Berkeley City Council
November 18, 2025

FY 2025 Unencumbered Carryover and FY 2026 Adjustments (AAO#1) Attachment 2 Item # Fund # F und Name Department Recommended
Carryover
Recommended
Adjustments Project Number Description/Project name Comments/Justification 196 302 Operating Grants - State Health Housing, and
Community Services
62,500 Prohousing Incentive Program
(PIP) admin/Personnel
Appropriate funding adding admin funds from Prohousing
Incentive Program (PIP) award.
197 302 Operating Grants - State Health Housing, and
Community Services
1,250,000 Prohousing Incentive Program
(PIP) Funds being added to
active contract
Appropriate retroactive funding adjustment for contract #32500118 California Street Apartments. Prohousing Incentive Program (PIP) funds must be spent by FY26
302 Total 0 5, 428,823
198 306 Capital Grants - State Public Works 108,023 PWTRCS2203 University Ave Bus Stop Appropriate funding for University Ave Bus Stop project 199 306 Capital Grants - State Public Works 434 PWTRCS2202 Shattuck -MLK Bust Stops Appropriate funding for Shattuck -MLK Bust Stops project 200 306 Capital Grants - State Public Works 250,000 PWTRBP2202 HSIP Sacramento Ped Xing Appropriate funding for HSIP Sacramento Ped Xing project 201 306 Capital Grants - State Public Works 1,769,100 PWTRBP2205 Woolsey-Fulton Bike Blvd STI Funds
Appropriate funding for Woolsey-Fulton Bike Blvd STI Funds project
202 306 Capital Grants - State Public Works 550,360 PWTRCS2202 Shattuck-MLK Bus Stops Appropriate funding for Shattuck-MLK Bus Stops project 203 306 Capital Grants - State Public Works 99,000 PWTRCS2401 Addison Street Bicycle Blvd PH2
Appropriate funding for Addison Street Bicycle Blvd PH2 project 204 306 Capital Grants - State Public Works 30,000 PWTRCS2501 Washington Elem & Berkeley High
Appropriate funding for Washington Elem & Berkeley High project
306 Total 2,698,460 108, 457
205 307 CA Grant-LC Parks, Recreation, and
Waterfront
631,735 PRWWF24002 Berkeley Pier w/Ferry Access
Project
Carryover ACTC grant funds for design of Berkeley Pier w/Ferry Access project.
206 307 CA Grant-LC Public Works 2,520,159 PWTRBP2204 Ohlone Green Modification & Safety Project
Appropriate funding for Ohlone Green Modification & Safety Project
207 307 CA Grant-LC Public Works 2,644,183 PWTRBP2204 Various Carryover Grant Funding for Ohlone Modification & Safety Project, Telegraph Study & PE, and Adeline St. Transportation Improvement-MLK to Oak
307 Total 3,275,918 2, 520,159

FY 2025 Unencumbered Carryover and FY 2026 Adjustments (AAO#1) Attachment 2 Item # Fund # F und Name Department Recommended
Carryover
Recommended
Adjustments Project Number Description/Project name Comments/Justification 208 309 OTS DUI Enforcement Police 240,000 Office of Traffic Safety Grant Appropriate funds for FY 2026 (PT26214) Office of Traffic Safety Grant that provides funding to support education and enforcement for primary collision factors, impaired drivers, and Specialized enforcement operations like Pedestrian Safety, Motorcycle Safety, and other nationwide awareness campaigns for roadway users safety.
309 Total 0 240, 000
209 312 Health (General) Health Housing, and
Community Services
2,377 California Home Visiting
Program
Appropriate funding Increasing California Home Visiting Program budget to full grant award.
312 Total 0 2,377
210 315 Mental Health Services
Act
Health Housing, and
Community Services
205,662 BHCIP Capital Improvement
match for MH Services
Appropriate funding to fund match for BHCIP capital
improvement application for Mental Health services at 2636 MLK Jr. MHSA FY26 update Resolution #71,914
211 315 Mental Health Services
Act
Health Housing, and
Community Services
82,000 MH-SAHA lease CT# 109674-1
(FUND$ 10271)
Appropriate funding for rent payment for Mental Health-SAHA lease Contract# 109674-1.
212 315 Mental Health Services
Act
Health Housing, and
Community Services
437,500 Alameda County Behavioral
Health Care Services
(ACBHCS)
Appropriate fund for Contract No.32200130 Amendment -
Alameda County Behavioral Health Care Services (ACBHCS) for Wellness Center located at 1909 University Avenue
315 Total 0 725, 162
213 316 Health (Short/Doyle) Health Housing, and
Community Services
82,000 MH-SAHA lease CT# 109674-1
(FUND$ 10271)
Appropriate funding for rent payment for MH-SAHA lease
Contract# 109674-1. Contract amendment scheduled for the 10/14/25 city council meeting.
316 Total 0 82, 000
214 318 ABC Grant Police 16,000 Alcoholic Beverage Control Grant
Appropriate fund for FY 26 Alcohol Beverage Control (ABC) Grant to educate Alcohol sellers, community members, and provide funding for overtime enforcement of Alcoholic Beverage sales laws.
318 Total 0 16,000
215 320 Sr. Nutrition (Title III) Health Housing, and
Community Services
20,561 AAA C1 Congregate Meals
Grant
FY26 Approved budget: C1 Congregate Meals
216 320 Sr. Nutrition (Title III) Health Housing, and
Community Services
11,154 AAA C2 Meals on Wheels Grant FY26 Approved budget: C2 Meals on Wheels 320 Total 0 31,715
217 321 C.F.P. Title X Health Housing, and
Community Services
120,000 HHPTIX2401 Title X Grant Appropriate Reinstated Title X Grant Funding 321 Total 0 120,000

