Agenda packet, first session — Berkeley City Council, October 28, 2025 (part 1 of 6)

Tuesday, October 28, 2025 AGENDA Page 1

AGENDA

BERKELEY CITY COUNCIL MEETING
Tuesday, October 28, 2025
6:00 PM

SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702 TELECONFERENCE LOCATION - 522 SEWARD SQUARE SOUTHEAST, B, WASHINGTON, DC 20003

ADENA ISHII, MAYOR
Councilmembers:

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: 160 045 1102. 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 presiding officer may then remove the individual if they do not promptly cease their disruptive behavior. “Disrupting” means engaging in behavior during a meeting of a legislative body that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting and includes, but is not limited to, a failure to comply with reasonable and lawful regulations adopted by a legislative body, or engaging in behavior that constitutes use of force or a true threat of force.

Government Code Section 84308 (Levine Act) - Parties to a proceeding involving a license, permit, or other entitlement for use are required to disclose if they made contributions over $5 00 within the prior 12 months to any City employee or officer. Parties and participants with a financial interest are prohibited from making more than $500 in contributions to a decisionmaker for the 12 months after the final decision is rendered on the proceeding.

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

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Tuesday, October 28, 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.

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

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Consent Calendar
The Council will first determine whether to move items on the agenda for “Action” or “Information” to the “Consent Calendar”, or move “Consent Calendar” items to “Action.” Three members of the City Council must agree to pull an item from the Consent Calendar or Information Calendar for it to move to Action.

Items that remain on the “Consent Calendar” are voted on in one motion as a group. “Information” items are not discussed or acted upon at the Council meeting unless they are moved to “Action” or “Consent ”.

No additional items can be moved onto the Consent Calendar once public comment has commenced. At any time during, or immediately after, public comment on Information and Consent items, any Councilmember may move any Information or Consent item to “Action.” Following this, the Council will vote on the items remaining on the Consent Calendar in one motion.

For items moved to the Action Calendar from the Consent Calendar or Information Calendar, persons who spoke on the item during the Consent Calendar public comment period may speak again at the time the matter is taken up during the Action Calendar.

Public Comment on Consent Calendar and Information Items Only: The Council will take public comment on any items that are either on the amended Consent Calendar or the Information Calendar. If ten or fewer persons are interested in speaking on an individual agenda item, each speaker may speak for two minutes. If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker. Speakers are permitted to yield their time to one other speaker, however no one speaker shall have more than four minutes. The Presiding Officer may, with the consent of persons representing both sides of an issue, allocate a block of time to each side to present their issue. A speaker may only speak once during the period for public comment on Consent Calendar and Information items.

Additional information regarding public comment by City of Berkeley employees and interns: Employees and interns of the City of Berkeley, although not required, are encouraged to identify themselves as such, the department in which they work and state whether they are speaking as an individual or in their official capacity when addressing the Council in open session or workshops.

Consent Calendar

1. Minutes for Approval
From: City Manager
Recommendation: Approve the minutes for the Council meetings of September 8, 2025 (closed), September 9, 2025 (regular), September 15, 2025 (closed), September 16, 2025 (special and regular), and September 29, 2025 (closed) and September 30, 2025 (special and regular).

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

2. Affirm Staff Preference for the Virginia Street Bikeway (Between Sacramento Street and Acton Street Next to the North Berkeley BART Station) From: City Manager
Recommendation: Adopt a Resolution implementing Option A for the approximately 200-foot segment of Virginia Street east of Acton Street next to the North Berkeley BART Station and directing the City Manager to work with BART to proceed with the Virginia Street Bikeway.

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

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3. Amending Berkeley Municipal Code Chapter 7.54 The Empty Homes Tax From: City Manager
Recommendation: Adopt first reading of an Ordinance amending Berkeley Municipal Code Chapter 7.54 The Empty Homes Tax to address issues that arose in the first annual billing and to simplify administration of the tax.

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

4. Letter to Alameda County Board of Supervisors re: Opportunities to Collaborate with Alameda County on Homelessness Programs Outside of Berkeley
From: City Manager
Recommendation: Direct the City Manager to send a letter from the City Council to the Alameda County Board of Supervisors regarding opportunities to partner on regional solutions to unsheltered homelessness.

Financial Implications: None
Contact: Peter Radu, City Manager's Office, (510) 981-7000

5. Contract: Dyson & Womack for a Public Art Program Strategic Plan From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any necessary amendments with Dyson & Womack Art Consulting for an amount not to exceed $110,000 for the development of a comprehensive Public Art Program Strategic Plan for the City of Berkeley. The contract term will be 18 months.

Financial Implications: $110,000 - Cultural Trust Fund
Contact: Eleanor Hollander, Economic Development, (510) 981-7530

6. Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on October 28, 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: $20,234,783 - Various Funds
Contact: Henry Oyekanmi, Finance, (510) 981-7300

7. Contract: Patagonia Health Electronic Health Records System Implementation for Berkeley High School Health Center
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or designee to execute a contract and any amendments with Patagonia Health for implementation of an Electronic Health Record (EHR) system for the Berkeley High School Health Center in an amount not to exceed $260,000 for the period of November 1, 2025 through June 30, 2030.

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

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8. Contract: Alameda-Contra Costa County Transit District (AC Transit) for EasyPass Program 2026-2028
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an agreement and any amendments with the Alameda-Contra Costa County Transit District (AC Transit) for the continuation of an annual bus transit pass (EasyPass) program for City of Berkeley employees in an amount not to exceed $572,717.00 for a three-year period covering 2026, 2027 and 2028.

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

9. Waiver of Sanctuary City Contracting Ordinance to Contract with Superion LLC for FUND$ Software Maintenance and Support
From: City Manager
Recommendation: Adopt a Resolution waiving the contract prohibition of Chapter

13.105, Sanctuary City Contracting, in order to continue contracting with Superion LLC (“Superion”) for software maintenance and support of the FUND$ system, which is critical to the City’s operations.

Financial Implications: None
Contact: Kevin Fong, Information Technology, (510) 981-6500

10. Amendment to Ground Lease with East Bay Regional Park District at 400 Gilman Street (Tom Bates Regional Sports Complex)
From: City Manager
Recommendation: Adopt first reading of an Ordinance authorizing the City Manager to execute an amendment to the Ground Lease with East Bay Regional Park District for the Tom Bates Regional Sports Complex at 400 Gilman Street extending the term to December 31, 2053 and includes improvements to be constructed by the City.

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

11. Contract No. 32200098 Amendment: ERA Construction, Inc. for O & K Docks Electrical Upgrades Project
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32200098 with ERA Construction, Inc. for the O & K Docks Electrical Upgrades Project, increasing the amount by $666,600 for an amended total amount not to exceed $2,133,600.

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

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12. Contracts: On-Call Waterfront Engineering, Design, Environmental Permitting, and Construction Administration Services for Capital Improvement Projects at the Berkeley Waterfront
From: City Manager
Recommendation: Adopt five Resolutions authorizing the City Manager to execute contracts and any amendments with the following firms for on-call waterfront engineering, design, environmental permitting and construction administration services for capital improvement projects at the Berkeley Waterfront, for contract periods of December 1, 2025 through November 30, 2028:

1. COWI North America, Inc., for an amount not to exceed $1,000,000.

2. Foth & Van Dyke and Associates, Inc., for an amount not to exceed $1,000,000.

3. GFT Infrastructure, Inc., for an amount not to exceed $1,000,000.

4. GHD Inc., for an amount not to exceed $1,000,000.

5. Moffatt & Nichol, for an amount not to exceed $1,000,000.

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

13. Donation: Memorial Bench at Berkeley Marina in Memory of Dove Charlotte Lenz
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 Waterfront in memory of Dove Charlotte Lenz
Financial Implications: $3,400 - Donation
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

14. Donation: Memorial Bench at Berkeley Rose in Memory of Lee and Dorothy Marsh
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 Rose Garden in memory of Lee and Dorothy Marsh.

Financial Implications: $3,400 - Donation
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

15. Donation: Memorial Bench at King Park in Memory of Leon and Harriett Reiter 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 King Park in memory of Leon and Harriett Reiter.

Financial Implications: $3,400 - Donation
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

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16. Grant Application: Caltrans Clean CA Program – Community Cleanup and Employment Pathway (CCEP)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or his designee to submit a grant application to the Clean CA Community Cleanup and Employment Pathway (CCEP) Grant Program; accept any grants; execute any resulting grant agreements and any amendments; and that Council authorize the implementation of the project and appropriation of funding for related expenses, subject to securing the grant; and authorize the Mayor to sign the Clean California Pledge.

Financial Implications: $200,000 in revenue.

Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

17. Adoption of Berkeley Building Codes, Including Local Amendments to California Building Standards Code
From: City Manager
Recommendation:

1. Adopt first reading of an Ordinance repealing and reenacting the Berkeley Building, Residential, Electrical, Mechanical, Plumbing, Energy, and Green Building Standards Codes in BMC Chapters 19.28, 19.29, 19.30, 19.32, 19.34, 19.36 and

19.37, and adopting related procedural and stricter provisions; schedule a Public Hearing, pursuant to state law, for the second reading on November 18, 2025; and

2. Adopt a Resolution setting forth findings of local conditions that justify more stringent regulations than those provided by the 2025 California Building Standards Code, and rescinding Resolution No. 71,320–N.S.

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

18. Authorization to Encrypt Berkeley Police Department Primary Radio Channels From: City Manager
Recommendation: Adopt a Resolution rescinding the City Council’s existing policy (established in September of 2021) that limits the Police Department’s use of encrypted public safety radio transmissions to Special Response Team operations, special patrol and investigative operations, prolonged critical incidents, execution of search warrants, or transmissions of Criminal Justice Information (CJI) and Personally Identifiable Information (PII) pursuant to California Department of Justice (DOJ) Bulletin 20-09-CJIS and authorize the encryption of all primary Berkeley Police Department (BPD) radio channels.

Financial Implications: See report
Contact: Jennifer Louis, Police, (510) 981-5900

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19. Revenue Grant: California Office of Traffic Safety (OTS) for the 2025-2026 Selective Traffic Enforcement Program (STEP) Grant
From: City Manager
Recommendation: Adopt a Resolution authorizing the Chief of Police to accept the "Selective Traffic Enforcement Program (STEP)" grant and enter into the resultant grant agreement and any amendments, with the California Office of Traffic Safety.

This OTS grant is for $240,000 for the period of October 1, 2025 through September 30, 2026, which is Federal Fiscal Year 2026.

Financial Implications: See report
Contact: Jennifer Louis, Police, (510) 981-5900

20. Revenue Grant: Cannabis Tax Fund Grant Program (CTFGP) Acceptance From: City Manager
Recommendation: Adopt a Resolution authorizing the Chief of Police to accept the CTFGP grant and enter into the resultant grant agreement and any amendments, with the California Highway Patrol. This grant is for $101,783.28 for the period of July 1, 2025 through June 30, 2026.

Financial Implications: See report
Contact: Jennifer Louis, Police, (510) 981-5900

21. Revenue Grant: Fiscal Years 2025/2026 Alcoholic Beverage Control (ABC) Alcohol Policing Partnership (APP) Grant
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a grant contract and any subsequent amendments, with the Alcoholic Beverage Control (ABC) in the amount of $75,012 for Fiscal Year 2025/2026.

Financial Implications: See report
Contact: Jennifer Louis, Police, (510) 981-5900

22. Contract No. 32300085 Amendment: Abbe & Associates, Integrated Zero Waste Management Strategic Plan
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 32300085 with Abbe & Associates, to support completion of the Integrated Zero Waste Management Strategic Plan by increasing the contract by $221,400 resulting in a total contract amount not to exceed $721,400 and extending the term through October 31, 2027.

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

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23. Contract No: 32300115 Amendment: On-Call Arborist Services, HortScience Bartlett Consulting
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32300115 with HortScience Bartlett Consulting for on- call arborist services, increasing the contract amount by $270,000 for a total not to exceed amount of $395,000 and extending the term of the contract from December 31, 2025, to February 9, 2028.

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

24. Contract for Construction (Bauman Landscape and Construction, Inc.) and Contract No. 32300026: Amendment for Engineering Services (Diablo Engineering Group) for the Ohlone Greenway Modernization and Safety Project From: City Manager
Recommendation: Adopt a Resolution:

1. Approving plans and specifications for the Ohlone Greenway Modernization and Safety Project, Specification No. 26-11748-C;

2. Accepting the bid of Bauman Landscape and Construction, Inc., the lowest responsive and responsible bidder;

3. Authorizing the City Manager to execute a contract with Bauman Landscape and Construction, Inc. and any amendments, extensions, and/or change orders until completion of the Project in accordance with the approved plans and specifications, in an amount not to exceed $3,782,000, which includes a 10% contingency for unforeseen circumstances; and

4. Authorizing the City Manager to execute a contract amendment with Diablo Engineering Group to provide engineering services during the construction phase of the Project, increasing the contract amount by $100,000 for a total not-to-exceed amount of $650,000.

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

25. Contracts: Interface Engineering, Inc. and Salas O’Brien Engineers, Inc. for On- Call Electrical Engineering Services
From: City Manager
Recommendation: Adopt two Resolutions authorizing the City Manager to execute contracts and any amendments with the following firms for on-call electrical engineering services for capital improvement projects, each for a period of November 1, 2025, through June 30, 2028:

1. Interface Engineering, Inc., for an amount not to exceed $150,000.

2. Salas O’Brien Engineers, Inc., for an amount not to exceed $150,000.

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

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26. Final Map of Tract 8651: 2403-2407 San Pablo Avenue From: City Manager
Recommendation: Adopt a Resolution approving the final map of Tract Map 8651 for a 37-unit condominium project consisting of 36 residential units and 1 commercial unit at 2403-2407 San Pablo Avenue.

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

27. Referral Request to Rescind Incorrect Information Related to Turtle Island Monument
From: Civic Arts Commission
Recommendation: Refer to City Manager to draft a Resolution to send to Council for adoption that would correct the historical record found in three Council Resolutions. In the first of these resolutions issued in 2003 the City conducted a procurement process utilizing an artwork title “Turtle Island Monument” (an artwork concept originally created by Lee Sprague and Marlene Watson in the 1990s and recast as a new project by the City) resulting in another artist being contracted in 2006 to unwittingly create artwork for the City using this same title. The 2023 Resolution, related to an aspect of an attempted collaborative redesign of Turtle Island Monument involving the original artists, does not have an executed contract and should be rescinded. Those three resolutions are: 2005 Contract Authorization for Scott Parsons, 2006 Contract Amendment Authorization for Scott Parsons, 2023 Contract Authorization for Scott Parsons.

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

28. Remove Pre-Transfer Eligibility Restriction of the Transfer Tax Rebate for Wildfire Hardening (Reviewed by the Budget & Finance Policy Committee) (Item Contains Supplemental Material)
From: Disaster and Fire Safety Commission
Recommendation: Adopt first reading of an ordinance removing the 1-year pre- transfer eligibility restriction of the transfer tax rebate for wildfire hardening from BMC

7.52.060, to encourage early mitigation efforts.

Policy Committee Recommendation: To send the item to Council with a Qualified Positive Recommendation to request that staff submit an amended ordinance with the item that includes the following: 5-year/1-year eligibility timeline; limit eligibility to High and Very High Fire Hazard Severity Zones; clarify eligible vegetation as proposed by staff; include other minor language clean up proposed by staff. Also, include analysis and options for an eligibility cap based on home value.

Financial Implications: See report
Contact: Keith May, Commission Secretary, (510) 981-3473

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29. Renewal of the Elmwood BID for Calendar Year 2026
From: Elmwood Advisory Board
Recommendation: Adopt a Resolution approving the Elmwood Business Improvement District Advisory Board’s (hereafter “Elmwood BID Advisory Board” or “the Advisory Board”) recommendation that Council 1) Approve the 2025 Annual Report and preliminary budget for proposed improvements in the District for calendar year 2026; 2) Declare its intent to levy an assessment to finance improvements in the District for calendar year 2026 and 3) Direct the City Clerk to schedule a public hearing on the renewal of the Elmwood BID for December 2, 2025.

Financial Implications: See report
Contact: Vincent McCoy, Commission Secretary, (510) 981-7530

30. Renewal of the Solano Avenue BID for Calendar Year 2026 From: Solano Avenue BID Advisory Board
Recommendation: Adopt a Resolution approving the Solano Avenue Business Improvement District Advisory Board’s (hereafter “Solano BID Advisory Board” or “the Advisory Board”) recommendation that Council: 1) Approve the 2025 Annual Report and preliminary budget on proposed improvements in the District for calendar year 2026; 2) Declare its intent to levy an assessment to finance improvements in the District for calendar year 2026; and 3) Direct the City Clerk to schedule a public hearing on the renewal of the assessment for December 2, 2025.

Financial Implications: See report
Contact: Vincent McCoy, Commission Secretary, (510) 981-7530

Council Consent Items

31. Russell Street Halloween Festivities: 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 $1,000 per Councilmember including $1,000 from Councilmember Humbert to the Claremont Elmwood Neighborhood Association for Russell Street Halloween festivities 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 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

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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.

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

If ten or fewer persons are interested in speaking during a public hearing, each speaker may speak for two minutes. If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker. Speakers are permitted to yield their time to one other speaker, however no one speaker shall have more than four minutes. The Presiding Officer may with the consent of persons representing both sides of an issue allocate a block of time to e ach side to present their issue.

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

32. Amendments to Title 21 (Subdivisions) to Allow Separate Sale of ADUs From: City Manager
Recommendation: Conduct a public hearing, and upon conclusion, adopt the first reading of an Ordinance to amend Berkeley Municipal Code Title 21 (Subdivisions Ordinance) and Chapter 23.306 Accessory Dwelling Units to implement Assembly Bill (AB) 1033 by establishing local regulations for the separate sale of ADUs as condominiums.

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

Action Calendar – New Business

33. Telegraph Multimodal Corridor Project Conceptual Design From: City Manager
Recommendation: Adopt a Resolution approving the recommended conceptual design (Concept 3B) of the Telegraph Ave Multimodal Corridor Project (Project) and authorizing the City Manager to proceed with the detailed engineering design of the project.

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

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Information Reports

34. Inclusionary Housing Program Annual Report Fiscal Year 2025 From: City Manager
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5400

35. Audit Status Reports: Fleet Replacement Fund Short Millions and Rocky Road:

Berkeley Streets at Risk and Significantly Underfunded
From: City Manager
Contact: Terrance Davis, Public Works, (510) 981-6300

36. Audit Status Report: 2009 Leases Audit Follow-Up
From: City Manager
Contact: Terrance Davis, Public Works, (510) 981-6300

37. Civic Arts Commission FY26 Work Plan
From: Civic Arts Commission
Contact: Jennifer Lovvorn, Commission Secretary, (510) 981-7530

38. Fiscal Year 2026 Public Art Budget
From: Civic Arts Commission
Contact: Jennifer Lovvorn, Commission Secretary, (510) 981-7530

Public Comment – Items Not Listed on the Agenda
Adjournment

NOTICE CONCERNING YOUR LEGAL RIGHTS : If you object to a decision by the City Council to approve or deny a use permit or variance for a project the following requirements and restrictions apply:
1) No lawsuit challenging a City decision to deny (Code Civ. Proc. §1094.6(b)) or approve (Gov. Code 65009(c)(5)) a use permit or variance may be filed more than 90 days after the date the Notice of Decision of the action of the City Council is mailed. Any lawsuit not filed within that 90 -day period will be barred. 2) In any lawsuit that may be filed against a City Council decision to approve or deny a use permit or variance, the issues and evidence will be limited to those raised by you or someone else, orally or in writing, at a public hearing or prior to the close of the last public hearing on the project.

Archived indexed video streams are available at: 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.

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Tuesday, October 28, 2025 AGENDA Page 14
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:

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 the City Clerk prior to the meeting, and are to be returned before the end of the meeting.

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

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ I hereby certify that the agenda for this meeting of the Berkeley City Council was posted at the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way, as well as on the City’s website, on October 16, 2025.

Mark Numainville, City Clerk

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Tuesday, October 28, 2025 AGENDA Page 15
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.

Traffic Safety

1. Matthew Lewis

2. Naveen Gattu

3. Rachel Bradley

Support for Councilmember Taplin’s Measures

4. John Waters

Our Owls

5. Martin Nicolaus

Café Concerns

6. Ed Iskander

Harrison and 6th Street

7. Craig Nagasawa

FLOCK Concerns

8. Anitra Grisales

9. Marisa Lin

10. Athalia Sachowitz

11. Evangel King

12. Margot Smith

Headlands on Campus

13. Mimi Hoang

Fire Sprinkler Permit

14. Kiran Kaja

Lithium Ion Battery Safety

15. Christopher La Combe

Motorized Vehicles on Sidewalks

16. Yolanda Huang

Social Housing

17. David Shere

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Tuesday, October 28, 2025 AGENDA Page 16
Construction Noise and Dust Concern

18. Rajendra Sahai

Noise Concerns

19. Jen Loy

20. Whytes

Tent and RV Encampments

21. Daniel Jurnove

Representation for Animals

22. Cybersailor

East Dock Repair

23. Robert Ofsevit

People’s Park

24. Alan Jencks

Records Inquiry

25. Carol Denney

Getting to Concerts

26. Margot Smith

Oxford Elementary

27. Eric Friedman

Berkeley Filmmakers Awarded

28. Susan Ives and Alexis Harte

Letter

29. Kelly Elena MacDonald on behalf of Andrea Cluver

Kala Bagai Way

30. Monisha Bajaj & Sanjog Singh

LPC Meeting

31. Mark Hulbert

Cordonices Creek

32. Susan Schwartz (2)

33. Jodie Morgan

34. Cris Benton (2)

35. Peter Radu

36. Dorothea Dorenz

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Tuesday, October 28, 2025 AGENDA Page 17

Elder Abuse Concerns

37. Carol Denney

IKE Kiosk Revenue

38. Nico Savidge

Elementary Reading Program

39. 10 Similarly worded form letters

Forwards

40. Margot Smith

E-Scooters

41. Robert Borghese (6)

42. Devin Dollinger (7)

43. Igor Tregub

44. Bonnie Ciedel

Fairmont Hotel Wedding

45. Eid’s TV and Electronic

Newsletters

46. Berkeley Art Center

47. Downtown Berkeley Association

48. Crustyrusty

URL’s

49. Russbumper (2)

50. Mark Chekal
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.

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

CONSENT CALENDAR
October 28, 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 September 8, 2025 (closed), September 9, 2025 (regular), September 15, 2025 (closed), September 16, 2025 (special and regular), and September 29, 2025 (closed) and September 30, 2025 (special and regular).

