Tuesday, September 30, 2025 ANNOTATED AGENDA Page 1
ANNOTATED 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. Pri or 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 no t 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 i nvolving a license, permit, or other entitlement for use are required to disclose if they made contributions over $5 00 within the prior 12 months to any City employee or officer. Parties and participants with a financial interest are prohibited from making more than $500 in contributions to a decisionmaker for the 12 months after the final decision is rendered on the proceeding.
The above contribution disclosures and restrictions do not apply when the proceeding is competitively bid, or involves a personnel or labor contract. For more information, see Government Code Section 84308.
Tuesday, September 30, 2025 ANNOTATED AGENDA Page 2
Preliminary Matters
Roll Call: 6:05 p.m.
Present: Kesarwani, Taplin, Bartlett, Tregub, O’Keefe, Blackaby, Lunaparra, Humbert, Ishii
Absent: None
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 t he 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. Recognizing the 33rd Anniversary of Indigenous Peoples’ Day, October 13, 2025
2. Adjourned in Memory of Dan Siegel, Civil Rights Attorney
3. Adjourned in Memory of Dinh Le, Berkeley Resident and Pedestrian Fatality City Manager Comments: The City Manager highlighted Item 3 on the agenda regarding the acceptance of the Proposition 47 Cohort 5 grant award and the programs that will be supported by the grant funds.
City Auditor Comments: The City Auditor provided a brief update on Item 21 on the agenda regarding the Berkeley Police overtime audit, and noted the Police Department’s progress in implementing the audit recommendations.
Public Comment on Non-Agenda Matters: 5 speakers.
Report from Closed Session:
The City Council directed the City Attorney initiate an action. Once the litigation is filed, the particulars shall be disclosed to any person upon inquiry, unless to do so would jeopardize the City's ability to effectuate service of process on one or more unserved parties, or jeopardize the City’s ability to conclude existing settlement negotiations to its advantage.
Consent Calendar
Tuesday, September 30, 2025 ANNOTATED AGENDA Page 3
Public Comment on Consent Calendar and Information Items Only: 6 speakers.
Action: M/S/C (Humbert/Taplin) to adopt the Consent Calendar in one motion except as indicated.
Vote: All Ayes.
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
Action: Adopted second reading of Ordinance No. 7,984–N.S.
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
Action: Approved the minutes as submitted.
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 Action: Adopted Resolution No. 71,963–N.S.
Consent Calendar
Tuesday, September 30, 2025 ANNOTATED AGENDA Page 4
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
Action: Adopted first reading of Ordinance No. 7,985–N.S. Second reading scheduled for October 14, 2025.
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 Action: Adopted Resolution No. 71,964–N.S.
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 Action: Adopted Resolution No. 71,965–N.S.
Consent Calendar
Tuesday, September 30, 2025 ANNOTATED 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 Action: Adopted Resolution No. 71,966–N.S.
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 Action: Adopted Resolution No. 71,967–N.S.
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 Action: Adopted Resolution No. 71,968–N.S.
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
Action: Adopted Resolution No. 71,969–N.S.
Council Consent Items
Tuesday, September 30, 2025 ANNOTATED AGENDA Page 6
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 Action: Approved recommendation as recommended by the Facilities, Infrastructure, Transportation, Environment & Sustainability Policy Committee.
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 Action: Adopted Resolution No. 71,970–N.S.
Council Consent Items
Tuesday, September 30, 2025 ANNOTATED AGENDA Page 7
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 Action: Councilmembers Blackaby and Taplin added as co-sponsors. Adopted Resolution No. 71,971–N.S. amended to include contributions from the following Councilmembers up to the amounts listed: Councilmember Blackaby - $250; Councilmember Lunaparra - $200; Councilmember Humbert - $250; Councilmember Tregub - $100; Councilmember Kesarwani - $100; Councilmember Taplin - $250; Councilmember Bartlett - $250.
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 Action: Adopted Resolution No. 71,972–N.S. amended to include contributions from the following Councilmembers up to the amounts listed: Councilmember Taplin - $500; Councilmember Blackaby - $250; Councilmember O’Keefe - $250; Councilmember Humbert - $250; Councilmember Tregub - $100; Councilmember Kesarwani - $100; Councilmember Bartlett - $200; Mayor Ishii - $250.
Council Consent Items
Tuesday, September 30, 2025 ANNOTATED AGENDA Page 8
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: Approved recommendation as recommended by the Facilities, Infrastructure, Transportation, Environment & Sustainability Policy Committee.
Action Calendar – Public Hearings
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
Public Testimony: The Mayor opened the public hearing. 0 speakers.
M/S/C (Tregub/Taplin) to close the public hearing.
Vote: All Ayes.
Action: M/S/C (Tregub/Humbert) to adopt Resolution No. 71,973–N.S.
Vote: All Ayes.
Recess 7:10 p.m. – 7:24 p.m.
Action Calendar – New Business
Tuesday, September 30, 2025 ANNOTATED AGENDA Page 9
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 Action: 0 speakers. Presentation made and discussion held. M/S/C (Ishii/Kesarwani) to take no action on Item 17.
Vote: Ayes – Kesarwani, Taplin, Bartlett, Tregub, O’Keefe, Blackaby, Humbert, Ishii; Noes – None; Abstain – Lunaparra; Absent – None.
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 Action: 3 speakers. M/S/C (Ishii/Tregub) to refer the item to the City Attorney with direction to prepare a memorandum to City staff and the City Council addressing the applicable legal doctrines related to due process, pending investigations, and other related matters.
Vote: All Ayes.
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 Action: Received and filed.
20. Landmark Preservation Ordinance Notice of Decision: 2939 Dwight Way/#LMIN2020-0007
From: City Manager
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: Received and filed.
Information Reports
Tuesday, September 30, 2025 ANNOTATED AGENDA Page 10
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
Action: Received and filed.
Public Comment – Items Not Listed on the Agenda - 1 speaker.
Adjournment
Action: M/S/C (Taplin/Humbert) to adjourn the meeting.
Vote: All Ayes.
Adjourned at 8:36 p.m.
Communications
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
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
Tuesday, September 30, 2025 ANNOTATED AGENDA Page 11
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
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
Tuesday, September 30, 2025 ANNOTATED AGENDA Page 12
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
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
Tuesday, September 30, 2025 ANNOTATED AGENDA Page 13
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 1
Item #11: Recreation and Community Facility Improvement Measures (Reviewed by the Facilities, Infrastructure, Transportation, Environment & Sustainability Policy Committee)
57. Stephani Lesh
Supplemental Communications and Reports 2
Item #3: Authorize Acceptance of Proposition 47 Cohort 5 Grant and Execution of Related Agreements
58. Geoff Lomax (2)
Supplemental Communications and Reports 3
Item #3: Authorize Acceptance of Proposition 47 Cohort 5 Grant and Execution of Related Agreements
59. Paul Mathew
60. Steve Kromer
61. Joshua Glatt
62. Isabelle Gaston
63. Geoff Lomax
Item #6: Contract No. 32300180 Amendment: GoGo Technologies, Inc. for Provision of Transportation Services for Seniors and the Disabled
64. Barbara Gilbert