FY 2025 Unencumbered Carryover and FY 2026 Adjustments (AAO#1) Attachment 2 Item # Fund # F und Name Department Recommended
Carryover
Recommended
Adjustments Project Number Description/Project name Comments/Justification 218 326 Alameda County Grants Health Housing, and
Community Services
160 MSA Tobacco Master
Settlement Grant
Appropriate Increase funding to full allocation. FY26 Resolution #71,765
326 Total 0 160
219 327 Sr. Supportive Social
Services
Health Housing, and
Community Services
49,130 AAA I&A Information &
Assistance Grant
Appropriate funding for FY26 Approved budget: I&A Information & Assistance grant
327 Total 0 49,130
220 328 Family Care Support
Program
Health Housing, and
Community Services
50,805 AAA FCA Family Caregiver
Support Program Grant
Appropriate funding for FY26 Approved budget: FCA Family Care
221 328 Family Care Support
Program
Health Housing, and
Community Services
13,629 AAA SCA Senior Center
Activities Grant
Appropriate funding for FY26 Approved budget: SCA Senior Center Activities
328 Total 0 64,434
222 331 Housing Mitigation Health Housing, and
Community Services
1,853 HTF Rehab loans Appropriate funding for Housing Trust Fund Request for Proposal reservations for Adeline Street Apartments and Ashby Lofts (Reso 71,846). New/pending reservations, with loan closings estimated in November 2025 and early 2026.
223 331 Housing Mitigation Health Housing, and
Community Services
183,479 Small Sites Program funding Carryover funding for Unallocated FY25 Small Sites Program funds (approved in FY25 budget). Available through an active NOFA.
224 331 Housing Mitigation Health Housing, and
Community Services
1,179,015 2321 Tenth Street project -
correcting existing encumbrance
Appropriate funding for 2321 Tenth Street (Reso 71,087).

Contract was not fully/correctly encumbered at time of
amendment. Corrections pending.
331 Total 183,479 1,180,868
225 333 CalHOME Program Health Housing, and
Community Services
60,000 SDRLP Loans funded with
CalHome Reuse Funds
Appropriate funding for FY26 SDRLP Loans (00-CalHome-
0018 & 03-CalHome-014), funded with reuse funds revenue previously received.
226 333 CalHOME Program Health Housing, and
Community Services
3,000 SDRLP funds for Placer Title
Company
Appropriate funding for title processing of upcoming SDRLP Loans, reuse funds
333 Total 0 63,000
227 334 CSBG Health Housing, and
Community Services
10,700 CSBG Lifelong Contract
Adjustment
Appropriate funding for FY26 funds for contract 32500068 334 Total 0 10,700
228 336 One-Time Grant City Manager 2,800,000 Proposition 47 Cohort 5 Grant Award
Appropriate FY 2026 amount needed from the Proposition 47 Cohort 5 Grant Award from the Board of State and Community Corrections. Resolution: No. 71,963–N.S.
229 336 One-Time Grant City Manager 40,000 Appropriate funds for C4AA unspent contract balance

FY 2025 Unencumbered Carryover and FY 2026 Adjustments (AAO#1) Attachment 2 Item # Fund # F und Name Department Recommended
Carryover
Recommended
Adjustments Project Number Description/Project name Comments/Justification 230 336 One-Time Grant Police 34,000 BSCC Wellness and Mental Health Grant
Appropriate funds for the Boars of State and Community
Corrections (BSCC) Wellness and Mental Health Grant
231 336 One-Time Grant Police 101,783 CHP Cannabis Tax Fund Grant Appropriate fund for FY 26 Cannabis Grant California Highway Patrol grant funding for education and enhanced overtime enforcement for impaired driving and collision reduction funded by the Cannabis tax.
232 336 One-Time Grant Parks, Recreation, and
Waterfront
3,964,670 PRWPK21012 Santa Fe Right-of-Way Carry over Grant funding for Santa Fe Right-of-Way project 233 336 One-Time Grant Parks, Recreation, and
Waterfront
964,158 PRWWF24002 Berkeley Pier w/Ferry Access
Project
Carryover WETA funds for design of project.
234 336 One-Time Grant Fire Department 151,500 FDCCG26 CalFire (State) Grant County Coordinator
Appropriate funding for CAL FIRE County Coordinator Grant Award to fund for a County Coordinator Position that serves as a county-wide liaison to lead the efforts for wildfire safety, concerns and issues.
235 336 One-Time Grant Fire Department 87,600 FDCAD26 Alameda County Sheriff's Office (CAD to CAD)
Appropriate funding for Alameda County Sheriff's Grant Award to fund CAD to CAD interface between the City of Berkeley's Emergency Communications Center and the Alameda County
Regional Dispatch Center.
236 336 One-Time Grant Fire Department 335,667 FDRAP26 CAL FIRE (State) Grant Residence Assistance Program
(RAP)
Appropriate new funding from Cal Fire for Berkeley Hills Defensible Space Resident Assistance Program
237 336 One-Time Grant Public Works 328,023 SB1383 Local Assistance Grant Carryover funds for SB1383 Local Assistance Grant program 238 336 One-Time Grant Public Works 174,290 PWENBM2503 PSB HVAC elect. heat pump replacement
Carryover funds for PSB HVAC elect. Pump replacement
Project
239 336 One-Time Grant Public Works 122,613 PWFMEL2401 RRFB at Shattuck and Berkeley Way
Carryover funds for RRFB at Shattuck= and Berkeley Way
336 Total 5,553,754 3, 550,550
240 340 FEMA Fire Department 14,485 FDFAFG22 FEMA FY22 AFG Grant Grant award remaining for Federal Amount ($763,363.36) to fund two positions (Nutritional Health Specialist and Behavioral Health Specialist) in support of Fire's NFPA 1582/1583 to provide medical and behavioral health support for Firefighters.