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

1. September 8, 2025 – Special Closed City Council Meeting

2. September 9, 2025 – Regular City Council Meeting

3. September 15, 2025 – Special Closed City Council Meeting

4. September 16, 2025 – Special City Council Meeting

5. September 16, 2025 – Regular City Council Meeting

6. September 29, 2025 – Special Closed City Council Meeting

7. September 30, 2025 – Special City Council Meeting

8. September 30, 2025 – Regular City Council Meeting

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Monday, September 8, 2025 MINUTES Page 1

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

S P E C I A L M E E T I N G M I N U T E S
MONDAY, SEPTEMBER 8, 2025
3:00 P.M.
2180 MILVIA STREET, BERKELEY, CA 94704 – REDWOOD ROOM
TELECONFERENCE LOCATION – 1619 EDITH STREET, BERKELEY, CA 94703

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 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: 160 835 4501. To provide public comment, Press *9 and wait to be recognized by the Chair. To submit a written communication for the public record, email [email protected].

This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953. Any member of the public may attend this meeting, however, if you are feeling sick, please do not attend the meeting in person.

The City Council may take action related to any subject listed on the Agenda.

Government Code Section 84308 (Levine Act) - Parties to a proceeding involving a license, permit, or other entitlement for use are required to disclose if they made contributions over $500 within the prior 12 months to any City employee or officer. Parties and participants with a financial interest are prohibited from making more than $500 in contributions to a decisionmaker for the 12 months after the final decision is rendered on the proceeding.

Attachment 1

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Monday, September 8, 2025 MINUTES Page 2
Preliminary Matters
Roll Call: 3:05 p.m.

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

Absent: Bartlett
Councilmember Bartlett present at 3:39 p.m.

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

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

1. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(2)
a. WCAB Matter –# ADJ16494093; Claim # BER2200136
b. WCAB Matter –# ADJ16494099; Claim # BER2300016
c. WCAB Matter –# ADJ16494098; Claim # BER1700136
Action: M/S/C (Humbert/Taplin) to approve a settlement by Compromise and Release with a release of future medical care, or in the alternative, by Stipulations with Request for Award with open future medical care, as to a workers’ compensation matter assigned claim numbers BER2200136, BER2300016, and BER1700136 and WCAB case numbers ADJ16494093, ADJ16494099 and ADJ16494098.

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

2. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(2)
a. WCAB Matter –# ADJ16082238; Claim # BER2200047
Action: M/S/C (Humbert/Taplin) to provide direction to outside counsel and approved a settlement by Compromise and Release with a release of future medical care, or in the alternative, by Stipulations with Request for Award with open future medical care, as to a workers’ compensation matter assigned claim number BER2200047 and WCAB case number ADJ16082238.

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

3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(1):
a. In Re: Purdue Pharma L.P., et al., United States Bankruptcy Court, Southern District of New York, Case No. 19-23649 (SHL). Discussion and direction whether to participate in the Governmental Entity and Shareholder Direct Settlement Agreement (“GESA”) in connection with Purdue’s bankruptcy proceedings, which consists of, among other things, a settlement of claims against opioid manufacturer Purdue Pharma and its owners, the Sackler family, concerning alleged misconduct related to opioids. https://nationalopioidsettlement.com/

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Monday, September 8, 2025 MINUTES Page 3
b. In Re: National Prescription Opiate Litigation, United States District Court, Northern District of Ohio, Eastern Division, MDL No. 2804, Case No. 1:17-md-2804. Discussion and direction whether to participate in the nationwide settlements that are proposed to resolve all opioids litigation brought by states and local political subdivisions against eight opioids manufacturers—Alvogen, Amneal, Apotex, Hikma, Indivior, Mylan, Sun, and Zydus. https://nationalopioidsettlement.com/
Action: M/S/C (Humbert/Taplin) to approve participation in two nationwide settlement agreements to resolve claims against opioids manufacturers and authorized the City Manager’s Office to receive settlement funds directly instead of allowing them to flow to Alameda County. The two cases at issue are: In Re: Purdue Pharma L.P., et al., United States Bankruptcy Court, Southern District of New York, Case No. 19-23649 (SHL) and In Re: National Prescription Opiate Litigation, United States District Court, Northern District of Ohio, Eastern Division, MDL No. 2804, Case No. 1:17-md-2804.

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

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

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

Action: No reportable action taken.
c. Berkeley Homeless Union v. City of Berkeley, et al., USDC Case No. 4:25-cv-0449-HSG, US District Court for the Northern District of California Action: No reportable action taken.
d. Dennison, et al. v. City of Berkeley, Alameda County Superior Court Case No. 24CV091288 Action: No reportable action taken.

OPEN SESSION:

Public Reports of actions taken pursuant to Government Code section 54957.1.

The Council met in closed session on September 8, 2025, Pursuant to Government Code Section 54956.9(d)(2) and provided directions to outside counsel and approved a settlement by Compromise and Release with a release of future medical care, or in the alternative, by Stipulations with Request for Award with open future medical care, as to a workers’ compensation matter assigned claim numbers BER2200136, BER2300016, and BER1700136 and WCAB case numbers ADJ16494093, ADJ16494099 and ADJ16494098.

Similarly, the Council met in closed session on September 8, 2025, Pursuant to Government Code Section 54956.9(d)(2) and provided directions to outside counsel and approved a settlement by Compromise and Release with a release of future medical care, or in the alternative, by Stipulations with Request for Award with open future medical care, as to a workers’ compensation matter assigned claim number BER2200047 and WCAB case number ADJ16082238.

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Monday, September 8, 2025 MINUTES Page 4
The Council met in closed session on September 8, 2025, pursuant to Government Code Section 54956.9(d)(1) and approved participation in two nationwide settlement agreements to resolve claims against opioids manufacturers and authorized the City Manager’s Office to receive settlement funds directly instead of allowing them to flow to Alameda County. The two cases at issue are: In Re: Purdue Pharma L.P., et al., United States Bankruptcy Court, Southern District of New York, Case No. 19-23649 (SHL) and In Re: National Prescription Opiate Litigation, United States District Court, Northern District of Ohio, Eastern Division, MDL No. 2804, Case No. 1:17-md-2804.

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

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

Adjourned at 4:29 p.m.

I hereby certify that the foregoing is a true and correct record of the City Council closed session meeting held on September 8, 2025.
________________________
Mark Numainville, City Clerk

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Tuesday, September 9, 2025 MINUTES Page 1

MINUTES

BERKELEY CITY COUNCIL MEETING
Tuesday, September 9, 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: 160 154 8622. 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.

Government Code Section 84308 (Levine Act) - Parties to a proceeding involving a license, permit, or other entitlement for use are required to disclose if they made contributions over $500 within the prior 12 months to any City employee or officer. Parties and participants with a financial interest are prohibited from making more than $500 in contributions to a decisionmaker for the 12 months after the final decision is rendered on the proceeding.

Attachment 2

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Consent Calendar
Tuesday, September 9, 2025 MINUTES Page 2
Preliminary Matters
Roll Call: 6:07 p.m.

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

Absent: Bartlett
Councilmember Bartlett present at 6:09 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.

Report from Closed Session:

The Council met in closed session on September 8, 2025, pursuant to Government Code Section 54956.9(d)(1) and approved participation in two nationwide settlement agreements to resolve claims against opioids manufacturers and authorized the City Manager’s Office to receive settlement funds directly instead of allowing them to flow to Alameda County. The two cases at issue are: In Re: Purdue Pharma L.P., et al., United States Bankruptcy Court, Southern District of New York, Case No. 19-23649 (SHL) and In Re: National Prescription Opiate Litigation, United States District Court, Northern District of Ohio, Eastern Division, MDL No. 2804, Case No. 1:17-md-2804.

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Consent Calendar
Tuesday, September 9, 2025 MINUTES Page 3
Ceremonial Matters:

1. Pledge of Allegiance

2. Adjourn in memory of Chris Peeples, AC Transit Director

3. Adjourn in memory of John Beaulaurier, Community Advocate City Manager Comments:

The City Manager noted that three items are removed from the agenda: Item 8 (Project Sankofa), Item 15 (Code Amendment), and Item 24 (Flock Cameras).

Public Comment on Non-Agenda Matters: 10 speakers.

Public Comment by Employee Unions: 0 speakers.

Action: M/S/C (Blackaby/Tregub) to accept 1) an urgency item from Councilmember Blackaby pursuant to Government Code Section 54954.2(b)(2) entitled Letter of Support – SB-326, AB-1143, AB-888; and 2) an urgency item from Councilmember Lunaparra pursuant to Government Code Section 54954.2(b)(2) entitled Urgent Item: Send a Letter to Governor Gavin Newsom in Support of a Stopgap Loan for Bay Area Transit Agencies with Councilmember Kesarwani added as a co-sponsor.

Vote: All Ayes.

Consent Calendar
Public Comment on Consent Calendar and Information Items Only: 12 speakers.

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

Vote: All Ayes.

Recess Items

1. Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After City Manager Approval on July 30, 2025
From: City Manager
Recommendation: Ratify the action taken by the City Manager during recess to approve the request for proposals or invitation for bids (attached to staff report) that will be, or are planned to be, issued upon final approval by the requesting department or division. All contracts over the City Manager’s threshold will be returned to Council for final approval.

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

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Recess Items
Tuesday, September 9, 2025 MINUTES Page 4

2. Contract: ImageTrend, Inc. for Fire Department Records Management Software From: City Manager
Recommendation: Adopt a Resolution ratifying the action taken by the City Manager during recess to enter into a contract with ImageTrend, Inc. for Fire Department Records Management Software (Fire RMS) by piggyback using the Sourcewell Contract No. 030425-IMG for an amount not to exceed $394,736 for the four year base contract period from September 1, 2025 through August 31, 2029 with two (2), three (3) year extensions not to exceed $719,990 from September 1, 2029 through August 31, 2035 with the total contract amount not to exceed $1,114,726.

Financial Implications: See report
Contact: David Sprague, Fire, (510) 981-3473
Action: Adopted Resolution No. 71,936–N.S.

3. Contract: Throne Lab Portable Toilet Pilot Program
From: City Manager
Recommendation: Adopt a Resolution ratifying the action taken by the City Manager during recess authorizing the City Manager to execute a contract and any amendments with Throne Lab, Inc. to provide a pilot program of portable toilet services for a total amount not to exceed $70,000.

Financial Implications: Various Funds - $70,000
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 71,937–N.S.

4. Amendment to Contract No. 32100160: Alameda-Contra Costa County Transit District (AC Transit) For EasyPass Program 2021-2025
From: City Manager
Recommendation: Adopt a Resolution ratifying the action taken by the City Manager during recess to amend Contract No. 32100160 to cover expenses for the remainder of 2025 for employee transit pass program with an additional $125,086 for a new total amount not to exceed $899,539.

Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300
Action: Adopted Resolution No. 71,938–N.S.

Consent Calendar
Urgent Item: Letter of Support – SB-326, AB-1143, AB-888 From: Councilmember Blackaby (Author)
Recommendation: Send a letter to Appropriations Chair Wicks, Appropriations Vice Chair Sanchez, Assembly Speaker Rivas and Senate Pro Temp McGuire, with a cc to the authors and Senator Arreguín, in support of SB-326 (Becker), AB-1143 (Bennett) and AB-888 (Calderon).

Financial Implications: None
Contact: Brent Blackaby, Councilmember, District 6, (510) 981-7160 Action: Approved recommendation.

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Consent Calendar
Tuesday, September 9, 2025 MINUTES Page 5
Urgent Item: Send a Letter to Governor Gavin Newsom in Support of a Stopgap Loan for Bay Area Transit Agencies
From: Councilmember Lunaparra (Author), Mayor Ishii (Co-sponsor), Councilmember Humbert (Co-sponsor), Councilmember Kesarwani (Co-sponsor) Recommendation: Urgent Item: Send a letter to Governor Gavin Newsom in support of a stopgap loan for Bay Area transit agencies
Financial Implications: None
Contact: Cecilia Lunaparra, Councilmember, District 7, (510) 981-7170 Action: Approved recommendation.

5. Accessory Dwelling Units (ADUs): Amendments to Title 23 (Zoning) to Comply with State Law and Encourage ADU Development
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,983-N.S. amending 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.

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

Financial Implications: None
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: Adopted second reading of Ordinance No. 7,983–N.S.

6. Establish 2026 City Council Meeting Schedule
From: City Manager
Recommendation: Adopt a Resolution establishing the City Council regular meeting schedule for calendar year 2026, with starting times of 6:00 p.m.

Financial Implications: None
Contact: Mark Numainville, City Clerk, (510) 981-6900
Action: Adopted Resolution No. 71,939–N.S.

7. Voting Delegates – League of California Cities Annual Conference From: City Manager
Recommendation: Designate Councilmember Lunaparra as the voting delegate and Councilmember Humbert as the alternate for the General Assembly of the Annual League of California Cities conference to be held on Friday, October 10, 2025, in Long Beach.

Financial Implications: See report
Contact: Mark Numainville, City Clerk, (510) 981-6900
Action: Approved recommendation.

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Consent Calendar
Tuesday, September 9, 2025 MINUTES Page 6

8. Contract: African American/Black Professional Community Network for Project Sankofa
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with African American/Black Professional Community Network (AABPN) with Healthy Black Families as the fiscal sponsor for the African American Holistic Resource Center, Project Sankofa, which will be funded through the State of California Mental Health Services Act (MHSA) Community Services and Supports funds, for a not to exceed amount of $300,000, through June 30, 2026.

Financial Implications: State of California Mental Health Services Act Fund - $300,000
Contact: Paul Buddenhagen, City Manager, (510) 981-7000 Action: Item 8 removed from the agenda by the City Manager.

9. Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on September 9, 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: Various Funds - $1,250,000
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Approved recommendation.

10. Authorization to Accept One-Time $10,000 Stipend for Service on the California Local Government Agency Executive Committee
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or designee to accept a $10,000 stipend award, for Fiscal Year 2026, from Santa Cruz County Health Services Agency. This funding will support the City of Berkeley’s Health, Housing, and Community Services Department’s Medi-Cal Administrative Activities Program.

Financial Implications: See report
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 71,940–N.S.

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Consent Calendar
Tuesday, September 9, 2025 MINUTES Page 7

11. Reserving Predevelopment Funds for the Development of Affordable Housing on the Ashby BART West Lot
From: City Manager
Recommendation: Adopt a Resolution to: 1. Reserve $2 million for Resources for Community Development (RCD) to support the development of affordable housing at Ashby BART West Lot. 2. Authorize the City Manager or designee to execute all original or amended documents or agreements to effectuate this action.

Financial Implications: See report
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 71,941–N.S.

12. Contract No. 32400192 Amendment: GovernmentJobs.com (dba NEOGOV) for Online Data Management Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32400192 with GovernmentJobs.com (dba NEOGOV) for online data management services including applicant tracking, onboarding, and learning management to increase the contract by $71,115 for a total contract amount not to exceed $180,000.

Financial Implications: Various Funds - $71,115
Contact: Janelle Rodrigues, Human Resources, (510) 981-6800 Action: Adopted Resolution No. 71,942–N.S.

13. Grant Agreement Amendment with State Coastal Conservancy to reallocate $1.7M to a) the Bay Trail Segment at Shorebird Park (design phase) and b) recreation improvements at the Gateway Pier and the J&K Parking Lot From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a grant agreement amendment with the State Coastal Conservancy (SCC) to re- allocate $1.7M in unspent funds from the Cesar Chavez Park Perimeter Trail Project to a) the Bay Trail Segment at Shorebird Park (design phase) and b) recreation improvements at the Gateway Pier and the J&K Parking Lot.

Financial Implications: See report.

Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 71,943–N.S.

14. Reject All Bids Associated with Cesar Chavez Park Perimeter Pathway Improvement Project
From: City Manager
Recommendation: Adopt a Resolution rejecting all bids for the work associated with the Cesar Chavez Park Perimeter Pathway Improvement Project (Bid Specification No. 25-11702-C) in order to return bidder proposal guarantees.

Financial Implications: None
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 71,944–N.S.

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Consent Calendar
Tuesday, September 9, 2025 MINUTES Page 8

15. Ordinance Amendment Relating to the Memorandum of Understanding (MOU) Compendium; Amending Berkeley Municipal Code Section 2.04.190 From: City Manager
Recommendation: Adopt first reading of an Ordinance amending Berkeley Municipal Code Section 2.04.190 to revise the required frequency of City Council approval for agreements, understandings, or policies between the Berkeley Police Department and other law enforcement agencies or private organizations.

Financial Implications: See report
Contact: Jennifer Louis, Police, (510) 981-5900
Action: Item 15 removed from agenda by the City Manager.

16. Grant Acceptance and Execution for the Codornices Creek Restoration at Ninth Street Bend Project
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to: 1. Execute a $500,000 funding agreement with the Department of Water Resources and any amendments thereto for the Codornices Creek Restoration at Ninth Street Bend Project. 2. Authorize submission of any required documents, invoices, and reports required to obtain grant funding.

Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300
Action: Adopted Resolution No. 71,945–N.S.

17. Allocation Request: MTC Safe Routes to Transit and Bay Trail Program:

Adeline Street Quick Build
From: City Manager
Recommendation: Adopt a Resolution authorizing the Public Works Department to submit a grant funding allocation request to the Metropolitan Transportation Commission (MTC) for the Adeline Street Quick-Build project.

Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300
Action: Adopted Resolution No. 71,946–N.S.

18. Contract No. 32500001 Amendment: CESCORP, dba Cal Elite Builders for Corp Yard City Fleet EV Charger Project. Specification No.23-11546-C From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 32500001 with CESCORP dba Cal Elite Builders to complete the installation of electric vehicle chargers and related work at the Corporation Yard, increasing the current not to exceed contract amount of $814,680 by $140,000 for a total amount not to exceed $954,680.

Financial Implications: Various Funds - $140,000
Contact: Terrance Davis, Public Works, (510) 981-6300
Action: Adopted Resolution No. 71,947–N.S.

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Consent Calendar
Tuesday, September 9, 2025 MINUTES Page 9

19. Contract: Mar Con Builders, Inc. for the Corporation Yard Green Room and Building H Improvements Project
From: City Manager
Recommendation: Adopt a Resolution: 1. Approving plans and specifications for the Corporation Yard Green Room and Building H Improvements Project, Specification No. 25-116706-C; and 2. Accepting the bid of Mar Con Builders, 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 the Project is completed in accordance with the approved plans and specifications for an amount not to exceed $2,170,003, which includes a contingency of $283,004.

Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300
Action: Adopted Resolution No. 71,948–N.S.

20. Contract: Bayview Industrial Services, Inc. for Removal of Transfer Station Underground Storage Tanks Project
From: City Manager
Recommendation: Adopt a Resolution: 1. Approving plans and specifications for Removal of Transfer Station Underground Storage Tanks; and 2. Accepting the bid of Bayview Industrial Services, Inc. as the lowest, responsive and responsible bidder; and 3. Authorizing the City Manager to execute a contract and any amendments, extensions, or change orders until the Project is completed in accordance with the approved plans and specifications for an amount not to exceed $292,200, which includes a contingency of $48,360.

Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300
Action: Adopted Resolution No. 71,949–N.S.

21. Contract Amendments: On-Call Civil Engineering Services, CSW Stuber-Stroeh Engineering Group, Inc. and SCI Consulting Group Inc.

From: City Manager
Recommendation: Adopt two Resolutions authorizing the City Manager to execute contract amendments for on-call civil engineering, construction management and various assessment related services for capital improvement projects increasing each contract amount and extending the term of the contracts to December 31, 2027.

1. Contract No. 32300080 with CSW Stuber-Stroeh Engineering Group increasing the spending authority by $750,000, for an amount not to exceed $2,2500,000.

2. Contract No. 32300110 with SCI Consulting Group Inc. increasing the spending authority by $100,000 for a total not to exceed $400,000.

Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300
Action: Adopted Resolution No. 71,950–N.S. (CSW Stuber-Stroeh), and Resolution No. 71,951–N.S. (SCI Consulting Group).

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Council Consent Items
Tuesday, September 9, 2025 MINUTES Page 10

22. Budget Referral: 9th Street Linear Park Design Phase From: Councilmember Taplin (Author)
Recommendation: Refer to the November 2025 (FY25) AAO1 Process $75,000 to fund the 9th Street Linear Park Design Phase.

Financial Implications: $75,000 and staff time
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120 Action: Approved recommendation.

23. Waterside Workshops: 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 Waterside Workshops in celebration and execution of The Land and Sea Party 2025.

Financial Implications: Councilmember's Discretionary Funds - $500 Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120 Action: Councilmembers Tregub, Bartlett, and Humbert added as co-sponsors.

Adopted Resolution No. 71,952–N.S. revised to include contributions from the following Councilmembers up to the amounts listed: Mayor Ishii - $250; Counclmember Lunaparra - $500; Counclmember Tregub - $100; Counclmember Bartlett - $250; Counclmember Blackaby - $250; Counclmember Humbert - $500; Counclmember Kesarwani - $100; Counclmember O’Keefe - $250.

Recess 7:18 p.m. – 7:36 p.m.

Action Calendar – New Business

24. Contract: Flock Safety for Condor Fixed Surveillance Cameras From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Flock Safety to provide Condor fixed surveillance cameras and services for an initial four-year term, in an amount not to exceed $310,000, with an option to extend the contract for one additional three-year term, for a total contract amount not to exceed $600,000.

Financial Implications: General Fund - $600,000
Contact: Jennifer Louis, Police, (510) 981-5900
Action: 42 speakers. Item 24 removed from the agenda by the City Manager.

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Action Calendar
Tuesday, September 9, 2025 MINUTES Page 11

25. Proposed Sanctuary City Ordinance – Council Referral; Adding Berkeley Municipal Code Chapter 13.114
From: City Attorney
Recommendation: Adopt a Sanctuary City Ordinance (BMC 13.114) to codify the City’s sanctuary policy into the Berkeley Municipal Code.

