Laura Klein

90.Judy Bebelaar

91.Peggy Radel

92.Janice Schroeder

93.Mara Gutierrez

94.May Palmer

95.Chris Konnerth

96.Katherine Ramage

97.David Rice

98.Dr. Bruce Feingold (2)

99.Rebecca Tuden

Tuesday, July 8, 2025 MINUTES Page 17
100. Robert Godes (2)
101. Christina Vecchiato
102. David Meyer
103. David A. Coolidge (2)
104. John Oram
105. Tamara Birdsall
106. Crystal Brunzell
107. Alison Lingo
108. Mary Staats
109. Summer Brenner
110. Isaac Warshauer
111. Susan McKearnan
112. Kristine Fowler
113. Stephanie Thomas
114. Darlene Pratt
115. Grace Munakata
116. Scott Hambly (2)
117. John Smail & Melanie Lawrence
118. Dolores Konn
119. Fred Krieger
120. Marjorie Winter
121. Darrell Owens
122. Diane Sosnoski
123. Bailey Smith (2)
124. Joel Myerson (2)
125. Madeleine Feingold
126. Doris Fulder
127. Raissa Lerner
128. Micky Duxbury
129. Tobey M. Wiebe
130. S. Entwistle
131. Donna DeDiemar on behalf of Rob Wrenn
132. Margaret Torn (3)
133. Erin Diehm (2)
134. Christopher Hamilton (2)
Action Calendar
Item #26: Zoning Ordinance Amendments to Title 23 of the Berkeley Municipal Code for Consistency with State Law and Technical Edits (SLTE 2025) 135. Presentation submitted by the Planning Department

Tuesday, July 22, 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, JULY 22, 2025
5:30 P.M.

SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702 TELECONFERENCE LOCATION - 5617 NW JETTY AVE, LINCOLN CITY, OR 97367 TELECONFERENCE LOCATION - MARINA DEL SOL C-202, IXTAPA, ZIHUATANEJO DE AZUETA, 40884, GUERRERO, MÉXICO
TELECONFERENCE LOCATION - TÜRKMEN MAH. ÜNLÜ SOK. NO. 6 KUŞADASI, AYDIN, TÜRKIYE

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.

To access the meeting remotely use this URL: https://cityofberkeley-info.zoomgov.com/j/1612349631. 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: 161 234 9631. 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 $500 within the prior 12 months to any City employee or officer. Parties and participants with a financial interest are prohibited from making more than $500 in contributions to a decisionmaker for the 12 months after the final decision is rendered on the proceeding.

The above contribution disclosures and restrictions do not apply when the proceeding is competitively bid, or involves a personnel or labor contract. For more information, see Government Code Section 84308.

Attachment 2

Tuesday, July 22, 2025 MINUTES Page 2
Preliminary Matters
Roll Call: 5:42 p.m.

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

Absent: Bartlett
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, Shana Amenaghawon, Interim Budget Manager, Janelle Rodrigues, Human Resources Director, Monica Walker, Human Resources Manager, 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.

OPEN SESSION:

No reportable action taken.

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

Votes: Ayes – Kesarwani, Taplin, Tregub, O’Keefe, Blackaby, Lunaparra, Humbert, Ishii.

Noes – None; Abstain – None; Absent – Bartlett.

Adjourned at 6:10 p.m.

I hereby certify that the foregoing is a true and correct record of the closed session meeting held on July 22, 2025.
________________________
Mark Numainville, City Clerk

Tuesday, July 22, 2025 MINUTES Page 1

MINUTES

BERKELEY CITY COUNCIL MEETING
Tuesday, July 22, 2025
6:00 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702 TELECONFERENCE LOCATION - 5617 NW JETTY AVE, LINCOLN CITY, OR 97367 TELECONFERENCE LOCATION - MARINA DEL SOL C-202, IXTAPA, ZIHUATANEJO DE AZUETA, 40884, GUERRERO, MÉXICO
TELECONFERENCE LOCATION - TÜRKMEN MAH. ÜNLÜ SOK. NO. 6 KUŞADASI, AYDIN, TÜRKIYE

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/1602078591. 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: 160 207 8591 . 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 $500 within the prior 12 months to any City employee or officer. Parties and participants with a financial interest are prohibited from making more than $500 in contributions to a decisionmaker for the 12 months after the final decision is rendered on the proceeding.

The above contribution disclosures and restrictions do not apply when the proceeding is competitively bid, or involves a personnel or labor contract. For more information, see Government Code Section 84308.

Attachment 3

Tuesday, July 22, 2025 MINUTES Page 2
Preliminary Matters
Roll Call: 6:37 p.m.

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

Absent: Bartlett
Councilmember Bartlett present at 6:45 p.m.

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 July 17, 2025 as Port Chicago Remembrance Day

2. Adjourn in memory of Marie Gunter, Sustainability Advocate

3. Adjourn in memory of George Leitmann, UC Berkeley Professor

4. Adjourn in memory of Rita Maran, former Peace & Justice Commissioner City Manager Comments:

The City Manager requested that the Council move Item 11 to the Action Calendar.

Public Comment on Non-Agenda Matters: 4 speakers.

Consent Calendar
Public Comment on Consent Calendar and Information Items Only: 6 speakers.

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

Vote: All Ayes.

Consent Calendar
Tuesday, July 22, 2025 MINUTES Page 3

1. At-Will Designation: Assistant City Attorney
From: City Attorney
Recommendation: Adopt second reading of Ordinance No. 7,979–N.S amending Berkeley Municipal Code Section 4.04.120(A) to designate the unrepresented classification of Assistant City Attorney as at-will.

First Reading Vote: All Ayes.

Financial Implications: None
Contact: Farimah Brown, City Attorney, (510) 981-6950
Action: Adopted second reading of Ordinance No. 7,979–N.S.

2. Lease Amendment with Yoonaco, Inc. (Hana Japan) at 235 University Avenue From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,980–N.S. amending the City’s improved property lease with Yoonaco, Inc. (Hana Japan) for property at 235 University Ave to extend the initial lease term through June 30, 2026, replace the five-year extension option with a one-year extension option, maintain the rent at the current rate of $7,868 per month for the lease term, and remove the daily operating requirement for the first floor of the property.

First Reading Vote: All Ayes.

Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted second reading of Ordinance No. 7,980–N.S.

3. Zoning Ordinance Amendments to Title 23 of the Berkeley Municipal Code for Consistency with State Law and Technical Edits (SLTE 2025) From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,981–N.S. amending the following sections of the Berkeley Municipal Code (BMC) to maintain consistency and accuracy:

3.24.110 Landmarks, historic districts and structures of merit- Designation – Criteria for consideration

23.106.030 Floor Area, Gross

23.202.030 Additional Permit Requirements (Residential)

23.204.030 Additional Permit Requirements (Commercial Districts)

23.206.030 Additional Permit Requirements (Manufacturing Districts)

23.302.020 General Use Regulations

23.304.070 Unenclosed Accessory Structures in Residential Districts

23.326.030 Demolition of Residential Units

23.326.050 Demolition of Accessory Buildings

23.326.070 Demolition of Non-Residential Buildings
First Reading Vote: All Ayes.

Financial Implications: None
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: Adopted second reading of Ordinance No. 7,981–N.S.

Consent Calendar
Tuesday, July 22, 2025 MINUTES Page 4

4. Appointment of Emergency Standby Officers
From: City Manager
Recommendation: Adopt a Resolution confirming the appointment of newly nominated standby officers for the Mayor and City Council to serve in the event the elected official is unavailable during an emergency, and rescinding Resolution No. 70,833-N.S.

Financial Implications: None
Contact: Mark Numainville, City Clerk, (510) 981-6900
Action: Adopted Resolution No. 71,889–N.S. as revised in Supplemental Communications Packet #1 by the City Manager.

5. Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on July 22, 2025
From: City Manager
Recommendation: Approve the request for proposals or invitation for bids that will be or 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.

6. Reallocation of FY 2025 Youth Resiliency Funding
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or designee to reallocate Youth Equity Partnership (YEP) funds awarded through the FY 2025 - 2028 community agency contracting process to the Berkeley Public Schools Fund, Contract No. 32500058, and amend the Schools Fund’s existing contract as follows:

1. Remove the Black Girls United (BGU) program from the contract (at the contractor’s request). 2. Reallocate $20,000 of the BGU funding to the Longfellow Identity Affirming Programs (LIAP) for FY 2026 through FY 2028, increasing their total annual allocation from $25,300 to $45,300. 3. Return the remaining $27,817 initially awarded to BGU, annually, to the General Fund for FY 2026 - 2028.

Financial Implications: See report
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 71,890–N.S.

Consent Calendar
Tuesday, July 22, 2025 MINUTES Page 5

7. Revenue Grant Agreements: Funding Support from Alameda County to Conduct Public Health Services
From: City Manager
Recommendation: Adopt three Resolutions authorizing the City Manager or designee to submit grant agreements to 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 three revenue agreements:

1. Berkeley High School and Berkeley Technology Academy Health Center Programs in the projected amount of $187,926 for Fiscal Year 2026.

2. School Linked Health Services Program (Measure A Funding) in the projected amount of $200,011 for Fiscal Year 2026.

3. Tobacco Prevention Program in the projected amount of $82,600 for Fiscal Year 2026.

Financial Implications: See report
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 71,891–N.S. (Health Center Programs); Resolution No. 71,892–N.S. (School Linked); Resolution No. 71,893–N.S. (Tobacco Prevention).

8. Revenue Grant Agreements: Funding Support from the State of California to Conduct Public Health Services
From: City Manager
Recommendation: Adopt three Resolutions authorizing the City Manager or designee to submit grant agreements to the State of California, to accept the grants, and execute any resultant revenue agreements and amendments to conduct public health promotion, protection, and prevention services for the following three revenue agreements:

1. Maternal, Child and Adolescent Health (MCAH) Program, in the projected amount of $377,000 for Fiscal Year 2026. See match information in Fiscal Impacts section below.

2. Tobacco Trust Fund: There is no match required, and this contract is expected to be for $600,000 for Fiscal Year 2026 through Fiscal Year 2027.

3. Women, Infant, Children Program There is no match required, and this contract is expected to be for $2,557,619 for Federal Fiscal Year 2026 through Federal Fiscal Year 2028.

Financial Implications: See report
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 71,894–N.S. (MCAH); Resolution No. 71,895–N.S. (Tobacco Trust Fund); Resolution No. 71,896–N.S. (Women, Infant, Children Program).

Consent Calendar
Tuesday, July 22, 2025 MINUTES Page 6

9. Supplemental Military Leave Compensation Policy
From: City Manager
Recommendation: Adopt a Resolution amending Resolution No. 63,646–N.S. to the City’s Supplemental Military Leave Compensation Policy to be retroactively effective from July 1, 2025, going forward in order to provide supplemental wages for employees called to involuntary active military service.

Financial Implications: See report
Contact: Janelle Rodrigues, Human Resources, (510) 981-6800 Action: Adopted Resolution No. 71,897–N.S.

10. 2024 Annual Military Equipment Report (Assembly Bill 481) From: City Manager
Recommendation: Adopt a Resolution approving the 2024 Annual Military Equipment Report.

Financial Implications: See report
Contact: Jennifer Louis, Police, (510) 981-5900
Action: Adopted Resolution No. 71,898–N.S.

11. Surveillance Technology Ordinance Submission for Berkeley City Jail Surveillance System
From: City Manager
Recommendation: Adopt a Resolution: 1. Accepting the attached Surveillance Acquisition Report for the Berkeley City Jail Surveillance System, pursuant to Berkeley Municipal Code (B.M.C.) Chapter 2.99. 2. Accepting the attached Surveillance Use Policy: Use of Internal Video Surveillance System (BPD Policy 1306).

Financial Implications: See report
Contact: Jennifer Louis, Police, (510) 981-5900
Action: Moved to Action Calendar. 2 speakers. M/S/C (O’Keefe/Taplin) to adopt Resolution No. 71,899–N.S.

Vote: All Ayes.

12. Appointment of Ian Hunt to the Mental Health Commission From: Mental Health Commission
Recommendation: Adopt a Resolution approving the recommendation for appointment of Ian Hunt to the Mental Health Commission. Mr. Hunt will represent the Special Interest Category (consumer), beginning his 3-year term on July 23, 2025, ending on July 22, 2028.

Financial Implications: See report
Contact: Jamie Works-Wright, Commission Secretary, (510) 981-5400 Action: Adopted Resolution No. 71,900–N.S.

Consent Calendar
Tuesday, July 22, 2025 MINUTES Page 7

13. Police Accountability Board Report: Fair and Impartial Policing Implementation (Reviewed by the Public Safety Committee) (Item contains supplemental material) From: Police Accountability Board
Recommendation: Approve the following recommendations and instruct the Berkeley Police Department (BPD) and Police Accountability Board (PAB) to proceed with their implementation:

Recommendations to the Berkeley Police Department: 1. Three-prong approach. a.

Definition of Low-Level Traffic Infractions: A definition consistent with SB 50 should be adopted. b. Primary Collision Factors: This prong should specify the mode of the party at fault. c. Community Reports: Under the category of "a variety of unsafe driving incidents," policies should be put in place that specify which calls for service will result in law enforcement action. That specification should be derived from an analysis of the 13% of calls from community members that resulted in a citation or arrest, as per the City Auditor’s July 2021 report. d. Community Caretaking: This prong needs more specificity, and its components should be based on Berkeley data rather than national statistics, as is done for Prong 1 (Primary Collision Factors).

Specifically, the analysis should examine which other factors (non-PCFs) are highly associated with severe and fatal collisions in Berkeley. The open-ended quality of this prong may contribute to more non-safety-related stops than is called for in the Council directive. If more specificity is not possible or feasible, this prong should be eliminated. e. Reporting: Future BPD updates on FIP implementation should include statistical information enabling an analysis of the impact of the three-prong approach on reducing or eliminating stops for low-level offenses—a primary focus of the Council directive—in a manner that supports an overall assessment and an understanding of the approach’s impact on reducing racial disparities in traffic stops.

2. Evidence-based definition for stops of criminal suspects: a. Establish an evidence- based definition for stops of criminal suspects. b. Explain how precision-based policing, feedback loops, and accountability measures referenced in BPD FIP implementation updates relate to this recommendation and addresses the directive to establish an evidence-based definition for stopping criminal suspects. 3.

Enhanced implicit bias training: Per the Council's directive, ensure that BPD personnel receive intensive annual training dedicated to implicit bias. 4. EIS: Pending the deployment of a new Early Intervention and Risk Management system, EIS audits should be focused on officers who are outliers on the variables stipulated in the Department’s EIS, with a particular focus on racial disparities in stops, arrests, and searches. A designated PAB Member should serve as an observer in this process, as has been informally agreed to. Future audit reports should include the scope of what was reviewed and a clear statement of findings within the confines of officer confidentiality. 5. Written consent searches: Future reporting to the council should include the number of consent searches conducted per reporting period and their effect on racial disparities in searches, compared to consent search numbers before implementation. 6. Warrantless searches of people on supervised release:

Future FIP updates should identify the impact of the new BPD Policy 311.6 on the numbers of searches and arrests of people on probation and parole and the racial disparities in them. 7. Profiling by proxy: Future BPD updates should specify what

Consent Calendar
Tuesday, July 22, 2025 MINUTES Page 8
instructions dispatchers are given on profiling by proxy, and any impact the instruction and corresponding Communications Manual amendments have had on racial disparities in departmental response to calls for service. 8. Business cards:

Ensure that business cards are distributed as mandated by the Council directive. 9.

Make resources on police-civilian encounters publicly available, such as through RAHEEM.org.

Recommendations to the Police Accountability Board:

1. Scenario-based training: The 2021 Council specifically referred to the PAB oversight of the implementation of a scenario-based training component in the existing officer training required by the California Penal Code. This topic will be agendized for discussion at a future PAB meeting, including the appropriateness of, and ability of the PAB to oversee departmental training. 2. Crisis Intervention Team (CIT): The 2021 Council item refers to the PAB accelerating CIT activity. This will be discussed in future PAB meetings.

Recommendations to the Berkeley City Council:

1. Establish metrics to assess the success of implementing FIP directives. Currently, the BPD appears to be focused entirely on policy, and on tests of bias, as evidenced in its recently published Annual Report. The PAB has focused instead on outcomes, addressing the key question of whether racial disparities have decreased in any of the areas subject to FIP directives. 2. Eliminate reporting requirements for recommendations that the PAB ascertains have been fully implemented. 3. Require BPD to report biannually on: a. Traffic stops by each prong of their 3-prong framework and by race within each prong. b. Stop, search, and arrest data by probation/parole status and race. c. Calls for service by the race of the reporter and reportee.

Policy Committee Recommendation: To send item to City Council with a qualified positive recommendation highlighting the refined actions agreed upon by PAB and BPD as captured in their joint letter, and to close the Fair and Impartial Policing (FIP) Task Force referral from the February 23, 2021 City Council meeting, with the understanding that the specific recommendations in that referral have been completed, although work on fair and impartial policing will continue.

Financial Implications: See report
Contact: Hansel Aguilar, Commission Secretary, (510) 981-4950 Action: Approved recommendation as recommended by the Public Safety Committee.

Council Consent Items
Tuesday, July 22, 2025 MINUTES Page 9

14. Resolution in Support of California Senate Bill 81 (Arreguín) Health and Care Facilities: Information Sharing to Amend Sections 56.05 and 56.10 of the Civil Code, and to Add Chapter 1.5 to Division 2 of the Health and Safety Code, Relating to Health and Care Facilities
From: Councilmember Tregub (Author), Mayor Ishii (Co-Sponsor), Councilmember Humbert (Co-Sponsor), Councilmember Lunaparra (Co- Sponsor)
Recommendation: Adopt a Resolution in support of California State Senate (SB) Bill 81 (Arreguín), Healthcare Provider Entities: Information Sharing amend Sections

56.05 and 56.10 of the Civil Code, and to add Chapter 1.5 (commencing with Section 1249) to Division 2 of the Health and Safety Code, relating to health and care facilities, and declaring the urgency thereof, to take effect immediately; and distribute copies to the California Governor Gavin Newsom, Senator Jesse Arreguín, Assemblymember Buffy Wicks, California Senate President pro Tempore Mike McGuire, and California Assembly Speaker Robert Rivas to advocate for its passage. SB 81 would mandate healthcare facilities to develop protocols for monitoring and receiving visitors, as well as designating certain areas as nonpublic in order to maintain a secure environment aligned with the facility’s mission and commitment to patient care. Additionally, the bill would prohibit immigration enforcement agents from entering nonpublic areas of a facility without a valid judicial warrant or court order. It would also protect patient information by barring the disclosure of a person’s current or past immigration status or place of birth for purposes related to immigration enforcement.

Financial Implications: Staff time.

Contact: Igor Tregub, Councilmember, District 4, (510) 981-7140 Action: Adopted Resolution No. 71,901–N.S. as revised in Supplemental Communications Packet #1 by Councilmember Tregub.

Action Calendar – Public Hearings
Tuesday, July 22, 2025 MINUTES Page 10

15. Ordinance Vacating a Portion of Carleton Street from Westerly Terminus Extending 381.23 Feet Easterly
From: City Manager
Recommendation:

1. Conduct a public hearing and upon conclusion, adopt the first reading of an Ordinance vacating a 381.23-linear-foot (27,449 square foot) portion of the public right-of-way on Carleton Street, located at the westerly terminus of Carleton Street.

2. Schedule a public hearing and second reading of the Ordinance for the July 29, 2025, Council meeting.

3. Upon conclusion of the second reading of the Ordinance, authorize the City Manager to execute a deed quit claiming that portion of the right-of-way of Carleton Street and conveying to the adjacent property owner, Bayer Healthcare LLC ("Bayer").

Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300
Public Testimony: The Mayor opened the public hearing. 13 speakers.

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

Vote: All Ayes.

Action: M/S/C (Taplin/Kesarwani) to adopt the first reading of Ordinance No. 7,982– N.S. Public hearing and second reading scheduled for July 29, 2025.

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

Recess 8:42 p.m. – 8:59 p.m.

16. Memorandum of Understanding (MOU) Compendium: Agreements with Other Law Enforcement Agencies and Private Organizations
From: City Manager
Recommendation:

Conduct a public hearing, and upon conclusion, adopt a Resolution:

1. Approving the attached Compendium reflecting the current operational agreements between the Berkeley Police Department and other law enforcement agencies and private organizations.

2. Accepting the attached Suspicious Activity Report (SAR).

3. Accepting the attached Mutual Aid requests and responses report as submitted in accordance with existing City Council directives.

Financial Implications: See report
Contact: Jennifer Louis, Police, (510) 981-5900
Public Testimony: The Mayor opened the public hearing. 9 speakers.

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

Vote: All Ayes.

Action: M/S/C (Blackaby/Humbert) to adopt Resolution No. 71,902–N.S.

Vote: All Ayes.

Action Calendar – New Business
Tuesday, July 22, 2025 MINUTES Page 11

17. Surveillance Technology Ordinance Submission for External Fixed Surveillance Cameras (Flock Safety Condor Video Cameras) From: City Manager
Recommendation: Adopt a Resolution: 1. Accepting the attached Surveillance Acquisition Report for the Flock Safety Condor video cameras, pursuant to Berkeley Municipal Code (B.M.C.) Chapter 2.99.

2. Re-affirming the associated Berkeley Police Department (BPD) Use Policies (BPD Policy 351: External Fixed Video Surveillance Cameras and BPD Policy 1304:

Surveillance Use Policy—External Fixed Video Surveillance Cameras), which were previously approved by Council on June 13, 2023.

Financial Implications: See report
Contact: Jennifer Louis, Police, (510) 981-5900
Action: M/S/C (Humbert/Taplin) to suspend the rules and extend the meeting to 12:00 a.m.

Vote: All Ayes.

Action: M/S/C (Blackaby/Kesarwani) to suspend the rules and extend the meeting to 12:30 a.m.

Vote: All Ayes.

Action: M/S/Failed (Tregub/Ishii) on the severed portion of the motion to change the retention period to 90 days in the policy.

Vote: Ayes – Bartlett, Tregub, Lunaparra, Ishii; Noes – Kesarwani, Taplin, O’Keefe, Blackaby, Humbert.

Action: 20 speakers. M/S/C (Tregub/Ishii) to:
1) adopt Resolution No. 71,903–N.S. accepting the attached Surveillance Acquisition Report for the Flock Safety Condor video cameras, pursuant to Berkeley Municipal Code (B.M.C.) Chapter 2.99. and re-affirming the associated Berkeley Police Department (BPD) Use Policies (BPD Policy 351: External Fixed Video Surveillance Cameras and BPD Policy 1304: Surveillance Use Policy—External Fixed Video Surveillance Cameras), which were previously approved by Council on June 13, 2023; and
2) As part of Item 17, the Berkeley City Council directs the City Manager to address each of the elements below:

1. Biannual (Twice Per Year) Audit Report
The Berkeley Police Department’s Biannual Surveillance Technology Report, presented each November, shall include, but not be limited to the following information from the preceding review period as an additional privacy safeguard:
a. Confirm that BPD doesn’t enter any direct data sharing agreements or give direct access to outside agencies. A log of any instance of when surveillance video and/or audio data has been shared, including date, time, reason for search, and any recipient agencies.

Action Calendar – New Business
Tuesday, July 22, 2025 MINUTES Page 12

2. The Council supports the following recommendations of the Berkeley Police Accountability Board (PAB):
a. Use Policies Section 351.4.2/1304.2: “Video surveillance systems and recordings are subject to the Berkeley Police Department's Immigration Law Policy, and hence may not be shared with federal immigration enforcement officials, unless required by federal law.”
b. Use Policies Section 351.4.2/1304.2: “Video recordings shall not be disclosed to law enforcement agencies from other states if the purpose of the request is to support the enforcement of laws that restrict or criminalize reproductive rights or rights regarding the provision or receipt of gender-affirming care.” c. The Sanctuary City Ordinance, scheduled for a Council vote in Fall 2025, will likely, among other topics, address how the City of Berkeley handles and reports requests from federal immigration authorities, vendors, or any non-local agencies to access data for federal immigration enforcement purposes, as well as the recipients of such reports. Additionally, in the event a Federal Agency is given BPD-owned data stored with Flock the Berkeley Police Chief or designee will notify the City Manager, City Attorney, and City Council within 72 hours of the discovery of the incident.
d. Add a new section to the Fixed Video Surveillance Policy requiring BPD to observe certain safeguards with respect to surveillance camera data from the Berkeley Police Department’s ALPR policy (Section 1304.12).

3. Additional Safeguards
a. The Berkeley City Council reaffirms its intention to approve contracts that are in full compliance with Berkeley City Law, including but not limited to subject BPD policies and the to-be-delivered Sanctuary City Ordinance. As a matter of course, the Berkeley City Council directs the City Manager to ensure that no proposed contractual clauses with Flock for proposed Flock Safety Condor Video Cameras are, or could potentially be, in conflict with Berkeley City Law, prior to final approval of the contract by the Berkeley City Council. For example, Sections 4.3 and 5.3 of Flock boilerplate contractual language appears to contradict city policy. These and other provisions are to be discussed during contract negotiations. b. The City of Berkeley reaffirms the City Manager's authority, which may be delegated to the Berkeley Police Chief, to pause or end the deployment of the subject equipment at any time and for any cause. The City Council shall be, within 48 hours, notified of any such decision to pause or end its deployment.

Vote: Ayes – Kesarwani, Taplin, Bartlett, Tregub, O’Keefe, Blackaby, Humbert, Ishii; Noes – Lunaparra.

Information Reports

18. Reimagining Public Safety Status Report
From: City Manager
Contact: Carianna Arredondo, City Manager's Office, (510) 981-7000 Action: Received and filed.

Information Reports
Tuesday, July 22, 2025 MINUTES Page 13

19. Restaurant Inspection Audit Status Report
From: City Manager
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5400 Action: 3 speakers. Moved to Action Calendar. Discussion held.

20. Landmark Preservation Ordinance Notice of Decision: 2009 Tenth Street/#LMSAP2025-0003
From: City Manager
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: Received and filed.

21. Landmark Preservation Ordinance Notice of Decision: 2035 Francisco Street/#LMIN2024-0003
From: City Manager
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: Received and filed.

22. City Auditor Fiscal Year 2026 Audit Plan
From: Auditor
Contact: Jenny Wong, Auditor, (510) 981-6750
Action: Received and filed.

Public Comment – Items Not Listed on the Agenda - 3 speakers.

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

Vote: All Ayes.

Adjourned at 12:10 a.m.

I hereby certify that the foregoing is a true and correct record of the regular meeting held on July 22, 2025.
________________________
Mark Numainville, City Clerk
Communications
Harrassment Concern

1. Cielo Sambas (2)
Brown Act

2. Inger Acking

3. David Meyer

4. Mary Anne Morgan

Tuesday, July 22, 2025 MINUTES Page 14

5. Jackie Schmidt-Posner

6. Barbara Anscher
Geneva’s Path

7. Deb Spaulding Graham

8. Andrew Graham
Dogs at Caesar Chavez Park

9. Maureen Daggett
Ohlone Concerns and Encampments

10.Yasemin Sussman

11.Tom Attar (2)

12.Nicholas Alexander (3)

13.Xavier Linn

14.Roger Hallsten

15.Rochelle T.

16.Jessica Fain

17.Daniel Jurnove

18.Kathy Dittmer

19.Karl Torke

20.David Mateer

21.Martin Seldin

22.Lj Cranmer

23.Dan Cutter (2)

24.Yael Galinson

25.Jia Liang

26.David Tepper
Berkeley Waterfront and Park Fees

27.Margie Winter (2)

28.Elisha Greenwell

29.Iliana Montauk (2)

30.Rachel Bradley

31.Juliane Kowski

32.Robert Crosman

33.Deborah Green
Takara Sake Plant

34.Cecelia Mautner
Road Damage

35.Jia Liang
Homelessness Concerns

36.Andrea Ricci

37.Maris Arnold

Tuesday, July 22, 2025 MINUTES Page 15

38.Kathleen Krier
Half Price Books

39.Simi Dhillon
Sidewalk Repair

40.Todd Andrew
City Services Concerns

41.Rebecca Young
Berkeley’s City Budget

42.David Lerman
Granicus Concern

43.Alex Taylor
Filming Concern

44.Liying Tao
EMBER

45.Mary-Louise Hansen

46.Geoff Lomax
Blight in Berkeley

47.Cecelia Mautner
8th and Harrison

48.Elana Auerbach
Home Security Concern

49.Seth Crabtree
The Bay Baby Book Project Donation

50.Seena Hawley
Parking Concerns and Pedestrian Safety

51.Shirley Kirsten (3)

52.Parking & Transportation

53.Bill Pottinger
Online Bill Payments

54.Jeffrey Frey
E-Scooters

55.Robert Borghese (6)

56.Robert Byler (3)

57.John Roveron Ravano

Tuesday, July 22, 2025 MINUTES Page 16
ODPA Statement

58.Office of the Director of Police Accountability
Middle East Conflict

59.Mohammed Hassan
Forwards

60.Elana Auerbach (2)
URL’s

61.Inetjalopy

62.Russbumper

63.Jai
Supplemental Communications and Reports 1
Item #4: Appointment of Emergency Standby Officers

64.Revised agenda material submitted by the City Clerk’s Department Item #14: Resolution in Support of California Senate Bill 81 (Arreguín) Health and Care Facilities: Information Sharing to Amend Sections 56.05 and 56.10 of the Civil Code, and to Add Chapter 1.5 to Division 2 of the Health and Safety Code, Relating to Health and Care Facilities

65.Revised agenda material submitted by Councilmember Igor Tregub, Mayor Adena Ishii, Councilmember Humbert, and Councilmember Lunaparra Supplemental Communications and Reports 2
Item #17: Surveillance Technology Ordinance Submission for External Fixed Surveillance Cameras (Flock Safety Condor Video Cameras)

66.Office of the Director of Police Accountability on behalf of the Police Accountability Board (2)

67.Judy Bertelsen

68.Pamela Tellew

69.Tobey Wiebe

70.Margot Smith

71.Sally Nelson

72.Cindy Shamban
Supplemental Communications and Reports 3
Item #15: Ordinance Vacating a Portion of Carleton Street from Westerly Terminus Extending 381.23 Feet Easterly

73.Presentation submitted by the Public Works Department

74.Susan Schwartz on behalf of the Friends Five Creeks
Item #17: Surveillance Technology Ordinance Submission for External Fixed Surveillance Cameras (Flock Safety Condor Video Cameras)

75.Presentation submitted by the Police Department

Tuesday, July 22, 2025 MINUTES Page 17

76.A.S. Ikeda

77.Kelly Hammargren
Item #19: Restaurant Inspection Audit Status Report

78.Lara Hornbeck

79.John Elrich

80.Rudabeh Pakravan
Item #22: City Auditor Fiscal Year 2026 Audit Plan

81.Presentation submitted by the City Auditor’s Office

Wednesday, July 23, 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
Wednesday, July 23, 2025
6:00 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702 TELECONFERENCE LOCATION - MARINA DEL SOL C-202, IXTAPA, ZIHUATANEJO DE AZUETA, 40884, GUERRERO, MÉXICO
TELECONFERENCE LOCATION - 5617 NW JETTY AVE, LINCOLN CITY 97367 TELECONFERENCE LOCATION - TÜRKMEN MAH. ÜNLÜ SOK. NO. 6 KUŞADASI, AYDIN, TÜRKIYE

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/1609419872. 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: 160 941 9872.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 $500 within the prior 12 months to any City employee or officer. Parties and participants with a financial interest are prohibited from making more than $500 in contributions to a decisionmaker for the 12 months after the final decision is rendered on the proceeding.

The above contribution disclosures and restrictions do not apply when the proceeding is competitively bid, or involves a personnel or labor contract. For more information, see Government Code Section 84308.

Attachment 4

Wednesday, July 23, 2025 MINUTES Page 2
Preliminary Matters
Roll Call: 6:07 p.m.

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

Absent: Bartlett, O’Keefe
Councilmember Bartlett present at 6:10 p.m.

Public Comment: 1 speaker.

Action Calendar – Public Hearings

1. Landmarks Preservation Commission Appeal: 2425 Durant, Landmark application #LMIN2024-0008
From: City Manager
Recommendation: Conduct a public hearing, and upon conclusion adopt a Resolution upholding the appeal and reversing the Landmarks Preservation Commission (LPC) decision to designate the subject property as a City Landmark.

Financial Implications: None
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Public Testimony: The Mayor opened the public hearing. 5 speakers.

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

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

Action: M/S/C (Kesarwani/Taplin) to adopt Resolution No. 71,904–N.S., including the supplemental material received from the City Manager in the Supplemental Communications Packet 2, upholding the appeal and reversing the Landmarks Preservation Commission (LPC) decision to designate the subject property as a City Landmark.

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

Councilmember Blackaby absent 7:35 p.m. – 7:37 p.m.

Action Calendar – Public Hearings
Wednesday, July 23, 2025 MINUTES Page 3

2. Landmarks Preservation Commission Appeal: 2138 Kittredge, Landmark application #LMIN2024-0006
From: City Manager
Recommendation: Conduct a public hearing, and upon conclusion adopt a Resolution upholding the appeal and reversing the Landmarks Preservation Commission (LPC) decision to designate the subject property as a City Landmark.

Financial Implications: None
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Public Testimony: The Mayor opened the public hearing. 3 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; Absent – O’Keefe.

Action: M/S/C (Tregub/Humbert) to adopt Resolution No. 71,905–N.S. upholding the appeal and reversing the Landmarks Preservation Commission (LPC) decision to designate the subject property as a City Landmark.

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

Recess 8:09 p.m. – 8:20 p.m.

3. Zoning Adjustment Board Appeal: 2655 Shattuck, Use Permit #ZP2024-0057 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 to approve Use Permit #ZP2024-0057 to demolish a one-story, 8,185- square-foot, non-residential building and construct an eight-story (85 feet), 84,399- square-foot mixed-use residential building containing 97 dwelling units (including ten Very Low-Income Density Bonus qualifying units), 2,117 square feet of ground-floor commercial space and 41 vehicle parking space, on a 23,527 square foot lot.

Financial Implications: None
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Public Testimony: The Mayor opened the public hearing. 19 speakers.

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

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

Action: M/S/C (Kesarwani/Humbert) to adopt Resolution No. 71,906–N.S. denying the appeal and affirming the Zoning Adjustment Board (ZAB) decision to approve Use Permit #ZP2024-0057 to demolish a one-story, 8,185-square-foot, non- residential building and construct an eight-story (85 feet), 84,399-square-foot mixed- use residential building containing 97 dwelling units (including ten Very Low-Income Density Bonus qualifying units), 2,117 square feet of ground-floor commercial space and 41 vehicle parking space, on a 23,527 square foot lot.

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

Wednesday, July 23, 2025 MINUTES Page 4
Adjournment
Action: M/S/C (Taplin/Tregub) to adjourn the meeting.

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

Adjourned at 10:03 p.m.

I hereby certify that the foregoing is a true and correct record of the regular meeting held on July 23, 2025.
________________________
Mark Numainville, City Clerk
Communications
Item #3: Zoning Adjustment Board Appeal: 2655 Shattuck, Use Permit #ZP2024- 0057

1. Marianne Sluis
Supplemental Communications and Reports 1
Item #3: Zoning Adjustment Board Appeal: 2655 Shattuck, Use Permit #ZP2024-0057

2. Jonathan Streeter

3. Elizabeth Ditmars
Supplemental Communications and Reports 2
Item #1: Landmarks Preservation Commission Appeal: 2425 Durant, Landmark application #LMIN2024-0008

4. Supplemental agenda material submitted by the Planning & Development Department
Item #1: Landmarks Preservation Commission Appeal: 2425 Durant, Landmark application #LMIN2024-0008
Item #2: Landmarks Preservation Commission Appeal: 2138 Kittredge, Landmark application #LMIN2024-0006

5. Thalia Lubin (2)

6. Ellen Goldblatt

7. Sharon Entwistle

8. Harry Delmer

9. Emily Fox

10.Joan Hart

11.Virginia Jansen

12.Bill Grove

13.Doris Fulder Nassiry

14.Maxine Risley

15.Leah Shelleda

16.Deborah Finch

17.Jerri Holan

Wednesday, July 23, 2025 MINUTES Page 5

18.Tobey M. Wiebe

19.Leila Moncharsh on behalf of the Berkeley Architectural Heritage Association

20.Isaac Warshauer on behalf of the Berkeley Architectural Heritage Association (4)

21.John Brennan

22.Gillian Bagwell

23.Dahlia Armon

24.Stephanie Manning

25.Dan Slobin

26.Phil Allen

27.John Hitchen

28.Harvey Smith

29.Krishna Shekhawat

30.Michael Barglow
Item #3: Zoning Adjustment Board Appeal: 2655 Shattuck, Use Permit #ZP2024-0057

31.Elizabeth Riddle

32.Mark Goudy

33.Charlotte Shimura

34.Sally Bean
Supplemental Communications and Reports 3
Item #1: Landmarks Preservation Commission Appeal: 2425 Durant, Landmark application #LMIN2024-0008

35.Presentation submitted by the Planning & Development Department Item #2: Landmarks Preservation Commission Appeal: 2138 Kittredge, Landmark application #LMIN2024-0006

36.Presentation submitted by the Planning & Development Department Item #3: Zoning Adjustment Board Appeal: 2655 Shattuck, Use Permit #ZP2024- 0057

37.Presentation submitted by the Planning & Development Department

38.Charles Kassier

39.Nicholas Eckenwiler on behalf of the California Housing Defense Fund Item #1: Landmarks Preservation Commission Appeal: 2425 Durant, Landmark application #LMIN2024-0008
Item #2: Landmarks Preservation Commission Appeal: 2138 Kittredge, Landmark application #LMIN2024-0006
Item #3: Zoning Adjustment Board Appeal: 2655 Shattuck, Use Permit #ZP2024- 0057

40.Robert Kehlmann

41.Gale Garcia

42.Gerhard Blendstrup

43.Dan Slobin

44.Ann Pagliaro

45.Judith Thomas

46.Paul T. Roberts

47.Robert Johnson

48.Deborah Green (2)

Wednesday, July 23, 2025 MINUTES Page 6

49.Holly M. Smith

50.Jane McKinne-Mayer

51.Steven Schuyler

52.Lorraine Lerman

53.Amy Di Costanzo

54.Brandon Ice

55.Lynn Zamarra

56.Jane Goodwin

57.Hal and Turi Reynolds
Miscellaneous

58.Ryan Lau on behalf of AC Transit

Tuesday, July 29, 2025 ANNOTATED AGENDA 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, July 29, 2025
4:00 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702 TELECONFERENCE LOCATION - TÜRKMEN MAH. ÜNLÜ SOK. NO. 6 KUŞADASI, AYDIN, TÜRKIYE

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/1601268556 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: 160 126 8556. 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 $500 within the prior 12 months to any City employee or officer. Parties and participants with a financial interest are prohibited from making more than $500 in contributions to a decisionmaker for the 12 months after the final decision is rendered on the proceeding.

The above contribution disclosures and restrictions do not apply when the proceeding is competitively bid, or involves a personnel or labor contract. For more information, see Government Code Section 84308.

Attachment 5

Tuesday, July 29, 2025 ANNOTATED AGENDA Page 2
Preliminary Matters
Roll Call: 4:14 p.m.