FY 2025 Unencumbered Carryover and FY 2026 Adjustments (AAO#1) Attachment 2 Item # Fund # F und Name Department Recommended
Carryover
Recommended
Adjustments Project Number Description/Project name Comments/Justification 241 340 FEMA Fire Department 4,321 FDFAFG22 FEMA FY22 Assistance to Firefighters Grant (AFG)
Carryover funding to fund two positions (Nutritional Health Specialist and Behavioral Health Specialist) in support of Fire's NFPA 1582/1583 to provide medical and behavioral health support for Firefighters.
242 340 FEMA Fire Department 517,150 FD25SAFER FEMA FY24 SAFER (Staffing) Grant- Wages
Appropriate funding for SAFER Grant Salaries for (9)
Firefighters, year 2. These positions are required to address the standards of coverage for critical incidents.
243 340 FEMA Fire Department 265,559 FD25SAFER FEMA FY24 SAFER Grant- Benefits
Carryover funding for SAFER Grant Benefits for (9) Firefighters, year 2. These positions are required to address the standards of coverage for critical incidents.
340 Total 269,880 531, 635
244 344 CALTRANS Public Works 8,637 Various Carryover funds for unallocated account that has funding for multiple projects.
344 Total 8,637 0
245 501 Capital Improvements Parks, Recreation, and
Waterfront
250,000 PRWCP25002 Cazadero Riverbed Erosion Carryover Funds for Cazadero Riverbed Erosion 246 501 Capital Improvements Parks, Recreation, and
Waterfront
95,529 PRWPK25004 James Kenney Restroom Carryover Funds for James Kenney Restroom 247 501 Capital Improvements Parks, Recreation, and
Waterfront
50,000 PRWT122005 Tom Bates
Restroom/Community Space
Carryover Funds for Tom Bates Restroom/Community Space
Project
248 501 Capital Improvements Parks, Recreation, and
Waterfront
33,454 PRWT122013 D and E Dock Replacement Carryover Funds for D and E Dock Replacement 249 501 Capital Improvements Parks, Recreation, and
Waterfront
16,023 PRWWF20011 South Cove West Parking Carryover Funds for South Cove West Parking 250 501 Capital Improvements Parks, Recreation, and
Waterfront
127,029 PRWWF24007 B&C Restroom ADA
Improvements
Carryover Funds for B&C Restroom ADA Improvements
251 501 Capital Improvements Parks, Recreation, and
Waterfront
17 PRWT122001 MLK Jr Youth Services Carryover Funds for MLK Jr Youth Services 252 501 Capital Improvements Public Works 127,318 PWENCB2105 2nd Street STAIR Center ADA Carryover fund for the 2nd Street STAIR Center ADA project 253 501 Capital Improvements Public Works 99,239 PWENCB2310 EBCE Solar & Storage at FS#3 Carryover fund for the EBCE Solar & Storage at FS#3 project 254 501 Capital Improvements Public Works 60,000 PWTRPK2501 Tier 1 funding from council for BART bike shop.

Carryover fund for the BART Bikeshop Project

FY 2025 Unencumbered Carryover and FY 2026 Adjustments (AAO#1) Attachment 2 Item # Fund # F und Name Department Recommended
Carryover
Recommended
Adjustments Project Number Description/Project name Comments/Justification 255 501 Capital Improvements Public Works 210,000 Tier 1 CBR- Vision Zero Rapid and Tier 1 CBR Pedestrian
Safety
Carryover fund for the Vision Zero and Pedestrian Safety 256 501 Capital Improvements Public Works 194,103 PWENBM2501 2180 Milvia Stairwell Tower To complete 2180 Milvia Stairwell Tower projects. 257 501 Capital Improvements Public Works 62,618 PWTRTC2301 Claremont/Eton and Claremont/Russell
To complete Claremont/Eton and Claremont/Russell projects. 258 501 Capital Improvements Public Works 153,175 PWENBM2506 2180 Milvia Carpet Replacement-2nd Floor
To complete 2180 Milvia Carpet Replacement-2nd Floor
projects.
259 501 Capital Improvements Public Works 23,841 PWENBM2311 NBSC Upgrades - Kitchen Data To complete NBSC Upgrades - Kitchen Data projects. 260 501 Capital Improvements Public Works 4,791,937 PWENST2501 FY25 Street Rehab Project To complete FY25 Street Rehab Project 261 501 Capital Improvements Public Works 121,818 PWENBM2203 PSB Bicycle Bunker Roof Repair
To complete PSB Bicycle Bunker Roof Repair projects.
262 501 Capital Improvements Public Works 925,397 PWENEN2001 Corp Yard EV Project To complete council assigned project. Mayor's supplemental budget recommendations. Excess Property Transfer Tax. And FY 2022 Budget Referral - balance of deferral from FY 2021 ($300k).
263 501 Capital Improvements Public Works 6,895 PWENCB2311 Civic Center Vision & Imp Plan Ph2
To make payments to contractor for Civic Center Vision & Imp Plan Ph2 project
264 501 Capital Improvements Public Works 38,540 PWENUD2501 UUD #48 Undergrounding FY26 Increase
Carryover fund for UUD #48 Undergrounding project
265 501 Capital Improvements Public Works 383,267 PWT1ST2202 T1 Phase 2 Bollards Carryover funds to complete T1 Phase 2 Bollards Project 266 501 Capital Improvements Public Works 246,462 PWT1CB2205 Fire Station #6 To complete Fire Station #6 projects. 267 501 Capital Improvements Public Works 201,566 P WT1CB2204 Fire Station #2 To complete Fire Station #2 projects. 268 501 Capital Improvements Public Works 15,000 PWENUD2501 UUD #48 Undergrounding FY26 Increase
To complete Undergrounding Project to be completed by
midyear.
501 Total 8,233,228 0
269 506 Meas M - St and Wtrshd
Imprv
Public Works 367 PWENSD2305 Strawberry Creek Culvert
Repairs
Appropriate funding for Strawberry Creek Culvert Repairs project
270 506 Meas M - St and Wtrshd
Imprv
Public Works 7,633 PWENSD2305 Strawberry Creek Culvert
Repairs
Appropriate funding for Strawberry Creek Culvert Repairs project
271 506 Meas M - St and Wtrshd
Imprv
Public Works 66,589 PWENSD2305 Strawberry Creek Culvert Repairs
Appropriate funding for Strawberry Creek Culvert Repairs project
506 Total 367 74,222