Financial Implications: Staff time
Contact: Farimah Brown, City Attorney, (510) 981-6950
Action: 28 speakers. M/S/C (Ishii/Humbert) to adopt the first reading of Ordinance No. 7,984–N.S. including amendments to Section 13.114.040 and 13.114.060 as noted below. Second reading scheduled for September 30, 2025.

Section 13.114.040 Reporting and Transparency
Amend Subsection Section D to read...

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.

Section 13.114.060 Enforcement; No Private Right of Action Replace Subsection Section A with:

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.” Vote: All Ayes.

Information Reports

26. Fire Hazard Severity Zone 0 Implementation Plan
From: City Manager
Contact: David Sprague, Fire, (510) 981-3473
Action: Received and filed.

27. Update on the 2019 Berkeley Fire Prevention Division City Audit From: City Manager
Contact: David Sprague, Fire, (510) 981-3473
Action: Received and filed.

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Information Reports
Tuesday, September 9, 2025 MINUTES Page 12

28. Landmark Preservation Ordinance Notice of Decision: 2328 Channing Way Way/#LMSAP2025-0004
From: City Manager
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: Received and filed.

29. Landmark Preservation Ordinance Notice of Decision: 2135 Martin Luther King Jr. Way (Civic Center Park)/#LMSAP2025-0005
From: City Manager
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: Received and filed.

30. Update on Implementation Progress of Citygate’s Workload Organizational Study of the Police Department
From: City Manager
Contact: Jennifer Louis, Police, (510) 981-5900
Action: Received and filed.

31. Fair Campaign Practices Commission FY 2025-2026 Work Plan From: Fair Campaign Practices Commission
Contact: Sam Harvey, Commission Secretary, (510) 981-6950 Action: Received and filed.

32. Open Government Commission FY 2025-2026 Work Plan
From: Open Government Commission
Contact: Sam Harvey, Commission Secretary, (510) 981-6950 Action: Received and filed.

Public Comment – Items Not Listed on the Agenda - 1 speaker.

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

Vote: All Ayes.

Adjourned at 9:40 p.m.

I hereby certify that the foregoing is a true and correct record of the City Council regular meeting held on September 9, 2025.
________________________
Mark Numainville, City Clerk

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Tuesday, September 9, 2025 MINUTES Page 13
Communications
Item #5: Accessory Dwelling Units (ADUs): Amendments to Title 23 (Zoning) to Comply with State Law and Encourage ADU Development

1. James M. Lloyd
School Buses

2. Riti Dhesi
SB79

3. Margots999
Property Concern

4. Rajendra Sahai
Civic Center Park

5. Moni T. Law

6. Martin Bourque

7. John Caner

8. Erica Wandner

9. Melanie Lawrence
Hayward Fault

10.Richard Schwartz (7)
Short Term Rental Concern

11.Ramona Cavanaugh
EMBER

12.Susan McCutchan (2)

13.Candace Hyde-Wang

14.Erik Fowle

15.Cynthia Sue Larson (2)

16.Alliance for Practical Fire Solutions
Construction Completion Bonds

17.David Lerman
Police Authority Concern

18.Amos Andrews
Property Transfer Concern

19.David Lerman

20.Andrew Browning

21.Zackary Warren Young

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Tuesday, September 9, 2025 MINUTES Page 14
Electric Bikes

22.Jim McGrath
Landlines

23.Cindy Sue Larson
Ada & California Street

24.Heath Maddox
Street Sweeping

25.Mark Chekal
RV Parking Concern

26.John Hershberger

27.Shok Saidmuradov

28.Eric Mason

29.Aaron Shores
Train Horn Quiet Zone

30.Brittany Ferrero
Elmwood Corridor Workshop

31.Peter Allen
Road Paving

32.Brendan Madden
Whale Memorial

33.Ben Grundy
Parking Enforcement Concern

34.Tatiana Wiggins
Crime in Berkeley Concern

35.Cecelia Mautner
IGLTA Global Convention

36.Jeffrey Church
Scientific Adventures for Girls

37.Amy Miller
Berkeley Co-Ops

38.Bernard Marszalek

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Tuesday, September 9, 2025 MINUTES Page 15
Half Price Books

39.Summer Brenner
Public Service Delivery

40.Tracy Eaves
AI Use

41.Raj Abhyanker
ICE Concerns

42.Andrew Doran

43.Kitt Saginor

44.Marilyn McMahon
Mutual Aid

45.Moni T. Law
Micro-mobility Services

46.David Shere
Large Vehicle Parking

47.Douglas Smith

48.Beth Roessner
Message for Berkeley

49.Glenda (2)
Flock ALPRs

50.Todd Andrew
Encampments

51.John Waters (2)

52.Erin Rosenberg

53.Jennifer Kamenetz and family

54.Miriam Walden

55.Diana Penney

56.Andrew Graham

57.Cynthia Green
9th Street & Grayson Street

58.Tracy Schrider
Supportive Housing

59.Moni T. Law

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Tuesday, September 9, 2025 MINUTES Page 16
Noise Pollution

60.Rod Richardson (4)
Advancing Parenting

61.David Dooley
Traffic Safety

62.Mdbcnm

63.Rachel Bradley
Public Safety Concern

64.Varun Paul

65.Jacques Janson
Oxford Elementary

66.Aimee Baldwin

67.Darrell Owens
Affordable Housing

68.S. Entwistle

69.Kaden Nguyen

70.Candace Hyde-Wang
Middle Housing

71.Michael Smartt

72.John J. Parman

73.Tora Spigner (2)

74.Lorenzo Washinton (2)

75.Center for Food, Faith & Justice CCFJ

76.Willie Phillips

77.Moni T. Law
Age-Friendly Action Plan

78.Barbara Anscher
California Housing supply

79.Margots999
City Video

80.Jason Ybarra

81.AKO2 Account (2)

82.Nick Katsenis
2138 Kittredge AB1633

83.Carol Bagshawe

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Tuesday, September 9, 2025 MINUTES Page 17
Proclamation Inquiry

84.Aaron Lowe
Woolsey Concern

85.Beatrice Huff
Mayor’s Summit

86.Lisa Katz
San Diego’s Solution

87.David Freeling
Berkeley Fire Safety

88.Cynthia Sue Larson
Fire & Building Safety

89.Hector91 Phuentes
Summer Break

90.Gael Alcock
Fire Evacuation Planning

91.Matthew Lewis
California Theatre

92.Charlene M. Woodcock
Tilden Botanical Garden

93.Angie
Public Comment

94.Stephen Alpert (2)
Council Decisions

95.S. Entwistle
HWCAC

96.Mary-Claire Katz on behalf of the Human Welfare and Community Action Commission
LPC Decisions

97.Tasha (2)

98.Megan Micco

99.Paul Chapman
100. David Shiver

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Tuesday, September 9, 2025 MINUTES Page 18
101. Jeff Lipton
City’s Future Plan
102. John J. Parman
Lot Division @ 1650 5th Street
103. Margot Smith
Turtle Island Monument
104. John Curl (2)
Swim Lessons
105. David Lerman
Civil Rights Concern
106. Jonnyruel Holder
Up-zoning
107. Patricia Wilson
108. Maxwell Davis
1231 Addison Street
109. Lisa Bruce
Community Health Day
110. Ashley Campos
Measure W Work Session
111. John Caner
RPP Renewal Concern
112. Barbara Gilbert (2)
113. Chris Grier
Local Affects of Federal Budget
114. Kellie Stoddart
Decorum and Civility
115. Berkeley Neighborhoods Council
Secure Bicycle Parking
116. David Lerman
Sunset Celebration
117. Jeffrey Church

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Tuesday, September 9, 2025 MINUTES Page 19
Berkeley’s Financial Future
118. John Hitchen
Air Quality
119. Evangeline Poulos
120. Justin L.

Street Safety
121. Todd Andrew (2)
Courtyard Housing
122. John J. Parman
Crosswalk Safety Concern
123. David Lerman
Evacuation Map
124. Margot Smith
Housing Concerns
125. Baiyu Chen Be (2)
126. Vincent Chen
127. Jodi Schiller
128. Hector91 Phuentes (4)
129. Alex S. Merenkov (5)
130. Alesia Williams (3)
131. Margaret Mele
132. Gill Manreet
The Grubb Co.
133. DJ Grubb
Heads Up
134. Boona Cheema
Forwards
135. Eid’s TV and Electronics
136. Cheryl Davila
E-Scooters
137. Robert Borghese (12)
138. Robert Byler
139. Sandra Sanchez (3)
Middle East Conflict
140. Ayla Azim

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Tuesday, September 9, 2025 MINUTES Page 20
141. Nicoletta Karam (3)
142. Crustyrusty (3)
143. Caterina Newman
144. Russbumper
145. Matt O’Brien
URL’s
146. Russbumper (12)
147. Crustyrusty
148. Nicoletta Karam
149. Andrea Pritchett
150. Inetjalopy
Supplemental Communications and Reports 1
 None
Supplemental Communications and Reports 2
Urgent Item: Letter of Support – SB-326, AB-1143, AB-888 151. Submitted by Councilmember Brent Blackaby
Item #24: Contract: Flock Safety for Condor Fixed Surveillance Cameras 152. Adrianne Aron
153. Margot Smith
154. Office of the Director of Police Accountability on behalf of the Police Accountability Board
155. Janice Schroeder
156. Jan Murota
157. Andrea Prichett
158. Genie Stowers and Wendy Alfsen
159. David and Susan Lilly
160. Gael Alcock
161. Leonard Pitt
162. David Lerman
163. Jael
164. Nicky Gonzalez Yuen
165. Rebecca Gerny on behalf of Berkeley Immigration Collaborative 166. 7 Similarly worded form letters “Thank you for listening…” 167. 68 Similarly worded form letters “…I strongly urge you to vote against…” Item #24: Contract: Flock Safety for Condor Fixed Surveillance Cameras Item #25: Proposed Sanctuary City Ordinance – Council Referral; Adding Berkeley Municipal Code Chapter 13.114
168. Jean Waddell
169. Tracy Rosenberg

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Tuesday, September 9, 2025 MINUTES Page 21
Item #25: Proposed Sanctuary City Ordinance – Council Referral; Adding Berkeley Municipal Code Chapter 13.114
170. Sally Nelson
171. Janice Schroeder
Supplemental Communications and Reports 3
Urgent Item: Send a Letter to Governor Gavin Newsom in Support of a Stopgap Loan for Bay Area Transit Agencies
172. Submitted by Councilmember Lunaparra, Mayor Ishii, and Councilmember Humbert
Consent Calendar
Item #5: Accessory Dwelling Units (ADUs): Amendments to Title 23 (Zoning) to Comply with State Law and Encourage ADU Development
173. James M. Lloyd on behalf of the California Housing Defense Fund Action Calendar
Item #24: Contract: Flock Safety for Condor Fixed Surveillance Cameras 174. Juli Dickey
175. Katherine Welsh
176. Tim Kingston
177. Daniel Jurnove
178. Fran Haselsteiner
179. Rlange87
180. Karen Skinner
181. Will Holtz
182. Paula Aiello
183. Sheryl Snyder
184. Luma Cortez on behalf of Denny Abrams and Fourth Street 185. Robert Stein
186. JT McGrath
187. Adrianne Aron
188. Marc Steyer
189. David Masenten
190. Bill Falik
191. Simone Arpaio
192. Carl Resnikoff
193. Jill Travis
194. Chrissy Hoffman
195. Jeffrey Church
196. Cameron Woo
197. Lisa Lees
198. SafeBears, Inc., Steve Ravellette, Victoria Cole, and Melissa Kerpel 199. Denise Hingle

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Tuesday, September 9, 2025 MINUTES Page 22
200. David Lerman
201. Inette Dishler
202. John Waters
203. Christine Staples
204. Diana Bohn
205. Fred Smagorinsky & Holly English
206. Unknown
207. 23 Similarly worded form letters “I urge you to vote against…” Item #25: Proposed Sanctuary City Ordinance – Council Referral; Adding Berkeley Municipal Code Chapter 13.114
208. Presentation submitted by the City Attorney’s Office 209. Berkeley Friends Meeting

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Monday, September 15, 2025 MINUTES Page 1

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

S P E C I A L M E E T I N G M I N U T E S
MONDAY, SEPTEMBER 15, 2025
4:30 P.M.
2180 MILVIA STREET, BERKELEY, CA 94704 – REDWOOD ROOM
TELECONFERENCE LOCATION – 1619 EDITH STREET, BERKELEY, CA 94703

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 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: 161 904 8189. To provide public comment, Press *9 and wait to be recognized by the Chair. To submit a written communication for the public record, email [email protected].

This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953. Any member of the public may attend this meeting, however, if you are feeling sick, please do not attend the meeting in person.

The City Council may take action related to any subject listed on the Agenda.

Government Code Section 84308 (Levine Act) - Parties to a proceeding involving a license, permit, or other entitlement for use are required to disclose if they made contributions over $500 within the prior 12 months to any City employee or officer. Parties and participants with a financial interest are prohibited from making more than $500 in contributions to a decisionmaker for the 12 months after the final decision is rendered on the proceeding.

Attachment 3

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Monday, September 15, 2025 MINUTES Page 2
Preliminary Matters
Roll Call: 4:33 p.m.

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

Absent: Bartlett, O’Keefe
Councilmember O’Keefe present at 4:42 p.m.

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

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

1. CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION PURSUANT TO GOVERNMENT CODE SECTIONS 54956.9(a) and 54956.9(d)(1):
a. RealPage, Inc. v. City of Berkeley, et al., Case No. 3:25-CV-03004-JSC (N.D. Cal.) Action: No reportable action taken.
b. Almashat v. City of Berkeley, et al., Alameda County Superior Court Case No. 24CV072899
Action: No reportable action taken.
c. Guzman v. City of Berkeley, Alameda County Superior Court Case No. 24CV083431 Action: No reportable action taken.
d. Riley v. City of Berkeley, Alameda County Superior Court Case No. 23CV048965 Action: No reportable action taken.

2. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION - Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9 a. King County et al. v. Turner et al., 2:25-cv-00814-BJR (W.D. Wash.) Action M/S/C (Tregub/Humbert) to authorize the City Attorney to formally join the lawsuit as a plaintiff.

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

3. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(2)
a. Significant exposure to litigation pursuant to Section 54956.9(d)(2) arising from issuance of subpoena by Office of the Director of Police Accountability Action: No reportable action taken.

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Monday, September 15, 2025 MINUTES Page 3
OPEN SESSION:

Public Reports of actions taken pursuant to Government Code section 54957.1.

The City Council directed the City Attorney to join King County et al. v. Turner et al. Once formally joined as a plaintiff, 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.

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

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

Adjourned at 6:40 p.m.

I hereby certify that the foregoing is a true and correct record of the closed session meeting held on September 15, 2025.
_______________________
Mark Numainville, City Clerk

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Tuesday, September 16, 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
In accordance with the authority in me vested, I do hereby call the Berkeley City Council in special session as follows:

Tuesday, September 16, 2025
4:00 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: 160 732 4158 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.

Government Code Section 84308 (Levine Act) - Parties to a proceeding involving a license, permit, or other entitlement for use are required to disclose if they made contributions over $500 within the prior 12 months to any City employee or officer. Parties and participants with a financial interest are prohibited from making more than $500 in contributions to a decisionmaker for the 12 months after the final decision is rendered on the proceeding.

Attachment 4

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Tuesday, September 16, 2025 MINUTES Page 2
Preliminary Matters
Roll Call: 4:06 p.m.

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

Absent: Taplin, Bartlett
Councilmember Bartlett present at 4:08 p.m.

Councilmember Taplin present at 4:21 p.m.

Action Calendar – Old Business
1a. Presentation: Comprehensive Summary of Berkeley’s Homeless Response (Continued from July 29, 2025)
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 made and discussion held.
1b. Homeless Response Team: Opportunities Exist to Strengthen Procedures and Better Track Outcomes (Continued from July 29, 2025)
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: Presentation made and discussion held. M/S/C (Lunaparra/Taplin) to approve the recommendation with the amendment noted by the City Manager regarding the changing the reporting schedule from quarterly to semi-annually.

Vote: All Ayes.

Public Comment on Items 1a and 1b: 18 speakers.

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

Vote: All Ayes.

Adjourned at 6:17 p.m.

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Tuesday, September 16, 2025 MINUTES Page 3
I hereby certify that the foregoing is a true and correct record of the City Council special meeting held on September 16, 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
Item #1a: Presentation: Comprehensive Summary of Berkeley’s Homeless Response (Continued from July 29, 2025)

1. Presentation submitted by the City Manager’s Office
Item #1b: Homeless Response Team: Opportunities Exist to Strengthen Procedures and Better Track Outcomes (Continued from July 29, 2025)

2. Fran Haselsteiner (2)

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Tuesday, September 16, 2025 MINUTES Page 1

MINUTES

BERKELEY CITY COUNCIL MEETING
Tuesday, September 16, 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: 160 732 4158 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.

Government Code Section 84308 (Levine Act) - Parties to a proceeding involving a license, permit, or other entitlement for use are required to disclose if they made contributions over $500 within the prior 12 months to any City employee or officer. Parties and participants with a financial interest are prohibited from making more than $500 in contributions to a decisionmaker for the 12 months after the final decision is rendered on the proceeding.

Attachment 5

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Tuesday, September 16, 2025 MINUTES Page 2
Preliminary Matters
Roll Call: 6:42 p.m.

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

Absent: Kesarwani
Councilmember Kesarwani present at 6:44 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.

Report from Closed Session:

The City Council directed the City Attorney to join King County et al. v. Turner et al.

Once formally joined as a plaintiff, 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.

Ceremonial Matters: In addition to those items listed on the agenda, the Mayor may add additional ceremonial matters.

1. Anthony “Tony” Mejia, Small Business Owner and Community Activist

2. Recognition of Steve Moros, Bancroft Community Garden Organizer and Community Activist

3. Adjourn in memory of Malcolm Margolin, Writer, Publisher, and Activist

4. Adjourn in memory of Ann Fagan Ginger, Attorney and Civil Rights Activist City Manager Comments: None
Public Comment on Non-Agenda Matters: 10 speakers.

Action: M/S/C (Blackaby/Tregub) to accept an urgency item from Councilmember Blackaby pursuant to Government Code Section 54954.2(b)(2) entitled Letter of Support to Governor– SB-326, AB-1143, AB-888.

Vote: All Ayes.

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Consent Calendar
Tuesday, September 16, 2025 MINUTES Page 3
Public Comment on Consent Calendar and Information Items Only: 2 speakers.

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

Vote: All Ayes.

Urgent Item: Letter of Support to Governor– SB-326, AB-1143, AB-888 From: Councilmember Blackaby (Author)
Recommendation: Send a letter to Governor Newsom in support of SB-326 (Becker), AB-1143 (Bennett) and AB-888 (Calderon), with a cc to the authors, Assemblymember Wicks and Senator Arreguin.

Financial Implications: None
Contact: Brent Blackaby, Councilmember, District 6, (510) 981-7160 Action: Approved recommendation.

1. Contract: Sorell Raino-Tsui for Public Artwork Commission for Martin Luther King Jr. Youth Services Center/Young Adult Project Clubhouse (MLK/YAP) From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any necessary amendments with Sorell Raino-Tsui for an amount not to exceed $442,000 for a public art commission of an 885 square foot mosaic on the exterior East wall, exterior North wall, and interior North wall of the Martin Luther King Jr. Youth Services Center/Young Adult Project Clubhouse located at 1730 Oregon St.

Financial Implications: See report
Contact: Eleanor Hollander, Economic Development, (510) 981-7530 Action: Adopted Resolution No. 71,953–N.S.

2. Contract No. 32000060 Amendment: Toshiba Business Solutions Inc for Citywide Multi-function Devices
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 32000060 with Toshiba Business Solutions to extend the term through September 15, 2029, and to approve an additional $2,000,000 for appropriations related for performance of this contract. This brings the total NTE amount of this contract to $3,750,000 over a ten-year term.

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Adopted Resolution No. 71,954–N.S.

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Consent Calendar
Tuesday, September 16, 2025 MINUTES Page 4

3. Purchase Order: Blaisdell’s Business Products for Office Supplies, Printing Paper, Small Equipment and Office Furniture
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to increase the Blanket Purchase Order with Blaisdell’s Business Products for the purchase of miscellaneous office supplies, printing paper, small equipment and office furniture.

The City is currently piggybacking off Omnia Partners Region 4 ESC Contract No.

R190301. The contract term will commence on June 1, 2025, through May 31, 2026, with the option of one (1) single-year renewal for a total not to exceed amount of $1,100,000 over a two-year term, subject to the City’s annual budget appropriation.

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Adopted Resolution No. 71,955–N.S.

4. Contract No. 32000164 Amendment: CGB Enterprise, LLC (purchased from Synthesis Group, Inc.) dba Minuteman Press Contract for Citywide Copying & Printing Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No: 32000164 with Minuteman Press, to provide copying and printing services to the City, increasing the amount by $400,000 for an amended total amount not to exceed $1,375,000 and extending the term until June 30, 2027.

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Adopted Resolution No. 71,956–N.S.

5. Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on September 16, 2025
From: City Manager
Recommendation: Approve the request for proposals or invitation for bids (attached to staff report) that will be, or are planned to be, issued upon final approval by the requesting department or division. All contracts over the City Manager’s threshold will be returned to Council for final approval.

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

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Consent Calendar
Tuesday, September 16, 2025 MINUTES Page 5

6. Contract: Swifthawk Consulting, LLC for Professional Services From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Swifthawk Consulting, LLC for surge staffing services for the Berkeley Fire Department (Department), in an amount not to exceed $300,000 per year for the period October 1, 2025, through September 30, 2028, with an option to extend for two (2) additional one-year terms, not to exceed $300,000 per year.

Financial Implications: See report
Contact: David Sprague, Fire, (510) 981-3473
Action: Adopted Resolution No. 71,957–N.S.

7. Updated Findings of Facts Associated with Berkeley Fire Code From: City Manager
Recommendation: Adopt a Resolution revised with updated Findings of Facts associated with the Council’s June 17, 2025, adoption of the Fire Code, and rescind Resolution No. 71,710-N.S.

Financial Implications: See report
Contact: David Sprague, Fire, (510) 981-3473
Action: Adopted Resolution No. 71,958–N.S.