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

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

Action: M/S/C (Blackaby/Tregub) to adopt the Consent Calendar in one motion.

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

Consent Calendar

1. Grant Award: Byrne State Crisis Intervention Program (SCIP) Cohort 2 Funding – Acceptance of Grant and Execution of Related Documents From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to accept the Byrne State Crisis Intervention Program (SCIP) grant award of $1,000,000 from the Board of State and Community Corrections (BSCC); execute any resultant agreements and amendments; appropriate the funding for eligible project activities consistent with the City's Gun Violence Intervention and Prevention Program (GVIPP); approve the establishment and funding allocation for a temporary Crime Analyst position (not to exceed two years); and to amend Contract No. 32500002 with Live Free USA to expand violence intervention services.

Financial Implications: See report
Contact: Carianna Arredondo, City Manager's Office, (510) 981-7000 Action: Adopted Resolution No. 71,907–N.S.

Action Calendar – New Business
2a. Presentation: Comprehensive Summary of Berkeley’s Homeless Response From: City Manager
Contact: Peter Radu, City Manager's Office, (510) 981-7000, Scott Gilman, Health, Housing, and Community Services, (510) 981-5400
Action: Presentation continued to a future meeting.

Action Calendar – New Business
Tuesday, July 29, 2025 ANNOTATED AGENDA Page 3
2b. Homeless Response Team: Opportunities Exist to Strengthen Procedures and Better Track Outcomes
From: Auditor
Recommendation: We recommend City Council request that the City Manager report back during the audit follow-up period in Fall 2026, and annually thereafter, regarding the status of our audit recommendations until reported fully implemented by the Homelessness Response Team and the City Manager’s Office. The audit includes six recommendations to improve coordination with service providers, strengthen data procedures, expand and standardize outcome reporting, enhance public transparency, and assess staffing resources needed to support these efforts.

The City Manager’s Office agreed to our findings and recommendations. Please see our report for their complete response.

Financial Implications: See report
Contact: Jenny Wong, Auditor, (510) 981-6750
Action: Item continued to a future meeting.

Adjournment
Action: M/S/C (O’Keefe/Tregub) to adjourn the meeting.

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

Adjourned at 5:21 p.m.

I hereby certify that the foregoing is a true and correct record of the special meeting held on July 29, 2025.
________________________
Mark Numainville, City Clerk
Communications
 None
Supplemental Communications and Reports 1
 None
Supplemental Communications and Reports 2
 None
Supplemental Communications and Reports 3
Action Calendar – New Business
Item #2a: Presentation: Comprehensive Summary of Berkeley’s Homeless Response

Tuesday, July 29, 2025 ANNOTATED AGENDA Page 4

1. Presentation submitted by the City Manager’s Office
Item #2b: Homeless Response Team: Opportunities Exist to Strengthen Procedures and Better Track Outcomes

2. Presentation submitted by the City Auditor’s Office

3. Fran Haselsteiner (3)

Tuesday, July 29, 2025 MINUTES Page 1

MINUTES

BERKELEY CITY COUNCIL MEETING
Tuesday, July 29, 2025
6:00 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702 TELECONFERENCE LOCATION - TÜRKMEN MAH. ÜNLÜ SOK. NO. 6 KUŞADASI, AYDIN, TÜRKIYE

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/1601268556 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: 160 126 8556. 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 $500 within the prior 12 months to any City employee or officer. Parties and participants with a financial interest are prohibited from making more than $500 in contributions to a decisionmaker for the 12 months after the final decision is rendered on the proceeding.

The above contribution disclosures and restrictions do not apply when the proceeding is competitively bid, or involves a personnel or labor contract. For more information, see Government Code Section 84308.

Attachment 6

Tuesday, July 29, 2025 MINUTES Page 2
Preliminary Matters
Roll Call: 6:06 p.m.

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

Absent: Bartlett
Councilmember Bartlett present at 6:11 p.m.

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: None
City Manager Comments:

The City Manager removed Item 14 regarding Urban Ore from the agenda. The City Manager recommended that Council only take up Title 23 amendments in Item 28 and defer the Title 21 amendments to a later date.

City Auditor Comments:

The City Auditor provided a presentation following up on the recommendations in the Financial Conditions Audit.

Public Comment on Items not Listed on the Agenda: 10 speakers Consent Calendar
Public Comment on Consent Calendar and Information Items Only: 8 speakers.

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

Vote: All Ayes.

Consent Calendar
Tuesday, July 29, 2025 MINUTES Page 3

1. Minutes for Approval
From: City Manager
Recommendation: Approve the minutes for the Council meetings of June 3, 2025 (closed and regular), June 9, 2025 (closed), June 17, 2025 (regular), June 24, 2025 (special and regular), June 26, 2025 (special), and June 30, 2025 (closed).

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

2. Amending the City Council’s Policy for the General Fund Reserves From: City Manager
Recommendation: Adopt a Resolution amending the City Council’s Policy for the General Fund Reserves and rescind Resolution No. 69,440-N.S.

Financial Implications: see report
Contact: David White, City Manager's Office, (510) 981-7000, Henry Oyekanmi, Finance, (510) 981-7300
Action: Adopted Resolution No. 71,908–N.S.

3. Contract No 32400009 Amendment: Stella Courier, LLC. for Mail Services and Mail Room Coverage
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No: 32400009 with Stella Courier, LLC., to provide mail services to the City’s satellite locations, and as-needed mail room coverage, increasing the amount by $180,000 for an amended total amount not to exceed $360,000 over an additional two-year period starting August 1, 2025 through July 31, 2027.

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Adopted Resolution No. 71,909–N.S.

4. Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on July 29, 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.

Consent Calendar
Tuesday, July 29, 2025 MINUTES Page 4

5. Contract: InfoSend for Bill Printing and Mailing Services From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments which align with the City of Brawley’s existing contract and any amendments, with InfoSend to provide Bill Printing and Mailing Services from July 30, 2025 until June 30, 2026 in an amount not to exceed $150,000 with an option to renew in increments of two (2) years, in alignment with the City of Brawley contract for an additional $100,000. The total contract value through September 2028 is not to exceed $250,000.

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Adopted Resolution No. 71,910–N.S.

6. Designate the Line of Succession for the Director of Emergency Services From: City Manager
Recommendation: Adopt a Resolution approving the designated line of succession to the position of Director of Emergency Services in the event of an emergency, and rescinding Resolution No. 70,729-N.S.

Financial Implications: None
Contact: David Sprague, Fire, (510) 981-3473
Action: Adopted Resolution No. 71,911–N.S.

7. Contract with Wildfire Defense to Serve as the Alameda County Coordinator From: City Manager
Recommendation: Adopt a Resolution:

1. Authorizing the City Manager or designee to execute a contract with Wildfire Defense to serve as the Alameda County Coordinator for coordination with local agencies, fire safe councils, and wildfire mitigation community groups for the initial period August 1, 2025, through June 30, 2026, in an amount not to exceed $155,500, and to apply for and receive future grant funding in collaboration with Berkeley Fire Department staff to maintain the position through 2028; and

2. Authorizing the City Manager or designee to execute any amendments for not more than $225,000 per year in Fiscal Year (FY) 25, FY26, and FY27, upon receiving additional California Fire Safe Council (CFSC) grants to continue contracting Wildfire Defense to serve Alameda County communities, provide resources and education on wildfire safety, promote collaboration, assist local groups with funding opportunities, and aid multi-jurisdictional planning.

Financial Implications: None
Contact: David Sprague, Fire, (510) 981-3473
Action: Adopted Resolution No. 71,912–N.S.

Consent Calendar
Tuesday, July 29, 2025 MINUTES Page 5

8. Submitting Application for Permanent Local Housing Allocation Program From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or designee to apply for and accept funds from the State of California's Permanent Local Housing Allocation Program, in an amount not to exceed $849,945.

Financial Implications: See report
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 71,913–N.S.

9. Mental Health Services Act Fiscal Year 2026 Annual Update From: City Manager
Recommendation: Adopt a Resolution approving the Mental Health Services Act (MHSA) Fiscal Year 2026 Annual Update, which identifies uses of funds for mental health programming, and forwarding the Annual Update to appropriate State officials.

Financial Implications: See report
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 71,914–N.S. as revised in Supplemental Communications Packet #1 by the City Manager.

10. Adopt Resolution Approving Publicly Available Pay Schedule From: City Manager
Recommendation: Adopt a Resolution approving a publicly available pay schedule effective July 29, 2025, pursuant to the Public Employee’s Retirement Law (PERL), Public Employees’ Pension Reform Act of 2013 (PEPRA), and Title 2 of the California Code of Regulations (CCR).

Financial Implications: See report
Contact: Janelle Rodrigues, Human Resources, (510) 981-6800 Action: Adopted Resolution No. 71,915–N.S.

11. Contract: Infobond Inc. Leveraging the Omnia Partners Cooperative Contract for Information Technology Security Products, Licenses, and Support From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract with Infobond, Inc. (“Infobond”) for the purchase of information technology security products, licenses, support and services utilizing the Omnia Partners contract #01-154 for a total not to exceed value of $1,000,000 commencing on July 1, 2025 through June 30, 2027.

Financial Implications: See report
Contact: Kevin Fong, Information Technology, (510) 981-6500 Action: Adopted Resolution No. 71,916–N.S.

Consent Calendar
Tuesday, July 29, 2025 MINUTES Page 6

12. Contract No. 32300096 Amendment: SCS Engineers for Landfill Post-Closure Maintenance and Monitoring Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32300096 with SCS Engineers for maintenance, monitoring, and compliance services related to the closed landfill at Cesar Chavez Park, increasing the contract amount by $1,834,000 for a total not to exceed amount of $4,078,022.

Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300
Action: Adopted Resolution No. 71,917–N.S.

13. Trillium Compressed Natural Gas (CNG) 5-year Sole Source License and Operating Agreement
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a 5- year sole source license and operating agreement for compressed natural gas with Trillium CNG for the five-year period between FY2026 and FY2031, for a not-to- exceed amount of $250,000.

Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300
Action: Adopted Resolution No. 71,918–N.S.

14. Contract Amendment No. 32100070: Urban Ore, Inc. for Salvage Operations at the City of Berkeley Transfer Station
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract amendment No. 32100070 with Urban Ore, Inc. for salvage operations of reusable materials at the City's Transfer Station, increasing the contract by $75,000 from $189,848 to $264,848, for a new not to exceed amount of $264,848 and extending the term through June 30, 2027.

Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300
Action: Item removed from the agenda by the City Manager.

15. Authorization to Apply for CalRecycle Waste Reduction, Reuse, Recycling, and Composting Grants and Payment Programs
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to submit grant applications, accept grant funds, and execute any resulting grant agreements, amendments and expenditure reports with the Department of Resource Recycling and Recovery (CalRecycle) for grant and payment programs related to waste reduction, reuse, recycling, and composting.

Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300
Action: Adopted Resolution No. 71,919–N.S.

Consent Calendar
Tuesday, July 29, 2025 MINUTES Page 7

16. Contract: Environmental Logistics, Inc. and Advanced Chemical Transport, LLC for On-Call Hazardous Waste Management
From: City Manager
Recommendation: Adopt two Resolutions authorizing the City Manager to:

1.Execute a three-year contract and any amendments with Environmental Logistics, Inc. to provide on-call hazardous waste disposal at various City facilities and locations for a total not to exceed of $200,000 for an initial three-year term from August 1, 2025, to August 1, 2028, with an option of two one-year extensions, for a maximum term of five years. The service rates will be adjusted annually in accordance with the Consumer Price Index and the terms of the agreement.

2.Execute a three-year contract and any amendment with Advanced Chemical Transport, LLC to provide on-call hazardous waste disposal at various City facilities and locations for a total not to exceed of $150,000 for an initial three-year term from August 1, 2025, to August 1, 2028, with an option of two one-year extensions, for a maximum term of five years. The service rates will be adjusted annually in accordance with the Consumer Price Index and the terms of the agreement.

Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300
Action: Adopted Resolution No. 71,920–N.S. (Environmental Logistics), and Resolution No. 71,921–N.S. (Advanced Chemical Transport).

17. Approval and Levy of 2018 Clean Stormwater Fee in FY 2026 From: City Manager
Recommendation: Adopt a Resolution approving the proposed adjusted fees for the 2018 Clean Stormwater Fee and ordering the levy of the fees in Fiscal Year 2026.

Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300
Action: Adopted Resolution No. 71,922–N.S.

18. Contracts: Matrix HG Inc. and Prime Mechanical Service for Heating, Ventilation, and Air Conditioning (HVAC) Maintenance and Repair From: City Manager
Recommendation: Adopt two Resolutions authorizing the City Manager to:

1.Execute a contract with any amendments with Matrix HG Inc. to provide HVAC repairs and maintenance services for a three-year period from September 1, 2025 to August 31, 2028, in an amount not to exceed $150,000, with an option to extend for two additional one-year terms.

2.Execute a contract with any amendments with Prime Mechanical Service to provide HVAC repairs and maintenance services for a three-year period from September 1, 2025 to August 31, 2028, in an amount not to exceed $150,000, with an option to extend for two additional one-year terms.

Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300
Action: Adopted Resolution No. 71,923–N.S. (Matrix HG), and Resolution No. 71,924–N.S. (Prime Mechanical).

Consent Calendar
Tuesday, July 29, 2025 MINUTES Page 8

19. Updated Sewer System Management Plan
From: City Manager
Recommendation: Adopt a Resolution approving the update of the Sewer System Management Plan, as mandated by the State Water Resources Control Board.

Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300
Action: Adopted Resolution No. 71,925–N.S.

20. Project Implementation Staffing for Measure FF, the SAFE STREETS Initiative From: City Manager
Recommendation: Adopt a Resolution to amend the FY 2026 budget to authorizing the City Manager to add three permanent full-time employees, expending $932,630.73, to support the implementation of prioritized projects associated with Measure FF, the SAFE STREETS Initiative.

Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300
Action: Adopted Resolution No. 71,926–N.S.

Consent Calendar
Tuesday, July 29, 2025 MINUTES Page 9

21. Contract: Aurora Environmental Services Inc., GSI Environmental Inc., Northgate Environmental Management Inc., and WSP Global Inc. for On-Call Environmental Consulting
From: City Manager
Recommendation: Adopt four Resolutions authorizing the City Manager to:

1. Execute a three-year contract and any amendments with Aurora Environmental Services Inc. to provide on-call environmental consulting at various City facilities and locations for a total not to exceed amount of $50,000 for an initial three-year term from August 1, 2025, to August 1, 2028, with an option of two one-year extensions for a maximum term of five years. The service rates will be adjusted annually in accordance with the Consumer Price Index and the provisions of the agreement.

2. Execute a three-year contract and any amendments with GSI Environmental Inc. to provide on-call environmental consulting at various City facilities and locations for a total not to exceed amount of $50,000 for an initial three-year term from August 1, 2025, to August 1, 2028, with an option of two one-year extensions for a maximum term of five years. The service rates will be adjusted annually in accordance with the Consumer Price Index and the provisions of the agreement.

3. Execute a three-year contract and any amendments with Northgate Environmental Management Inc. to provide on-call environmental consulting at various City facilities and locations for a total not to exceed amount of $75,000 for an initial three-year term from August 1, 2025, to August 1, 2028, with an option of two one-year extensions for a maximum term of five years. The service rates will be adjusted annually in accordance with the Consumer Price Index and the provisions of the agreement.

4. Execute a three-year contract and any amendments with WSP Global Inc. to provide on-call environmental consulting at various City facilities and locations for a total not to exceed of $325,000 for an initial three-year term from August 1, 2026, to August 1, 2029, with an option of two one-year extensions for a maximum term of five years. The service rates will be adjusted annually in accordance with the Consumer Price Index and the provisions of the agreement.

Financial Implications: See report.

Contact: Terrance Davis, Public Works, (510) 981-6300
Action: Adopted Resolution No. 71,927–N.S. (Aurora), Resolution No. 71,928–N.S. (GSI), Resolution No. 71,929–N.S. (Northgate), and Resolution No. 71,930–N.S. (WSP).

Consent Calendar
Tuesday, July 29, 2025 MINUTES Page 10

22. Contracts: Dream Ride Elevator and Metro Elevator for Maintenance, Repairs and Emergency Response Services for Citywide Elevators
From: City Manager
Recommendation: Adopt two Resolutions authorizing the City Manager to:

1. Execute a contract with any amendments with Dream Ride Elevator to provide maintenance, repairs, and emergency response services for citywide elevators for a three-year period from September 1, 2025, to August 31, 2028, in an amount not to exceed $175,000, with an option to extend for two additional one-year terms. Rates will be adjusted annually in accordance with the Consumer Price Index (CPI) per the terms of the RFO and the contractor’s responses.

2. Execute a contract with any amendments with Metro Elevator to provide maintenance, repairs and emergency response services for citywide elevators for a three-year period from September 1, 2025, to August 31, 2028, in an amount not to exceed $175,000, with an option to extend for two additional one-year terms. Rates will be adjusted annually in accordance with the Consumer Price Index (CPI) per the terms of the RFO and the contractor’s responses.

Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300
Action: Adopted Resolution No. 71,931–N.S. (Dream Ride), and Resolution No. 71,932–N.S. (Metro).
23a. City Compliance with Web Content Accessibility Guidelines (WCAG) From: Commission on Disability
Recommendation: The Berkeley City Council shall refer to the City Attorney the requirement to include a clause in all relevant City of Berkeley contracts that obligates City vendors to supply digital content, intended for or likely to be posted to the City website, that is compliant with the Web Content Accessibility Guidelines (WCAG) standard mandated by the U.S. Department of Justice. WCAG defines web content technical standards that, when implemented, meet legal requirements of the Americans with Disabilities Act (ADA).

In addition, relevant City staff should be informed of WCAG requirements, and systems put in place to ensure that documents available on the City of Berkeley website, whether submitted by vendors or created by City staff, meet current WCAG standards. When the City is informed that documents posted to its website do not meet current WCAG standards, remediation is recommended to be made within 30 days.

Financial Implications: See report
Contact: Thomas Gregory, Commission Secretary, (510) 981-6300 Action: See action for Item 23b.

Consent Calendar
Tuesday, July 29, 2025 MINUTES Page 11
23b. Companion Report: City Compliance with Web Content Accessibility Guidelines (WCAG)
From: City Manager
Recommendation: The City Manager recommends that Council refrain from referring the Commission on Disability’s report recommendation from the report titled, “City Compliance with Web Content Accessibility Guidelines (WCAG),” to the City Attorney's Office at this time to give staff and the Commission on Disability additional time to develop a mutually agreeable path forward.

Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300
Action: Approved recommendation in Item 23b.

Council Consent Items

24. Berkeley Nightlife Council (Reviewed by the Land Use, Housing & Economic Development Committee)
From: Councilmember Taplin (Author)
Recommendation: Adopt a Resolution to form the Berkeley City Council Nightlife Sub-Committee, convened by the District 2 council office to return recommendations for the formation, structure, and scope of operation of a Berkeley Nightlife Council (Night Council) to support nighttime economic activity, cultural programming, and community safety in city commercial districts.

Policy Committee recommendation: Send the item to the City Council with a qualified positive recommendation that Council adopt the item with the caveat that the City Attorney’s Office review the ad-hoc committee for Brown Act implications.

Financial Implications: None
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120 Action: Councilmember O’Keefe added as a co-sponsor. Adopted Resolution No. 71,933–N.S. as recommended by the Land Use, Housing & Economic Development Committee and as revised in Supplemental Communications Packet #2 by Councilmember Taplin.