FY 2025 Unencumbered Carryover and FY 2026 Adjustments (AAO#1) Attachment 2 Item # Fund # F und Name Department Recommended
Carryover
Recommended
Adjustments Project Number Description/Project name Comments/Justification 272 511 Meas T1 - Infrastructure Parks, Recreation, and Waterfront
14,038,439 Various Various Carryover FY 2025 capital funding for various PRW capital projects for continuation of projects in FY 2026.
273 511 Meas T1 - Infrastructure Public Works 349,872 PWT1CB2212 T1 Phase 2 CY Deferred Maintenance
Carryover Funds for various Improvements-Gate, paving, and Fuel Island Deferred Maintenance
274 511 Meas T1 - Infrastructure Public Works 2,165,317 PWT1CB2203 1947 Center Street Improvements
Carryover Funds for 1947 Center Street Improvements Project Design and Permitting Phase
275 511 Meas T1 - Infrastructure Public Works 725,785 PWT1CB2205 Fire Station #6 Project Carryover T1 Funds for Fire Station #6 Design and Permitting Phase
276 511 Meas T1 - Infrastructure Public Works 115,000 PWT1ST2202 T1 Phase 2 Bollards Carryover funds from T1 Bollards Project for T1 projects going out to Bid
277 511 Meas T1 - Infrastructure Public Works 1,133,299 PWT1CB2201 T1 Restrooms in the ROW Project
Carryover funds from T1 Bollards Project for T1 projects going out to Bid
278 511 Meas T1 - Infrastructure Public Works 1,151,158 PWT1CB2202 Restrooms in the ROW Carryover funds to complete the Restrooms in the ROW Project 279 511 Meas T1 - Infrastructure City Manager 56,245 Civic Arts T1 portion Carryover T1 Project Funds to pay OED invoices. 280 511 Meas T1 - Infrastructure City Manager 97,755 Civic Arts T1 portion Appropriate T1 Project Funds to pay OED Invoices 281 511 Meas T1 - Infrastructure City Manager 272,116 Civic Arts T1 portion Appropriate T1 Project Funds to pay OED Invoices 282 511 Meas T1 - Infrastructure Public Works 1,222,619 PWT1CB2204 Fire Station #2 Carryover funds to complete the Fire Station #2 project currently in the construction phase
283 511 Meas T1 - Infrastructure Public Works 4,690,638 PWT1CB2203 South Berkeley Senior Center Carryover funds to reallocate to other T1 Projects that need more funding
284 511 Meas T1 - Infrastructure Public Works 97,971 PWT1CB2210 Corp Yard Wash station Carryover funds to reallocate to other T1 Projects that need more funding
285 511 Meas T1 - Infrastructure Public Works 2,047,963 PWT1CB2210 Corp Yard -Bldg. B Carryover funds to reallocate to other T1 Projects that need more funding
286 511 Meas T1 - Infrastructure Public Works 719,260 PWT1CB2211 Corp Yard -Bldg. H Carryover funds to reallocate to other T1 Projects that need more funding
287 511 Meas T1 - Infrastructure Public Works 51,416 PWT1CB2207 Telegraph/Channing Garage Restroom
Carryover funds to reallocate to other T1 Projects that need more funding

FY 2025 Unencumbered Carryover and FY 2026 Adjustments (AAO#1) Attachment 2 Item # Fund # F und Name Department Recommended
Carryover
Recommended
Adjustments Project Number Description/Project name Comments/Justification 511 Total 28,837,098 97,755
288 512 Measure O - Affordable
Housing
Health Housing, and
Community Services
20,000,000 North Berkeley BART phase 1
projects
Appropriate funding for North Berkeley BART development loans (Reso 71,428). Total development funding reservation = $21.5M, including $20M in Measure O. Phase 1 projects are pursuing state funding; if successful, will need to encumber remaining development funds by March 2026
289 512 Measure O - Affordable
Housing
Health Housing, and
Community Services
8,176,509 St. Paul Terrace development
loan
Appropriate funding for St. Paul Terrace development loan (Resos 70,407 & 71,549). Estimated loan closing in November. 290 512 Measure O - Affordable
Housing
Health Housing, and
Community Services
2,167,104 Ephesian Legacy Court
development loan
Appropriate funding for Ephesian Legacy Court development loan (Reso 70,889) - Estimated loan closing in early 2026, pending tax credit award.
512 Total 0 30, 343,613
291 514 Fire Admin Training
Building
Fire Department 4,500,000 Fire Dept HQ Escrow Account Fire Dept HQ Escrow Account entry to record draws #4 and #5 transfers. Escrow account for fund 514 was set up and $15M has been transferred as follows: $7.5 M from Measure FF and $7.5M from a Bond Measure.
514 Total 0 4,500,000
292 601 Zero Waste Public Works 1,640,194 Vehicle Replacement baseline shortfall
Appropriate funds for Vehicle replacement shortfall
293 601 Zero Waste Public Works 125,000 New Side Dump Trailer for Transfer Station
Appropriate funds needed to avoid further damage to current tractor trailer trucks
294 601 Zero Waste Public Works 420,798 Rear Loaders Amortization shortfall
Appropriate funds for amortization shortfall 7 rear loaders 295 601 Zero Waste Public Works 1,000,000 PWZWCB2301 Transfer Station Underground Fuel Storage Tank Removal
To restore funding removed from FY 2026 budget
296 601 Zero Waste Public Works 1,000,000 PWENST2501 Street Rehab FY25 To continue the project into the construction phase 297 601 Zero Waste Public Works 271,237 PWENST2401 Street Rehab FY 2024 To complete the project 601 Total 1,271,237 3,185,992
298 606 Marina- Coastal
Conservancy
Parks, Recreation, and
Waterfront
1,270,733 PRWWF20011 South Cove Parking Carryover Funds for South Cove Parking Lot 299 606 Marina- Coastal
Conservancy
Parks, Recreation, and
Waterfront
1,700,294 PRWWF23004 State Coastal Conservancy
(SCC) Grant
Carryover fund for State Coastal Conservancy Grant program 300 606 Marina- Coastal
Conservancy
Parks, Recreation, and
Waterfront
142,022 PRWWF24002 Berkeley Pier w/Ferry Access
Project
Carryover State Coastal Conservancy funds for design of project.