8. Contract No. 32300108 Amendment: Street Level Advisors, LLC for Housing Consulting Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager, or designee, to execute a fourth amendment to Contract No. 32300108 with Street Level Advisors, LLC increasing the contract by $36,450 for consulting services in a total amount not to exceed $415,950, with a contract end date of December 31, 2026.

Financial Implications: See report
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 71,959–N.S.

9. Purchase Orders: CDW-G for using Omnia Partners Cooperative Purchasing Agreement for Adobe Acrobat Pro Software
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to issue purchase orders with CDW Government LLC (“CDW-G”) for Adobe Acrobat Pro (“Adobe”) software, licensing and support, utilizing pricing established by Omnia Partners (“Omnia”) for a total not to exceed amount of $281,400 from July 1, 2025 to June 30, 2027.

Financial Implications: See report
Contact: Kevin Fong, Information Technology, (510) 981-6500 Action: Adopted Resolution No. 71,960–N.S.

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Consent Calendar
Tuesday, September 16, 2025 MINUTES Page 6

10. Updates to the Measure T1 Project List
From: City Manager
Recommendation: Adopt a Resolution authorizing the updated list of current Measure T1 projects as outlined in the report.

Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 71,961–N.S.

Council Consent Items

11. The Parent Writing Circles Initiative- Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds
From: Councilmember Bartlett (Author)
Recommendation: Adopt a Resolution approving the expenditure of funds, including $500 from the discretionary Council Office Budget of Councilmember Ben Bartlett, to The Parent Writing Circles Initiative. The funds will be relinquished to the City’s General Fund from the Discretionary Council Office Budget of Councilmember Ben Bartlett and the Discretionary Council Office Budgets of any other Councilmembers who would like to contribute.

Financial Implications: See report
Contact: Ben Bartlett, Councilmember, District 3, (510) 981-7130 Action: Councilmember Taplin added as a co-sponsor. Adopted Resolution No. 71,962–N.S. amended to include contributions from the following Councilmembers up to the amounts listed: Councilmember Taplin - $500; Councilmember Lunaparra - $200; Councilmember Blackaby - $250; Councilmember Tregub - $150; Councilmember Humbert - $200; Councilmember Kesarwani - $100; Councilmember O’Keefe - $250; Mayor Ishii - $250.

12. Zoning Ordinance Modification for Telegraph Avenue Commercial District From: Councilmember Lunaparra (Author), Councilmember Humbert (Co- Sponsor)
Recommendation: Refer to the City Manager and Planning Commission to amend BMC Chapter 23.204.020 to allow for Alcoholic Beverage Retail Sales in the Telegraph Avenue Commercial District.

Financial Implications: See report
Contact: Cecilia Lunaparra, Councilmember, District 7, (510) 981-7170 Action: Mayor Ishii and Councilmember Tregub added as co-sponsors. Approved recommendation.

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Tuesday, September 16, 2025 MINUTES Page 7
Public Comment – Items Not Listed on the Agenda - 5 speakers.

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

Vote: All Ayes.

Adjourned at 7:55 p.m.

I hereby certify that the foregoing is a true and correct record of the City Council regular meeting held on September 16, 2025.
________________________
Mark Numainville, City Clerk
Communications
Global Warming & Homelessness Solution

1. Mike Vandeman
Berkeley Marina

2. Paul Roberts
Freedom of Speech

3. Lori Pottinger
Noise Detectors

4. Rod Richardson
Rent Board

5. Lance Montauk
Muwekma Ohlone Resolution Inquiry

6. Aaron Lobo

7. Imraan Mohammed (2)

8. Etienne Yang
Housing & Homelessness

9. Summer Brenner
Upzoning

10.Susan Nunes Fadley
President

11.Mona VScott

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Tuesday, September 16, 2025 MINUTES Page 8
Prop 50

12.Robbie Steinhart

13.Debbie LeVeen
1598 University Construction Project

14.Alice Chuang
Corridor Meetings

15.Nori Hudson

16.Joaquin R Carbonell IV
Frances Albrier Community Center

17.Mira Stein

18.Kelly Zito
Vegetation Management Work Group

19.Gina Rieger

20.Abhijit Bhat

21.Colin Arnold
Large Vehicle Parking

22.Steven Donaldson
Berkeley’s Future

23.Margot Smith
Center Street Concerns

24.Lori Pottinger
Bike Plan Feedback

25.Carol Denney
Tree Trimming Concern

26.Kelly Zito
Gray Panthers Speaker

27.Betsy Morris on behalf of the Gray Panthers Berkeley East Bay E-Scooters

28.Robert Borghese Byler (9)
Middle East Conflict

29.Crystyrusty

30.Russbumper
Forwards

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Tuesday, September 16, 2025 MINUTES Page 9

31.Russbumper
URL’s

32.Russbumper (2)

33.Candace Hyde-Wang
Supplemental Communications and Reports 1
 None
Supplemental Communications and Reports 2
Urgent Item: Letter of Support to Governor– SB-326, AB-1143, AB-888

34.Submitted by Councilmember Brent Blackaby
Item #12: Zoning Ordinance Modification for Telegraph Avenue Commercial District

35.Alex Knox on behalf of Telegraph Business Improvement District

36.Beth Roessner
Supplemental Communications and Reports 3
 None

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Monday, September 29, 2025 MINUTES Page 1

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

S P E C I A L M E E T I N G M I N U T E S
MONDAY, SEPTEMBER 29, 2025
4:30 P.M.
2180 MILVIA STREET, BERKELEY, CA 94704 – REDWOOD ROOM
TELECONFERENCE LOCATION – 1619 EDITH STREET, BERKELEY, CA 94703

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 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: 160 416 6526. To provide public comment, Press *9 and wait to be recognized by the Chair. To submit a written communication for the public record, email [email protected].

This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953. Any member of the public may attend this meeting, however, if you are feeling sick, please do not attend the meeting in person.

The City Council may take action related to any subject listed on the Agenda.

Government Code Section 84308 (Levine Act) - Parties to a proceeding involving a license, permit, or other entitlement for use are required to disclose if they made contributions over $500 within the prior 12 months to any City employee or officer. Parties and participants with a financial interest are prohibited from making more than $500 in contributions to a decisionmaker for the 12 months after the final decision is rendered on the proceeding.

Attachment 6

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Monday, September 29, 2025 MINUTES Page 2
Preliminary Matters
Roll Call: 4:32 p.m.

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

Absent: Kesarwani, Bartlett, Tregub
Councilmember Tregub present at 4:33 p.m.

Councilmember Kesarwani present at 4:38 p.m.

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

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

1. CONFERENCE WITH LABOR NEGOTIATORS; GOVERNMENT CODE SECTION 54957.6 Negotiators: Paul Buddenhagen, City Manager, David White, Deputy City Manager, Maricar Dupaya, 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.

2. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9 a. Potential litigation challenging federal funding conditions.

Action: M/S/C (Lunaparra\Blackaby) to direct the City Attorney to initiate an action.

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

OPEN SESSION:

Public Reports of actions taken pursuant to Government Code section 54957.1.

The City Council directed the City Attorney to 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.

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Monday, September 29, 2025 MINUTES Page 3
Adjournment
Action: M/S/C (Tregub/Ishii) to adjourn the meeting.

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

Adjourned at 5:26 p.m.

I hereby certify that the foregoing is a true and correct record of the closed session meeting held on September 29, 2025
_________________________
Mark Numainville, City Clerk

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Tuesday, September 30, 2025 MINUTES Page 1

M I N U T E S

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

B E R K E L E Y C I T Y C O U N C I L
Tuesday, September 30, 2025
4:00 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.

Government Code Section 84308 (Levine Act) - Parties to a proceeding involving a license, permit, or other entitlement for use are required to disclose if they made contributions over $500 within the prior 12 months to any City employee or officer. Parties and participants with a financial interest are prohibited from making more than $500 in contributions to a decisionmaker for the 12 months after the final decision is rendered on the proceeding.

Attachment 7

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Tuesday, September 30, 2025 MINUTES Page 2
Preliminary Matters
Roll Call: 4:06 p.m.

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

Absent: Bartlett, O’Keefe
Councilmember O’Keefe present at 4:08 p.m.

Councilmember Bartlett present at 4:21 p.m.

Worksession

1. Social Housing Study and Recommendations
From: City Manager
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5400 Action: 7 speakers. Presentation made and discussion held.

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

Vote: All Ayes.

Adjourned at 5:34 p.m.

I hereby certify that the foregoing is a true and correct record of the special meeting held on September 29, 2025
_________________________
Rose Thomsen, Deputy City Clerk
Communications
 None
Supplemental Communications and Reports 1
 None
Supplemental Communications and Reports 2
 None
Supplemental Communications and Reports 3
Item #1: Social Housing Study and Recommendations

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Tuesday, September 30, 2025 MINUTES Page 3

1. Presentation submitted by the Health, Housing, and Community Services Department

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Tuesday, September 30, 2025 MINUTES Page 1

MINUTES

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.

Government Code Section 84308 (Levine Act) - Parties to a proceeding involving a license, permit, or other entitlement for use are required to disclose if they made contributions over $500 within the prior 12 months to any City employee or officer. Parties and participants with a financial interest are prohibited from making more than $500 in contributions to a decisionmaker for the 12 months after the final decision is rendered on the proceeding.

Attachment 8

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Tuesday, September 30, 2025 MINUTES 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 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. Recognizing the 33 rd 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.

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Consent Calendar
Tuesday, September 30, 2025 MINUTES 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.

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Consent Calendar
Tuesday, September 30, 2025 MINUTES 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.

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Consent Calendar
Tuesday, September 30, 2025 MINUTES 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.

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Council Consent Items
Tuesday, September 30, 2025 MINUTES 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.

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Council Consent Items
Tuesday, September 30, 2025 MINUTES 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.

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Council Consent Items
Tuesday, September 30, 2025 MINUTES 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.

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Action Calendar – New Business
Tuesday, September 30, 2025 MINUTES 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.

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Information Reports
Tuesday, September 30, 2025 MINUTES 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.

I hereby certify that the foregoing is a true and correct record of the regular meeting held on September 29, 2025
_________________________
Rose Thomsen, Deputy City Clerk
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

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Tuesday, September 30, 2025 MINUTES Page 11
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
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

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Tuesday, September 30, 2025 MINUTES Page 12
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
Renovation Scheduling

41.Alexander Merenkov (4)
Forwards

42.Russbumper
Middle East Conflict

43.Jack Kurzweil

44.Russbumper

45.Nicoletta Karam (2)

46.Liz Bernstein

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Tuesday, September 30, 2025 MINUTES Page 13
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 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

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

CONSENT CALENDAR
October 28, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: David White, Deputy City Manager
Subject: Affirm Staff Preference for the Virginia Street Bikeway (between Sacramento Street and Acton Street next to the North Berkeley BART Station)

RECOMMENDATION
Adopt a resolution implementing Option A for the approximately 200-foot segment of Virginia Street east of Acton Street next to the North Berkeley BART Station and directing the City Manager to work with BART to proceed with the Virginia Street Bikeway.

SUMMARY
In June 2025, BART’s progress developing the North Berkeley Transit Oriented Development (Project) site prompted the City, BART and Project developer (North Berkeley Housing Partners, NBHP) to review three design alternatives for Virginia Street east of Acton Street. City staff seek direction from the Council on its preferred design alternative for this street segment – Option A, B or C:
 Option A keeps the existing curb to curb right of way, leaves the existing 10-foot sidewalk in place, removes approximately 110 linear feet of unmarked on-street parking along the north side of Virginia Street (enough to accommodate 4 to 7 vehicles), and provides a buffered 12-foot cycle-track and two vehicular travel lanes.  Option B moves approximately 150 feet of curb line on the south side of Virginia, narrowing the sidewalk to a width of 8.5-feet to create additional curb to curb width in the public right of way to retain the parking, travel lanes, and a minimum sized 9-foot buffered cycle-track.
 Option C widens the approximately 200 feet of Virginia Street allowing existing parking, travel lanes, a 12-foot cycle track, and 10-foot-wide sidewalk to be maintained all the way to Acton Street. This is accomplished by removing up to 4.5 feet of landscaping on the BART frontage and shifting the sidewalk south. Removal of the landscaping could reduce permeable surface area possibly triggering additional biofiltration areas which have been identified around the corner on Acton Street. During detailed design, permeable pavement options can be explored that could avoid this impact, mitigation, and cost.

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Affirm Council preference for the CONSENT CALENDAR
Virginia Street Bikeway (between Sacramento Street and Acton Street October 28, 2025 next to the North Berkeley BART Station)

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BART and NBHP have identified a retaining wall adjacent to the landscape strip along Virginia Street and note that per BART Facility Standards, this retaining wall must be reconstructed if the landscape strip is reduced, as in Option C. Based on initial cost estimates, the wall requirements, sidewalk rebuild, lot line adjustments and revisions to stormwater treatment plans would add approximately $1,000,000 to the project’s cost.

As shown in the evaluation matrix below, Options A or B are funded, meaning that these options fit within the $3.36 million budget that NBHP has obtained. Additional costs for Option C are unfunded and a funding source has not been identified.

FISCAL IMPACTS OF RECOMMENDATION
The City is engaged in discussions with BART and the Project’s Transit Oriented Development (TOD) partners about the costs and other considerations of three alternatives for a Virginia Street bikeway. The street segment in question is an approximately 200-foot length of Virginia Street where the roadway is constrained. The TOD developer was awarded $3.36M from public funding programs for the streetscape and bikeway improvements on Virginia Street between Sacramento and Acton streets, which is approximately 600 feet long. The Virginia Street right-of-way (ROW) narrows for approximately 200 feet at the west end of Virginia Street closest to Acton Street, where the sidewalk jogs north around the BART electrical traction power substation (TPSS). Providing parking, travel lanes, and bike and pedestrian facilities requires trade-offs, so Public Works and BART evaluated various options.

The available budget for improvements to the public ROW in the North Berkeley BART Station TOD project will fully cover the costs of Options A or B. Option C requires additional resources due to the additional width of roadway paving and sidewalk construction, and removal of up to 4.5 feet of landscaping on BART property. The removal of landscaping buffer would trigger construction of a 10-foot wall or fence to address BART Facility Standards security requirements for the TPSS, and the reduced permeable surface area may also require the installation of additional biofiltration areas.

BART and the Developer estimate the additional costs associated with Option C are about $1,000,000. BART and the Developer have indicated that they cannot make adjustments to the project budget to accommodate Option C and do not have the resources to cover the additional expenses. Therefore, if Option C is selected, BART, the Developer, and the City would have to evaluate funding options.

CURRENT SITUATION AND ITS EFFECTS
Virginia Streetscape between Sacramento and Acton – Design Alternatives:

The North Berkeley BART Station is located between Sacramento, Delaware, Acton, and Virginia Streets. Virginia Street is a designated Bike Boulevard in the City’s Bike Plan. In the TOD’s entitled design, the Ohlone Greenway connects to the project site at the corner of Acton and Virginia, continues approximately 200 feet along Virginia Street, then enters the TOD site to run diagonally across the site, exiting at the corner of Sacramento and Delaware to connect with the rest of the Ohlone Greenway.

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Affirm Council preference for the CONSENT CALENDAR
Virginia Street Bikeway (between Sacramento Street and Acton Street October 28, 2025 next to the North Berkeley BART Station)

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This Ohlone Greenway Connector was a key community benefit that the City and BART asked interested developers to address in their RFQ responses.

Virginia Street is not a consistent width between Sacramento and Acton Streets. On the east end close to Sacramento Street, Virginia is wide and accommodates four traffic lanes and a street parking lane serving the neighborhood on the north side of Virginia Street. The west end of Virginia Street approaching Acton Street narrows due to the BART TPSS reducing the available curb to curb width. In this narrower section the ROW is 48 feet wide. Within this available 48-foot width, the City and BART assessed the potential to locate one lane of street parking, two vehicular travel lanes, a sidewalk and cycle track to extend and connect the Ohlone Greenway.

BART and City staff initially identified only two options to provide for the Ohlone Greenway and bike boulevard along this section of Virginia. The North Berkeley BART TOD Station Access Plan prepared by BART, with feedback from City stakeholders, identified a design option for the Virginia Street pinch point with a 12-foot wide two-way cycle track and 2-foot wide buffer. This design maintains the existing 10-foot sidewalk width and removes parking on the north side of the street in the pinch point, which is referred to as Option A. The City requested another option to preserve existing neighborhood parking by narrowing the sidewalk to 8.5 feet and reducing the 2-way bikeway to 9 feet with a 2-foot buffer. This design is referred to as Option B.

Option A
Option A keeps the existing curb to curb right of way, leaves the existing 10-foot sidewalk in place, removes approximately 110 linear feet of unmarked on-street parking along the north side of Virginia Street (enough to accommodate 4 to 7 vehicles) and provides a buffered 12-foot cycle-track and two vehicular travel lanes.

Option B
Option B moves approximately 150 feet of curbline on the south side of Virginia, narrowing the sidewalk to 8.5 feet wide to create additional curb to curb width in the public right of way to retain the parking, travel lanes, and a minimum sized 9-foot buffered cycle-track.

Options A and B were presented to the Transportation & Infrastructure Commission (TIC) in June 2024 as the available options, and the TIC endorsed Option A.

Option C
At the June 2024 TIC meeting, a resident who lives on this constrained section of Virginia Street asked during public comment, whether BART or the City had considered repurposing a section of neglected landscaping on BART property to achieve the designed pedestrian and bike widths without removing parking. This proposal was further vetted by BART and City staff and is referenced as Option C.

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Affirm Council preference for the CONSENT CALENDAR
Virginia Street Bikeway (between Sacramento Street and Acton Street October 28, 2025 next to the North Berkeley BART Station)

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Option C widens the approximately 200 feet of Virginia Street at the pinch point so that parking, travel lanes, a 12-foot cycle track, and 10-foot-wide sidewalk are maintained.

This would be accomplished up to Acton Street through the removal of up to 4.5 feet of landscaping on the BART frontage and shifting the sidewalk south. Removal of the landscaping could reduce permeable surface area, which may require the installation of additional biofiltration areas. A potential location for the installation of this biofiltration infrastructure has been identified on Acton Street. During detailed design, permeable pavement options can be explored that could avoid this impact, mitigation, and cost.

BART and NBHP have identified a retaining wall adjacent to the landscape strip along Virginia and note that per BART Facility Standards, this retaining wall must be reconstructed if the landscape strip is reduced. Based on initial cost estimates, the wall requirements, sidewalk rebuild, lot line adjustments, and revisions to stormwater treatment plans would add approximately $1,000,000 to the Project’s cost. Of the total additional costs, the costs attributed to the wall account for the vast majority of the additional costs. A funding source for these additional costs has yet to be identified. As shown in the evaluation below, Options A or B are funded, meaning that these options fit within the $3.36 million budget that NBHP has obtained.

Virginia Streetscape between Sacramento and Acton – Alternatives Evaluation and Recommendations
Public Works evaluated the alternatives based on cost, engineering feasibility, parking impacts, and stormwater impacts. All proposed options meet Fire Department minimum clear width and minimum traffic engineering and street design standards.

The following detailed matrix provides a summary as well as pros and cons for each alternative.

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Affirm Council preference for the CONSENT CALENDAR
Virginia Street Bikeway (between Sacramento Street and Acton Street October 28, 2025 next to the North Berkeley BART Station)

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Options Evaluations Matrix
Detailed
Matrix Option A Option B Option C
12-foot Bikeway,
Full 10-foot
sidewalk –
Removal of 4-7
Parking Spaces
Narrower bikeway
(9 feet) and
sidewalk (8.5
feet), and retains
parking
12-foot Bikeway, Full
10-foot sidewalk, and
parking – BART
Traction Power Sub
Station Wall
Upgrades
Summary
12-foot continuous
bikeway along
Virginia
Readily
implementable by
developer with
financing 100%
committed
leveraging State
funding sources
Removes 4-7
parking spaces
Recommended by
TIC (June 2024)
9-foot bikeway
segment along
Virginia
Readily
implementable by
developer with
financing 100%
committed
leveraging State
funding sources
Removes 0
parking spaces
Not recommended
by TIC (June 2024)
12-foot continuous
bikeway along Virginia
Requires redesign and
upgrades to BART
substation perimeter
wall and stormwater
system that results in
an estimated $1M
funding gap / unclear
implementation
timeline
Removes 0 parking
spaces
Not reviewed by TIC
Advantages
Bike infrastructure
which meets
national/local
standards that
connects to the
regionally-
significant Ohlone
Greenway
Retains full 10-foot
Sidewalk
Provides for all
transportation
options meeting
minimum
standards
Retains 4–7
parking spaces
Bike infrastructure
meets national/local
standards that
connects to the
regionally significant
Ohlone Greenway
Retains 4–7 parking
spaces

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Affirm Council preference for the CONSENT CALENDAR
Virginia Street Bikeway (between Sacramento Street and Acton Street October 28, 2025 next to the North Berkeley BART Station)

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Committed
financing from the
TOD project
TOD project can
deliver in phase 1
of construction
Committed
financing from the
TOD project
TOD project can
deliver in phase 1
of construction
Provides for retaining
full 10-foot sidewalk
Disadvantages
Removes 4-7
parking spaces in
public ROW
Some community
opposition was
documented by
some of the
adjacent residents
concerned about
street parking loss
Provides narrower
bike and
pedestrian
infrastructure at
BART (regional
transit hub) and
Ohlone Greenway
significant bike/ped
corridor
Estimated up to $1M
that would need to be
funded; funding source
has not been identified
Potential additional
stormwater treatment
area needs
Longer implementation
timeline (design +
BART reviews /
approvals + possible
community outreach)
Requires changes to
the TOD’s Tentative
Map, adding
unforeseen costs to
the TOD
These three alternatives all meet staff’s recommended minimum standards and provide the range of alternatives for council consideration in terms of transportation improvement flexibility and cost. Option A provides wide bikeway and sidewalk but eliminates some parking. Option B presents the flexibility to shift the southern curbline, preserve on-street parking, and provides needed bike and pedestrian facilities at no cost to the City. Option C maximizes the width available to provide for all public transportation improvements, but would require additional investment.

The provision of a cycle-track that retains the full 10-foot wide sidewalk supports the high expected rates of walking and biking, which are two of the primary modes used to access the North Berkeley BART Station. The cycle-track and sidewalk also support the high volume of users along the Ohlone Greenway and Virginia Street bike boulevard.