Council Consent Items
Tuesday, July 29, 2025 MINUTES Page 12

25. Berkeley Green New Deal: Workforce Development (Reviewed by the Land Use, Housing, & Economic Development Committee)
From: Councilmember Taplin (Author), Councilmember Lunaparra (Co- Sponsor), Councilmember Bartlett (Co-Sponsor), Councilmember Tregub (Co- Sponsor)
Recommendation: Refer to the City Manager a feasibility analysis and request for recommendations for possible models to either establish a green workforce development board within the City of Berkeley or strengthen the alignment between City of Berkeley and community partner programs and the Alameda County Workforce development board to create pathways to gainful employment in green industries and accelerate the transition to a fossil-free local economy.

Policy Committee Recommendation: Send the item to the City Council with a qualified positive recommendation that Council adopt the item and that the item be revised to include a referral to the budget process, clarify and make explicit that the full-time employee (“FTE”) is either an in-house City of Berkeley employee or is a privately funded employee not on the City’s payroll, and include a privately funded alternative to a full-time City employee when creating the budget referral.

Financial Implications: See report
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120 Action: Approved recommendation as recommended by the Land Use, Housing & Economic Development Committee and as revised in Supplemental Communications Packet #1 by Councilmember Taplin.

26. Resolution in Support of California Senate Bill 627 (Wiener, Arreguín, Pérez), the No Secret Police Act, to Prohibit Non-Essential Face Covering for Law Enforcement and Require Officer Identification During Operations From: Councilmember Tregub(Author), Councilmember Humbert (Co- Sponsor), Councilmember Lunaparra (Co-Sponsor)
Recommendation: Adopt a Resolution in support of California State Senate Bill (SB) 627 (Wiener, Arreguín, Pérez), the No Secret Police Act, which would prohibit law enforcement officers from covering their faces during operations (with exceptions for medical and fire-related protection), and require visible identification on uniforms in the state of California; and distribute copies to the California Governor Gavin Newsom, Senators Scott Wiener, Jesse Arreguín, and Sasha Renée Pérez, Assemblymember Buffy Wicks, California Senate President pro tempore Mike McGuire, and California Assembly Speaker Robert Rivas to advocate for its passage.

Financial Implications: See report
Contact: Igor Tregub, Councilmember, District 4, (510) 981-7140 Action: Councilmember Kesarwani added as a co-sponsor. Adopted Resolution No. 71,934–N.S.

Council Consent Items
Tuesday, July 29, 2025 MINUTES Page 13

27. Berkeley’s First Sun Day Event: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds
From: Councilmember Humbert (Author)
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $500 per Councilmember including $500 from Councilmember Humbert to the Berkeley Rotary Club for the purpose of covering costs associated with hosting Berkeley’s inaugural “Sun Day” renewable energy festival on Sunday, September 21, 2025 with funds relinquished to the City’s General Fund for this purpose from the discretionary Council Office Budgets of Councilmember Humbert and any other Councilmembers who would like to contribute.

Financial Implications: See report
Contact: Mark Humbert, Councilmember, District 8, (510) 981-7180 Action: Councilmembers Tregub, O’Keefe, and Lunaparra added as co-sponsors.

Adopted Resolution No. 71,935–N.S. revised to include contributions from the following Councilmembers up to the amounts listed: Mayor Ishii - $250; Councilmember Lunaparra - $200; Councilmember O’Keefe - $500; Councilmember Bartlett - $250; Councilmember Blackaby - $250; Councilmember Taplin - $250; Councilmember Tregub - $250.

Action Calendar – Public Hearings

28. Accessory Dwelling Units (ADUs): Amendments to Title 21 (Subdivisions) to Allow Separate Sale of ADUs, and Amendments to Title 23 (Zoning) to Comply with State Law and Encourage ADU Development
From: City Manager
Recommendation: Conduct a public hearing, and upon conclusion, adopt the first reading of an Ordinance to 1) amend Title 21 (Subdivisions Ordinance) to implement Assembly Bill (AB) 1033 by establishing local regulations for the separate sale of ADUs as condominiums; and 2) amend Title 23 (Zoning) to bring the City’s ADU regulations into compliance with recent changes to State law, to incorporate feedback from the California Department of Housing and Community Development (HCD), and encourage ADU development.

Financial Implications: None
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Public Testimony: The Mayor opened the public hearing. 4 speakers.

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

Vote: All Ayes.

Action: M/S/C (Kesarwani/Lunaparra) to adopt the first reading of Ordinance No. 7,983–N.S. amending Title 23 of the Berkeley Municipal Code as recommended by the City Manager with the amendments listed below:

Action Calendar – Public Hearings
Tuesday, July 29, 2025 MINUTES Page 14
 Remove reference to Title 21 in Section 23.306.040(C)(2).  Incorporate amendments from Councilmember Blackaby as published in Supplemental Communications Packet #2, except to change the height standard for detached ADUs to 20 feet.
 Incorporate Councilmember Kesarwani’s proposed amendment adding a footnote to Table 23.306-1 defining New Construction.

Second reading scheduled for September 9, 2025.

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

29. Ordinance Vacating a Portion of Carleton Street from Westerly Terminus Extending 381.23 Feet Easterly
From: City Manager
Recommendation: 1. Conduct a public hearing and upon conclusion, adopt the second reading of the Ordinance voted upon at the July 22, 2025 City Council meeting vacating a 381.23-linear-foot (27,449 square foot) portion of the public right- of-way on Carleton Street, located at the westerly terminus of Carleton Street. 2.

Upon adoption of the second reading of the Ordinance, authorize the City Manager to execute a deed quit claiming that portion of the right-of-way of Carleton Street and conveying to the adjacent property owner, Bayer Healthcare LLC ("Bayer").

Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300
Public Testimony: The Mayor opened the public hearing. 25 speakers.

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

Vote: All Ayes.

Action: M/S/C (Taplin/Humbert) to adopt the second reading of Ordinance No. 7,982–N.S.

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

Information Reports

30. Status Report - Berkeley’s Financial Condition (FY 2012 – FY 2021): Pension Liabilities and Infrastructure Need Attention
From: City Manager
Contact: David White, City Manager's Office, (510) 981-7000, Henry Oyekanmi, Finance, (510) 981-7300
Action: Received and filed.

Action Calendar – Public Hearings
Tuesday, July 29, 2025 MINUTES Page 15

31. Commission on Labor Fiscal Year 2026 Work Plan
From: Commission on Labor
Contact: Emily Rose, Commission Secretary, (510) 981-5400 Action: Received and filed.

32. Annual Report on Landmarks Preservation Commission Actions From: Landmarks Preservation Commission
Contact: Anne Hersch, Commission Secretary, (510) 981-7400 Action: Received and filed.

33. Zero Waste Commission Fiscal Year 2025-26 Work Plan From: Zero Waste Commission
Contact: Julia Heath, Commission Secretary, (510) 981-6300 Action: Received and filed.

Public Comment – Items Not Listed on the Agenda - 6 speakers.

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

Vote: All Ayes.

Adjourned at 9:25 p.m.

I hereby certify that the foregoing is a true and correct record of the regular meeting held on July 29, 2025.
________________________
Mark Numainville, City Clerk
Communications
Ingram Letter

1. Richard Pettler
EMBER

2. Susanne Kalter DeWitt
E-Scooters

3. Robert Borghese (2)
Plaque Project

4. Sharon Entwistle

Tuesday, July 29, 2025 MINUTES Page 16
Lineage Repair Work

5. Eric Friedman
Ohlone Greenway Park

6. Transition Berkeley Members of the Board: Sylvia Soriano, Linda Currie, Bonnie Borucki, Pierre Thiry, Lori Hines, Ben Rosenthal, Jenifer Azulay, Ginny Hanger

7. Lucia Hammond (4)

8. Peter Radu

9. Lj Cranmer

10.Erik Dreher

11.Seth Kimball

12.Allison Bond

13.Melanie Lawrence
Public Resource for Honey Bee Swarm

14.Mateo Kaiser
Brown Act

15.Jennifer Knight

16.Chris Goldin

17.Micky Duxbury

18.Michael Tompkins
Cyclist Concerns

19.Stephanie Allan
Public Comeback

20.Steve Tracy
Pest Treatment

21.Alex Merenkov

22.Alesia Williams

23.Building & Safety Division, Rental Housing Safety Program Missing Middle

24.Dylan Miley (2)

25.Olivia Burger (2)
MLK and Virginia Street

26.Sunny
Parking Spot Near School Concern

27.Jordan Pierson
Claremont Ave Pedestrian

28.Ben Gerhardstein on behalf of Walk Bike Berkeley

Tuesday, July 29, 2025 MINUTES Page 17

29.Elise Proulx
Soft Story Ordinance

30.Todd Andrew (2)
“Help the Decent People”

31.Tajai Calip
Middle East Conflict

32.Nikki Kofsky
Supplemental Communications and Reports 1
Item #9: Mental Health Services Act Fiscal Year 2026 Annual Update

33.Revised agenda material submitted by the Health, Housing, & Community Services Department
Item #14: Contract Amendment No. 32100070: Urban Ore, Inc. for Salvage Operations at the City of Berkeley Transfer Station

34.Kat Larrowe on behalf of the Commission on Labor
Item #25: Berkeley Green New Deal: Workforce Development (Reviewed by the Land Use, Housing, & Economic Development Committee)

35.Supplemental agenda material submitted by Councilmember Terry Taplin Supplemental Communications and Reports 2
Item #24: Berkeley Nightlife Council (Reviewed by the Land Use, Housing & Economic Development Committee)

36.Supplemental agenda material, submitted by Councilmember Terry Taplin Item 28: Accessory Dwelling Units (ADUs): Amendments to Title 21 (Subdivisions) to Allow Separate Sale of ADUs, and Amendments to Title 23 (Zoning) to Comply with State Law and Encourage ADU Development

37.Supplemental agenda material, submitted by Councilmember Rashi Kesarwani

38.Supplemental agenda material, submitted by Councilmember Brent Blackaby

39.Supplemental agenda material, submitted by Councilmember Cecilia Lunaparra

40.Tess Fruge (2)

41.Jeanne Clinton

42.Ben Domingue

43.Eric Johnson
Supplemental Communications and Reports 3
Item #24: Berkeley Nightlife Council (Reviewed by the Land Use, Housing & Economic Development Committee)

44.Jeffrey Church

Tuesday, July 29, 2025 MINUTES Page 18
Action Calendar – Public Hearing
Item #28: Accessory Dwelling Units (ADUs): Amendments to Title 21 (Subdivisions) to Allow Separate Sale of ADUs, and Amendments to Title 23 (Zoning) to Comply with State Law and Encourage ADU Development

45.Presentation submitted by the Planning & Development Department

46.Rent Stabilization Board

47.Janice Schroeder

48.Valerie Knepper

49.Lee Bishop

50.Veronica Tamsitt
Item #29: Ordinance Vacating a Portion of Carleton Street from Westerly Terminus Extending 381.23 Feet Easterly

51.Beth Roessner

52.David Bowman
Miscellaneous

53.Gary and Anita Ingram

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
September 30, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Carianna Arredondo, Assistant to the City Manager, Reimagining Public Safety
Subject: Authorize Acceptance of Proposition 47 Cohort 5 Grant and Execution of Related Agreements

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to:
 Accept the Proposition 47 Cohort 5 grant award of $8,000,000 from the Board of State and Community Corrections (BSCC);
 Execute any resultant agreements and amendments; and
 Appropriate the funds for eligible project activities through the Annual Appropriations Ordinance (AAO) consistent with the grant budget.

FISCAL IMPACTS OF RECOMMENDATION
The City of Berkeley will receive up to $8,000,000 in Proposition 47 Cohort 5 funding from the BSCC. This is a no-match grant with no impact on the City’s General Fund.

Funding will support the implementation of the Berkeley CareBridge Program for three (3) years. The Berkeley CareBridge Program is a post-arrest diversion and reentry initiative for individuals experiencing homelessness and behavioral health needs.

Planned grant allocations include:
 Transitional housing, case management, and peer navigation services:
$6,256,700
 Daily meal provision: $500,000
 Program evaluation and data infrastructure: $424,290
 Indirect costs (not to exceed 15% of total award): $472,142  Project management and grant administration: $306,868

03

Authorize Acceptance of Proposition 47 Cohort 5 Grant CONSENT CALENDAR September 30, 2025

The grant could be cancelled by BSCC during the grant period if insufficient funds are not available through the Proposition 47 grant program, which is funded by the annual transfer of savings generated by Proposition 47. On or before July 31 of each fiscal year, the California Department of Finance will calculate the State savings associated with Proposition 47, which will determine whether sufficient funds are available for funding Berkeley CareBridge during the three-year period.

Budget changes beyond June 30, 2026, will be included in subsequent year budgets, contingent on Council budget approval. Should future funding not be available through the BSCC grant, staff would either seek alternate funding to continue the program or dissolve the program due to insufficient funding.

CURRENT SITUATION AND ITS EFFECTS
On June 23, 2025, the City of Berkeley submitted a competitive application to the BSCC for Proposition 47 Cohort 5 funding.

The proposed Berkeley CareBridge Program would provide a post-arrest diversion pathway for unhoused individuals with mental health and/or substance use disorders.

The program includes a six-month transitional housing model paired with comprehensive wraparound services. Participants would receive individualized case management, behavioral health and substance use treatment, civil legal support, and connections to housing and job readiness services.

The anticipated grant term is from October 1, 2025, to June 30, 2029, including a three- month startup phase and a six-month closeout and evaluation period.

The City submitted the application under the authority of the City Manager per Administrative Regulations 1.16 and 1.17, as no local match is required. However, City Council authorization is required to accept the grant award and execute the agreement with the State of California.

BACKGROUND
Proposition 47 reclassified certain non-violent offenses and established a grant program to support treatment-based alternatives to incarceration. The BSCC administers these funds to local governments implementing restorative, trauma-informed, and rehabilitative services for justice-involved individuals.

The Berkeley CareBridge Program was developed through a multi-departmental effort led by the City Manager’s Office, in collaboration with key departments including the Health, Housing, and Community Services Department and Police Department, service providers, and members of the Proposition 47 Local Advisory Committee (LAC). The program design aims to fill longstanding gaps in housing, treatment, and reentry support for justice-involved individuals experiencing homelessness and behavioral health needs.

Authorize Acceptance of Proposition 47 Cohort 5 Grant CONSENT CALENDAR September 30, 2025

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
Authorizing acceptance of the Proposition 47 grant award will enable the City to implement a critical post-arrest diversion and reentry program that addresses the root causes of justice involvement among unhoused individuals. The Berkeley CareBridge Program aligns with the City’s Reimagining Public Safety goals and builds upon existing infrastructure to deliver coordinated, trauma-informed, and culturally responsive services to a highly vulnerable population. Acceptance of the Proposition 47 Cohort 5 grant will enable the City to implement the Berkeley CareBridge Program. Council authorization ensures that the City can accept the funds, implement the program, and appropriate funds via the AAO process. This approach secures external resources to address root causes of justice involvement and homelessness while minimizing fiscal impact to the General Fund.

ALTERNATIVE ACTIONS CONSIDERED
None.

CONTACT PERSON
Carianna Arredondo, Assistant to the City Manager, Reimagining Public Safety, 510- 981-6903
Peter Radu, Assistant to the City Manager, Neighborhood Services, 510-981- 7045
Jennifer Louis, Chief of Police, 510-981-5700
Scott Gilman, Director of Health, Housing, and Community Services, (510) 981-5400 Attachments:
1: Resolution

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

AUTHORIZING ACCEPTANCE OF A $8,000,000 GRANT FROM THE BOARD OF STATE AND COMMUNITY CORRECTIONS (BSCC) THROUGH PROPOSITION 47 COHORT 5, AND AUTHORIZING THE EXECUTION OF RELATED DOCUMENTS WHEREAS the City of Berkeley desires to participate in the Proposition 47 Grant administered by the Board of State and Community Corrections (hereafter referred to as BSCC); and
WHEREAS, Proposition 47 reclassified certain non-violent offenses and established a state-administered grant program to support local efforts that reduce recidivism and improve access to mental health, substance use disorder treatment, housing, and other supportive services; and
WHEREAS, on June 23, 2025, the City submitted a Proposition 47 Cohort 5 grant application to the Board of State and Community Corrections (BSCC) requesting $8,000,000 to support program implementation; and
WHEREAS, the grant will fund transitional housing, behavioral health and substance use treatment, civil legal support, peer navigation, meals, and program administration; and WHEREAS, the anticipated grant term is from October 1, 2025, through June 30, 2029, and includes a three-month startup period and a six-month closeout and evaluation period; and
WHEREAS, the City Manager is authorized under Administrative Regulations 1.16 and

1.17 to apply for no-match grants; however, City Council approval is required to accept the grant and execute related agreements; and
WHEREAS, the proposed activities are in alignment with the City’s strategic goals around public health, safety, and equity, and acceptance of the grant will not impact the City’s General Fund; and
WHEREAS, the City Manager’s Office will oversee program implementation in coordination with relevant City departments, service providers, and the Local Advisory Committee (LAC).

NOW, THEREFORE, BE IT RESOLVED that the City Manager, or their designee, be authorized on behalf of the City Council to submit the grant proposal for this funding and sign the Grant Agreement with the BSCC, including any amendments thereof.

BE IT FURTHER RESOLVED that the City Manager is authorized to appropriate the full grant amount into the Fiscal Year 2026–2029 budgets and allocate funding to eligible project activities, including staffing, transitional housing, program operations, and evaluation.

Authorize Acceptance of Proposition 47 Cohort 5 Grant CONSENT CALENDAR September 30, 2025

BE IT FURTHER RESOLVED that grant funds received hereunder shall not be used to supplant expenditures controlled by this body.

BE IT FURTHER RESOLVED that the City of Berkeley agrees to abide by the terms and conditions of the Grant Agreement as set forth by the BSCC.

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: www.berkeleyca.gov/manager

CONSENT CALENDAR
September 30, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Henry Oyekanmi, Director, Finance Department Subject: 2026 Tax Rate: Transportation Network Company User Tax

RECOMMENDATION
Adopt first reading of an Ordinance setting the 2026 tax rate (effective January 1, 2026) for the transportation network company at the following rates: 62 cents on the user for each prearranged trip that originates in the City that is not part of a pooled prearranged trip and 30 cents for each pooled prearranged trip on each user who arranges each prearranged trip that originates in the City and which comprises part of the pooled prearranged trip.

FISCAL IMPACTS OF RECOMMENDATION
The tax levy of the recommended 62 cents for each non-pooled prearranged trip and 30 cents on each user for each pooled prearranged trip will generate resources that are estimated at $1,128,971 for the General Fund.

CURRENT SITUATION AND ITS EFFECTS
The 2025 tax of 58.277 cents tax per each non-pooled prearranged trip and the 28.457 cents tax per each pooled prearranged trip is being adjusted by the per capita Personal Income Growth factor in California of 6.440%, as the voters approved the greater of the Personal Income Growth in the state of California of 6.440% or Consumer Price Index in the immediate San Francisco Bay Area of 1.300%.

BACKGROUND
On November 3, 2020, over 66% of Berkeley voters approved Measure GG which authorized a transportation network company user tax for prearranged trips for private and pooled trips for general municipal services in the City until January 1, 2041.

In accordance with Berkeley Municipal Tax Code 7.71.030, the tax may be increased or decreased annually in May, according to the greater of the increase or decrease in the cost of living in the immediate San Francisco Bay Area or personal income growth in the state of California, as verified by official United States economic report.

Transportation Network Company User Tax CONSENT CALENDAR September 30, 2025

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

ALTERNATIVE ACTIONS CONSIDERED
The fiscal impact on general municipal services of forgoing an adjustment to the fiscal year’s transportation network company user tax would be a reduction of $68,307 in estimated collections.

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

ORDINANCE NO. -N.S.