FY 2025 Unencumbered Carryover and FY 2026 Adjustments (AAO#1) Attachment 2 Item # Fund # F und Name Department Recommended
Carryover
Recommended
Adjustments Project Number Description/Project name Comments/Justification 301 606 Marina- Coastal
Conservancy
Parks, Recreation, and
Waterfront
385,000 PRWWF24006 Marina Blvd Shoreline
Resiliency
Carryover State Coastal Conservancy funds for conceptual planning of project.
606 Total 3,498,049 0
302 608 Marina OPE Parks, Recreation, and
Waterfront
641,714 Various Carryover FY 2025 capital funding for various PRW capital projects for continuation of projects in FY 2026.
303 608 Marina OPE Parks, Recreation, and
Waterfront
15,123 Landscaping/Routine
Maintenance
Carryover for various PRW Landscape/Maintenance Projects 304 608 Marina OPE Parks, Recreation, and
Waterfront
3,793 CCP Restroom Project Carryover FY 2025 capital funding for various PRW capital projects for continuation of projects in FY 2026.
305 608 Marina OPE Parks, Recreation, and
Waterfront
3,793 CCP Pathway Project Carryover to complete consultant services. 306 608 Marina OPE Parks, Recreation, and
Waterfront
3,400 Memorial bench donation Adjustment to spend donated funds for memorial benches at the Waterfront. Expenditure is fully offset by revenue from donations.
307 608 Marina OPE Parks, Recreation, and
Waterfront
10,260 Addt'l Marina Fund (from GF) Appropriate Addt'l Marina Fund (from GF) to address fund deficit per Mayor's Supplemental budget recommendation
308 608 Marina OPE Parks, Recreation, and
Waterfront
201,000 Addt'l Marina Fund (from GF) Appropriate Addt'l Marina Fund (from GF) fund deficit per Mayor's Supplemental budget recommendation
608 Total 664,422 214,660
309 611 Sanitary Sewer Public Works 118,806 Carryover for unallocated account that has funding for one
project.

Carryover funds to complete one Sanitary Sewer Project
310 611 Sanitary Sewer Public Works 5,789,850 Sanitary Sewer Rehabilitation(SSR) Project # 1
Appropriate funding for Sanitary Sewer Rehabilitation Rehab Project # 1 project
311 611 Sanitary Sewer Public Works 6,669,218 Sanitary Sewer Rehabilitation(SSR) Project # 2
Appropriate funding for Sanitary Sewer Rehabilitation Rehab Project # 2 project
312 611 Sanitary Sewer Public Works 2,354,156 Rehabilitate sewer main lines Appropriate funds for Rehabilitate Sewer Main Lines Project currently in planning/design phase
611 Total 118,806 14,813,224
313 616 Clean Storm Water Public Works 28,095 PWENSD2309 Clean Water Program Carryover Funds for the Clean Water Program-On Hold 314 616 Clean Storm Water Public Works 2,999,287 PWENSD2501 West Berkeley Aquatic Parks SD
Carryover funds to complete West Berkeley Aquatic Park SD 315 616 Clean Storm Water Public Works 240,000 PWT1ST2202 T1 Phase 2 Bollards Carryover funds to complete T1 Phase 2 Bollards Project 316 616 Clean Storm Water Public Works 915,943 PWENSD2308 MRP Trash Capture FY2023 Carryover funds to complete the MRP Trash Capture FY2023 Project

FY 2025 Unencumbered Carryover and FY 2026 Adjustments (AAO#1) Attachment 2 Item # Fund # F und Name Department Recommended
Carryover
Recommended
Adjustments Project Number Description/Project name Comments/Justification 317 616 Clean Storm Water Public Works 768,390 PWENSD2201 Stormwater Master Plan Carryover funds to complete the Stormwater Master Plan Project
318 616 Clean Storm Water Public Works 455,167 1,949,864 PWENST2302 Wildcat Canyon Road Repairs Carryover funds to complete Wildcat Canyon Road Repairs project
319 616 Clean Storm Water Public Works 1,125,000 PWENST2501 Street Rehab FY25 Carryover funds to complete Street Rehab FY25 Project 320 616 Clean Storm Water Public Works 7,718 PWENRW2301 Retaining Wall & Storm Drain Repair
Carryover funds to complete Retaining Wall and Storm Drain Repair Project
616 Total 6,531,882 1, 957,582
320 621 Permit Services Public Works 10,247 PWENBM2504 Planning Dept Outlet Carryover funding to complete Planning Dept Outlet Project 621 Total 10,247 0
321 627 Off Street Public Works 451,096 PWENCB2001 Carryover for Telegraph/Channing Elevator Upgrade 322 627 Off Street Public Works 393,626 PWENCB2001 Carryover for Telegraph/Channing Elevator Upgrade 323 627 Off Street Public Works 57,470 PWENCB2001 Carryover for Telegraph/Channing Elevator Upgrade 627 Total 844,722 57,470
324 671 Equipment Replacement Public Works 678,030 Fire engines and aerial trucks debt service payment
Debt service payment for the purchase of three fire engines and two aerial fire trucks. Approved per Council Res. No. 71,440- N.S. dated 07/09/2024.
325 671 Equipment Replacement Public Works 1,000,000 Operating Expenses Appropriate funding for operating expenses for collisions/unanticipated expenses
326 671 Equipment Replacement Public Works 9,729 To replenish Fund -EV Charger Installation-4 L2 @ 2640 MLK, 1
Bolivar, 2939 Ellis, & 2029
Berkeley
Carryover funds for EV Charge Installation @ 2640 MLK, 1 Bolivar, and 2939 Ellis, & 2029 Berkeley Way. Project currently in planning/design phase
327 671 Equipment Replacement Public Works 2,000 PWENEN0201 To replenish Fund - EV Charger Installation-4 L2 @ 2640 MLK, 1
Bolivar, 2939 Ellis, & 2029
Berkeley
Carryover funds for EV Charge Installation @ 2640 MLK, 1 Bolivar, and 2939 Ellis, & 2029 Berkeley Way. Project currently in planning/design phase
328 671 Equipment Replacement Public Works 76,785 PWENEN2501 To replenish Fund - EV Charger Installation-4 L2 @ 2640 MLK, 1
Bolivar, 2939 Ellis, & 2029
Berkeley
Appropriate funds for EV Charging Installation @ 2640 MLK, 1 Bolivar, and 2939 Ellis, & 2029 Berkeley Way. Project currently in planning/design phase work to begin soon.

FY 2025 Unencumbered Carryover and FY 2026 Adjustments (AAO#1) Attachment 2 Item # Fund # F und Name Department Recommended
Carryover
Recommended
Adjustments Project Number Description/Project name Comments/Justification 329 671 Equipment Replacement Public Works 40,695 PWENEN2502 To replenish Fund - EV Charger Installation-4 L2 @ 2640 MLK, 1
Bolivar, 2939 Ellis, & 2029
Berkeley
Carryover funds for EV Charging Installation @ 2640 MLK, 1 Bolivar, and 2939 Ellis, & 2029 Berkeley Way. Project currently in planning/design phase
330 671 Equipment Replacement Public Works 169,738 PWENEN2503 To replenish Fund -EV Charger Installation- 10 L2, 13 DC slow,
3 DC Fast Corp Yard
Appropriate funds for EV Charging Installation @ Corp Yard.