Providing bike and pedestrian facilities sized to meet cycling and walking demands is an issue for the Council to consider in this action.

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Affirm Council preference for the CONSENT CALENDAR
Virginia Street Bikeway (between Sacramento Street and Acton Street October 28, 2025 next to the North Berkeley BART Station)

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The Virginia Street Bikeway is a Strategic Plan Priority Project, advancing our goal to provide state-of-the-art, well-maintained infrastructure, amenities, and facilities; create a resilient, safe, connected, and prepared city; and, be a global leader in addressing climate change, advancing environmental justice, and protecting the environment.

BACKGROUND
North Berkeley BART Station Redevelopment History:

In March 2020 the City and BART entered into a Memorandum of Understanding (MOU) to establish a framework for the development of the Ashby and North Berkeley BART Stations including establishing a community advisory group (CAG) process. The Council followed up this commitment by reserving $53 million of City affordable housing funding for the affordable units at both BART sites on April 27, 2021, unanimously adopted Resolution 69,833- N.S.

The City and BART executed a Memorandum of Agreement (MOA) effective June 30, 2022, to cooperatively pursue BART’s Transit Oriented Developments (TODs) at the North Berkeley and Ashby BART Stations. In accordance with the MOA, BART issued an RFQ for developer partners and BART’s Board selected North Berkeley Housing Partners (NBHP) for the North Berkeley BART site in December 2022, subsequently entering an Exclusive Negotiating Agreement (ENA) with NBHP in June 2023.

BART, NBHP, and the City have met and reviewed plans for the redevelopment of the North Berkeley BART site over the ensuing period of time and on December 11, 2024, the City’s Department of Planning & Development approved the Master Plan’s entitlements and issued a Letter of Compliance with Assembly Bill 2011 for all of the private redevelopment, phasing, and public improvements including provision of bike and pedestrian facilities in the streets adjacent to NBB, including Virginia Street. The City’s letter included conditions of approval providing for design review of Street Improvements, damage to the public right of way during construction, and acceptance of street improvements prior to issuance of building occupancy.

On June 5, 2025, BART notified the City that it was following the ENA to ground lease properties at the North Berkeley BART site to NBHP. NBHP will submit for City building permits for the private developments to be constructed at the site this November and asked the City to provide final direction on open questions pertaining to the TOD’s public right of way improvements prior to this. This request for clarity resulted in City, BART, and NBHP revisiting the three options under consideration for the Virginia streetscape within the constrained 200-foot roadway section closest to the Acton Street intersection.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
This action is statutorily exempt from CEQA under Public Resources Code section 21080.25(b)(1) because it involves the construction of pedestrian and bicycle facilities that improve safety, access, or mobility within the public right-of-way. Pursuant to

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Affirm Council preference for the CONSENT CALENDAR
Virginia Street Bikeway (between Sacramento Street and Acton Street October 28, 2025 next to the North Berkeley BART Station)

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Public Resources Code section 21080.25(c)(2), the project does not induce single- occupancy vehicle trips, add additional highway lanes, widen highways, or add physical infrastructure or striping to highways except for minor modifications needed for the efficient and safe movement of transit vehicles, bicycles, or high-occupancy vehicles.

Pursuant to Public Resources Code section 21080.25(f), the project will be completed by a skilled and trained workforce.

This action seeks to approve an option that provides transportation infrastructure that adequately supports the continuation of a cycle track and pedestrian access along the south side of Virginia and connects to the Ohlone Greenway. At regional transit facilities such as BART Stations, provision of pedestrian and cycling infrastructure to directly serve the site supports cycling and walking to reduce greenhouse gas emissions, helping the City achieve the Berkeley Climate Action Plan greenhouse gas emission reduction targets of 80% below year 2000 levels by 2050. The Climate Action Plan states that, to meet these targets, “Transportation modes such as public transit, walking and bicycling must become the primary means of fulfilling our mobility needs.” Should the removal of landscape area result in reduced permeable surface, mitigation efforts have been identified that would consist of new bio filtration areas located near the Project on Acton Street. An area for these biofiltration facilities has been identified and would be sized based upon impacts associated with final design of the site. Public Works will seek to minimize any increase in impervious surfaces using permeable pavements for the expanded sidewalk.

RATIONALE FOR RECOMMENDATION
To support Staff’s ongoing work to negotiate and finalize plans for the North Berkeley BART Station Transit Oriented Development Project Staff seek Council’s direction on a preferred design alternative.

ALTERNATIVE ACTIONS CONSIDERED
There is always a ‘no-build’ alternative whereby BART would leave this 200-foot section of Virginia unchanged through their project and the City could decide how to address the cycling connection later.

CONTACT PERSON
Mark Helmbrecht, Transportation Manager, Public Works, 510-981-6403 Attachments:
1: Resolution
Exhibit A: Virginia Street cross-section layout options and existing condition photos

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

VIRGINIA STREET BIKEWAY: COUNCIL ALTERNATIVE SELECTION TO SERVE

THE NORTH BERKELEY BART STATION AND OHLONE GREENWAY
WHEREAS, In March 2020 the City and the Bay Area Rapid Transit District (BART) entered into a Memorandum of Understanding (MOU) to establish a framework for the development of the Ashby and North Berkeley BART Stations including establishing a community advisory group (CAG) process; and
WHEREAS, The Council reserved $53 million of City affordable housing funding for the affordable units at both BART sites in April 2021 (Resolution 69,833- N.S); and WHEREAS, The City and BART executed a Memorandum of Agreement (MOA) effective June 30, 2022 to cooperatively pursue BART’s Transit Oriented Developments (TODs) at the North Berkeley and Ashby BART Stations; and WHEREAS, BART issued an RFQ for developer partners and BART’s Board selected North Berkeley Housing Partners (NBHP) for the North Berkeley BART (NBB) site in December 2022, subsequently entering an Exclusive Negotiating Agreement (ENA) with NBHP in June 2023; and
WHEREAS, BART, NBHP, and the City have met and reviewed plans for the redevelopment of the NB BART site over the ensuing period of time and on December 11, 2024 the City’s Department of Planning & Development approved the Master Plan’s entitlements and issued a Letter of Compliance with Assembly Bill 2011 for all of the private redevelopment, phasing, and public improvements including provision of bike and pedestrian facilities in the streets adjacent to NBB, including Virginia Street; and WHEREAS, BART notified the City that it was following the ENA to ground lease properties at the North Berkeley BART site to NBHP and that NBHP will submit for City building permits for the private developments to be constructed at the site this November 2025 and asked the City to provide final direction on open questions pertaining to the TOD’s public right of way improvements; and WHEREAS, BART along with City stakeholders developed the North Berkeley BART TOD Station Access Plan which examined and worked through most design issues for the public ROW on the local streets surrounding the BART Station. This planning process identified an approximately 200-foot pinch point in Virginia Street which constrained being able to provide consistent bike, pedestrian, travel lanes, and parking facilities; and
WHEREAS, BART and the City initially identified two options (A and B) for providing cycling and pedestrian options in this approximately 200-foot segment of Virginia Street and presented those options at the City’s Transportation and Infrastructure Commission (TIC) in June 2024 and the Commission recommended Option A; and

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WHEREAS, Options A, B, and C as presented in the staff report presented to Council represent the full range of reasonable options available for delivering public transportation improvements within the approximately 200-foot segment of Virginia Street directly east of Acton Street; and
WHEREAS, staff recommend the implementation of Option A.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that Option A is the City’s preferred option for the approximately 200-foot section of Virginia Street just east of Acton Street.

BE IT FURTHER RESOLVED that The City Manager is directed to work with BART and their TOD to deliver the preferred options improvements during upcoming redevelopment of the North Berkeley BART Station.

Exhibits
A: Virginia Street cross-section layout options and existing condition photos

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NORTH BERKELEY BART BIKE

ACCESS IMPROVEMENTS
Exhibit A

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

CONSENT CALENDAR
October 28, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: David White, Deputy City Manager, City Manager’s Office Subject: Amending Berkeley Municipal Code Chapter 7.54 The Empty Homes Tax

RECOMMENDATION
Adopt first reading of an Ordinance amending Berkeley Municipal Code Chapter 7.54 The Empty Homes Tax to address issues that arose in the first annual billing and to simplify administration of the tax.

FISCAL IMPACTS OF RECOMMENDATION
There are no anticipated fiscal impacts of adopting this ordinance. The Empty Homes Tax is anticipated to generate approximately $3.5 million per year for the General Fund.

CURRENT SITUATION AND ITS EFFECTS
Pursuant to Chapter 7.54 of the Berkeley Municipal Code (“Empty Homes Tax”), effective January 1, 2024, the City of Berkeley has the authority to tax owners of residential units that are vacant for more than 182 days, whether consecutive or nonconsecutive, in a calendar year. Since the adoption of the Empty Homes Tax pursuant to Measure M in 2022, the City’s Rent Board and Finance Department have worked collaboratively to implement the tax. In 2025, the City issued tax bills for those owners of residential units that were deemed to be subject to the Empty Homes Tax in calendar year 2024.

Section 7.54.040(I) of the Municipal Code indicates that the City Council may, by majority vote of the entire City Council, amend this Chapter 7.54 to correct ambiguities or errors in language, provided that such amendments do not alter the dollar amounts of the tax. To this end, in order to address concerns that arose in this first annual billing and to simplify administration of the tax, the following revisions to Chapter 7.54 are being proposed:
 Under the list of definitions in Section 7.54.030, the Environmental Remediation Period and Owner Impairment Period are added. These definitions provide property owners with the opportunity to exempt their vacant units from the Empty Homes Tax when vacancy is attributed to addressing environmental remediation or hazardous materials cleanup or in situations when the property owner is physically unable to rent their unit due to a sudden health issue.

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Ordinance: Amending Berkeley Municipal Code Chapter 7.54 CONSENT CALENDAR October 28, 2025

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 Within Section 7.54.070, the timeframe in which a tax is considered delinquent is clarified to be 60 days after the date of the notice sent to the property owner. This is an important clarification because tax notices will not be sent to property owners in a timeframe for them to be able to comply with the February 28 deadline in the City’s Municipal Code. Because validating properties subject to the Empty Homes Tax takes significant time, the City will issue tax bills within the first six months of the following calendar year.
 Section 7.54.075 has been added to provide property owners with a clearly defined appeals process to have their concerns adjudicated by the City’s Hearing Officer within specified timelines. Without this section, property owners must comply with Berkeley Municipal Code Chapter 7.20, which applies to all claims for recovery of taxes, fees and assessments enacted by the City of Berkeley that are not expressly governed by a claim’s procedure. Section 7.54.070.01 provides a clearly defined process with milestones for the City and the property owner to adhere to.

BACKGROUND
The Empty Homes Tax (Berkeley Municipal Code Chapter 7.54) was approved by Berkeley voters in November 2022 under Measure M. The Empty Homes Tax is intended to disincentivize prolonged vacancies and housing speculation, thereby increasing the number of housing units available for occupancy, while also raising funds for municipal services, including but not limited to constructing, acquiring, and rehabilitating affordable housing.

Effective January 1, 2024, the City of Berkeley was authorized to tax residential units that are vacant for more than 182 days, whether consecutive or nonconsecutive, in a calendar year. Periods of vacancy that qualify for any of the exclusion periods identified in the Berkeley Municipal Code do not count towards the 182 days. The Empty Homes Tax expires on December 31, 2034, unless reauthorized by the voters.

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
Limited amendments to Chapter 7.54 are being proposed to City Council to address implementation issues that arose in the first billing of the Empty Homes Tax.

ALTERNATIVE ACTIONS CONSIDERED
The City Council could decide not to adopt this ordinance in which case city staff will continue to implement the tax as adopted by the voters. However, staff cannot administer the tax as adopted by the voters and justifiable exclusions to the tax such as addressing environmental remediation and health concerns will not be part of the tax.

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Ordinance: Amending Berkeley Municipal Code Chapter 7.54 CONSENT CALENDAR October 28, 2025

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CONTACT PERSON
David White, Deputy City Manager, City Manager’s Office, 510 981-7014 Henry Oyekanmi, Director of Finance, Finance Department, 510 981-7326 DéSeana Williams, Executive Director, Rent Board, 510 981-4949 Attachments:
1: Ordinance Marked-Up

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Attachment 1
ORDINANCE NO. -N.S.

AMENDING BERKELEY MUNICIPAL CODE CHAPTER 7.54 THE EMPTY HOMES

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

Section 1. That the Berkeley Municipal Code Chapter 7.54 is amended to read as follows:

Chapter 7.54
Empty Homes Tax
Sections:

7.54.010 Short Title.

7.54.020 Findings and purpose.

7.54.030 Definitions.

7.54.040 Imposition of Tax.

7.54.050 Returns--Presumption of Vacancy.

7.54.060 Exemptions.

7.54.070 Administration--Penalties.

7.54.075 Appeals.

7.54.080 Use of Funds for General Municipal Purposes.

7.54.090 Annual Reports.

7.54.100 Authorization and Limitation on Issuance of Bonds.

7.54.110 Severability.

7.54.120 Savings Clause.

7.54.130 Liberal Construction.

7.54.010 Short Title.

This Chapter shall be known as the "Empty Homes Tax Ordinance," and the tax it imposes shall be known as the "Empty Homes Tax."

7.54.020 Findings and purpose.

The People of the City of Berkeley find and declare as follows:

A. Residential vacancies are an ongoing concern in Berkeley.

B. Of total vacancies, the Berkeley Rent Stabilization Board data from 2022 indicates that 1,128 fully or partially regulated units in buildings with more than two units have been classified by their owners as not available to rent. Returning these and other vacant units to the housing market is a key strategy for ensuring long-term affordability.

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C. Prolonged vacancy restricts the supply of available housing units, is often the result of housing speculation and runs counter to the City’s housing objectives. Prolonged vacancies can also decrease economic activity in neighborhoods and lead to blight.

D. The housing affordability crisis has created an urgent need to pay for additional services and programs including, but not limited to, construction of new affordable housing for households with a household income of 80% or less of Area Median Income, including by providing pre-development funding to non-profit affordable housing developers, and the acquisition and rehabilitation of multi-unit buildings for affordable housing, and the operation of such buildings acquired and/or rehabilitated.

E. The City is also working to ensure all public funds available to build affordable housing are being maximized, from the City, Alameda County, State and Federal governments.

F. Even with the addition of City, County, State, and Federal resources, the City is unable to house all of its residents.

G. The increased costs of meeting the challenges of the housing crisis have impacted the City’s General Fund.

H. The City needs new funds to pay for municipal services. The Empty Homes Tax is intended to disincentivize prolonged vacancies and housing speculation, thereby increasing the number of housing units available for occupancy, while also raising funds for municipal services, including but not limited to constructing, acquiring, and rehabilitating affordable housing.

7.54.030 Definitions.

Unless otherwise defined in this Chapter, the terms used in this Chapter shall have the meanings given to them in Chapters 2.44 and 9.04 of the Municipal Code, as amended from time to time. For purposes of this Chapter, the following definitions shall apply:

A. "Affiliate" means an entity under common majority ownership or common control, whether that ownership or control is direct or indirect, with any other person or entity, including but not limited to a person or entity that majority owns or controls, or is majority owned or controlled by, any other person or entity.

B. "Building Permit Application Period" means the period following the date that an application for a building permit for repair, rehabilitation, or construction with respect to a Residential Unit is filed with the City through the date the Planning Department or its successor agency grants or denies that application, not to exceed one year.

Notwithstanding the preceding sentence, if more than one building permit application is filed by or on behalf of one or more persons in the Owner’s Group for the same Residential Unit, the Building Permit Application Period shall mean only the applicable period following the date the first application is filed with the City by or on behalf of

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anyone in the Owner’s Group. In the case of an owner qualifying for the Disaster Period in subsection D, the Building Permit Application Period may be extended beyond one year if the owner makes a good faith effort, as determined by the building official, to obtain a building permit.

C. "Disaster Period" means the two-year period following the date that a Residential Unit was made uninhabitable or unusable due to fire, natural disaster, or other catastrophic event, except where a negligent, reckless, or willful act or omission by the owner or agent of the owner contributed to or caused the Residential Unit to become uninhabitable or unusable due to fire, natural disaster or other catastrophic event.

D. “Environmental Remediation Period” means the period during which a Residential Unit is unoccupied, uninhabited, or unused because an environmental health authority has determined that environmental remediation or hazardous materials cleanup is required in order for the Residential Unit(s) to be suitable for residential use. This period shall begin on the date when the environmental health authority issues a determination requiring environmental remediation of the unit(s) for habitation and run until the environmental health authority has determined that the Residential Unit(s) are suitable for residential use. An environmental health authority includes but is not limited to the California Department of Toxic Substances Control (DTSC), Alameda County Environmental Health Department (ACEHD), a Regional Water Quality Board, or other local environmental health authority.

DE. "Homeowners’ Exemption Period" means the period during which a Residential Unit is the principal place of residence of any owner of that Residential Unit and for which such owner validly has claimed either the homeowners’ property tax exemption under Section 218 of the California Revenue and Taxation Code or the disabled veterans’ exemption under Section 205.5 of that Code, as those sections may be amended from time to time.

EF. "Hotel" means any property registered under Section 7.36.060 of the Municipal Code and excludes any properties regulated under Chapter 23.314 of the Municipal Code.

FG. "Lease Period" means the period during which any owner of a Residential Unit or any person in the Owner’s Group of that owner leases that Residential Unit to one or more tenants under a bona fide lease intended for occupancy, but not including any lease or rental of that Residential Unit to anyone in the Owner’s Group or to travelers, vacationers, or other transient occupants.

GH. "Owner Death Period" means, with respect to a co-owner or decedent’s estate, heirs, or beneficiaries, the period during which a Residential Unit is unoccupied, uninhabited, or unused because of the death of any owner of a Residential Unit who was the sole occupant of that Residential Unit immediately prior to such owner’s death, provided that such period shall not exceed the longer of two years or the period during which the Residential Unit is subject to the authority of a probate court.

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I. “Owner Impairment Period” means the period during which a Residential Unit is unoccupied, uninhabited, or unused because the owner of a Residential Unit was impacted by a sudden physical infirmity, a significant medical event, or similar catastrophe, that contributed to or caused the Residential Unit to become unoccupiable, uninhabitable, or unusable. The Owner Impairment Period shall not exceed one year.

HJ. "Owner In Care Period" means the period during which a Residential Unit is unoccupied, uninhabited, or unused because the occupant of the Residential Unit who used that Residential Unit as their principal residence is residing in a hospital, long term or supportive care facility, medical care or treatment facility, or other similar facility.

IK. "Owner’s Group" means for each owner of a Residential Unit, with respect to each Residential Unit, the owner, any current or former co-owner, and any Related Person or Affiliate of the owner or any current or former co-owner.

JL. "Rehabilitation Period" means the two-year period following the date that the City issues a building permit for repair, or rehabilitation, with respect to a Residential Unit, provided that if the City issues multiple building permits to or for the benefit of one or more persons in the Owner’s Group for the same Residential Unit, the Rehabilitation Period shall mean only the two-year period following the issuance of the first building permit to or for the benefit of anyone in the Owner’s Group.

KM. "Related Person" means a spouse, domestic partner, child, parent, or sibling.

LN. "Residential Unit" means a house, an apartment, a group of rooms, or a single room that is designed as separate living quarters Separate living quarters are those in which the occupants live and eat separately from any other persons in the building and which have a kitchen and direct access from the outside of the building or through a common hall. For purposes of this Chapter, a Residential Unit shall not include a unit in a Hotel, a currently operational nursing home, residential care facility, or other similar facility, or any unit that is fully exempt from property tax under the welfare exemption under Section 214(g) of the California Revenue and Taxation Code, as may be amended from time to time.

MO. "Vacancy Exclusion Period" means the Building Permit Application Period, Rehabilitation Period, Disaster Period, Environmental Remediation Period, Homeowners’ Exemption Period, Lease Period, Owner Death Period, Owner Impairment Period, or Owner In Care Period.

NP. "Vacant" means unoccupied, uninhabited, or unused, for more than 182 days, whether consecutive or nonconsecutive, in a calendar year.

7.54.040 Imposition of Tax.

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A. Except as otherwise provided in this Chapter, the City imposes an annual Empty Homes Tax on each person that owns a Residential Unit for keeping that Residential Unit Vacant for more than 182 days, whether consecutive or nonconsecutive, in a calendar year except for those periods defined as a Vacancy Exclusion Period.

B. The Empty Homes Tax on an owner keeping a Residential Unit Vacant shall be as follows:

1. For the first calendar year that the Residential Unit is Vacant, the tax shall be $3,000 per Residential Unit in a vacant condominium, duplex, single family dwelling, or townhouse unit under separate residential unit ownership and $6,000 per any other vacant Residential Unit.

2. For the second consecutive calendar year and each subsequent calendar year thereafter that the Residential Unit is Vacant, the tax shall be $6,000 per Residential Unit in a vacant condominium, duplex, single family dwelling, or townhouse unit under separate residential unit ownership and $12,000 per any other vacant Residential Unit.

C. The rates set forth in subsection B. of this Section shall be adjusted annually in accordance with the increase in the Consumer Price Index: All Urban Consumers for the San Francisco/Oakland/San Jose Area for All Items as reported by the United States Bureau of Labor Statistics, or any successor to that index, as of December 31st of the preceding year, beginning with the 2025 calendar year.

D. The Empty Homes Tax shall be payable by the owner or owners of the Residential Unit kept Vacant. Not more than one tax per Residential Unit shall be imposed under this Section for a calendar year by reason of multiple liable owners. If there are multiple liable owners, each owner shall be jointly and severally liable for the tax, which shall be the highest amount of tax payable by any owner for that Residential Unit for that calendar year.

E. In determining whether an owner has kept a Residential Unit Vacant during a calendar year, days within any Vacancy Exclusion Period shall be disregarded if that Vacancy Exclusion Period applies to that owner for that Residential Unit, as shall days in which the Residential Unit was not owned by the owner, but the owner shall be deemed to have kept the Residential Unit unoccupied, uninhabited, or unused on all other days that such Residential Unit is unoccupied, uninhabited, or unused during the calendar year.

F. The Empty Homes Tax shall take effect on January 1, 2024. The Empty Homes Tax shall expire on December 31, 2034, unless reauthorized by the voters prior to such date.