IMPOSING A GENERAL TAX ON USERS OF TRANSPORATION NETWORK COMPANIES AT A RATE OF 62 CENTS FOR PRIVATE TRIPS AND 30 CENTS FOR

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

Section 1. In accordance with Berkeley Municipal Tax Code 7.71.030, the 2026 Tax Rate, effective January 1, 2026, to fund general municipal services is set at 62 cents for private trips and 30 cents for pooled trips.

Section 2. This tax rate will result in estimated total collections of $1,128,971.

Section 3. 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.

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
September 30, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Scott Gilman, Director, Health, Housing & Community Services Department
Subject: Application to the Behavioral Health Continuum Infrastructure Program (BHCIP) Round 2: Unmet Needs

RECOMMENDATION
Adopt a resolution to:
1) Authorize the City of Berkeley (City) to apply to the California Department of Health Care Services for Bond BHCIP Round 2 grant funds in an amount not to exceed $6,947,050.
2) Authorize the City Manager, or designee, to execute the Program Funding Agreement and any related documents necessary to secure and administer the grant.
3) Acknowledge that the City will comply with every term and condition of the Program Funding Agreement.
4) Designate the City Manager, or designee, as the City’s Authorized Signatory for all Program documents.

FISCAL IMPACTS OF RECOMMENDATION
If awarded funding, the City is required to provide at least a 10% match. BHCIP applications that incorporate higher matching percentages will score higher than those with lower ones. Based on our available funding, we propose an approximately 21% cash match for a total of $1,850,000. The cash match amount will be comprised of 70% Mental Health Services Act Funds ($1,300,000 in Fund 315) and 30% Opioid Settlement Funds ($550,000 in Fund 137). In addition, the appraised equity in real property in the existing building at 2636 Martin Luther King Jr. Way will be reported as an in-kind contribution, further increasing the total match. Funding to cover costs associated with the application will be recommended for appropriation through the first amendment to the FY2026 appropriations ordinance. No General Fund dollars will be requested for this project. No new staff or program costs outside the construction costs are associated with this project.

Application to BHCIP Bond Round 2: Unmet Needs CONSENT CALENDAR September 30, 2025

CURRENT SITUATION AND ITS EFFECTS
Currently, the existing building located at 2636 Martin Luther King Jr. Way is unusable due to unsafe building conditions and cannot be certified by the county for any treatment purposes without major structural changes. All outpatient adult mental health clinic appointments must currently occur at the building next door, 2640 Martin Luther King Jr. Way. That building is currently at capacity and cannot serve additional clients in one-on-one therapy or group treatment settings. Berkeley Adult Mental Health clients are primarily vulnerable populations, who often face challenges such as a history of (often chronic) homelessness, justice system involvement, high risk of institutionalization, substance use disorders, and severe mental health challenges.

If the City is awarded BHCIP funding to renovate 2636 Martin Luther King Jr. Way, Adult Mental Health will obtain eight new outpatient treatment rooms and one flexible group treatment and/or peer respite space. If the City is awarded BHCIP Round 2 funds, the State Department of Health Care Services requires that a 30-year deed restriction be recorded on the property at 2636–2640 Martin Luther King Jr. Way. This restriction will ensure the property continues to be operated for behavioral health services and will limit the City’s ability to repurpose or dispose of the site for other purposes during that period. With this additional facility space, peer respite and group treatment services will be increased, providing care to more individual clients, and expanding offerings for existing clients. The new building would also include storage space for medical records.

If the City is awarded funding to renovate this building, its capacity for providing mental health treatment to vulnerable City residents will nearly double by increasing daily available treatment slots from the current maximum of 19 to a total of 35 while reducing staff travel time in the field. This increase in availability of on-site services will advance the City’s Strategic Plan Priority of championing and demonstrating social and racial equity.

BACKGROUND
On May 30, 2025, the California Department of Health Care Services issued the Bond BHCIP Round 2 Request for Applications, which requires a governing-body resolution with specific language. Renovation of 2636 Martin Luther King Jr. Way will leverage BHCIP funds to bring an unusable building back into productive service. 2636 Martin Luther King Jr. Way has been unusable as office space since June 2025 due to lead paint and mold, and it has been unusable as a treatment space since the Americans with Disabilities Act (ADA) was signed into law in July 1990 because it has never conformed to ADA accessibility standards.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Staff will work with the project architect and Public Works to identify cost-effective measures that reduce greenhouse-gas emissions, improve energy efficiency, and manage construction waste in line with adopted City climate-action policies As a restoration of an existing urban site, the project will not negatively impact the natural

Application to BHCIP Bond Round 2: Unmet Needs CONSENT CALENDAR September 30, 2025

habitat and will likely qualify for a categorical exemption under CEQA Guidelines 15301 (Existing Facilities) or 15302 (Replacement or Reconstruction).

RATIONALE FOR RECOMMENDATION
Securing up to $4,670,000 in State capital funding will rehabilitate the City-owned building at 2636 Martin Luther King Jr. Way, expand behavioral-health services, and leverage existing local resources. Delaying or declining the application would result in the building remaining vacant and unusable, prolong service gaps and could forfeit a competitive funding opportunity.

ALTERNATIVE ACTIONS CONSIDERED
The City could forgo application for Bond BHCIP Round 2 funding, in which case the City would have insufficient funds to renovate 2636 Martin Luther King Jr. Way and expand behavioral health services or utilize existing building infrastructure.

CONTACT PERSON
Catherine Roseman, Community Services Specialist III, HHCS, 510-981-5232 Attachments:
1: Resolution

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

CITY OF BERKELEY APPLICATION AND PARTICIPATION IN THE BEHAVIORAL HEALTH CONTINUUM INFRASTRUCTURE PROGRAM (BHCIP) – BOND ROUND 2:

UNMET NEEDS
WHEREAS, The California Department of Health Care Services (DHCS) issued a Request for Applications dated May 30, 2025 for Bond BHCIP Round 2 (2025): Unmet Needs; and
WHEREAS, the City of Berkeley Adult Mental Health facility at 2636 Martin Luther King Jr. Way is currently unusable, and staff are unable to provide mental health services at that location; and
WHEREAS, the City of Berkeley desires to apply for Program grant funds and will submit an application for Program grant funds to DHCS; and
WHEREAS, renovating the facility will restore it to safe, code-compliant condition, add eight outpatient treatment rooms and one flexible peer-respite / group treatment room; and
WHEREAS, if the City is awarded Program funds, it will contribute a local match equal to at least ten percent of the total project cost, using Mental Health Services Act funds and opioid-settlement proceeds, and the appraised value of the City-owned property at 2636 Martin Luther King Jr. Way will be reported as an in-kind contribution to further increase the total match; and
WHEREAS, as a condition of receiving Bond BHCIP Round 2 funds, the Department of Health Care Services requires that a 30-year deed restriction be recorded on the property at 2636–2640 Martin Luther King Jr. Way, ensuring the site is operated for behavioral health services during that period; and
WHEREAS, the Program guidelines require the City Council to authorize submission of the application and to designate an authorized representative to execute all documents related to the grant.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager, or designee, is authorized to submit an application to the California Department of Health Care Services for Bond BHCIP Round 2 Program funds in an amount not to exceed $6,947,050.

BE IT FURTHER RESOLVED that, if the application is approved, the City Manager, or designee, is authorized to execute the Program Funding Agreement and any other documents required by the State, including amendments, and to execute and record a 30-year deed restriction encumbering the property at 2636–2640 Martin Luther King Jr.

Way as required by the Program.

BE IT FURTHER RESOLVED that the City shall comply with every term and condition of the Program Funding Agreement; all activities, expenditures, information, and timelines represented in the application shall be enforceable through that Agreement, and grant funds shall be used only for costs allowable under the Program.

BE IT FURTHER RESOLVED that, upon award, the City will provide a local cash match of approximately 21% of the total project cost, to be satisfied with Mental Health Services Act capital-facilities funds (Fund 315), National Opioid Settlement proceeds (Fund 137), and the appraised value of the City-owned property at 2636 Martin Luther King Jr. Way will be reported as an in-kind contribution to further increase the total match.

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
September 30, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Scott Gilman, Director, Health, Housing and Community Services Subject: Contract No. 32300180 Amendment: GoGo Technologies, Inc. for Provision of Transportation Services for Seniors and the Disabled

RECOMMENDATION
Adopt a Resolution authorizing the City Manager or designee to execute an amendment to Contract No. 32300180 for an additional $150,000 with GoGo Technologies, Inc. for the purpose of providing a 24/7 concierge call center that arranges rides with Uber and Lyft for the City’s seniors and disabled community. The contract amendment’s not-to- exceed amount will be increased to $500,000 for the period July 1, 2025, through June 30, 2026.

FISCAL IMPACTS OF RECOMMENDATION
The total amount of the contract amendment with GoGo Technologies, Inc. is $150,000, which results in a total contract amount not-to-exceed $500,000. This contract is funded by Measure BB Direct Local Distribution funding, which is distributed by the Alameda County Transportation Commission for Fiscal Year 2026 (FY2026).

CURRENT SITUATION AND ITS EFFECTS
Uber and Lyft are transportation network companies that provide on-demand curb to curb transportation. Most Uber and Lyft services are accessed through a smartphone and require the need to download an Uber/Lyft application and navigate the application in order to request a ride. GoGo Technologies allows seniors to use Uber and Lyft without the need for a smartphone and provides a 24/7 call center with an automated and operator assisted system for customers enrolled in Berkeley Rides for Seniors & the Disabled program.

Riders have reported appreciation for GoGo rides as they find the service to be more individualized, efficient and the service is available 24/7.

BACKGROUND
GoGo Technologies has been providing 24/7 concierge call center services for the coordination of Uber and Lyft rides to seniors since 2016. They tailor their services to the needs of seniors; for example, by matching a senior with mobility limitations with a

06

Contract Amendment: GoGo Technologies, Inc. for Provision CONSENT CALENDAR of Transportation Services for Seniors and the Disabled September 30, 2025

driver and car that meets their special needs, and by having operators monitor the rides and providing necessary alerts to family members and emergency contacts. GoGo Technologies, Inc. is the only 24/7 call center concierge service for the provision of Uber and Lyft rides that tailors their services specifically to seniors and people with disabilities. On March 14, 2023 the Berkeley City Council adopted Resolution No. 70,713-N-S approving Contract No. 32300180.

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

RATIONALE FOR RECOMMENDATION
Since 2015, there has been a consistent and significant decrease in the number of permitted taxi companies and taxi drivers in the City of Berkeley. In 2015, we had 59 taxi companies and 110 taxi drivers, compared to 20 taxi companies and 24 taxi drivers in operation currently.

With continued diminishing numbers of taxi cabs and taxi cab drivers, this trend will impact the City’s ability to provide an on-demand transportation service to our seniors and disabled community. Partnering with GoGo Technologies, Inc. will ensure that the City continues to provide on-demand transportation services that our seniors and disabled community members can depend upon.

ALTERNATIVE ACTIONS CONSIDERED
The City could decide not to adopt this resolution which would lead to fewer transportation options for Berkeley’s senior and the disabled community.

CONTACT PERSON
Oanh Guise, Interim Aging Services Division Manager, HHCS, 981-5113 Attachments:
1: Resolution

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

CONTRACT NO. 32300180 AMENDMENT: GOGO TECHNOLOGIES, INC. FOR

PROVISION OF TRANSPORTATION SERVICES FOR SENIORS AND THE

DISABLED
WHEREAS, on April 1, 2023, the City of Berkeley entered into Contract No. 32300180 with GoGo Technologies, Inc. for the provision of a 24/7 call center to arrange rides with Uber and Lyft for customers of Aging Services Division’s Berkeley Rides for Seniors & the Disabled program in amount not to exceed $350,000 for the period of April 1, 2023 to June 30, 2026; and
WHEREAS, in 2024, Alameda County residents passed Measure BB authorizing an extension and augmentation of Measure B transportation sales tax which sunset in 2023; and
WHEREAS, Measure BB provides an allocation to City of Berkeley to fund transportation services for seniors and the disabled; and
WHEREAS, GoGo Technologies, Inc. is a 24/7 concierge call center that arranges rides with Uber and Lyft; and
WHEREAS, Measure BB funding for GoGo Technologies, Inc. is available in the Fiscal Year 2026 budget; and
WHEREAS, Measure BB funding is available in the Fiscal Year 2026 budget in Fund 136.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager or designee is authorized to execute an amendment to Contract No. 32300180 for an additional $150,000 with GoGo Technologies, Inc. for the purpose of providing a 24/7 concierge call center that arranges rides with Uber and Lyft for the City’s seniors and disabled community. The contract amendment’s not-to-exceed amount will be increased to $500,000 for the period July 1, 2025 through June 30, 2026. A record signature copy of said contract and any amendments shall be on file in the office of the City Clerk.

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
September 30, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Scott Gilman, Director, Health, Housing and Community Services Subject: Contract No. 32300207 Amendment: Easy Does It for Provision of Wheelchair Van Service for Seniors & Disabled Riders

RECOMMENDATION
Adopt a Resolution authorizing the City Manager or designee to execute an amendment to Contract No. 32300207 for an additional $75,000 with Easy Does It for the purpose of providing lift-equipment accessible wheelchair van services to the City of Berkeley’s wheelchair riders. The contract’s not-to-exceed amount will be increased to a total of $250,000 for the period of July 1, 2025, to June 30, 2026.

FISCAL IMPACTS OF RECOMMENDATION
Funding source for the additional $75,000 for the Easy Does It contract amendment is from Measure BB Direct Local Distribution funding distributed by the Alameda County Transportation Commission for Fiscal Year 2026 (FY2026).

CURRENT SITUATION AND ITS EFFECTS
Easy Does It provides lift-equipment accessible wheelchair van service to those wheelchair customers enrolled in Berkeley Rides for Seniors & the Disabled program.

The service shall include 7 days-a-week same-day and advanced scheduled curb-to- curb, and when necessary, door-to-door and door through door service. Customers are transported to destinations within the City of Berkeley and for those with medical appointments within 15 miles of the jurisdictional boundaries of Berkeley, including Oakland, Richmond, Walnut Creek, San Rafael, Fremont and San Francisco.

BACKGROUND
Easy Does It has been providing lift-equipment with accessible wheelchair van service to the City’s wheelchair van program customers since 2005. Easy Does It is the only local lift-equipment accessible wheelchair van service provider and provides an essential service to the City’s wheelchair customers. On April 11, 2023, the Berkeley City Council adopted Resolution No. 70,755 approving Contract No. 32300207 with Easy Does It for the provision of accessible wheelchair van services.

Contract Amendment: Easy Does It for Provision of Wheelchair CONSENT CALENDAR Van Service for Seniors & Disabled September 30, 2025

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

RATIONALE FOR RECOMMENDATION
Easy Does It provides an essential transportation service to wheelchair-bound Berkeley community members.

ALTERNATIVE ACTIONS CONSIDERED
If the City could not contract with Easy Does It to provide wheelchair van transportation to senior and disabled community members, this would lead to a significant gap in transportation services that would not be provided to senior and disabled community members in Berkeley.

CONTACT PERSON
Oanh Guise, Interim Aging Services Division Manager, HHCS, 981-5113 Attachments:
1: Resolution

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

CONTRACT NO. 32300207 AMENDMENT: EASY DOES IT FOR PROVISION OF

ACCESSIBLE WHEELCHAIR VAN SERVICE FOR SENIORS & DISABLED WHEREAS, on July 1, 2023, the City of Berkeley entered Contract No. 32300207 with Easy Does It for the provision of accessible wheelchair van services to riders of the Aging Services Division’s Berkeley Rides for Seniors & the Disabled program in an amount not to exceed $250,000 for the period of July 1, 2023 through June 30, 2026; and WHEREAS, in 2014, Alameda County residents passed Measure BB authorizing an extension and augmentation of Measure B transportation sales tax which sunset in 2023; and
WHEREAS, Measure BB provides an allocation to the City of Berkeley to fund transportation services for seniors and the disabled; and WHEREAS, Measure BB funding is available in the Fiscal Year 2026 budget in Fund 136; and
WHEREAS, Easy Does It provides an average of 1,800 lift accessible wheelchair van rides each year to the City of Berkeley’s wheelchair riders; and WHEREAS, Easy Does It has been providing lift equipment accessible wheelchair van service to the City of Berkeley’s wheelchair customers since 2005.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager or designee is authorized to execute an amendment to Contract No. 32300207 for an additional $75,000 with Easy Does It for the purpose of providing lift equipment accessible wheelchair van services to the City of Berkeley’s wheelchair riders.

The contract amendment’s not-to-exceed amount will be increased to a total of $250,000 for the period of July 1, 2025, to June 30, 2026. A record signature copy of said contract and amendments shall be on file in the City Clerk Department.

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
September 30, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Scott Gilman, Director, Health, Housing, and Community Services Subject: Revenue Grant Agreement: Funding Support from the California Department of Public Health to Enhance Disease Intervention Workforce Development

RECOMMENDATION
Adopt a Resolution authorizing the City Manager or designee to accept funds from the California Department of Public Health (CDPH) in the projected amount of $523,953.

FISCAL IMPACTS OF RECOMMENDATION
For Fiscal Year 2026 (FY2026) (Fund 336), the City of Berkeley is expected to receive $58,217 from CDPH, with an additional $116,434 annually from FY2027 to FY2030.

This grant, which is not currently included in the adopted FY2026 budget, is subject to Council approval as part of the budget and the Annual Appropriations Ordinance for each fiscal year. There is no match requirement for this funding. However, the City does provide general funds to support the Communicable Disease Prevention and Control Program within the Health, Housing, and Community Services (HHCS) Department’s Public Health Officer Unit (PHOU).

CURRENT SITUATION AND ITS EFFECTS
The grant funding is intended to strengthen disease prevention, increase the capacity for disease investigation, ensure appropriate treatment, connect individuals to care, monitor disease trends, and rapidly respond to outbreaks of STIs, HIV, HCV, mpox, and other emerging sexually transmissible diseases. This is achieved through the development and expansion of the Disease Intervention Specialist workforce.

While rates of gonorrhea, syphilis, and chlamydia in Berkeley have remained relatively stable from 2020 to 2024, limited capacity has hindered active case finding and community outreach. The proactive efforts of Disease Intervention Specialists are crucial for identifying, tracking, and controlling outbreaks, thereby enhancing public health by reducing transmission and ensuring timely treatment. This grant is a Strategic Plan Priority Project, advancing the city’s goal to attract and retain a talented and diverse government workforce.

BACKGROUND

08

Revenue Grant: California Department of Public Health, CONSENT CALENDAR Disease Intervention Specialist Workforce Development September 30, 2025

The City of Berkeley receives funding from many sources annually to complete work related to improving the health of the community. As a local health jurisdiction, the City receives specific funding from the State of California to meet core public health objectives. The Public Health Officer Unit in the Health, Housing, and Community Services Department is committed to providing services to the community to promote equitable, healthy environments and prevent the spread of disease.

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
These funds support essential services related to the City’s mandates as a public health jurisdiction and local initiatives designed to address health inequities in Berkeley and improve the health of Berkeley residents.

ALTERNATIVE ACTIONS CONSIDERED
Staff did not identify an alternative action that would be consistent with the City’s goals of preventing the spread of disease and promoting healthy, equitable environments.