Project currently in planning/design phase
331 671 Equipment Replacement Public Works 70,535 PWENEN2504 To replenish Fund -EV Charger Installation - 14 L1 & 13 L2 @
Waterfront
Appropriate funds for EV Charging Installation @ Waterfront.

Project currently in planning/design phase
332 671 Equipment Replacement Public Works 607,141 Contracted loan for Fire Vehicle replacement
Appropriate funds for Contracted loan for Fire Vehicle
replacement- Transferred in from GF to support public
safety/contract/loan
333 671 Equipment Replacement Public Works 154,341 Contracted loan for Fire Vehicle replacement
Appropriate funding for Contracted loan for Fire Vehicle replacement -Transferred in from GF to support public
safety/contract/loan
334 671 Equipment Replacement Public Works 50,262 PWENEN2503 To replenish Fund -EV Charger Installation- 10 L2, 13 DC slow,
3 DC Fast Corp Yard
Appropriate funds for EV Charger Installation Project currently in planning/design phase
335 671 Equipment Replacement Public Works 2,281,622 Vehicle Replacement Appropriate funding for Vehicle Replacement identified in addition to the budgeted amount in FY26.
671 Total 52,424 5, 088,454
336 672 Equipment Maintenance Public Works 1,000,000 Support Operations Appropriate funds to support operations, collisions/unanticipated expenses.
672 Total 0 1, 000,000
337 676 Worker's Compensation Human Resources 75,000 Return to work consultant/investigations
contract
Appropriate funding for a return to work consultant to help support the Workers' Compensation team with complex return to work cases. The consultant will audit the Workers'
Compensation program, develop policies and procedures,
provide training and consultations for complex cases
676 Total 0 75, 000

FY 2025 Unencumbered Carryover and FY 2026 Adjustments (AAO#1) Attachment 2 Item # Fund # F und Name Department Recommended
Carryover
Recommended
Adjustments Project Number Description/Project name Comments/Justification 338 678 Public Liability Fund City Attorney 920,307 To have funds available to pay Public Liability claims, judgements and outside attorneys fees. CAO is projecting 2-3 Million in public liability costs due within the first half of FY26 pending the final outcomes of several current cases.
678 Total 920,307 0
339 679 Catastrophic Loss Fund Non-Departmental 5,167,758 FY 2026 Bay Cities Joint Powers Insurance Authority
Program Bill
Add additional funds for the FY 2026 Bay Cities Joint Powers Insurance Liability Program Insurance costs
679 Total 0 5, 167,758
340 680 IT Cost Allocation Information Technology 360,000 Copilot monthly license Appropriate funds to purchase 1,000 copilot monthly licenses to ensuring staff have access to safe AI tools, instead of using others like ChatGPT, Claude, Deepseek, Grok, etc. where they are hosted all over the world.

680 Total 0 360,000
341 784 Telegraph BID City Manager 72,267 Telegraph BID Appropriate funding for Telegraph BID 784 Total 72,267 0
342 785 North Shattuck BID City Manager 15,206 North Shattuck BID Appropriate funds for North Shattuck BID fund 785 Total 15,206 0
343 801 Rent Stabilization Board Rent Stabilization Board 500,000 FY26 Adopted Budget FY26 Adopted Budget by Rent Board omitted from original submission to the City. The allocation is for capital and technology needs, unanticipated expenses
801 Total 0 500, 000
Grand Total 93,327,606 119,513,923
*Adjustment is a new allocation from fund balance, appropriation of new grant, increase or decrease in grant allocation or any line item budget.

Office of the City Manager

CONSENT CALENDAR
November 18, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Henry Oyekanmi, Director of Finance
Subject: Contract No. 32000179 Amendment: Allied Universal Security Service for Citywide Unarmed Security Services

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32000179 with Allied Universal Security Service (formerly First Alarm Security & Patrol, Inc.) for citywide unarmed security services in the amount of $1,000,000 for a new total not to exceed $5,450,000 and extend the contract through June 30, 2026.

FISCAL IMPACTS OF RECOMMENDATION
Funds are available in individual departmental budgets. The increase in the not-to- exceed amount is required to complete the final months of contracted service and anticipated increases in service rates.

CURRENT SITUATION AND ITS EFFECTS
Allied Universal Security Service provides citywide unarmed security services throughout the City at several facilities. Allied Universal has security guards stationed at City Hall located at 2180 Milvia, the Corporation Yard located at 1326 Allston Way, the Transfer Station located at 1201 2nd Street, 1947 Center Street, the Adult Mental Health Clinic located at 2640 Martin Luther King Jr. Way, and at several other locations within the City. Allied Universal’s work protects both City staff and residents at these locations.

Departments pay for these services through their own funds.

The City’s current contract with Allied Universal is set to expire on February 28, 2026.

City staff is conducting a public procurement solicitation process during the final months of this contract period and there will not be further extensions past June 2026 without a public procurement. An increase in the not-to-exceed amount is needed to cover the final months of service and anticipated increases.

This supports the City’s Strategic Plan Goal to create a resilient, safe, connected, and prepared City.
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/

09

Contract Amendment: Allied Universal Security CONSENT CALENDAR Service for Citywide Unarmed Security Services November 18, 2025

BACKGROUND
Unarmed security guard services are contracted by the City to perform routine patrol and access control duties at various City facilities on a regularly scheduled basis and occasionally on an ad-hoc basis.

On July 22, 2019, General Services released RFP Specification No. 19-11316-C which closed on August 29, 2019, and garnered six proposal responses. At the conclusion of this process, Allied Universal Security Service (formerly First Alarm Security & Patrol, Inc.) was selected as the most responsive respondent with the highest level of qualification and best value to meet the City’s needs and was awarded a contract with a total amount not to exceed $3,550,000. The Library, while a co-participant in the RFP, entered into a separate contract with Allied for its own facilities.

This contract was executed February 28, 2020 and will expire February 28, 2026. We are requesting to extend it through June 30, 2026 to cover time needed for the solicitation and bid process.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no identifiable environmental effects or opportunities.