G. The Empty Homes Tax shall be suspended for as long as the Berkeley COVID-19 Residential Eviction Moratorium is in effect pursuant to BMC 13.110 and the tax shall resume upon expiration.

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H. Upon declaring a citywide emergency, the Council may suspend the tax in whole or part by a supermajority vote of two-thirds of the entire City Council upon a finding that a declared emergency has undermined the ability of owners to fill vacancies in their Residential Units. Such a suspension shall last for no more than 60 days from its enactment by the Council, but may be extended on or before its expiration by a two- thirds supermajority vote of the Council so long as the emergency continues and the required findings can be made. The Empty Homes Tax shall resume upon the expiration of the emergency.

I. The Council may, by majority vote of the entire City Council, amend this Chapter in furtherance of its purposes or to correct ambiguities or errors in language, provided that such amendments do not alter the dollar amounts of the tax as provided in Section

7.54.040 B, or expand the applicability of the exemptions in Section 7.54.060, or amend subsection H. or this subsection I. of Section 7.54.040.

7.54.050 Returns--Presumption of Vacancy.

A. Each person that is required to pay the Empty Homes Tax shall file a return in the form and manner prescribed by the City Manager or their designee.

B. Each person that owns a Residential Unit at any time during a calendar year and that is not exempt from the Empty Homes Tax with respect to that Residential Unit under any one of subsections A. through D. of Section 7.54.060 shall file a return for that calendar year in the form and manner prescribed by the City Manager or their designee. A person that fails to file the return required by this subsection B. for a Residential Unit shall be presumed to have kept that Residential Unit Vacant for the calendar year for which such return is required. The person who fails to file the required return may rebut the presumption by producing satisfactory evidence that such person did not keep the Residential Unit Vacant during the calendar year for which the return is required.

7.54.060 Exemptions.

A. For only so long as and to the extent that the City is prohibited by the Constitution or laws of the State of California or the Constitution or laws of the United States from imposing the Empty Homes Tax on any person that person shall be exempt from the Empty Homes Tax.

B. Any organization that is exempt from income taxation under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, shall be exempt from the Empty Homes Tax.

C. The City, the State of California, and any county, municipal corporation, district, or other political subdivision of the State shall be exempt from the Empty Homes Tax,

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except where any constitutional or statutory immunity from taxation is waived or is not applicable.

D. A natural person or trust who is the owner of a single property of four or fewer Residential Units, inclusive of accessory dwelling units and junior accessory dwelling units, that is their principal residence shall be exempt provided that they own no other Residential Units in the City. Additionally, for the purposes of this subsection D. only, the "owner" of such Rental Property shall not be any of the following set forth under California Civil Code Section 1947.12(d)(5)(A)(i)-(iii) ("AB 1482"): a real estate investment trust, as defined in Section 856 of the Internal Revenue Code; a corporation; or a limited liability company.

E. Any taxpayer seeking an exemption under this Section shall be required to demonstrate their entitlement thereto annually by submitting an application and supporting documentation to the City Manager or their designee in the manner and at the time established in regulations and/or guidelines hereafter promulgated by the City Manager subject to review by the City Council in its discretion. Such applications shall be on forms provided by the City Manager, or their designee.

7.54.070 Administration--Penalties.

A. The City Manager or their designee shall enforce the provisions of this Chapter and may prescribe, adopt, and enforce rules and regulations relating to the administration and enforcement of this chapter.

B. The tax required by this Chapter is delinquent if not received by the tax administrator within 60 days of the date of the notice sent by the City to any personon or before February 28 of each year that is subject to the Empty Homes Tax.

C. Any person who fails to pay the tax required by this Chapter to the City or any amount of tax required to be collected and paid to the City within the time required shall pay a penalty of ten percent of the tax or amount of the tax, in addition to the tax or amount of tax, plus interest at the rate of one percent per month from the date on which the tax or the amount of tax required to be collected became due and payable to the City until the date of payment.

D. Transactions with the principal purpose of avoiding or evading all or a portion of the Empty Homes Tax shall be disregarded for purposes of determining the amount of the Empty Homes Tax and whether the Empty Homes Tax is due. Any owner determined to have engaged in one or more transactions with the principal purpose of avoiding or evading all or a portion of the Empty Homes Tax shall be liable for the Empty Homes Tax and also liable for a penalty in an amount equal to the Empty Homes Tax.

E. Any tax required to be paid by an owner under the provisions of this chapter shall be deemed a debt owed by the owner to the City. Any person owing money to the City under the provisions of this chapter shall be liable to an action brought in the name of

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the City for the recovery of such amount, along with any collection costs incurred by the City as a result of the person’s noncompliance with this chapter, including, but not limited to, reasonable attorneys’ fees, plus interest and penalties as herein provided.

7.54.075 Appeals.

A. Any person disputing any decision of the City with respect to the Empty Homes Tax may appeal to the City Manager by filing a notice of appeal with the City Manager within thirty days from the decision of the administrative officer or agency, setting forth in full the grounds for the appeal.

B. Said appeal shall be scheduled for hearing by the City Manager or their designee, and the appellant shall be given no less than fourteen days notice of the time and place of said hearing.

C. Any person filing an appeal may appear at the time and place fixed in the notice and present their appeal. If any person that files an appeal, fails to appear in compliance with the notice or to obtain a continuance, they shall be deemed to have waived any and all grounds of appeal that could have been asserted against the City.

D. Within thirty days after the conclusion of the hearing, the City Manager or their designee shall notify the appellant in writing of the decision, which shall be final. If the decision establishes an amount of tax, penalties and/or interest due, the total amount shall be due and payable as of the date the original Empty Homes Tax was due and payable, together with any penalties that may be due; provided, however, if the amount of the Empty Homes tax is fixed in accordance with the original statement of the applicant, then no penalty shall attach by reason of any delinquency.

7.54.080 Use of Funds for General Municipal Purposes.

A. The Council may deposit any portion of the proceeds generated by the Empty Homes Tax into the Housing Trust Fund, subject to its operating rules, or it may use any of the proceeds to fund any general municipal services designated by the Council.

7.54.090 Annual Reports.

Commencing with a report filed no later than February 15, 2026, covering the fiscal year ending June 30, 2025, the City Manager shall file annually with the Council, by February 15 of each year, a report containing the amount of monies collected from the tax during the prior fiscal year.

7.54.100 Authorization and Limitation on Issuance of Bonds.

The City shall be authorized to pledge revenues generated by the Empty Homes Tax to the repayment of limited tax bonds or other forms of indebtedness authorized under this Section. The Council shall by ordinance or resolution, as applicable, establish the terms

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of any limited tax bonds or other forms of indebtedness authorized hereby, including but not limited to, the amount of the issue, date, covenants, denominations, interest rate or rates, maturity or maturities, redemption rights, tax status, manner of sale, and such other particulars as are necessary or desirable.

7.54.110 Severability.

If any word, phrase, sentence, part, section, subsection, or other portion of this ordinance, or any application thereof to any person or circumstance is declared void, unconstitutional, or invalid for any reason, then such word, phrase, sentence, part, section, subsection, or other portion, or the prescribed application thereof, shall be severable, and the remaining provisions of this chapter, and all applications thereof, not having been declared void, unconstitutional or invalid, shall remain in full force and effect. The People of the City of Berkeley hereby declare that they would have passed this ordinance, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases had been declared invalid or unconstitutional.

7.54.120 Savings Clause.

No section, clause, part, or provision of this Chapter shall be construed as requiring the payment of any tax that would be in violation of the Constitution or laws of the United States or of the Constitution or laws of the State of California.

7.54.130 Liberal Construction.

This Chapter shall be liberally construed to effectuate its purpose.

Section 2. Copies of this Ordinance shall be posted for two days prior to adoption in the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way. Within 15 days of adoption, copies of this Ordinance shall be filed at each branch of the Berkeley Public Library and the title shall be published in a newspaper of general circulation.

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Office of the City Manager

CONSENT CALENDAR
October 28, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Peter Radu, Assistant to the City Manager Subject: Letter to Alameda County Board of Supervisors re: Opportunities to Collaborate with Alameda County on Homelessness Programs Outside of Berkeley

RECOMMENDATION
Direct the City Manager to send a letter from the City Council to the Alameda County Board of Supervisors regarding opportunities to partner on regional solutions to unsheltered homelessness.

FISCAL IMPACTS OF RECOMMENDATION
There are no fiscal impacts associated with adopting this recommendation.

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

1. Direct the City Manager to report back to Council on "Opportunities to partner with Alameda County and other public agencies to utilize County, other governing jurisdictions, or state-owned land for temporary shelter and services outside of Berkeley’s most heavily impacted neighborhoods."

2. “Support the City Manager in collaborating with Alameda County and other neighboring jurisdictions to identify potential sites outside of Berkeley city limits that may be suitable and more cost-effective than sites within Berkeley.” The City of Berkeley has made great strides in measurably reducing unsheltered homelessness. Since 2021, the City has drawn down over $45M in State funding to rapidly convert motels to shelter and permanent housing, creating 164 interim and permanent beds in that time. Not surprisingly, the City saw a 45% decrease in unsheltered homelessness, and a 20% decrease in overall homelessness, between the 2022 and 2024 federal Point-in-Time (PIT) Counts.

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Letter to Alameda County Board of Supervisors re: Homelessness Collaboration CONSENT CALENDAR October 28, 2025
For these reasons, staff were surprised to learn that, after declaring a goal to fund one such project in each region of the County, the County recently declined to fund the City- sponsored Measure W application from Episcopal Community Services (ECS) for new encampment-focused interim housing in Berkeley—the only such application in the North region of Alameda County--which the City proposed to match with local general funds for the purposes of resolving West Berkeley’s large and dangerous RV encampments along Dwight Way and Grayson St. Staff and ECS remain open revising and resubmitting the application to better meet the County’s expectations.

However, recent PIT counts have revealed another trend: of those experiencing homelessness in Berkeley in 2024, 43% reported that they were last housed outside the County at the time they became homeless—by far the largest such proportion amongst major cities in the County, and up from 33% in the 2022 PIT Count. The data suggest that Berkeley is experiencing an in-migration of people experiencing homelessness, more so than other communities in the County. Given the large ‘fiscal cliff’ the City faces for existing shelters dedicated to serving people from encampments (roughly $5M over the next 4 years), in addition to the City’s structural general fund deficit, opening any new programs to serve Berkeley’s existing homeless population, let alone newcomers, will not be possible without outside funding sources from the State or County. The City of Berkeley is not considered large enough to be a direct recipient of the State’s principle source of homelessness funding, the Homelessness Housing, Assistance and Prevention (HHAP) program.

Staff therefore recommend that the City Council approve the attached letter to the County Board of Supervisors, expressing Council’s direction to explore partnering with the County on programs outside Berkeley that could serve Berkeley’s unsheltered population, as well as collaborative engagement with the State to identify State land and State funding for this purpose.

BACKGROUND
In 2021, at a joint meeting of the Board of Supervisors and the Alameda County Conference of Mayors on homelessness, the City-County homelessness Technical Working Group (TWG) was created. This group was intended to enhance collaboration on homeless solutions between staff from Alameda County and its cities. Staff from the City Manager’s Office, Neighborhood Services Division, regularly represents Berkeley at these meetings. Over the past several months, these meetings have focused on the County’s planning to implement Measure W sales tax funding for homelessness.

Berkeley staff will continue to participate at this table to advance regional approaches to unsheltered homelessness that also address Berkeley’s needs. City staff are also actively participating in various committees in the creation of the County’s Home Together 2030 Plan, the next iteration of the County’s strategic plan to address homelessness.

On May 20, 2025, the City Council passed a referral to the City Manager, “Alternative Housing Options for People Experiencing Homelessness.” This referral had multiple

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Letter to Alameda County Board of Supervisors re: Homelessness Collaboration CONSENT CALENDAR October 28, 2025
parts, and the current report is responsive to one part of this referral. Staff actions in response to other aspects of this referral include:
 On May 28, the City Manager sent a letter on behalf of the Council to the Alameda County Board of Supervisors, affirming the four policy principles outlined in the May 20, 2025 referral.
 On July 24, 2025, Council voted to support staff recommendations in the report, “Recommendations for County Measure W Funding.” The adoptions of these recommendations resulted in a letter sent to the Alameda County Board of Supervisors outlining Berkeley’s priorities for County Measure W sales tax funding.
 On July 29, 2025, at a special meeting, Council received a report from staff, “Comprehensive Summary of Berkeley’s Homeless Response System.” This report responded to several aspects of Council’s May 20, 2025 referral, including an overview of ongoing efforts to address homelessness; a resource needs and gaps analysis of the homeless system; a feasibility and cost analysis to support new homeless programs; and a geographic assessment of homeless service locations in the city. Due to technical difficulties, that special meeting was adjourned prior to the conclusion of staff’s presentation on the report. The presentation was concluded during a special meeting on September 16, 2025.  On October 14, 2025, the Council received an information report from the City Manager with a list of sites that could be feasible for replicating the Horizon Transitional Village Program shelter and SPARK safe parking model (previously co-located on Grayson St.), as well as sites that could host other models deemed successful by staff.

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

RATIONALE FOR RECOMMENDATION
Unsheltered homelessness is a regional issue that does not recognize arbitrary jurisdictional boundaries between cities; people experiencing homelessness migrate in and out of Berkeley for many reasons, just as commuters and other visitors to Berkeley do, so serving these individuals requires coordinated regional approaches to programming and funding. Staff believe that partnering with Berkeley’s Alameda County Supervisor to engage in a discussion on coordinated regional approaches, in addition to city staff’s ongoing participation in the Technical Working Group and the Alameda County Continuum of Care (CoC), are the best approaches to this discussion.

ALTERNATIVE ACTIONS CONSIDERED
None.

CONTACT PERSON
Peter Radu, Assistant to the City Manager, 510 981-7045

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Letter to Alameda County Board of Supervisors re: Homelessness Collaboration CONSENT CALENDAR October 28, 2025
Attachments:
1: Letter to Alameda County Board of Supervisors

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Office of the City Manager
October 29, 2025
Honorable Members of the Alameda County Board of Supervisors:

Thank you for your ongoing partnership to reduce homelessness. The City of Berkeley continues to focus diligently on the crisis of homelessness and has collaboratively made great strides. Over the past four years, the City has leveraged $35M in local general funds to draw down over $45M in State Homekey and Encampment Resolution Funding grants, resulting in the rapid creation of over 160 units of noncongregate interim and permanent housing. Alongside Oakland and Los Angeles, Berkeley is one of only three jurisdictions in the State to have received all three rounds of Encampment Resolution Funding, using these grants to open 93 units of interim, motel-based shelter dedicated to our largest and most unsafe encampments.

The results have been remarkable: between 2022 and 2024, Berkeley had a 45% decrease in unsheltered homelessness and a 20% reduction in homelessness overall, the largest such declines for any major city in our County.

For these reasons, we were surprised to learn that, after declaring a goal to fund one such project in each region of the County, the County recently declined to fund the City-sponsored Measure W application from Episcopal Community Services (ECS) for new encampment- focused interim housing in Berkeley—the only such application in the North region of Alameda County--which the City proposed to match with local general funds for the purposes of housing people from West Berkeley’s large and dangerous RV encampments along Dwight Way and Grayson St. Please know that we and ECS remain open to revising and resubmitting this proposal to better meet the needs and expectations of the County. We look forward to working with the County on this important and timely project.

Berkeley has deeply appreciated collaborating with the County and State to model proven solutions to homelessness, and we are all frustrated at the tenacity of the problem. It is a problem of deep human suffering throughout the city, county, state and country. Locally, recent PIT Count trends underscore this reality: of those experiencing homelessness in Berkeley in 2024, 43% reported that they were last housed outside the County at the time they became homeless—by far the largest such proportion amongst major cities in the County, and up from 33% in the 2022 PIT Count. Given the large ‘fiscal cliff’ the City faces for existing shelters dedicated to serving people from encampments (roughly $5M over the next 4 years), in addition to the City’s structural general fund deficit, opening any new programs to serve Berkeley’s existing homeless population, let alone newcomers, will not be possible without outside funding sources from the State or County.

Berkeley is a State designated Pro-Housing jurisdiction that has approved many policies to change zoning and other regulations to allow for more and denser housing, which over time will

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take pressure off the regional housing shortage that is directly contributing to our homelessness crisis. But this will take years, and the crisis of unsheltered homelessness needs a response now. While we will continue to push for more homeless housing in Berkeley, the city is densely- populated and largely built-out, and there are insufficient suitable locations (let alone local funding sources) to continue our effort to provide interim housing solutions at the pace we have or the pace that is needed to more significantly help people living on the streets move inside.

Despite having among the highest per-capita rates of homelessness in the Bay Area, Berkeley is considered too small by the State of California to be a direct recipient of Homeless Housing, Assistance and Prevention (HHAP) funding. If we are to continue making such measurable strides in solving homelessness, Berkeley and Alameda County must expand and increase our partnership, and we are eager to work with you towards that goal.

For these reasons, the Berkeley City Council voted unanimously on May 20, 2025, to adopt the following positions with respect to homelessness, and requested that I transmit it to you:

2. “Support the City Manager in collaborating with Alameda County and other neighboring jurisdictions to identify potential sites outside of Berkeley city limits that may be suitable and more cost-effective than sites within Berkeley.”
As you know, Berkeley city staff and many elected officials are actively engaged at all existing tables for city-county regional coordination on homelessness, including the Alameda County Mayor’s Homeless Group (lead by Mayor Ishii), the Technical Working Group, various committees of the Home Together 2030 Plan creation, and the Alameda County Continuum of Care, and we will continue to partner with the County in these and other ways moving forward.

We welcome any additional opportunities to work collaboratively with you and your colleagues on the Board of Supervisors and staff to find paths forward on utilizing County, other governing jurisdictions, or state-owned land for temporary and/or permanent shelter and services outside of Berkeley, as well as shared advocacy to our State leaders for more resources to solve this regional problem.

Thank you for your leadership and advocacy. We look forward to working with you to solve this crisis.

Respectfully Submitted on Behalf of the Berkeley City Council, Paul Buddenhagen
City Manager
cc: Susan Muranishi, County Administrator
Berkeley Mayor Adena Ishii and All Berkeley Councilmembers

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

CONSENT CALENDAR
October 28, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Eleanor Hollander, Economic Development Manager Subject: Contract: Dyson & Womack for a Public Art Program Strategic Plan

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute a contract and any necessary amendments with Dyson & Womack Art Consulting for an amount not to exceed $110,000 for the development of a comprehensive Public Art Program Strategic Plan for the City of Berkeley. The contract term will be 18 months.

FISCAL IMPACTS OF RECOMMENDATION
The $110,000 contract will be funded by the Cultural Trust Fund (Fund Code 148-21- 208-252-0000-000-446-612990) in Fiscal Year 2026.

CURRENT SITUATION AND ITS EFFECTS
Dyson & Womack Art Consulting was selected through a competitive Request for Proposals (RFP) process (Specification No. 25-11674-C) to lead the development of a Public Art Program Strategic Plan. The consultant will outline steps, strategies, and actions to shape, reinforce, and transform the Civic Arts Program’s public art implementation practice. The Public Art Strategic Plan will serve as a guiding tool to implement creative projects, assess current values and gaps in the existing public art program, and ensure that Berkeley’s future installed public art reflects community needs and values. It will provide strategies to stabilize and sustain the existing public art program, and include recommendations on best practices, policy updates, and project prioritization including a three-year action plan with operational projections including recommendations of appropriate metrics and deliverables.

The selected consultant brings extensive experience in public art planning and will lead a comprehensive stakeholder engagement process. Dyson & Womack supports clients that includes many cities and counties in the development of cultural and master plans, public art commissioning, collections analysis and acquisition, and is composed of a team of creative professionals which includes specialists in public art consulting, cultural planning, project management, curation and programming, marketing, and design.

Dyson & Womack is known as a leading consulting firm that develops public art opportunities centered on equity and accessibility in public art management.

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Contract: Dyson & Womack Art Consulting for a Public Art Program Strategic Plan October 28, 2025

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1. Stakeholder Engagement: Facil
itate engagement opportunities such as public
input sessions and interviews with the arts community, city staff, and the Civic Arts Commission.

2. Benchmarking and Analysis: Analyze other municipal public art policies and funding models to develop a benchmarking framework for Berkeley. Assess local current policies, practices, resources, capacities, and gaps to inform practical and sustainable program improvements.

3. Policy and Process Development
: Recommend and develop updated Public Art
policies and procedures, including potential revisions to the existing program guidelines, to enhance efficiency, equity, and excellence.

4. Final Strategic Plan
: Deliver a comprehensive Public Art Program Strategic Plan for the City of Berkeley based on research and stakeholder input. The Plan will include:
o An inventory and analysis of existing resources for public art in Berkeley and recommendations for expansion (if warranted).
o A cost-benefit analysis of the current public art program structure and identification of misaligned projects on the Civic Arts work plan. o A three-year action plan for the efficient deployment of public art with operational projections, metrics, and key deliverables.

BACKGROUND
The City of Berkeley’s Public Art Program strengthens the community’s sense of belonging and connection by engaging artists to create public art works that bolster community, enhance the built environment, and reflect the unique character of our city.

Since 1967, the City of Berkeley has acquired over 50 permanent and 150 portable artworks through voluntary City contributions, philanthropic donations, and grant support. Together, these works form the City of Berkeley Public Art Collection. Among

the most significant pieces is The City and Its People (1973), a mixed-media photo collage by Romare Bearden, which served as the inspiration for the City’s official logo.

Established in 1980, the City’s Civic Arts Commission (Berkeley Municipal Code Chapter 3.12) holds responsibilities related to the review and approval of public art within Berkeley. In 1985, the City adopted the Visual Art Ordinance (Berkeley Municipal Code Chapter 6.14), which established a formal process for the selection and approval of public art. In 2001, the City developed Guidelines for Public Art to further define the administration and approval procedures for public artworks. These guidelines were updated in 2019, alongside the adoption of the
Arts and Culture Plan 2018–2027, the
existing guiding document for the City’s Public Art Program.