CONTACT PERSON
Alexandra Deitch, Sr. Health Services Program Specialist, HHCS, 510-981-5379 Attachments:
1: Resolution

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

GRANT AGREEMENT: CALIFORNIA DEPARTMENT OF PUBLIC HEALTH FOR

DISEASE INTERVENTION SPECIALIST WORKFORCE DEVELOPMENT
WHEREAS, the City of Berkeley Department of Health, Housing and Community Services (HHCS) provides a broad range of needed public health program services to the community; and
WHEREAS, HHCS, Public Health Officer Unit works to prevent and protect residents from communicable diseases, promote healthy, equitable environments and behaviors, and prevent illness, disability, and premature death; and
WHEREAS, the City of Berkeley Department of Health, Housing and Community Services seeks to eliminate health inequities; and
WHEREAS, the City of Berkeley should seek outside funding wherever possible to fund essential health services; and
WHEREAS, it is state-mandated as a local health jurisdiction to provide prevention and control of communicable diseases such as sexually transmitted infections (STI), HIV, Hepatitis C, and mpox; and
WHEREAS, this California Department of Public Health funding will support workforce development efforts aimed at preventing, investigating, monitoring, and controlling communicable diseases.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager or designee is hereby authorized to accept grant funds from the California Department of Public Health in the projected amount of $523,953.

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
September 30,2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Scott Ferris, Director, Parks Recreation & Waterfront Subject: Donation: Memorial Bench at Berkeley Marina in memory of Michael W.

Orton

RECOMMENDATION
Adopt a Resolution accepting a cash donation in the amount of $3,400 for a memorial bench to be placed at Berkeley Marina in memory of Michael W. Orton.

FISCAL IMPACTS OF RECOMMENDATION
The value of a single bench and memorial plaque is $3,400, which covers the purchasing and installation costs performed by the City. The cash donation will be deposited into Marina Fund donation revenue budget code 608-52-544-591-0000-000- 000-481110 and will be appropriated in FY 2026.

CURRENT SITUATION AND ITS EFFECTS
The family of Michael W. Orton wishes to donate a memorial bench in their memory to be placed at the Berkeley Marina with a cash donation of $3,400. Per the City’s Park Bench Donation Policy, individuals may donate memorial benches to the City’s parks in selected locations, subject to the approval of the Director of the Parks Recreation & Waterfront Department, and pay for all associated costs, subject to Council disclosure and approval of the gift donation. The Director has determined that the proposed donation complies with the City’s Bench Donation Policy as described in Resolution No. 64,148-N.S. and has approved the donation, subject to Council approval.

BACKGROUND
Benches are placed throughout the City in accordance with the City’s Park Bench Donation Policy approved by Council on July 22, 2008 (Resolution No. 64,148-N.S.).

The City’s Open Governance Ordinance (OGO) requires City Council disclosure and approval of any gift to the City in excess of $1,000 (BMC Section 2.06.150, Ord. 7,166- N.S.)

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACT
The City’s vendor for benches, Dumor, Inc., makes it a priority to purchase only sustainably-harvested wood derived from stringently-regulated timber source locations,

Memorial Bench at Berkeley Marina in memory of Michael W. Orton CONSENT CALENDAR September 30,2025

including California, Oregon, Washington and British Columbia. This policy reduces solid waste volumes in landfills, helps conserve natural resources and limits the environmental effects resulting from the extraction of virgin materials. The benches therefore comply with the City’s environmentally preferable purchasing policy, specifically section 3.7 Forest Conservation.

RATIONALE FOR RECOMMENDATION
The City’s Parks Donation Policy provides a mechanism whereby families can donate a memorial bench that both honors a family member and provides the public with a needed amenity.

CONTACT PERSON
Bruce Pratt, Parks Superintendent, 510-981-6700
Alexandra Endress, Waterfront Manager, 510-981-6737
Attachments:
1: Resolution

RESOLUTION NO. -N.S.

DONATION: MEMORIAL BENCH AT THE BERKELEY MARINA IN MEMORY OF MICHAEL W. ORTON
WHEREAS, on July 22, 2008, Council adopted the Park Bench Donation Policy (Resolution No. 64,148-N.S.); and
WHEREAS, the City’s Open Governance Ordinance (OGO) requires City Council disclosure and approval of any gift to the City in excess of $1,000 (BMC Section 2.06.150, Ord. 7,166-N.S.); and
WHEREAS, the family of Michael W. Orton wishes to donate a memorial bench in their memory to be placed at the Berkeley Marina with a cash donation of $3,400; and WHEREAS, per the City’s Park Bench Donation Policy, individuals may donate memorial benches to the City’s parks in selected locations, subject to the approval of the Director of the Parks Recreation & Waterfront Department, and pay for all associated costs, subject to Council disclosure and approval of the gift donation; and WHEREAS, the Director has determined that the proposed donation complies with City’s Bench Donation Policy as described in Resolution No. 64,148-N.S. and has approved the proposed donation; and
WHEREAS, the cash donation will be deposited into Marina Fund donation revenue budget code 608-52-544-591-0000-000-000-481110- and will be appropriated in FY 2026.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that a cash donation in the amount of $3,400 for a memorial bench to be placed at the Berkeley Marina in memory of Michael W. Orton is hereby accepted.

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
September 30, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Terrance Davis, Director, Public Works
Subject: Purchase Order with Coast Counties Peterbilt for Seven 2026 Model Peterbilt 520 Rear-Loader Refuse Trucks with McNeilus Bodies

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute a purchase order with Coast Counties Peterbilt for seven 2026 Peterbilt Model 520 rear-loader refuse trucks with McNeilus bodies, in an amount not to exceed $3,800,000.

FISCAL IMPACTS OF RECOMMENDATION
The FY26 Adopted Public Works Department Equipment Maintenance (Fund 672) Budget includes $1,000,000 of the funding required for this purchase. The $2,800,000 balance of funding necessary will be added via Annual Appropriations Ordinance #1.

CURRENT SITUATION AND ITS EFFECTS
Several existing refuse trucks are reaching the end of their useful life and require replacement. This purchase will replace seven Rear Loader Refuse Collection Trucks that entered service in 2017. Since these trucks take at least 18 months to build, it is prudent of the Department to purchase them in advance to ensure continuity of service.

The City’s competitive bidding requirements for this purchase has been satisfied through the utilization of Sourcewell Contract No.032824-PMC.

Replacement trucks are needed by the Public Works Department to provide refuse, recycling, and green waste collection services in the City. This purchase order will support the City’s fleet and is aligned with the City’s Strategic Plan Priorities, advancing our goal to provide state-of-the-art, well-maintained infrastructure, amenities, and facilities.

BACKGROUND
The City Charter allows the City to purchase goods without undergoing a competitive bid process if the City utilizes pricing obtained by another entity through a competitive process. On February 8, 2024, Sourcewell released Request for Proposal No. 032824 for Class 4-8 Chassis and Cabs with Related Equipment, Accessories and Services. The solicitation was released for approximately fifty days, and thirty-five proposals were submitted. Upon review of

Purchase Order: Coast Counties Peterbilt for Seven CONSENT CALENDAR Peterbilt model 520 Rear Loaders with McNeilus Bodies September 30, 2025

proposals, the Sourcewell Proposal Evaluation Committee selected Peterbilt Motors Company as the best most responsive proposer to meet the specifications thusly awarding Contract No. 032824-PMC.

On July 5, 2024, Peterbilt entered into a contract for 2026 Peterbilt Model 520 rear-loader refuse trucks with McNeilus bodies. Article 5, Section A of the referenced contract states that the contract will be extended to other California local and state governmental entities wishing to use the pre-negotiated prices and terms of this contract.

Throughout the year, Public Works purchases vehicles and equipment via cooperative contracts to ensure City departments receive the best pricing. These vehicles are specialized and require specialized equipment and installation. Once the new trucks have arrived, the replaced trucks will be sent to auction and have an estimated auction value of $20,000 per truck. Auction proceeds of the auctioned equipment are returned to the Equipment Maintenance Fund to support future vehicle purchases.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The City prioritizes procuring the most environmentally clean, most efficient vehicles available and will continue transitioning from diesel to renewable fuels toward an all- electric fleet, where technically feasible. These proposed new trucks will be fueled by renewable diesel and will be replaced at the end of their life with electric vehicles if available at that time. The Transfer Station requires significant charging infrastructure investments to accommodate electric heavy vehicles in the future. This is a component of the Zero Waste Strategic Plan which is currently under development.

RATIONALE FOR RECOMMENDATION
Purchasing 2026-model rear-loader refuse trucks is the most cost-effective option versus extending the life of older units, which is cost-prohibitive due to parts and downtime. The seven current 2017-model rear-loaders are due for replacement and are almost 10 years old which is the predicted lifespan of the truck. These refuse trucks have reached the end of their useful life due to high usage and expected wear and tear while operational. The most cost-effective action is to replace the seven current 2017- model year refuse trucks with 2026-model refuse trucks. These 2026-model refuse trucks have warranties that will additionally lower the cost of maintenance and repair throughout their useful life.

These vehicles require specialized supplies, equipment, and installation to ensure that they meet public safety and operational requirements. Piggybacking on pricing obtained through another public agency’s competitive bidding process ensures that the City receives the most competitive pricing.

Purchase Order: Coast Counties Peterbilt for Seven CONSENT CALENDAR Peterbilt model 520 Rear Loaders with McNeilus Bodies September 30, 2025

ALTERNATIVE ACTIONS CONSIDERED
Delaying the purchase of these refuse vehicles was considered but that action would increase the preventive maintenance and repair costs due to standard wear and tear.

The refuse trucks would be inoperable while they undergo repairs with an increase in downtime as the refuse trucks age, which would cause an impact to community service and staff overtime. Purchasing used refuse trucks was also considered but that was determined to be high-risk. Delaying replacing the refuse trucks until a future fiscal year would additionally lead to delays in refuse collection.

Alternative refuse truck models were considered. However, purchasing the 2026 Peterbilt Model 520 rear-loader refuse trucks with McNeilus bodies, was found to be the lowest cost and highest value. Benefits of purchasing this type and model of refuse truck include the local repair shop support for both the cab and the truck body, thereby reducing potential downtime. The trucks are also equipped with Paccar PX-9 engines, which have an overall lower maintenance cost and should generate additional savings.

CONTACT PERSON
Joy Brown, Operational Manager, (510) 981-6629
Leticia Jauregui, Solid Waste & Recycling Manager, (510) 981-6362 Don Colbert, Acting Equipment Supervisor, (510) 981-6467 Attachments:
1: Resolution

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

PURCHASE ORDER: COAST COUNTIES PETERBILT FOR SEVEN PETERBILT MODEL 520 REAR LOADERS WITH MCNEILUS BODIES
WHEREAS, seven rear loaders are needed by the City’s Public Works Zero Waste Division; and
WHEREAS, vehicles must be replaced on a reasonable schedule to allow City employees to carry out their duties in a safe and effective manner; and WHEREAS, unit numbers 06385, 06386, 06387, 06388, 06389, 06390 and 06391 are 2017 model refuse vehicles that are due for replacement and have reached the end of their useful life; and
WHEREAS, on February 8, 2024, Sourcewell released Request for Proposal No. 032824 for Class 4-8 Chassis and Cabs with Related Equipment, Accessories and Services.

The solicitation was released approximately fifty days, and thirty-five proposals were submitted. Upon their review the Sourcewell Proposal Evaluation Committee selected Peterbilt Motors Company as the best most responsive proposer to meet the specifications thusly awarding Contract No. 032824-PMC; and WHEREAS, the Peterbilt Motors Company authorized dealer for the City is Coast Counties Truck and Equipment CO. dba Coast Counties Peterbilt will take the lead in placing the order for the chassis and will provide service, pre-delivery inspection and preparation of the completed units for delivery to the City; and WHEREAS, the rear loader bodies will be ordered by Coast Counties Peterbilt through Haaker Refuse Bodies, who is a McNeilus authorized dealer located in Hayward CA.

Pricing for the bodies was applied from the Sourcewell McNeilus Financial dba McNeilus Truck & Mfg. Contract No. 032824-PMC; and
WHEREAS, for all contracts Sourcewell charges an administrative fee based upon the percentage of the sale, and that fee is paid by the Contractor directly to Sourcewell.

For this purchase the fee will be paid by Peterbilt Motors Company and will not be passed onto the City.

WHEREAS, the Sourcewell contract bid procedures satisfy the procurement requirements of the City; and
WHEREAS, funds in the amount of $2,800,000 are available in FY 2026.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to execute a purchase order for seven 2026 model Peterbilt 520 rear-loaders with bodies with Coast Counties Peterbilt in an amount not to exceed $3,800,000.

CONSENT CALENDAR
September 30, 2025
To: Honorable Mayor and Members of the City Council
From: Councilmember Terry Taplin, Councilmember Bartlett (Co-Sponsor),Councilmember Igor Tregub (Co-Sponsor), Councilmember Brent Blackaby (Co-Sponsor) Subject: Recreation and Community Facility Improvement Measures

RECOMMENDATION
Refer to the city manager the assessment of potential revenue measures to finance capital improvements for certain recreational and community-serving city facilities that have completed the conceptual or design phase and return to the city council with recommendations for placing such measures on the November 2026 midterm election ballot.

POLICY COMMITTEE RECOMMENDATION
On September 3, 2025, the Facilities, Infrastructure, Transportation, Environment & Sustainability Committee adopted the following action: M/S/C (Lunaparra/Humbert) to send item to Council with a positive recommendation. Vote: All Ayes.

FISCAL IMPACTS OF RECOMMENDATION
Should the revenue measures under consideration be approved by Berkeley voters in November 2026, the city would establish new dedicated funding streams for the construction of high- priority, design-complete recreational and community-serving projects. These revenues would directly address the city’s most pressing unfunded capital needs, allowing shovel-ready projects to proceed without diverting limited General Fund resources or delaying other essential maintenance and operations.

The city currently faces over $1,000,000,000 in unfunded infrastructure needs along with significant deferred maintenance liabilities across all infrastructure categories. Establishing a voter-approved revenue source would not only close funding gaps for these shovel-ready projects but also free up existing maintenance and operating funds for other critical priorities and reduce long-term fiscal strain.

Proactively funding these projects will:
● Prevent cost escalation from inflation and further facility deterioration ● Reduce emergency repair costs and operational disruptions

11

● Increase equitable access to modern, safe, and sustainable public facilities ● Demonstrate fiscal stewardship by aligning new revenues with clear, voter-endorsed capital priorities
By securing a dedicated, reliable revenue stream, the city can shift from a reactive approach to infrastructure investment to a proactive, strategic model that delivers tangible community benefits while measurably reducing the backlog of unfunded capital projects.

CURRENT SITUATION AND ITS EFFECTS
The City of Berkeley is confronting a stark disconnect between critical capital infrastructure needs and the funding available to address them. The city has over $1,000,000,000 in unfunded infrastructure needs, which include streets, stormwater systems, municipal facilities and buildings, parks, and the waterfront.

To address some of these infrastructure needs, voters approved Measure FF in 2024, a $267,000,000 special tax to fund street, sidewalk, and pedestrian path repair, repaving, and reconstruction, safety improvements, and environmental infrastructure.

Previously, voters approved Measure T1 in 2016, a $100,000,000 bond measure to repair, renovate, replace, or reconstruct the city’s aging infrastructure and facilities. This very successful bond program has funded 72 improvement projects to city facilities and parks. These projects include the North Berkeley Senior Center, the South Berkeley Senior Center, the Corporation Yard, the Adult Mental Health Building, the Live Oak Community Center, the Willard Clubhouse, the MLK Jr. Youth Services Center, the African American Holistic Resource Center, University Avenue in the Waterfront, the Berkeley Rose Garden, San Pablo Park, Grove Park, and numerous street improvement projects. The city has diligently reported on T1-funded facility improvements, which can be seen in more detail on the city’s website:
https://berkeleyca.gov/your-government/our-work/bond-revenue-measures/measure-t1.

Outside of bond measures and grants, the funding for city buildings, parks, infrastructure in the waterfront, and the Transfer Station is limited to the following annual Capital Improvement Projects (CIP) allocations:
● Parks Tax Fund - $2,750,000
● General Fund - $1,500,000
○ $1,100,000 for Public Works
○ $400,000 for Parks, Recreation, and Waterfront

CONSENT CALENDAR
September 30, 2025

● Zero Waste Fund - $1,160,000
● Marina Fund - $350,000
These funding sources are typically used for smaller CIP or major maintenance projects associated with each fund. However, with the imminent completion of the Measure T1 bond program, there is no funding for a list of large critical city projects, including city buildings, parks, infrastructure in the waterfront, and the Transfer Station as shown below.

These projects should be prioritized for a 2026 revenue measure(s):

Key City Facilities in Need of Improvements
● Frances Albrier Community Center
○ Conceptual design completed.
○ Built in the 1970s, it suffers from failing Heating, Ventilation, and Air Conditioning (HVAC) and electrical systems, inadequate seismic resilience, outdated programming layouts, and serious accessibility deficiencies that limit its current and future use.
● Maudelle Shirek Building (Old City Hall)
○ Completed in 1909, the building has significant seismic issues that prevent it from being used except for short term uses. This historic structure urgently needs full seismic, systems, and accessibility upgrades and restoration of architectural features.
● Veterans Building
○ This historic structure urgently needs full seismic, systems, and accessibility upgrades and restoration of architectural features.
● King and West Campus Pools
○ Conceptual design completed.
○ These aging aquatic facilities suffer from chronic mechanical failures, leaks, crumbling decks, noncompliant locker rooms, and outdated filtration systems.

They do not meet modern accessibility or safety standards and constant temporary repairs fail to address core infrastructure failures.
● Transfer Station
○ Long functionally outdated, the facility struggles with inefficient waste flow, deteriorated structural elements, poor stormwater handling, and operational

CONSENT CALENDAR
September 30, 2025

constraints. Without action, risk of regulatory noncompliance and operational failure continues to grow.
● 1947 Center Street Improvements
○ While Measure T1 will fund the window replacement project, numerous other building elements related to safety issues such as HVAC and elevator replacements are still needed in this crucial city facility.

Parks and Recreation Capital Projects
● Dreamland Play Structure Replacement at Aquatic Park
○ Conceptual design completed.
● Sea Level Rise / Bike Park at University Avenue at the Berkeley Waterfront ○ Conceptual design completed.
● John Hinkel Park Scout Hut Reconstruction
○ Conceptual design completed.
● Glendale–La Loma Park 2-5 and 5-12 Play Area and ADA Pathway Upgrade ○ Design in progress.
● Cedar Rose Park 2-5 Play Structure Replacement
○ Design completed.
● San Pablo Park Drainage and Irrigation Improvement
● Shorebird Park Play Structure Replacement
Waterfront Capital Projects
● J-Dock Replacement
● South Cove Seawall Replacement
o Design in progress.

Adeline Corridor Improvements
● Open Space and Street Improvements from Ashby Avenue to the Berkeley Border with Oakland
○ Conceptual design in progress.

CONSENT CALENDAR
September 30, 2025

Sidewalk 50/50 Program Upgrades
● There is an existing 2-3 year list of 50/50 sidewalk replacements from home owners.

Americans with Disabilities Act (ADA) Upgrades
● The citywide ADA Assessment is complete and needs funding to complete a portion of the work identified.

Stormwater System Capital Improvements
● Potter Watershed Smaller Pressure Pipe and Storage in Aquatic Park Main Lagoon ○ Watershed Master Plan Recommended Tidal Resolution Option.

Many of the projects listed above have been conceptually designed using Measure T1, the General Fund, or the Parks Tax. Without a dedicated revenue source, these projects will remain stalled and physical and programmatic degradation will continue. This delays service delivery, increases long-term costs due to inflation and further deterioration, and erodes equity goals by depriving communities of safe and modern public infrastructure. The longer construction is deferred, the more expensive it becomes, increasing both the fiscal and social burden.

BACKGROUND
Over the past decade, the City of Berkeley has undertaken significant planning and design work for several high-priority recreational and community-serving facilities. These projects have advanced into the design phase through a combination of local ballot measures, state and regional grants, and General Fund allocations - yet remain unfunded for construction.