RATIONALE FOR RECOMMENDATION
Allied Universal is the City’s current contractor for citywide unarmed security services.

Extending the City’s current agreement is the most cost-efficient method to ensure there are no security service interruptions. This extension will also allow staff time to complete the solicitation process for security services by the end of FY 2026.

ALTERNATIVE ACTIONS CONSIDERED
None. The City does not have trained staff to perform security services where such services are required; therefore, funding service under the existing contract is needed.

CONTACT PERSON
Henry Oyekanmi, Director, Finance, 510-981-7200
Attachment:
1: Resolution

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

CONTRACT AMENDMENT: ALLIED UNIVERSAL SECURITY SERVICE FOR

CITYWIDE UNARMED SECURITY SERVICES
Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32000179 with Allied Universal Security Service (formerly First Alarm Security & Patrol, Inc.) for citywide unarmed security services in the amount of $1,000,000 for a new total not to exceed $5,450,000 and extend the contract through June 30, 2026.

WHEREAS, unarmed security guard services are contracted by the City to perform routine patrol and access control duties at several City locations on a regularly scheduled basis and occasionally on an ad-hoc basis; and
WHEREAS, the City does not have qualified available staff to perform security services; and
WHEREAS, on July 22, 2019, the City released RFP Specification No. 19-11316-C- Reissued for unarmed security services. At the conclusion of this process, Allied Universal Security Service (formerly First Alarm Security & Patrol, Inc.) was selected as the most responsive proposer with the highest level of qualification and best value to meet the City’s needs and was awarded Contract No. 32000179; and WHEREAS, Contract No. 32000179 is set to expire on February 28, 2026; and WHEREAS, to accommodate the contract’s extension and before a new solicitation is completed, additional spending authority in the amount of $1,000,000 is needed to cover anticipated expenditures; and
WHEREAS, funds are available within individual departmental budgets for the extended contractual term.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to amend Contract No. 32000179 with Allied Universal Security Service (formerly First Alarm Security & Patrol, Inc.) for citywide unarmed security services in the amount of $1,000,000 for a total not-to-exceed amount of $5,450,000 and extend the contract through June 30, 2026.

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
November 18, 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 November 18, 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 $8,153,015.64 PROJECT Fund Source Amount
Public Art Commission for
the Berkeley Animal
Shelter
148 Cultural Trust $150,000
Public Art Commission for
the South Berkeley Senior
Center
148 Cultural Trust $225,000
Citywide Security Guard
Services
636
673
601
608
101
158
136
Bldg. Purchases & Mgmt.

Bldg. MTC.

Zero Waste
Marina Operations
Library Tax
Mental Health State Aid
Measure BB - Paratransit
$656,250
$656,250
$1,031,250
$281,250
$2,250,00
$446,161.73
$106,853.91
$2,250,000
Survey Registered Voters
for Potential 2026 Ballot
Initiatives
011 CMO $100,000
Total: $8,153,015.64

10

Formal Bid Solicitations and Request for Proposals
Scheduled for Possible Issuance After Council
Approval on November 18, 2025, CONSENT CALENDAR
November 18, 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, Finance, 510-981-7326
Attachment:

1. Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on November 18, 2025
a. Public Art Commission for the Berkeley Animal Shelter b. Public Art Commission for the South Berkeley Senior Center c. Citywide Security Guard Services
d. Survey registered voters for potential 2026 ballot initiatives Note: Original of this attachment with live signature of authorizing personnel is on file in General Services.

NEXT 30 DAYS
DATE SUBMITTED: NOVEMBER 18, 2025
Attachment 1

SPECIFICATION
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
26-11769-C Public Art
Commission for the
Berkeley Animal
Shelter
11/19/25 12/18/2025 Contract an Artist to design,
fabricate, and install a series of
interior and exterior public
artworks at the Berkeley Animal
Shelter
$ 150,000.00 148-21-208-252-0000-
000-446-612990-
CMO/OED/Civic Arts Mark Salinas
Public Art
Program Lead
x7538
26-11770- C Public Art
Commission for the
South Berkeley
Senior Center
11/19/25 12/18/2025 Contract an Artist to design,
fabricate, and install a series of
interior and exterior public art at
the South Berkeley Senior Center
$ 225,000.00 148-21-208-252-0000-
000-446-612990-
CMO/OED/Civic Arts Mark Salinas
Public Art
Program Lead
x7539
DEPT. TOTAL $375,000
26-11771-C Citywide Security
Guard Services
11/19/25 12/18/2025 3 year with two  1-year option
(FY2027 - FY30) Citywide Security
Guard Services for 1947 Center
St.,                      2180 Milvia St.,
1326 Allston Way,                  1201
Second St.,
Waterfront and 199 Seawall Dr.,
2090 Kitteridge St ,                2940
Benevue Ave,                1170 The
Alameda,                1901  Russell
St,                     1125 University
Ave,              2640 MLK Jr. Way,
1901 Hearst Ave
$7,678,015.64
/ 5 years and
$1,535,603.13
/yearly
636-54-624-697-0000-000-
472-612990 -  $656,250 &
$2,250,000         673-54-
624-697-0000-000-472-
612990-  $656,250 &
$2,250,000.
601-54-627-734-3023-000-
472-612990 -
$1,031,250.     608-52-544-
590-0000-000-472-612990
-  $281,250.       158-51-
503-520-0000-000-451-
612990
-   $446,161.73
136-51-505-542-2038-000-
444-612990    $106,853.91
Finance Aundra Richards
510-981-7324
DEPT. TOTAL $ 7,678,015.64
26-11772-C Survey Registered
Voters for Potential
2026 Ballot
Initiatives
11/19/25 1/20/2026 Survey registered voters to
determine public opinion about
revenue and other measures that
may be considered for the
November 2026 ballot
$ 100,000.00 011-21-201-000-0000-000-
412-612990
City Manager's Office David White
510-981-7012
DEPT. TOTAL $ 100,000.00
TOTAL $ 8,153,015.64
1 of  1

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
November 18, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: David Sprague, Fire Chief
Subject: Purchase Order: Blaisdell’s Business products for office furniture and equipment for Fire Headquarters

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to issue purchase orders with Blaisdell’s Business Products for the purchase of miscellaneous office supplies, small equipment and office furniture for Fire Headquarters using the Omnia Partners Region 4 ESC Contract No. R190301 for an amount not to exceed $1,500,000 through May 31, 2026, with the option of one (1) single-year extension if the Omnia contract is extended.