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The Public Art Program Strategic Plan will build upon previous policy achievements and planning efforts adopted by the Civic Arts Commission and City Council, and guide future public art programming and investment. The Public Art Program Strategic Plan contract scope includes the following five key deliverables:

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Contract: Dyson & Womack Art Consulting for a Public Art Program Strategic Plan October 28, 2025

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In 1999, the City of Berkeley approved a “percent for art” program establishing the Public Art Funding on City Capital Improvement Projects process to fund public art commissions in Berkeley. In 2016, the City adopted a corresponding Public Art on Private Development Ordinance (Berkeley Municipal Code Chapter 23.316), requiring that a percent of the construction cost of new commercial, industrial, and multi-unit residential buildings be allocated to publicly accessible artwork. In 2017, this ordinance was amended to increase the contribution requirement to 1.75% of the total project cost.

In 2022, the City adopted amendments to Berkeley Municipal Code Chapter 6.13, which updated the 1999 program and established a policy to set aside a matching amount (1.75% of the construction cost) of City-funded capital improvements for public art as well. This $110,000 strategic planning effort, which will yield an updated guiding document for deploying public art in Berkeley, is funded though this mechanism.

Going forward, the Public Art Program Strategic Plan will outline the steps, strategies, and actions required for the public art program to efficiently and effectively reflect community values and needs. The Plan will include strategies to stabilize and sustain the Public Art Program to better serve the community and will recommend best practices, policy updates, and project prioritization that will guide future public art programming and investment. The Plan will build on the foundation of previous policy achievements and planning efforts and will culminate in the Civic Arts Commission’s approval of the new Public Art Program Strategic Plan by the first quarter of 2027.

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
Dyson & Womack Art Consulting possesses demonstrated expertise in cultural planning, public art planning, and strategic planning to lead a stakeholder engagement and a planning process resulting in a Public Art Program Strategic Plan. The City received and evaluated ten proposals in response to RFP Specification No. 25-11674-C which was posted on April 9, 2025 and due on May 27, 2005. After proposal review, interviews were conducted with the three highest scoring proposals, and following the interviews, the Dyson & Womack Art Consulting proposal received the highest score.

ALTERNATIVE ACTIONS CONSIDERED
None.

CONTACT PERSON
Mark Salinas, Civic Arts, Office of Economic Development, (510) 981-7538 Attachment:
1: Resolution

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

CONTRACT: DYSON & WOMACK ART CONSULTING FOR A PUBLIC ART

PROGRAM STRATEGIC PLAN
WHEREAS, the City of Berkeley has long recognized the importance of the arts and culture to the economic health, vitality, and diversity of Berkeley’s local economy and its commercial districts; and
WHEREAS, the City’s public art program supports the local arts ecosystem through commissions, acquisitions, exhibitions, programming, and collections management of art in public places throughout Berkeley; and
WHEREAS, the City of Berkeley seeks to engage a consultant to develop a Public Art Program Strategic Plan which will guide future public art programming and investment building on the foundation of previous policy achievements and planning efforts; and WHEREAS, the funds for this contract are budgeted in Cultural Trust Fund (Fund Code 148-21-208-252-0000-000-446-612990); and
WHEREAS, the City posted a Request for Proposals (RFP) process (Specification No. 25-11674-C) for which ten proposals were received, evaluated and scored, resulting in the selection of Dyson & Womack Art Consulting to develop a Public Art Program Strategic Plan for the City of Berkeley.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager, or designee, is authorized to execute a contract and any amendments thereto with Dyson & Womack Art Consulting for the development of a Public Art Program Strategic Plan for the City of Berkeley, in an amount not to exceed $110,000, for a term of 18 months. A record signature copy of said contract and any amendments are to be on file in the Office of the City Clerk.

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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
October 28, 2025
To: Honorable Mayor and Members of the City Council From: Paul Buddenhagen, City Manager
Submitted by: Henry Oyekanmi, Director, Finance
Subject: Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on October 28, 2025

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.

FISCAL IMPACTS OF RECOMMENDATION
Total estimated cost of items included in this report is $20,234,753 PROJECT Fund Source Amount
127 125-127 Univ Facility Improvement $ 1,500,000
133 Measure F - ALA CT VRF St and Rd $ 112,960
134 Measure BB – Local Streets and Rd $ 784,029
501 Capital Improvements $ 9,603,011
FY2026 Street
Maintenance and
Rehabilitation Project
601 Zero Waste $ 1,000,000
127 125-127 Univ Facility Improvement $ 449,782
133 Measure F – ALA CT VRF St and
Rd $ 200,000
134 Measure BB – Local Streets and Rd $ 3,295,971
149 Private Party Sidewalks $ 650,000
FY26 Curb Ramp
Improvement Project
501 Capital Improvements $ 389,000
Multidisciplinary On-
Call Professional
Services for Measure
FF
166 Measure FF – Street Repair $ 2,250,000
Total $ 20,234,753

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Formal Bid Solicitations and Request for Proposals CONSENT CALENDAR Scheduled for Possible Issuance After Council October 28, 2025 Approval on October 28, 2025

CURRENT SITUATION AND ITS EFFECTS
On May 6, 2008, Council adopted Ordinance No. 7,035-N.S. effective June 6, 2008, which increased the City Manager’s purchasing authority for services to $50,000. As a result, this required report submitted by the City Manager to Council is now for those purchases in excess of $100,000 for goods; and $200,000 for playgrounds and construction; and $50,000 for services. If Council does not object to these items being sent out for bid or proposal within one week of them appearing on the agenda, and upon final notice to proceed from the requesting department, the IFB (Invitation for Bid) or RFP (Request for Proposal) may be released to the public and notices sent to the potential bidder/respondent list.

BACKGROUND
On May 6, 2008, Council adopted Ordinance No. 7,035-N.S., amending the City Manager’s purchasing authority for services

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The Finance Department reviews all formal bid and proposal solicitations to ensure that they include provisions for compliance with the City’s environmental policies. For each contract that is subject to City Council authorization, staff will address environmental sustainability considerations in the associated staff report to City Council.

RATIONALE FOR RECOMMENDATION
Need for the goods and/or services.

ALTERNATIVE ACTIONS CONSIDERED
None.

CONTACT PERSON
Henry Oyekanmi, Director of Finance, 510-981-7329
Attachments:

1. FY 2026 Street Maintenance and Rehabilitation Project

2. FY26 Curb Ramp Improvement Project

3. Multidisciplinary On-Call Professional Services for Measure FF Note: Original of this attachment with live signature of authorizing personnel is on file in General Services.

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SPECIFICA
TION NO.

DESCRIPTION OF

GOODS / SERVICES

BEING PURCHASED
APPROX.

RELEASE
DATE
APPROX. BID

OPENING
DATE

INTENDED USE ESTIMATED
COST

BUDGET CODE TO

BE CHARGED
DEPT. /

DIVISION

CONTACT
NAME &
PHONE
26-11763-C FY 2026 Street
Maintenance and
Rehabilitation Project
10/29/2025 12/1/2025 Resurface streets as
part of the City’s
annual paving
program
$13,000,000 PWENST2601
127-54-623-673-
0000-000-431-
665110 - $1.5M
133-54-623-673-
0000-000-431-
665110 - $784,029
134-54-623-673-
0000-000-431-
665110 - $9,603,011
601-54-623-673-
0000-000-431-
665110 - $1M
Public Works -
Engineering
Terrance
Salonga
510-981-
6447

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26-11764-C FY26 Curb Ramp
Improvement Project
10/29/2025 12/1/2025 Improve existing curb
ramps and repair
sidewalk as part of the
50-50 program.
$4,984,783 127-54-623-674-
0000-000-431-
665110 FY26
/$349,782
FY27/$100K
133-54-623-674-
0000-000-431-
665110
FY26 /$100K
FY27/$100k
134-54-623-674-
0000-000-431-
665110
FY26/$2,745,971
FY27/ $550k
149-54-623-674-
3015-000-431-
665110
FY26/ $550k
FY27/ $100K
501-54-624-698-
0000-000-431-
665110
FY26/$194.5K
FY27/$194.5K
Public Works -
Engineering
Terrance
Salonga
510-981-
6448

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26-11765-C Multidisciplinary On-Call
Professional Services for
Measure FF
10/29/2025 12/1/2025 On-call civil
engineering, structural
engineering, traffic
engineering,
transportation
planning, surveying
and construction
management services.
for various
infrastructure
programs/projects
including pavement
rehabilitation, sanitary
sewer rehabilitation,
storm drain, green
infrastructure,
sidewalk, traffic
safety, traffic
planning, assessment
districts, and graffic
information systems
(GIS)
$2,250,000 166-54-623-673-
3015-000-431-
612310
$450,000
166-54-623-675-
3012-000-431-
612310
$450,000
166-54-623-676-
3013-000-431-
612310
$337,500
166-54-623-679-
0000-000-431-
612310
$112,500
166-54-623-662-
0000-000-431-
612310
$112,500
166-54-623-668-
0000-000-431-
612310
$337,500
166-54-623-673-
0000-000-432-
612310
$112,500
166-54-623-673-
0000-000-426-
612310
$112,500
166-54-623-673-
0000-000-431-
612310
$112,500
166-54-623-675-
0000-000-431-
612310
$112,500
Public Works -
Engineering
Wahid
Amiri
510-981-
6396
TOTAL $20,234,753

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

CONSENT CALENDAR
October 14, 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: Patagonia Health Electronic Health Records System Implementation for Berkeley High School Health Center

RECOMMENDATION
Adopt a Resolution authorizing the City Manager or designee to execute a contract and any amendments with Patagonia Health for implementation of an Electronic Health Record (EHR) system for the Berkeley High School Health Center in an amount not to exceed $260,000 for the period of November 1, 2025 through June 30, 2030.

FISCAL IMPACTS OF RECOMMENDATION
Through a competitive Request for Proposal (RFP) process, staff have selected Patagonia Health to provide and implement their EHR system at Berkeley High School Health Center. The City conducted an RFP process and received four proposals.

Patagonia Health was selected as the highest scoring bidder and submitted a quote with final pricing. The contract will have a total not to exceed amount of $260,000.

Funding is available in the FY 2026 Adopted Budget in Public Health Realignment (Fund 156).

The current EHR system being used at the BHSHC is an outdated version of the software, one that is unsupported by the vendor, and costs approximately $190,000 annually to maintain. The implementation of this new EHR system is estimated to be $100,000 with an average of $40,000 annually for user licenses and maintenance of the system for the subsequent four years. This upgrade would substantially improve the EHR functionality and reduce ongoing maintenance and licensing costs of the EHR by $150,000 annually.

CURRENT SITUATION AND ITS EFFECTS
The Berkeley High School Health Center offers free and confidential reproductive sexual health, mental health, and first aid services for over 3,000 students that are 12- 20 years old at Berkeley High School and Berkeley Technology Academy.

The current EHR system was implemented approximately 20 years ago. The City has not updated the software for the last 10 years. The current system requires integration

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Contract: Patagonia Health Electronic CONSENT CALENDAR
Health Records System Implementation October 14, 2025

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with several other software systems and is currently operating on an outdated version that is unsupported by the vendor. The upgrade of the current EHR system would require a substantial financial investment which prompted an RFP process to determine a solution that meets the operational needs of the clinic that was financially competitive.

The new EHR system would integrate appointment scheduling, intake, medical record documentation, and billing seamlessly. This new system would decrease the need to integrate a number of technological solutions to support the operations and allow for maximization of timely revenue from eligible services.

BACKGROUND
The City released an RFP under Specification No. 25-11692-C and convened a panel of stakeholders, who selected Patagonia Health as the most responsive and responsible bidder for this contract.

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
Patagonia Health has been in business since 2009 and is a well-respected EHR vendor with demonstrated subject matter expertise on building systems to support public health and clinic operations. Their proposal in response to RFP Specification No. 25-11692-C includes high quality services that align with the intended goals of maximizing clinic operations and billing procedures.

ALTERNATIVE ACTIONS CONSIDERED
Staff did not identify an alternative action consistent with the City’s goals of advancing efficient and sustainable City government operations. The Council may choose not to approve the contract; however, staff would not adequately be able to document, track, and report on critical student health data.

CONTACT PERSON
Tiffany Simpson, Senior Health Services Program Specialist, HHCS, (510) 644-6308 Attachments:
1: Resolution

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

CONTRACT: PATAGONIA HEALTH ELECTRONIC HEALTH RECORDS SYSTEM

IMPLEMENTATION
WHEREAS, the City of Berkeley Department of Health, Housing & Community Services (HHCS), is committed to providing comprehensive public health services to Medi-Cal eligible clients, and
WHEREAS, HHCS seeks to eliminate health and educational inequities; and WHEREAS, PATAGONIA HEALTH was selected by the City’s RFP process which includes bidding from vendors, draft proposals, and pricing; and WHEREAS, Funding is available in the FY2026 adopted budget in Public Health Realignment (Fund 156)
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager or designee is authorized to execute a contract and any amendments with Patagonia Health for implementation of an Electronic Health Record system for the Berkeley High School Health Center in an amount not to exceed $260,000 for the period of November 1, 2025 through June 30, 2030

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

CONSENT CALENDAR
October 28, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Janelle Rodrigues, Director of Human Resources Subject: Contract: Alameda-Contra Costa County Transit District (AC Transit) for EasyPass Program 2026-2028

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute an agreement and any amendments with the Alameda-Contra Costa County Transit District (AC Transit) for the continuation of an annual bus transit pass (EasyPass) program for City of Berkeley employees in an amount not to exceed $572,717 for a three-year period covering 2026, 2027 and 2028.

FISCAL IMPACTS OF RECOMMENDATION
The total cost for three years is $572,717 based on the current eligible employee pool of 1,402 employees. AC Transit invoices organizations based on the total number of eligible employees. Funds for the EasyPass program are found in Payroll Deduction Trust Fund 013-99-900-900-0000-000-000-201599. The Payroll Deduction Trust Fund is funded by multiple funds based on employee labor distributions which are influenced by payroll deductions. The City will process payment on an annual basis.

Contract Period Minimum Employee
Pool
Annual Cost Per
Pass
Total Annual
Contract Pass
1/1/2026-12/31/2026 1,402 $132.50 $185,765.00
1/1/2027-12/31/2027 1,402 $138.00 $193,476.00
1/1/2028-12/31/2028 1,402 $138.00 $193,476.00
Total $572,717.00

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Contract: Alameda-Contra Costa County Transit District CONSENT CALENDAR October 28, 2025

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CURRENT SITUATION AND ITS EFFECTS
The current transit pass contract with AC Transit expires on December 31, 2025. Staff is recommending that Council authorize a new contract to continue the program through December 31, 2028 for a three-year period.

The City and AC Transit formed a partnership to establish an employee transit pass program in 2002 to provide all eligible City employees unlimited rides on all AC Transit buses. Whereas the Public Works department established and managed the AC Transit contract, it is now being managed by the Human Resources department as it is a benefit provided to City Staff. About 800 employees are currently enrolled.

By continuing to provide this employee benefit program, the City remains a model employer for Berkeley businesses required to offer a Commuter Benefit Program (Berkeley Municipal Code 9.88) or Trip Reduction Information Program.

Maintaining funding for AC Transit’s Easy Pass for City staff is in alignment with the City’s Strategic Plan Priorities, advancing the goal to be a global leader in addressing climate change, advancing environmental justice, and protecting the environment, while attracting and retaining a talented and diverse City government workforce.

BACKGROUND
Council previously approved extension of the program since its inception in 2002, most recently in 2021 (Resolution 69,663-N.S.) and in 2015 (Resolution No. 66,888-N.S.) while in 2025 additional funds were added to pay the remaining invoice for 2025 (Resolution 71,938-N.S.). While it is customary for the City to extend Requests for Proposals to manage expenditures of this size and duration, AC Transit is the sole public transit provider able to meet the program requirement and the City must execute a contract directly with the public agency.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
By maintaining the AC Transit EasyPass Program, the City is reducing vehicle miles traveled in individual vehicles and reducing associated greenhouse gasses by encouraging staff to utilize public transit.

RATIONALE FOR RECOMMENDATION
The EasyPass program is an employee benefit that staff rely on to get to and from work since 2002. As part of the commuter benefits program, the AC Transit EasyPass provides eligible employees with unlimited access to public transit. This initiative supports the City’s strategic goals related to sustainability, equity, and workforce well- being by encouraging public transportation use, reducing traffic and emissions, and improving access to affordable commuting options. The program also strengthens recruitment and retention efforts and may offer tax efficiencies under IRS commuter benefit guidelines.

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Contract: Alameda-Contra Costa County Transit District CONSENT CALENDAR October 28, 2025

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ALTERNATIVE ACTIONS CONSIDERED
There is not another public transit agency that can provide the associated services within this contract. This is an ongoing benefit provided to City staff, which staff rely on to commute to their associated City workplaces.

CONTACT PERSON
Janelle Rodrigues, Director of Human Resources, Human Resources, (510) 981-6807 Attachments:
1: Resolution

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

ALAMEDA-CONTRA COSTA COUNTY TRANSIT DISTRICT (AC TRANSIT) FOR EASYPASS PROGRAM 2026-2028
WHEREAS, in January 2002 the City and AC Transit formed a partnership to establish an employee transit pass program to provide all eligible City employees unlimited rides on all AC Transit buses; and
WHEREAS, the concentration of public bus service in Berkeley and the size of the City's workforce support an employee pass program with the Alameda-Contra Costa Transit District (AC Transit); and
WHEREAS, the EasyPass program is a proven and popular benefit encouraging use of public transit for City employees, and contributing to reduction in the use of single occupancy vehicles for work and recreational travel; and WHEREAS, by continuing to provide this employee benefit program, the City remains a model employer for Berkeley businesses required to offer a Commuter Benefit Program (Berkeley Municipal Code 9.88) or Trip Reduction Information Program; and WHEREAS, since forming a partnership in 2002 to establish the EasyPass (then EcoPass) Program, the City of Berkeley and AC Transit have offered employees unlimited usage passes for all AC Transit local and Transbay buses; and WHEREAS, the Council has approved extension of the program since its inception in 2002, again in 2015 (Resolution No. 66,888-N.S.), in 2021 (Resolution 69,663-N.S.), and most recently has authorized adding funds to pay for the remaining costs of the program in 2025 (Resolution 71,938-N.S); and
WHEREAS, the current contract expires December 31, 2025, and a new contract is needed for the 2026-2028 period in a not to exceed amount of $572,717.00.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager, or designee, is authorized to execute a contract with the Alameda- Contra Costa County Transit District (AC Transit) for the continuation of the EasyPass annual bus transit pass program for City of Berkeley employees for the period covering 2026-2028 in a not to exceed amount of $572,717.00 for the duration of the three year contract.

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

CONSENT CALENDAR
October 28, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Kevin Fong, Director, Information Technology Subject: Waiver of Sanctuary City Contracting Ordinance to Contract with Superion LLC (a CentralSquare company) for FUND$ Software Maintenance and Support

RECOMMENDATION
Adopt a Resolution waiving the contract prohibition of Chapter 13.105, Sanctuary City Contracting, in order to continue contracting with Superion LLC (a CentralSquare company, aka “Superion”) for software maintenance and support of the FUND$ system, which is critical to the City’s operations.

CURRENT SITUATION AND ITS EFFECTS
The City seeks a Council waiver for the Sanctuary City Contracting Ordinance to finalize a contract with Superion, the sole vendor for the proprietary, mission-critical FUND$ system (30 years of use managing revenue, taxation, and land management).

While Council approved the contract in December 2023 (Res. 71,133-N.S.) and later an amendment for $592,500 total spending in June 2025 (Res. 71,795-N.S.), the administrative contract process was never completed. A new contract is required where one did not previously exist. As part of the contract process, when asked to accept the City’s updated contract boilerplate, Superion refused to sign the Sanctuary City form.

Superion falls under the scope of the Sanctuary City Contracting Ordinance (BMC

13.105) because it serves Federal agencies, however, when asked if they conduct data brokering and extreme data vetting to agencies such as ICE, they responded:
"CentralSquare does not currently provide the covered services to ICE. As a public safety vendor, we cannot agree to preclude ourselves from potentially providing these services in the future."
Given the lack of any reasonable alternative vendor to maintain this essential platform, Council approval of a waiver is required under Berkeley Municipal Code Chapter 13.105 to prevent catastrophic disruption to City operations.

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CONSENT CALENDAR
October 28, 2025

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BACKGROUND
The City implemented the Superion system in the 1990’s and has since built extensive processes, data management, and financial workflows around it. The system integrates deeply into City operations, and replacement requires a multi-year procurement and implementation effort which is currently underway.

Superion is widely used across state and local governments, as well as by some Federal agencies. As the proprietary vendor, it retains exclusive rights and ability to maintain, patch, and support the City’s installation. Because no third party can provide equivalent services, the City has no alternative but to continue this contract.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
A contract with Superion involves only the provision of software maintenance and support services. There are no identifiable environmental impacts.

RATIONALE FOR RECOMMENDATION
The City depends on the FUND$ system to carry out essential financial and land management operations. No other vendor can provide maintenance and support, and interruption of services would significantly impair the City’s ability to collect revenue, manage land records, and administer taxes.

ALTERNATIVE ACTIONS CONSIDERED
None. No alternative vendors are available, and replacement of the system is not feasible in the short term. Staff do not recommend continuing to use this critical software without software maintenance and support.

CONTACT PERSON
Kevin Fong, Director, Information Technology, (510) 981-6541 Attachments:
1: Resolution

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

ADOPT A RESOLUTION WAIVING THE CONTRACT REQUIREMENTS OF THE SANCTUARY CITY CONTRACTING ORDINANCE PURSUANT TO CHAPTER 13.105

OF THE BERKELEY MUNICIPAL CODE, IN ORDER TO CONTRACT WITH SUPERION LLC FOR MAINTENANCE AND SUPPORT OF THE CITY’S LEGACY

ENTERPRISE SYSTEM
WHEREAS, the City of Berkeley has used the Superion LLC (“Superion”) enterprise system for more than 30 years to support Accounts Receivable/General Billing, Tax System, and Land Management operations; and
WHEREAS, Superion is the sole provider of licensing, maintenance, and support for this proprietary system; and
WHEREAS, no alternative vendor exists that can maintain and support the City’s existing system, and replacement is not feasible in the short term; and WHEREAS, pursuant to Ordinance No. 7,650-N.S. and Chapter 13.105, the Sanctuary City Contracting Ordinance, Council may grant a waiver upon determining that no reasonable alternative exists; and
WHEREAS, continuation of this contract is essential to maintaining financial stability, tax collection, and land management functions for the City.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that a waiver of the “no-contract” provision of BMC Section 13.105 is approved in order for the City to continue its contract with Superion LLC for software maintenance and support services.