Key City Facilities in Need of Improvements
● Frances Albrier Community Center
○ The Frances Albrier Community Center in San Pablo Park is a key cultural and recreational anchor serving South Berkeley. Originally constructed in the early 1970s, the building suffers from aging mechanical systems, accessibility deficiencies, and layout limitations that no longer meet community program needs. Design funding was provided through a combination of Measure T1 Phase 1 and Phase 2 allocations and smaller contributions from the General Fund and Parks Tax (Measure F). The project has completed schematic design for two options: a renovation-only plan at approximately $29,000,000 and a more extensive renovation with a new aquatics facility at approximately $42,000,000.

CONSENT CALENDAR
September 30, 2025

Proposed capital improvements include full HVAC replacement, ADA upgrades, reconfigured community spaces, seismic strengthening, and integration with an adjacent pool facility.
● Maudelle Shirek Building (Old City Hall)
○ Constructed in 1909, this designated historic landmark requires full seismic retrofitting, complete building systems replacement, ADA accessibility upgrades, and restoration of historic interior and exterior features. Preliminary assessments indicate the likely presence of lead-based paint, asbestos-containing materials, and potential Polychlorinated Biphenyls (PCBs), necessitating comprehensive abatement in compliance with the Occupational Safety and Health Act (OSHA), the Environmental Protection Agency (EPA), and California Department of Public Health (CDPH) regulations. This will require specialized contractors and environmental controls, extended construction timelines, and increased direct costs. Each year of delay will add significant escalation costs and risk further deterioration, increasing the scale of required intervention. The total investment is expected to exceed $100,000,000 depending on the final scope, preservation requirements, and remediation needs.
● Veterans Building
○ Constructed in 1928, this designated historic landmark requires full seismic retrofitting, complete building systems replacement, ADA accessibility upgrades, and restoration of historic interior and exterior features. This will require specialized contractors and environmental controls, extended construction timelines, and increased direct costs. Each year of delay will add significant escalation costs and risk further deterioration, increasing the scale of required intervention. The total investment is expected to exceed $100,000,000, depending on the final scope, preservation requirements, and remediation needs. ● King Pool and West Campus Pools
○ Both King Pool and West Campus Pool are over 60 years old and have reached the end of their useful life. They face chronic mechanical failures, water loss, outdated locker room facilities, and noncompliance with current ADA and aquatic safety standards. King Pool’s replacement project ($16,000,000) has completed the design phase funded largely by Measure T1 Phase 1 and 2 and supplemented by Parks Tax revenues for preliminary studies. West Campus Pool was the subject of earlier feasibility and conceptual planning efforts, but construction funding in the amount of $16,500,000 has never been secured. Necessary capital improvements for both sites include full pool tank and deck replacement, new

CONSENT CALENDAR
September 30, 2025

filtration and heating systems, modern locker rooms, seismic upgrades, and improved spectator and team facilities.
● Transfer Station
○ Berkeley’s Solid Waste Transfer Station, located in West Berkeley, is decades old and in need of full modernization to meet operational, environmental, and regulatory standards. Preliminary studies have examined replacement or major rehabilitation scenarios, including integration of modern waste diversion facilities.

Needed capital improvements include new tipping floor infrastructure, improved traffic circulation, stormwater management upgrades, and modern materials recovery equipment. Similar facilities in the region suggest costs could be between $115,000,000 and $120,000,000.
● City Offices at 1947 Center Street
○ The building is in need of numerous upgrades to structural and seismic elements, HVAC, electrical, and plumbing systems, carpet and flooring, elevators, lighting, and hazardous materials mitigations.

Parks and Recreation Capital Projects
● Dreamland Play Structure Replacement at Aquatic Park ($7,500,000) ○ This would replace the play structure, restroom, open space area, and amenities. ● Sea Level Rise / Bike Park at University Avenue at the Berkeley Waterfront ($6,250,000)
○ This would create a dedicated, professionally designed dirt, jump and skills course facility serving youth and adults; capital needs include grading, surfacing, drainage, and new amenities, as well as nature-based solutions for Sea Level Rise. ● John Hinkel Park Scout Hut Project ($3,150,000)
○ This would renovate the historic structure, incorporating seismic strengthening, roof replacement, and masonry restoration.
● Glendale-La Loma Park 2-5 and 5-12 Play Area and ADA Pathway Upgrade ($2,960,000)
○ This would modernize both age-group playgrounds, replace surfacing, and improve ADA connections throughout the site.
● Cedar Rose Park 2–5 Play Structure Replacement ($2,400,000)

CONSENT CALENDAR
September 30, 2025

○ This would replace aging, noncompliant play equipment and surfacing with new accessible structures and shade elements.
● San Pablo Park Drainage and Irrigation Improvement ($1,560,000) ○ This would replace outdated irrigation systems, improve turf health, and address stormwater ponding issues that limit year-round field use. ● Shorebird Park Play Structure Replacement ($830,000)
○ This was last replaced over thirty years ago and needs a full replacement.

Waterfront Capital Projects
● J-Dock Replacement ($12,000,000)
o The J-Dock system at the Berkeley Marina was installed in 1975 and is long past its useful life, requiring numerous temporary repairs. This project will replace the entire J Dock system with a new concrete dock system with a projected lifespan of 60 years.
● South Cove Seawall Replacement ($5,780,000)
o The retaining seawall is a badly deteriorated sheet pile wall that retains the shoreline at the boat hoist area at the South Cove sailing docks (340 linear feet).

Adeline Corridor Specific Plan Improvements
● Finalized in 2020, the Adeline Corridor Specific Plan calls for improvements to open space and streets from Berkeley’s downtown to the Oakland border. The city has recently secured conceptual design funding for the area from Ashby Avenue to the Oakland border, and construction is estimated to be up to $50,000,000. The city is seeking additional grant funding to finalize the design for this portion of the plan.

Sidewalk 50/50 Program Upgrades
● There is an existing 2-3 year list of 50/50 sidewalk replacements requested from home owners. A $2,000,000 allocation from T1 Phase 1 eliminated the waiting list, but this list has grown over the last five years and needs an infusion of funding to complete the work in a timely manner, estimated at $5,000,000.

ADA Upgrades

CONSENT CALENDAR
September 30, 2025

● The city has completed a Self-Evaluation and Transition Plan to comply with section 504 of the American with Disabilities Act. The plan has identified hundreds of millions in need of work to city infrastructure. This measure would request up to $5,000,000 to begin to address these needs.

Stormwater System Capital Improvements
● Potter Watershed Smaller Pressure Pipe and Storage in Aquatic Park Main Lagoon ○ The smaller pressure pipe would increase stormwater flow capacity to the Bay by 44%, allowing most runoff from a 10-year storm to bypass Aquatic Park and be discharged directly, while using the lagoon for temporary storage only during the largest events. This would reduce flooding, improve water quality by preventing trash and pollutants from entering the lagoon or Bay, and lessen the frequency of storm overflows into Aquatic Park. Est: $50,000,000.

While Measures T1 and Parks Measures F and Y have been instrumental in advancing the design work, they were never intended to cover full construction costs for major facilities. Many of our funds support ongoing maintenance and small-scale capital renewal but cannot absorb multi- million-dollar replacements or modernizations. As a result, these design-complete projects remain unfunded for construction.

Without a dedicated revenue source, these facilities will continue to deteriorate, risking higher eventual replacement costs, service interruptions, and loss of critical community programming space.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
N/A

RATIONALE FOR RECOMMENDATION
The City of Berkeley’s recreational, cultural, and community-serving facilities are vital public assets that sustain health, wellness, social cohesion, and equitable access to services. Many of these facilities — including King Pool, the Frances Albrier Community Center, the Maudelle Shirek Building, and others — have completed design work yet remain unfunded for construction. Advancing these projects is essential to prevent further deterioration, escalating repair costs, and lost service capacity.

The city faces a substantial and growing infrastructure funding gap. The Fiscal Year 2025–2029 Capital Improvement Program identifies more than $241,600,000 in unfunded Parks, Recreation, and Waterfront Department projects alone, not including other citywide deferred maintenance liabilities. The Parks Tax (Measure F) is a critical maintenance funding tool, but it cannot absorb

CONSENT CALENDAR
September 30, 2025

the multi-million-dollar capital costs associated with full facility replacements or modernizations. At the same time, the city’s structural General Fund deficit limits the availability of discretionary dollars for major capital construction. Without a dedicated revenue measure, these shovel-ready projects will remain stalled and service levels will continue to decline.

Placing a revenue measure before the voters in the November 2026 midterm election would align with the city’s project timelines, public engagement needs, and ballot-cycle advantages, allowing for transparent community discussion and a realistic funding path.

This recommendation advances several City of Berkeley Strategic Plan goals:
● Provide state-of-the-art, well-maintained infrastructure, amenities, and facilities ○ By securing funding for design-complete projects, the city can deliver modern, accessible, and sustainable facilities that meet current and future community needs.
● Champion and demonstrate social and racial equity
○ Many of these projects, including the Frances Albrier Community Center and San Pablo Park improvements, directly serve historically underrepresented and underserved neighborhoods, ensuring equitable access to high-quality public spaces and programming.
● Be a global leader in addressing climate change, advancing environmental justice, and protecting the environment
○ Modernized facilities will be designed to meet or exceed current environmental standards, incorporating energy-efficient systems, water conservation, green infrastructure, and resilient materials while improving public access to parks and waterfront areas that connect residents to the natural environment.

By moving forward with a dedicated funding assessment for these priority projects, the city will not only preserve critical public assets but also demonstrate a proactive, equity-focused, and environmentally responsible approach to infrastructure investment.

ALTERNATIVE ACTIONS CONSIDERED
Several alternatives to pursuing a dedicated revenue measure have been identified and evaluated:
● Rely on Existing Funding Sources
○ The city could continue to fund capital projects through existing revenue streams such as the Parks Tax (Measure F), the General Fund, and one-time grant opportunities. However, these sources are already committed to ongoing maintenance, operations, and smaller-scale improvements. They cannot absorb

CONSENT CALENDAR
September 30, 2025

the multi-million-dollar construction costs of the identified design-complete projects without displacing other critical priorities. This approach would likely delay these projects indefinitely, leading to further deterioration, higher eventual replacement costs, and continued service gaps.
● Reallocate General Fund Resources
○ Redirecting significant General Fund dollars to these capital projects would require substantial cuts to core services, including public safety, homelessness programs, and maintenance of existing infrastructure. Given the city’s structural General Fund deficit, this alternative is fiscally unsustainable and would not provide a stable or dedicated source of capital funding. ● Pursue External Grants and Partnerships Only
○ While the city actively seeks state, federal, and philanthropic grants for capital improvements, these sources are highly competitive, time-limited, and rarely cover full project costs. They are best used as supplemental funding rather than as the sole source for major facility construction. Relying solely on grants would introduce significant uncertainty and delay with no guarantee that projects could move forward.
● Defer or Reduce Project Scope
○ Postponing or scaling back projects could reduce short-term costs but would also diminish long-term community benefits, fail to address underlying infrastructure deficiencies, and increase life-cycle costs due to deferred maintenance. In some cases, reduced scopes would compromise program functionality, accessibility, and environmental performance.

While each alternative offers some degree of fiscal relief or reduced complexity, none provide the long-term, dedicated funding necessary to advance multiple high-priority, design-complete projects in a coordinated, timely manner. A voter-approved revenue measure remains the most viable and equitable approach to delivering these critical community assets while protecting the city’s broader fiscal health.

CONTACT PERSON
Councilmember Taplin, District 2, 510-981-7120, [email protected] Attachments:
1: Civic Center Vision and Implementation Plan Staff Report (2020) 2: Maudelle Shirek Building Historic Structure Report (2020) 3: Fiscal Years 2025-2029 Capital Improvement Plan

CONSENT CALENDAR
September 30, 2025

4: Parks, Recreation, and Waterfront Department Capital Improvement Project and Minor Maintenance Program Update (2025)
5: Status of the Southern Peninsula and the building at 199 Seawall Drive in the Berkeley Waterfront (2024)

Igor Tregub, Councilmember District 4
To: Honorable Mayor and Members of the City Council
From: Councilmembers Igor Tregub (Author), Cecilia Lunaparra (Co-Sponsor), Terry Taplin (Co-Sponsor), and Brent Blackaby (Co-Sponsor) Subject: Resolution supporting California Proposition 50, the Election Rigging Response Act; which would authorize California to adopt temporary congressional maps in response to these partisan actions while reaffirming the state’s commitment to independent, non-partisan redistricting by preserving the Citizens Redistricting Commission for the decennial process after the 2030 census

RECOMMENDATION
Adopt a Resolution supporting Proposition 50, the Election Rigging Response Act, which would authorize California to adopt temporary congressional maps in response to

partisan mid-decade redistricting efforts in other states while preserving the independent Citizens Redistricting Commission for the 2030 census process.

BACKGROUND
The City of Berkeley has a long tradition of supporting democratic reforms and voter protections, including early adoption of ranked choice voting and local civil rights safeguards. In August 2025, President Donald Trump and Republican leaders in Texas enacted an unprecedented mid-decade congressional redistricting plan to secure additional partisan advantage. Similar mid-decade redraws are now being considered in Florida, Missouri, and other states.

These actions undermine the principle of representative democracy, threaten fair elections, and risk distorting the balance of power in Congress for years to come. The outcome of the 2026 U.S. House midterm elections will directly impact control of

CONSENT CALENDAR
September 30, 2025

Congress and critical national policies affecting California and Berkeley residents, including immig
ration, disaster relief, access to healthcare, and civil rights protections.

In response, the California Legislature and Governor Gavin Newsom have placed Proposition 50, the Election Rigging Response Act, on the November 4, 2025, ballot.

Proposition 50 consists of a legislative package: Assembly Constitutional Amendment 8 (Rivas, McGuire), Senate Bill 280 (Cervantes, Pellerin), and Assembly Bill 604 (Aguiar- Curry, Gonzalez). Together, these measures establish a special election framework,

authorize temporary congressional boundaries, and reaffirm California’s long-term commitment to nonpartisan redistricting.

CURRENT SITUATION AND ITS EFFECTS
If passed, Proposition 50 would:
 Provide California with a lawful and transparent mechanism to respond to partisan mid-decade gerrymanders in other states;
 Protect California’s representation in Congress and ensure Berkeley residents’ voices are not diluted by unfair districting practices nationwide;  Reaffirm the state’s independent Citizens Redistricting Commission as the sole body responsible for post-2030 census district maps; and  Reaffirm both statewide and local commitment to free, fair, and representative elections
This resolution aligns with Berkeley’s longstanding values of electoral fairness, transparency,
and civic engagement. Supporting Proposition 50 reflects the City Council’s commitment to protecting democracy both locally and nationally.

FISCAL IMPACTS OF RECOMMENDATION
Limited staff time is required to communicate the City’s position to State representatives.

ENVIRONMENTAL SUSTAINABILITY
There are no identifiable environmental effects or opportunities associated with the subject
of this report.

CONTACT PERSON
Councilmember Igor Tregub, Council District 4
510-981-7140
[email protected]
Shamaila Ahmed, Legislative Aide, Council District 4
[email protected]

CONSENT CALENDAR
September 30, 2025

ATTACHMENTS
Resolution

CONSENT CALENDAR
September 30, 2025

RIGGING RESPONSE ACT; WHICH WOULD AUTHORIZE CALIFORNIA TO ADOPT

TEMPORARY CONGRESSIONAL MAPS IN RESPONSE TO THESE PARTISAN ACTIONS WHILE REAFFIRMING THE STATE’S COMMITMENT TO INDEPENDENT,

NON-PARTISAN REDISTRICTING BY PRESERVING THE CITIZENS
REDISTRICTING COMMISSION FOR THE DECENNIAL PROCESS AFTER THE 2030 CENSUS.

WHEREAS, Berkeley has a long history of advancing reforms that strengthen democracy, including ranked choice voting and protections for civil rights; and WHEREAS, These democratic ideals are now under direct threat from partisan efforts across the country to manipulate congressional districts for political gain; and

WHEREAS,
President Donald Trump and Republican leaders in Texas have enacted an unprecedented mid-decade redistricting plan, signed into law in August 2025, to gain additional congressional seats; and

WHEREAS,
Leaders in other states, including Florida and Missouri, are considering similar mid-decade redraws, threatening to undermine representative democracy and distort the balance of power in Congress; and
WHEREAS, The outcome of the 2026 U.S. House midterm elections will determine control of congress and shape critical policies affecting California and the nation, including immigration, disaster relief, access to healthcare, and civil rights protections; and

WHEREAS
, In response, the California Legislature and Governor Gavin Newsom have called for a special election and placed Proposition 50, the Election Rigging Response Act, on the November 4, 2025, ballot; and
WHEREAS, This legislative package consists of Assembly Constitutional Amendment 8 (Rivas, McGuire), Senate Bill 280 (Cervantes, Pellerin) establishing the special election framework, and Assembly Bill 604 (Aguiar-Curry, Gonzalez) detailing the temporary district boundaries; and
WHEREAS, Proposition 50 would authorize California to adopt temporary congressional maps in response to these partisan actions while reaffirming the state’s commitment to independent, non-partisan redistricting by preserving the Citizens Redistricting Commission for the decennial process after the 2030 census; and

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

RESOLUTION SUPPORTING CALIFORNIA PROPOSITION 50, THE ELECTION

Congressional Delegation; now, therefore, be it
RESOLVED, That the City Council of Berkeley supports Proposition 50, the Election Rigging Response Act; and
FURTHER RESOLVED, that the City Council of Berkeley condemns efforts to manipulate congressional district boundaries for partisan gain and reaffirms Berkeley’s longstanding commitment to electoral fairness, transparency, and representative democracy.

WHEREAS, Proposition 50 has earned the support of Governor Gavin Newsom, House Democratic Leader Hakeem Jeffries, Speaker Emerita Nancy Pelosi, and the California

CONSENT CALENDAR
September 30, 2025
To: Honorable Mayor and Members of the City Council
From: Councilmember Shoshana O’Keefe (Author), Mayor Adena Ishii (Co-Sponsor) Subject: Berkeley Art Center’s Fall 2025 Community Dinner: Relinquishment of Budget Office Funds

RECOMMENDATION
Adopt a resolution approving the expenditure of an amount not to exceed $500 per Councilmember – including $500 from Councilmember O’Keefe and $250 from Mayor Ishii – to the Berkeley Art Center (BAC), a 501(c)(3) non-profit organization, for their Fall 2025 Community Dinner, a fundraiser to support BAC’s artistic and cultural programming, and to welcome BAC’s new Executive Director, Gisela Insuaste, with funds relinquished to the City’s general fund for this purpose from the discretionary Council office budgets of Councilmember O’Keefe and Mayor Ishii, and from any other Councilmembers who would like to contribute.

The event will take place on Thursday, October 16, 2025 at 6:00pm at the Berkeley Art Center.

BACKGROUND
Since 1967, the Berkeley Art Center has been a cornerstone of the Bay Area's vibrant arts community. Designed by Bay Area modernist architect Robert Ratcliff and built by the Rotary Club as a gift to the City, BAC was run by the Parks and Recreation Department for many years until it became a private nonprofit in the late 1970s. Under the leadership of visionary directors and curators, BAC established itself over the years as a destination for experimental contemporary art by Bay Area artists, featuring a diverse range of voices, materials, artistic styles, and social commentary. BAC has exhibited work by important local figures such as Robert Bechtle, Enrique Chagoya, Bill Fontana, Taraneh Hemami, Mildred Howard, Hung Liu, Jim Melchert, Chiura Obata, Sonya Rapoport, Katherine Sherwood, Peter Voulkos, and Carrie Mae Weems, among many others.

Nestled in Live Oak Park, BAC offers an intimate platform for the public to engage with work by emerging and established contemporary artists, and champions artists and curators who are Black, Indigenous, POC, queer and trans, formerly incarcerated, and living with disabilities.