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

CONSENT CALENDAR
October 28, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Scott Ferris, Director, Parks Recreation and Waterfront Subject: Amendment to Ground Lease with East Bay Regional Park District at 400 Gilman Street (Tom Bates Regional Sports Complex)

RECOMMENDATION
Adopt first reading of an Ordinance authorizing the City Manager to execute an amendment to the Ground Lease with East Bay Regional Park District for the Tom Bates Regional Sports Complex at 400 Gilman Street extending the term to December 31, 2053 and includes improvements to be constructed by the City.

FISCAL IMPACTS OF RECOMMENDATION
There are no direct fiscal impacts associated with the execution of the proposed amendment to the Ground Lease.

CURRENT SITUATION AND ITS EFFECTS
In 2007, the City entered into a Ground Lease with East Bay Regional Park District (EBRPD), who owns the property at 400 Gilman Street, to develop and operate what would become the Tom Bates Regional Sports Complex for a period of 25 years. The City completed construction of the sports complex in 2008, initially including two artificial turf fields and parking areas. In 2009 and 2010, additional lease amendments expanded the leased area and authorized the City to develop additional sports fields. The Tom Bates Regional Sports Complex has since become one of the most highly used sports facilities in the region, serving around 19,000 youth and adult athletes every year.

This proposed amendment extends the lease term to 2053, and the City would continue to have an option to extend the Ground Lease up to an additional 25 years upon mutual agreement. The amendment also incorporates the improvements planned to the Sports Complex, including restrooms, a meeting facility, a storage room, up to eight pickleball courts, and a grass youth soccer field. These improvements advance the City’s Strategic Plan goal of providing state-of-the-art, well-maintained infrastructure, amenities, and facilities.

On February 7, 2023, the East Bay Regional Park District Board of Directors approved this lease amendment, (Reso. No. 2023-02-025, attached). The City Manager needs Council authorization to sign the lease amendment.

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Amendment to Ground Lease with EBRPD CONSENT CALENDAR
October 28, 2025

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BACKGROUND
In 2003, Council adopted Resolution No. 62,291-N.S. to execute a joint powers agreement (JPA) between the City of Berkeley and the cities of Albany, El Cerrito, Emeryville, and Richmond to develop and operate sports fields on what would become the Tom Bates Regional Sports Complex on the property at 400 Gilman Street owned by the East Bay Regional Park District (EBRPD).

In 2004, Council adopted Resolution No. 62,736-N.S. to execute JPA No. 2, which names the City of Berkeley as the project lead for the “Gilman Project”; and Resolution No. 62,737-N.S. to execute a Cooperative Funding Agreement between the City and EBRPD to enable the City to design and construct the sports fields and facilities. In 2007, Council adopted Ordinance No. 6,978-N.S., where the City entered a 25-year Ground Lease with EBRPD for the 400 Gilman Street property. The Ground Lease allowed the City to start construction of the Tom Bates Regional Sports Complex, and to operate and maintain the facility once developed.

The Ground Lease has since been amended twice in 2009 and 2010. These amendments added 11,027 square feet of land to the Premises and approved additional sports field development.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The Ground Lease term extension is categorically exempt from California Environmental Quality Act (CEQA) requirements for preparing and processing environmental documentation pursuant to Section 15301 of State CEQA Guidelines, which in part exempts the leasing of existing public facilities.

On March 25, 2025, Council adopted Resolution No. 71,707-N.S., which adopts the Initial Study/Mitigated Negative Declaration and the Mitigation Monitoring and Reporting Plan for the Tom Bates Regional Sports Complex Restroom and Community Space Project, in accordance with CEQA.

RATIONALE FOR RECOMMENDATION
This project will add much-needed facilities in the Sports Complex, such as restrooms, a meeting facility, a storage room, up to eight pickleball courts, and a grass youth soccer field.

ALTERNATIVE ACTIONS CONSIDERED
None

CONTACT PERSON
Scott Ferris, Director, Parks Recreation and Waterfront, 981-6700 Attachments:
1: Ordinance
Exhibit A: Amendment #3 to Ground Lease: Tom Bates Regional Sports Complex
Exhibit B: East Bay Regional Park District Ordinance No. 2023-02-025

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ORDINANCE NO. -N.S.

AMENDMENT TO THE GROUND LEASE AT 400 GILMAN STREET (TOM BATES

REGIONAL SPORTS COMPLEX)
BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. FINDINGS:

1. City Council adopted Ordinance No. 6,978-N.S. on May 24, 2007, which authorized the City Manager to enter into a Ground Lease with East Bay Regional Park District for real property located at 400 Gilman Street, also known as the Tom Bates Regional Sports Complex.

2. The City and East Bay Regional Park District executed an Amendment to the Ground Lease dated April 20, 2009, and a second Amendment to the Ground Lease dated June 30, 2010. These amendments added 11,027 square feet of land to the Premises and approved additional sports field development.

3. The East Bay Regional Park District adopted Ordinance No. 2023-02-025 on February 7, 2023, which authorized the agency’s General Manager to amend the Ground Lease as set forth in Exhibit A.

4. The City will construct improvements on the property, which include a meeting room, bathrooms, plaza, storage room, up to eight pickleball courts, a grass youth soccer field, and associated ramps, stairs, fences, and gates. Construction of these improvements may not commence until the Amendment to the Ground Lease is executed by the City Manager.

Section 2. AUTHORIZATION FOR CITY MANAGER TO EXECUTE AN AMENDMENT TO THE GROUND LEASE AT 400 GILMAN STREET.

The City Manager is hereby authorized to execute an amendment to the Ground Lease with East Bay Regional Park District for real property located at 400 Gilman Street, also known as the Tom Bates Regional Sports Complex. Such amendment shall be on substantially the terms set forth in Exhibit A.

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.

Exhibits
A: Amendment #3 to Ground Lease: Tom Bates Regional Sports Complex B: East Bay Regional Park District Ordinance No. 2023-02-025

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AMENDMENT #3 TO GROUND LEASE
Tom Bates Regional Sports Complex
This Third Amendment to the Ground Lease executed March 20th, 2007 is made by and between the East Bay Regional Park District, a California special district (“District”) and the City of Berkeley, a political subdivision of the State of California, hereinafter called (“Lessee”), together the “PARTIES”.

RECITALS
WHEREAS, District is the owner of that certain 15.73-acre property (hereinafter called “Premises”) in the City of Berkeley, adjacent to Gilman Street and the Interstate 80 Frontage Road, also identified as Alameda County Assessor’s Parcel Number 060 -2529-001-06; and WHEREAS, the District and Lessee executed a Ground Lease (“Lease”) in 2007, granting to the Lessee the right to develop and operate public sports fields and related facilities upon the Premises through March 19th, 2032. The Lessee opened the Tom Bates Regional Sports Complex in 2008 ; and
WHEREAS, the District and Lessee entered into a First Amendment to the Ground Lease dated April 20, 2009, and a Second Amendment to the Ground Lease dated June 30, 2010. These amendments added 11,027 square feet of land to the Premises and approved additional sports field development; and
WHEREAS, the Measure T1 bond ordinance passed by Berkeley voters in 2016 requires that the Lessee have in place a formal land tenure agreement for the 30 -year length of the bond, necessitating an extension of the Ground Lease term; and WHEREAS, the Gilman Street / Interstate 80 Interchange Improvement Project, initiated by the Alameda County Transportation Commission, in collaboration with the Lessee and the District, has resulted in the construction of a new segment of the San Francisco Bay Trail upon the northern portion of the Premises; and
WHEREAS, the District is planning to develop its adjacent North Basin Strip property with a variety of recreational amenities including a public restroom, and will therefore require the installation of a sanitary sewer line across the Premises.

Now, therefore, the PARTIES agree as follows:

AMENDMENT
Pursuant to East Bay Regional Park District Board of Directors Resolution No. 2023 -02-025, adopted on February 7, 2023, the District and Lessee agree as follows:

Exhibit A

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1. Section 2.1 of the Lease is replaced in its entirety with the following:

Term. The term of this Lease (“Term”) shall commence on March 20, 2007 (“Commencement Date”) and shall expire on December 31, 2053. The expiration of the Term or the sooner termination of this Agreement shall be referred to as “Lease Termination.”

2. Section 5.1.3 of the Lease is replaced in its entirety with the following:

Subsequent Improvements. The “Phase Two Improvements” include a meeting room, bathrooms, plaza, storage room, six pickleball courts, grass soccer field, and associated ramps, stairs, fences, and gates and are depicted in Exhibit A to this Amendment. Lessee shall bear the sole cost of constructing the Phase Two Improvements. The Lessee’s Phase Two Improvements shall include a gate for a future connection to the North Basin Strip area and a sanitary sewer line extension to an agreed upon point along the boundary between the Premises and the District’s North Basin Strip property. The District and Lessee shall pay for installation costs and service charges of the sanitary sewer line extension on a pro-rata basis as described in 4.4 of the Lease.

3. Section 5.2 of the Lease is replaced in its entirety with the following:

Design Approval; Construction Plans . For any new Improvements to the Premises, Lessee shall submit 30% construction or other plans to the District for review and conceptual approval, which will not be unreasonably withheld , additionally Lessee shall submit 95% plans for review for consistency with Park District standards prior to permit application. Lessee shall be responsible for obtaining all required building inspections and permits as applicable , as well as complying with all applicable laws . Lessee shall submit as-built designs to the District after the Improvements are complete.

4. Section 5.3 of the Lease is replaced in its entirety with the following:

Bids; Awards of Contracts . Lessee shall comply with all applicable requirements regarding competitive bidding for the Project. To the extent that any cost -share between the Lessee and District applies, Lessee shall present estimated costs to the District at least 60 days in advance of the start of work.

5. Section 5.4 of the Lease is replaced in its entirety with the following:

Changes and Alterations to Approved Construction Plans . Lessee shall notify the District of any major changes to the approved plans during construction and shall cloud changes in the as-built drawings.

REAFFIRMATION OF GROUND LEASE

The PARTIES hereby acknowledge and agree that the Lease, as modified by this Third Amendment, is hereby reaffirmed, ratified, and confirmed in its entirety. Except as modified by this Amendment, the terms and provisions of the Lease shall remain unchanged and in full force and effect. If there is any conflict between the terms and provisions of the Lease and this Amendment, the terms and provisions of this Amendment shall control and prevail.

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IN WITNESS HEREOF, the PARTIES have fully executed this Amendment as of the date last signed below.

CITY OF BERKELEY

By: _________________________
Paul Buddenhagen, City Manager

Attest:

By:_________________________
Mark Numainville, City Clerk

Approved as to Form:

By: _________________________

EAST BAY REGIONAL PARK DISTRICT

By: ___________________________
Sabrina Landreth, General Manager

Approved as to Form:

By:______________________________
Jason Rosenberg, Assistant General Counsel

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GROUND LEASE PREMISES
ALAMEDA COUNTY APN 060-2529-001-06

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Exhibit B Page 8 of 10

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Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7010 E-Mail: [email protected] Website: http://www.ci.berkeley.ca.us

CONSENT CALENDAR
October 28, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Scott Ferris, Director, Parks Recreation & Waterfront Subject: Contract No. 32200098 Amendment: ERA Construction, Inc. for O & K Docks Electrical Upgrades Project

RECOMMENDATION
Adopt a resolution authorizing the City Manager to execute an amendment to Contract No. 32200098 with ERA Construction, Inc. for the O & K Docks Electrical Upgrades Project, increasing the amount by $666,600 for an amended total amount not to exceed $2,133,600.

FISCAL IMPACTS OF RECOMMENDATION
This contract amendment will add an additional $666,600 to the existing construction contract with ERA Construction, Inc. to cover the change orders needed to complete the project. FY 2026 funding for this contract amendment will be recommended for appropriation through the first amendment to the appropriations ordinance to carry over prior FY project funds in Marina Fund (Fund 608), General Fund (011), and Measure T1 (511). No other funding is required, and no other projects will be delayed due to this expenditure.

CURRENT SITUATION AND ITS EFFECTS
Due to unforeseen underground utility conditions and new utility permit requirements, the proposed new landside electrical supply equipment (switchboard panel) that serves K Dock slips and restroom and L&M Dock slips needs to be redesigned and relocated.

In addition, decking replacement is required at F&G Dock. The City has negotiated these change orders with ERA Construction, Inc. and Council authorization is required in order to implement the work.

BACKGROUND
The O & K Docks Electrical Upgrades Project was advertised for bids on Wednesday, April 21, 2021, and bids were opened on May 18, 2021. The City received two bids, from a low bid of $1,117,980 to a high bid of $1,480,200 for base bid work. Staff determined that ERA Construction, Inc. was the lowest responsive and responsible bidder and executed contract number 32200098 to implement the project. On May 9,

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Contract No. 32200098 Amendment: ERA Construction, Inc. for CONSENT CALENDAR O & K Docks Electrical Upgrades Project October 28, 2025 2 2023 and on May 7, 2024, the contract was amended, adding an additional $267,000 for a total amount not to exceed amount of $1,467,000 (Resolution No. 70,826-N.S. & 71,315-N.S.).

The purpose of this project is to replace the outdated electrical systems at O-Dock and K-Dock with upgraded systems that meet current building codes. The electrical load rating at O-Dock will be upgraded from 600AMP to 800AMP to accommodate future demands at the Marina. The project includes the following components: new dock- mounted utility pedestals for electrical and potable water connections linked to a central communication system and integrated lighting, new dock boxes, new conductor wires, new dock-mount power stations (transformers), and new landside switchboard

enclosures. The upgraded switchboard enclosures will provide more reliable and enhanced electrical services to not only O & K docks but to L, M, N docks and two restroom buildings as well. F&G Dock was constructed in the late 1990’s to provide 118

rentable boat slips. The timber decking has reached the end of its useful life. Most of deck boards have dry rotted with splits and they can no longer be fastened to the docks

securely and must be replaced.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The construction contract includes requirements to comply with the City’s Environmentally Preferable Purchasing Policy. The work will also comply with the conditions contained in the Bay Conservation Development Commission (BCDC) Permit, and City of Berkeley Building Permit.

RATIONALE FOR RECOMMENDATION
This project is part of the City’s ongoing effort to update and maintain the deteriorated infrastructure at the Berkeley Marina. The project will help the City advance Strategic Plan Long-term goal number 1 to provide state-of-the-art, well-maintained infrastructure, amenities, and facilities. This increase to the contract is necessary to address

unforeseen utility conditions and emergency decking replacement at F&G Dock. The City does not have the in-house labor or equipment resources to complete these construction activities.

ALTERNATIVE ACTIONS CONSIDERED
None

CONTACT PERSON
Scott Ferris, Director, Parks Recreation & Waterfront, (510) 981-6700 Nelson Lam, Supervising Civil Engineer, PRW, (510) 981-6395 Attachments:
1: Resolution

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

CONTRACT NO. 32200098 AMENDMENT: ERA CONSTRUCTION, INC. FOR THE

O & K DOCKS ELECTRICAL UPGRADES PROJECT
WHEREAS, the existing electrical systems at O and K Docks at the Berkeley Marina are outdated and in need of upgrades in order to provide reliable and safe electrical services to the slips; and
WHEREAS, the City has neither the labor nor the equipment necessary to undertake this construction work; and
WHEREAS, an invitation for bids was duly advertised on April 21, 2021, and bids were opened on May 18, 2021, and the City received two bids; and WHEREAS, ERA Construction, Inc. was determined to be the lowest responsive and responsible bidder, and references for ERA Construction, Inc. were provided and checked out satisfactorily; and
WHEREAS, the contract with ERA Construction, Inc. for the O & K Docks Electrical Upgrades Project was executed on November 2, 2021 for a total amount not to exceed $1,200,000, including a construction contingency (Resolution No. 69,951-N.S.); and WHEREAS, two contract amendments have been executed to date to address unanticipated existing conditions and conflicts, resulting in a current total contract value of $1,467,000; and
WHEREAS, unforeseen underground utility conditions, new utility permit procedures, and deck replacement work require additional funds to complete the work; and WHEREAS, FY 2026 funding for this contract amendment will be recommended for appropriation through the first amendment to the appropriations ordinance to carry over prior FY project funds in Marina Fund (Fund 608), General Fund (011), and Measure T1 (511). No other funding is required, and no other projects will be delayed due to this expenditure.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to execute an amendment to Contract No. 32200098 with ERA Construction, Inc. for the O & K Docks Electrical Upgrades Project, increasing the contract amount by $666,600 for a total amended amount not to exceed $2,133,600. A record signature copy of any amendments to be on file in the Office of the City Clerk.

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

CONSENT CALENDAR
October 28, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Scott Ferris, Director, Parks, Recreation & Waterfront Subject: Contracts: On-Call Waterfront Engineering, Design, Environmental Permitting and Construction Administration Services for Capital Improvement Projects at the Berkeley Waterfront

RECOMMENDATION
Adopt five Resolutions authorizing the City Manager to execute contracts and any amendments with the following firms for on-call waterfront engineering, design, environmental permitting and construction administration services for capital improvement projects at the Berkeley Waterfront, for contract periods of December 1, 2025 through November 30, 2028:

1. COWI North America, Inc., for an amount not to exceed $1,000,000.

2. Foth & Van Dyke and Associates, Inc., for an amount not to exceed $1,000,000.

3. GFT Infrastructure, Inc., for an amount not to exceed $1,000,000.

4. GHD Inc., for an amount not to exceed $1,000,000.

5. Moffatt & Nichol, for an amount not to exceed $1,000,000.

FISCAL IMPACTS OF RECOMMENDATION
Initial funding for the consultant contracts will be recommended for appropriation through the FY 2026 first amendment to the appropriations ordinance in the General Fund (Fund 011)
, Marina Fund (Fund 608), and State Coastal Conservancy Grant Fund (Fund 336).

Funding for these contracts are subject to appropriation in future fiscal years based on the department’s needs for waterfront engineering, design, environmental permitting and construction administration services.

CURRENT SITUATION AND ITS EFFECTS
Over the next several years, the Waterfront Capital Projects Division of the Parks, Recreation & Waterfront Department is expecting significantly increased workloads, resulting from deferred maintenance, ongoing capital projects, and outside grants.

The On-Call Waterfront consultants possess the specialized technical, permitting and environmental compliance expertise needed for waterfront capital projects.

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Contracts for On-Call CIP Services for Waterfront Projects CONSENT CALENDAR October 28, 2025

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The City has used on-call consultants in the past to design and manage projects to supplement City staff. These include situations where the nature of the work is specialized such as landscape architectural design, architectural design, civil engineering design, electrical design, mechanical design, structural engineering, permitting, construction administration, inspections, and commissioning of systems. On- call consultants have also enabled the City to meet tight schedules when short-term work needs to be addressed. On-call contracts will provide adequate design and consulting services when needed and not expose the City to the long-term burden of hiring additional staff and creating significant overhead.

BACKGROUND
Requests for Qualifications (RFQ) were issued on June 11, 2025 seeking qualified firms or individuals to provide on-call waterfront engineering, design, environmental permitting and construction administration services for capital improvement projects. On July 29, 2025, the City received seven proposals from professional consultant firms. A panel of City staff reviewed the proposals and reviewed, evaluated, and ranked the firms according to the criteria in the RFQ. After evaluation by the review panel, COWI North America, Inc., Foth & Van Dyke and Associates, Inc., GFT Infrastructure, Inc., GHD Inc., and Moffatt & Nichol were selected as the best qualified to provide these services.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no anticipated negative environmental effects of this action. The execution of these contracts will help ensure successful completion of several ongoing waterfront capital improvement projects that will incorporate the sourcing of sustainable and renewable resources used in construction projects, as well as complying to all regulatory agency requirements such as Bay Conservation Development Commission, Fish and Wildlife, Army Corp of Engineers, and Regional Water Control Board. This promotes environmental sustainability and meets the Strategic Plan goal of providing state-of-the- art, well-maintained infrastructure, amenities, and facilities.

RATIONALE FOR RECOMMENDATION
The teams assembled by COWI North America, Inc., Foth & Van Dyke and Associates, Inc., GFT Infrastructure, Inc., GHD Inc., and Moffatt & Nichol are highly qualified. They have particular expertise in fulfilling the criteria stated in the Request for Qualifications.

ALTERNATIVE ACTIONS CONSIDERED
None.

CONTACT PERSON
Scott Ferris, Director, Parks, Recreation & Waterfront, 981-6711 Nelson Lam, Supervising Civil Engineer, Parks, Recreation & Waterfront, 981-6395 Attachments:
1: Resolution for contract with COWI North America, Inc. 2: Resolution for contract with Foth & Van Dyke and Associates, Inc. 3: Resolution for contract with GFT Infrastructure, Inc. 4: Resolution for contract with GHD, Inc.
5: Resolution for contract with Moffatt & Nichol

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RESOLUTION NO.:-N.S.

CONTRACT: COWI NORTH AMERICA, INC. FOR ON-CALL WATERFRONT

ENGINEERING, DESIGN, ENVIRONMENTAL PERMITTING AND CONSTRUCTION

ADMINISTRATION SERVICES FOR CAPITAL IMPROVEMENT PROJECTS WHEREAS, on June 11, 2025, the City released a Request for Qualifications (Specification No. 25-11753-C) seeking firms or individuals to provide on-call waterfront engineering, design, environmental permitting and construction administration services for capital improvement projects at the Berkeley Waterfront; and WHEREAS, on July 29, 2025, the City received seven submissions, which were reviewed and ranked
by a panel according to the criteria in the Request for Qualifications; and
WHEREAS, based on the results of the rating of the submission, COWI North America, Inc. has been found by has been found to be fully qualified and responsive to the City’s request; and
WHEREAS, funding will be identified and requested for appropriation as projects arise.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to approve a contract and any amendments with COWI North America, Inc. for on-call waterfront engineering, design, environmental permitting and construction administration services for capital improvement projects for the contract period of December 1, 2025 through November 30, 2028 in an amount not to exceed $1,000,000. A record signature copy of said contract and any amendments to be on file in the Office of the City Clerk.

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Berkeley City CouncilOctober 28, 2025

Berkeley City Council
October 28, 2025