Many Bay Area artists credit early BAC exhibitions as pivotal in their career development. BAC supports sustainability in the arts by compensating artists at competitive rates. Its programs include exhibitions, workshops, artist-conceived events, artist talks, curatorial walkthroughs, community dinners, and partnerships with community organizations.

CONSENT CALENDAR
September 30, 2025
With an annual budget of approximately $300,000, BAC relies on a combination of City funding, private donations, grants, memberships, and special events to fund its operations and programs. Like many non-profit arts organizations in the Bay Area impacted by increasing expenses and reduced funding, BAC experienced challenges that led to changes in leadership, staff, and revenues. With the City’s support, the Board of Directors addressed these issues by securing funding for current financial stability, streamlining administrative procedures and expenses, maintaining scheduled exhibitions, and hiring a gallery manager and new executive director.

Gisele Insuaste, an Oakland-based Latine artist with 20 years of experience in arts programming, most recently served as the education and public programs director at Kala Art Institute in Berkeley. Insuaste has taken the helm of this organization deeply rooted in Berkeley’s cultural fabric, and has already begun to cultivate donor relationships, establish dynamic partnerships, and strengthen BAC’s position as a hub for creativity, equity, and community engagement.

BAC’s Fall 2025 Community Dinner features an inclusive gathering on the Live Oak Park bridge, under a canopy of redwoods, where two rich culinary traditions meet at one table. This multi- course, family-style dinner will offer a blend of Filipino cooking and Ethiopian cuisine. Shared platters, passed from hand to hand, offer a celebration of connection, where flavors, cultures, and community intertwine in collective support and recognition of the critical role of art and artists in Berkeley and beyond. Funds raised from this event will directly go towards paying local artists, curators, and arts educators equitably for their labor and participation in BAC exhibitions and public programs in 2025-2026, including the Day of the Dead/Día de Muertos community workshop in late October.

The event will take place on Thursday, October 16, 2025 at 6:00pm at the Berkeley Art Center.

For more information visit: https://www.berkeleyartcenter.org/events

ENVIRONMENTAL SUSTAINABILITY
No environmental impacts.

FISCAL IMPACTS
Up to $4,500 from Councilmembers’ discretionary budgets.

CONTACT
Councilmember Shoshana O’Keefe, 510-981-7150

RESOLUTION #####-N.S.

AUTHORIZING THE EXPENDITURE OF SURPLUS FUNDS FROM THE OFFICE EXPENSE

ACCOUNTS OF THE MAYOR AND COUNCILMEMBERS FOR A GRANT TO PROVIDE

SUPPORT FOR A MUNICIPAL PUBLIC PURPOSE
WHEREAS, the Berkeley Art Center (BAC) is a nonprofit organization and a hub for artistic exploration and community building that champions Bay Area artists and curators; and WHEREAS, since 1967, the BAC has established itself as a destination for experimental contemporary art by Bay Area artists, featuring a diverse range of voices, materials, artistic styles, and social commentary; and
WHEREAS, many artists credit early BAC exhibitions as pivotal in their career development, and BAC supports sustainability in the arts by working to address pay disparities among artists and curators of underrepresented communities, particularly in the Bay Area; and WHEREAS, the Berkeley Arts Center serves Berkeley and the larger Bay Area through its programming which includes exhibitions, workshops, artist-conceived events, artist talks, curatorial walkthroughs, community dinners, and partnerships with community organizations.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that funds relinquished by the Mayor and Councilmembers from their Council office budget, up to $500 per office – including $500 from Councilmember O’Keefe and $250 from Mayor Ishii – shall be granted to the Berkeley Arts Center to support their Fall 2025 Community Dinner.

CONSENT CALENDAR
September 30, 2025
To: Honorable Members of the City Council
From: Councilmember Lunaparra (Author)
Subject: Sacred Rest Drop-in Center Landline: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds

RECOMMENDATION
Adopt a Resolution approving the expenditure of an amount not to exceed $500 per Councilmember, including $500 from Councilmember Lunaparra’s discretionary fund and funds from any other Councilmembers who would like to contribute, to Village of Love for a landline at the Sacred Rest Drop-In Center with funds relinquished to the City’s general fund for this purpose.

BACKGROUND
The Sacred Rest Drop-In Center, operated by the Village of Love Foundation, a registered 501c(3) nonprofit organization, on the property of the First Presbyterian Church of Berkeley in District 7, is a daytime center that provides unsheltered members of the community a safe place to relax, watch television, drink coffee/tea, enjoy hot meals together, use restroom facilities, store belongings, connect to WiFi, charge and use technology, send mail, and receive social services to become housing-ready.

The Village of Love has a short but rich history of providing for the community. In 2022, the Berkeley community opened its doors to the drop-in center, which was funded jointly by the City of Berkeley and UC Berkeley. Members of the community have expressed that the drop-in center has become a place where unhoused people can find a community of people who truly care.

Since 2019, the number of unhoused people in the Bay Area has reached over 8% and Alameda County’s unhoused population rose by 21.5%. Sacred Rest provides local and individualized services, enabling more people to begin their path to permanent housing.

The name “Sacred Rest” was given to the space after many discussions community partners had about a similar San Francisco model, Sacred Sleep, that provides a comfortable and relaxing place for unhoused folks to rest and break bread together.

One of the biggest challenges people face living on the streets is feeling isolated and alone. Sacred Rest combats this by providing a place for people to be welcomed inside, sit in the shade, break bread together, and enjoy laying down on the lawn without fear of being harassed, attacked, or bothered.

14

CONSENT CALENDAR
September 30, 2025

CURRENT SITUATION AND ITS EFFECTS
The Village of Love aims to enrich the community by developing creative solutions to build bridges across the disparities between residents, businesses, mental health and unsheltered communities. Their Sacred Rest Drop-in Center is currently working on the implementation of a landline service that would allow their community members to communicate with family members and friends who reside in various cities and states outside of the greater Bay Area. Allowing unhoused people to maintain contact with their loved ones is crucial in the overall care and support that the Center hopes to provide. People currently use the staff’s phones in order to contact others; however, in the long run, this is not a viable or sustainable option. The Drop-In Center is hoping to include landline services, which would allow the unhoused community to communicate via phone without the need to borrow someone else’s. They are seeking financial support to offset the expenses associated with the creation of this landline service.

ENVIRONMENTAL SUSTAINABILITY
There are no identifiable environmental effects or opportunities associated with adopting this recommendation.

FISCAL IMPACTS
No General Fund impact. $500 is available from the Councilmember’s office budget discretionary account.

Attachments:

1. Resolution

CONTACT PERSON
Councilmember Cecilia Lunaparra (510) 981-7170
Jonah Gottlieb, Chief of Staff

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

SUPPORT FOR THE SACRED REST DROP-IN CENTER
WHEREAS, the Sacred Rest Drop-In Center, operated by the Village of Love Foundation, a registered 501c(3) nonprofit organization, on the property of the First Presbyterian Church of Berkeley in Southside, is a daytime center which provides unsheltered members of the community a safe place; and
WHEREAS, the Sacred Rest Drop-in Center aims to provide free landline services to its’ community members; and
WHEREAS, Councilmember Lunaparra has surplus funds in her office expenditure account; and
WHEREAS, the Sacred Rest Drop-in Center seeks funds in the amount of $500 from Councilmember Lunaparra’s office and up to $500 from each Councilmember to help cover the cost of landline services that would allow members contact with loved ones; and
WHEREAS, the provision of such services would help ensure years of free services, care, and support for the unhoused community.

NOW THEREFORE, BE IT RESOLVED by the Berkeley City Council that up to $500 relinquished by Councilmembers – including $500 from Councilmember Lunaparra – shall be granted to the Village of Love Foundation to help cover landline service costs.

2180 Milvia Street, Berkeley, CA 94704 ● (510) 981-7170 ● [email protected]

CONSENT CALENDAR
September 30, 2025
To: Honorable Members of the City Council
From: Councilmember Lunaparra (Author), Councilmember
Blackaby (Co-Sponsor), Councilmember Humbert
(Co-Sponsor), Councilmember Tregub (Co-Sponsor)
Subject: Refer to the City Manager in Collaboration with the City Attorney’s Office to Develop Proposed Increases to the
Shared Micromobility Program Fees

RECOMMENDATION
Refer to the City Manager in collaboration with the City Attorney’s Office to develop proposed increases to the shared micromobility program fees and return to Council within 120 days. The proposed amendments should evaluate adjustments to the following fee categories:
● Application fee
● Operating fee
● Fee per vehicle
● Fee per ride

POLICY COMMITTEE RECOMMENDATION
On September 3, 2025, the Facilities, Infrastructure, Transportation, Environment & Sustainability Committee adopted the following action: M/S/C (Taplin/Lunaparra) to send item to Council with a positive recommendation. Vote: Ayes – Taplin, Lunaparra; Noes – None; Abstain – None; Absent – Humbert

CURRENT SITUATION AND ITS EFFECTS
Berkeley started its shared micromobility program in April 2022, with the goal of addressing gas-vehicle’s exacerbation of climate change, offering convenient transportation options throughout the city, and creating safer streets for all. While the program has been extremely effective, there has been a persistent issue related to improperly parked scooters, largely due to insufficient scooter and bike parking infrastructure. The City Council frequently receives complaints regarding this problem.

To sustain this essential program that aligns with Berkeley values and policy commitments, it is important to adjust the shared micromobility program fees to meet the needs of all residents who use our sidewalks and streets. These fees have remained static since the program's launch, while cost of living, construction costs, and the City’s budget deficit have increased. In 2024, Portland State University’s Transportation Research and Education Center published a study explaining that, “now might be a logical time to re-evaluate fee structures, particularly those cities that have

15

2180 Milvia Street, Berkeley, CA 94704 ● (510) 981-7170 ● [email protected] made minimal changes to the program terms since the beginning of the shared micromobility industry.”1 With the quickly shifting landscape of the industry and an uncertain budget, Berkeley should amend fees to become more consistent with similarly effective programs.

With additional revenue, the City could meet evolving needs and support the development and installation of necessary scooter and bike parking, racks, and infrastructure to ensure the program's continued success.

The request that staff return to Council with an amended contract within 120 days is to ensure the process is finalized before the Spring Request For Proposal timeline.

BACKGROUND
Since the start of Berkeley’s shared micromobility program in 2022, the most common complaint amongst community members has been improper parking of shared vehicles.

Many complaints cite scooters blocking the public right-of-way, making it difficult to safely use streets and sidewalks. As the program provides significant benefits to residents citywide–demonstrated by one of the highest ridership rates in the Bay Area– and plays a vital role in advancing our climate and transit goals, it’s critical to creatively address these issues while remaining committed to the long-term viability of the program.

District 7 has one of the lowest rates of car ownership in Berkeley and the shared micromobility program has fundamentally and critically changed the way residents get around. This is evident in the fact that District 7 accounts for 37% of all shared micromobility rides across the entire City. With a high rate of ridership and UC Berkeley’s restriction of shared micromobility devices on campus, the district experiences a large share of improper parking incidents, creating hazardous conditions for people with disabilities, seniors, pedestrians, and cyclists. A study by the University of Oregon’s Urbanism Next Center found that 13% of improper parking is due to insufficient parking, 9% is because people parked how others did, and 7% of incidents were because people were in a hurry.2 To address these three pertinent issues and reduce right-of-way obstructions, the City, along with our shared micromobility vendors, must invest in more dedicated scooter and bike parking facilities.

RATIONALE FOR RECOMMENDATION
Berkeley's shared micromobility program charges vendors less than those in other jurisdictions with comparable ridership levels. When Berkeley’s program started, public- private shared micromobility initiatives were still relatively new and still in the process of refining oversight mechanisms, best practices, and sustainable fee structures.

Berkeley’s fees do not reflect the evolving challenges of the program or the high demand it sustains. The current fee structure fails to generate sufficient revenue to offset the cost of administering and sustaining the program while also supporting the development and construction of scooter and bike parking. This is a necessary part of effectively maintaining Berkeley’s high level of ridership while keeping sidewalks and streets safe and accessible.
1John MacArthur, Kevin Fang, and Calvin Thigpen, Taxing Shared Micromobility: Assessing the Global Landscape of Fees and Taxes and Their Implications for Cities, Riders, and Operators, research report (Portland, OR: Transportation Research and Education Center, Portland State University, June 2024), https://ppms.trec.pdx.edu/media/project_files/PSU_SSU_micromobility_fees_and_taxes_report.pdf. 2Calvin Thigpen, Nicholas Klein, and  Anne Brown, Dedicated Parking for Micromobility: A Practical Guide for Implementation (Portland, OR:

Urbanism Next Center, 2025), accessed July 17, 2025, https://www.urbanismnext.org/resources/dedicated-parking-for-micromobility

2180 Milvia Street, Berkeley, CA 94704 ● (510) 981-7170 ● [email protected] The following data provides a direct comparative analysis of shared micromobility fee structures across a sample of California cities, including regional neighbors and other cities with a large university presence.

Application
fee
Annual
operating
fee
Number of
operators
Per
vehicle
Permitted
vehicles Other fees
Total
revenue/
yr
Berkeley3
(2025)
$1,500 $15,000 2 $64 825 - $85,800
Oakland4
(2025)
$2,500 $30,000 2 $64 2,000 - $193,000
San
Francisco5
(2025)
$6,173 $44,041 2
see
other
fees
total: 5,500,
added:
2,872
One time $100/
device, for bike
racks
$381,455
San Jose6
(2025) $4,000 - 1 $139 1,000 $10,000 deposit $143,000
Emeryville7
(2025)
$1,000 $2,500 1 - - - $3,500
Santa
Monica8
(2025)
- $20,000 4 $104 2,200 $.2/trip for PROW $451,225
Sacramento9
(2025)
$4,400.00 - 2 $104 1,500 $.1 per trip, for
infrastructure $221,375
West
Sacramento10
(2025)
1st yr:
$2,500
Renew:
$1,500
- 2 - 500 $.1 per trip, for
monitoring $9,387
3 https://berkeleyca.gov/sites/default/files/documents/SEMPP%20Application_2024.pdf Iris Kwok, “Berkeley Approves Fleet of Lime Rental E‑Scooters,” Berkeleyside, July 5, 2024, accessed July 10, 2025, https://www.berkeleyside.org/2024/07/05/berkeley-fleet-of-lime-rental-e-scooters. 4 City of Oakland. 2025. 2025–2026 Scooter‑Sharing Terms and Conditions (Redlined). Dockless Vehicle Share Program. Last updated April 16, 2025.

Oakland, CA: Oakland Department of Transportation. https://www.oaklandca.gov/files/assets/city/v/1/transportation/documents/car-share-bike-share- amp-scooter-share/bike-share/redlined-2025-2026-scooter-sharing-terms-and-conditions.pdf 5 City of San Francisco, San Francisco Municipal Transportation Agency, FY25‑FY26 Powered Scooter Share Permit Program (memorandum from Jeffrey Tumlin, Director of Transportation, and Kate Toran, Taxis, Access & Mobility Services Director, May 30, 2024), San Francisco, CA: San Francisco Municipal Transportation Agency, https://www.sfmta.com/media/39651/download?inline. 6 City of San José, Resolution No. RES2024‑230: Amending Resolution No. 72737 to Amend and Establish Various Fees and Charges, Effective July 1, 2024, adopted June 11, 2024, City Council agenda item 3.5(b), accessed July 10, 2025, https://records.sanjoseca.gov/Resolutions/RES2024- 230.pdf.
7 City of Emeryville, Master Fee Schedule (approved April 15, 2025; effective July 1, 2025; Emeryville, CA: City of Emeryville), https://www.emeryville.org/files/assets/city/v/1/public-works/documents/environmental-programs/waste/coe-master-fee-schedule.pdf. 8 City of Santa Monica, Second Shared Mobility Device Program Administrative Regulations, December 2024 (Santa Monica, CA: Santa Monica Mobility Division, City of Santa Monica),
https://www.santamonica.gov/media/Mobility/Shared_Mobility/Second%20Shared%20Mobility%20Device%20Program%20Admin%20Regs_Dec2024. pdf.
9City of Sacramento, Resolution No. 2021‑0260, Approving Shared‑Rideable Permit Fees, adopted by the City Council on August 17, 2021, accessed July 10, 2025, https://www.cityofsacramento.gov/content/dam/portal/pw/Transportation/Transportation-Planning/Shared-Rideables/R2021-0260- Approving-Shared-Rideable-Permit-Fees.pdf.
10 https://www.cityofwestsacramento.org/home/showpublisheddocument/19751/638711634834530000

2180 Milvia Street, Berkeley, CA 94704 ● (510) 981-7170 ● [email protected] Davis11
(2025)
- $10,000 1 - 600+
⇢ $46,400 UCD
⇢ $.2 per ride
$16,400
Long Beach12
(2025) - $25,000 2 $75 3,000
⇢ $75 inspection
⇢ $.25 per trip
$430,425
Culver City13
(2025)
- $20,000 1 $100 200+ $.2 per ride $66,000
*Data from July 1, 2024 - June 30, 2025
**2024/2025 Long Beach ride data was not publicly available, data is based on 2023 statistics ***These numbers do not include fines or penalties
This data shows some fee areas where Berkeley charges a similar amount to other jurisdictions and others where Berkeley is undercharging. Certainly, this data only presents half of the larger market picture. There are other critical factors when calculating if Berkeley is charging market rate for permits. Many of the referenced municipalities that charge higher fees are larger or deploy more scooters than Berkeley, so to better understand how Berkeley’s ridership data proportionally compares to other jurisdictions with higher fees, we used two key indicators: per capita use, which shows the proportional rate of shared mobility users relative to population size and utilization rate, measuring how often each device is used in a day. Utilization rate is commonly used to evaluate the effectiveness of the program. Together, these metrics highlight the demand of the devices and their function within the transportation system.

City14 Population
Avg # of
deployed
vehicles
Total rides per
yr Avg rides/day
Rides per
capita
Rides per
device per day
Berkeley 124,000 710 313,000 879 2.52 1.24
San
Francisco 815,000 3,900 1,840,000 5,169 2.26 1.33
Davis 66,850 269 65,800 180.00 0.98 0.67
Sacramento 528,000 1,525 545,000 1,531 1.03 1.00
West
Sacramento 54,000 465 67,800 190 1.26 0.41
Santa
Monica 93,000 1,660 711,000 1,997 7.65 1.20
*Data from July 1, 2024 - June 30, 2025
**Data includes dock and dockless shared micromobility
11City of Davis, Shared Micromobility Agreement (City Council staff report, July 18, 2023), accessed July 17, 2025, https://documents.cityofdavis.org/Media/Default/Documents/PDF/CityCouncil/CouncilMeetings/Agendas/2023/2023-07-18/04-Shared-Micromobility- Agreement.pdf.
12 City of Long Beach, Micro‑Mobility Program (E‑Scooters/E‑Bikes) (Long Beach, CA: City of Long Beach, updated May 24, 2025), accessed July 9, 2025, https://www.longbeach.gov/goactivelb/programs/micro-mobility-program/, City of Long Beach, Beach Bike Path E‑Scooter Pilot and Data Analysis, memorandum from Eric Lopez, Director of Public Works, to Mayor and City Council, June 4, 2024, City of Long Beach, accessed July 9, 2025, https://www.longbeach.gov/globalassets/city-manager/media-library/documents/memos-to-the-mayor-tabbed-file-list-folders/2024/june-4--2024--- beach-bike-path-e-scooter-pilot-and-data-analysis
13City of Culver City, Standard Operating Agreement for Culver City Dockless Shared Micromobility (Culver City, CA: City of Culver City, revised September 2021), accessed July 17, 2025, https://www.culvercity.gov/files/assets/public/v/1/documents/transportation/standard-operating-agreement- for-culver-city-dockless-shared-micromobility.pdf.
14 Santa Cruz, Santa Barabara, and San Luis Obispo were contemplated as cities to analyze, but do not have comparable dockless scooter programs