FISCAL IMPACTS OF RECOMMENDATION
Funding for will come from Measure FF (Fire and Emergency Services) and UC Settlement funds.

CURRENT SITUATION AND ITS EFFECTS
Blaisdell’s continues to offer the City competitive prices, especially by piggybacking off of the Omnia Partners agreement which gives the benefit of economy of scale. Having one company also makes it more efficient to track budgets and purchases citywide.

BACKGROUND
The Fire Department is planning to move into the first building of the new Headquarters in late February 2026 and the rest of the buildings by mid-2026. The Department is developing plans to furnish them and Blaisdell’s is a local vendor that is well positioned to help provide this service. The existing Blanket Purchase Order the city has with Blaisdell’s is not of sufficient size to accommodate this project.

On June 1, 2019, Region 4 concluded Contract No. R190301 for office supplies with Epic Business Essentials. Epic Business Essentials is a cooperative of independent local suppliers of office products and services and Blaisdell’s Business Products is one of the cooperative members. By piggybacking off of Region 4 Contract, the City will secure office supplies’ most advantageous prices over the next two years and, at the same time, add service value as a result of a long-term partnership with Blaisdell’s Business Products.

11

Purchase Order: Blaisdell’s Business products for office furniture and CONSENT CALENDAR equipment for Fire Headquarters November 18, 2025

RATIONALE FOR RECOMMENDATION
On September 16, 2025, the Finance Department brought an item to Council requesting an increase to Blaisdell’s Blanket Purchase Order after researching the market and analyzing City’s current and future requirements for office supplies. They selected Blaisdell’s Business Products as the best option to fulfill City needs. It was determined that piggybacking off Omnia Partners Region 4 ESC Contract No. R19030 would be the best sourcing method since it would afford the City cost savings deriving mainly from the economies of scale of a large purchasing consortium. Since the General Services evaluation was performed less than two months prior, it remains relevant and applies to this project.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Omnia Partners Region 4 ESC awarded Contract No. R190301 through an RFP and the criteria adopted to secure responsiveness and responsibility of proposers included an evaluation of green or sustainability programs and social diversity initiatives.

Moreover, Blaisdell’s Business Solution displays a particular focus on sustainability which is corroborated by the following certifications: Certified Woman-Owned Business Enterprise, Certified member of the California Green Business Network of Alameda County, BBB Accredited Business. Specifically, to the City of Berkeley, Blaisdell’s Business Solution supported the implementation of the City’s Environmentally Preferable Purchasing through an established re-use and recycle program.

ALTERNATIVE ACTIONS CONSIDERED
The alternative considered was to conduct a formal bid solicitation. However, after researching the market, assessing departmental needs and considering transaction and eventual transition expenses, it was found that costs and risks of an RFP outweigh the benefits of piggybacking off the Region 4 Contract. A City RFP on its own will not improve pricing because of lack economies of scale.

CONTACT PERSON
David Sprague, Fire Chief, 510-981-3473
Attachments:
1: Resolution

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

PURCHASE ORDER: BLAISDELL’S BUSINESS PRODUCTS FOR OFFICE

FURNITURE AND EQUIPMENT FOR FIRE HEADQUARTERS
WHEREAS, the Fire Department is moving into a new Fire Headquarters and City Emergency Operations Center; and
WHEREAS, as part of that project, the City must purchase office furniture and small equipment to furnish the facility, and
WHEREAS, City Council Resolution No. 69,313-N.S. authorized the City Manager to piggyback off the Omnia Partners Region 4 ESC awarded Contract No. R190301 for the issuance of Purchase Orders to Blaisdell’s Business Products for the purchase of office supplies, small equipment and office furniture to conduct daily activities; and WHEREAS, Omnia Partners Region 4 ESC awarded Contract No. R190301 allows the City to secure office supplies, printing paper, small equipment and office furniture at most advantageous prices and, at the same time, adds service value as the result of a long-term partnership with Blaisdell’s Business Products.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager, or designee, is authorized to issue purchase orders with Blaisdell’s Business Products for the purchase of miscellaneous office supplies, small equipment and office furniture for Fire Headquarters using the Omnia Partners Region 4 ESC Contract No. R190301 for an amount not to exceed $1,500,000 through May 31, 2026, with the option of one (1) single-year extension if the Omnia contract is extended.

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
November 18, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Scott Gilman, Director, Health, Housing & Community Services Subject: Golden Bear Homes Partnership Transfer

RECOMMENDATION
Adopt a resolution:

1. Approving the transfer of the Managing General Partner role for Golden Bear Homes, LP from Bay Area Community Services (BACS) to Hearthstone Housing Foundation (Hearthstone); and

2. Approving BACS’ assignment and Hearthstone’s assumption of BACS’ obligation under the loan and regulatory agreements for Golden Bear Homes; and

3. Authorizing the City Manager or designee to execute all original or amended documents to effectuate this action.

CURRENT SITUATION AND ITS EFFECTS
Memar Properties, Inc (MPI) is seeking City approval to change the ownership partnership of Golden Bear Homes, a City-funded Homekey project. Golden Bear Homes, LP is currently made up of MPI (as the administrative general partner) and BACS (as the Managing General Partner), with MPI providing property management and operational support, and BACS providing compliance oversight and supportive services to residents. BACS is interested in increasing organizational capacity for other existing and upcoming projects and intends to exit the partnership.

MPI identified Hearthstone as their preferred replacement partner. Hearthstone is a nonprofit organization that has operated since 1992. It has managed a total of 270 rental projects in its organizational lifetime. Hearthstone’s current portfolio includes 177 low-income rental housing projects, including many Homekey projects that serve Extremely Low-Income households. The majority serve formerly homeless households, people with disabilities, or senior households. Hearthstone currently manages 11 rental projects in the Greater Bay Area and 3 rental projects in Alameda County, one of which is a Homekey project.

Hearthstone will be responsible for securing welfare exemption from the County annually and overseeing compliance with all regulatory agreements. Additionally, on- site wraparound supportive services for the 43 formerly homeless individuals, previously

12

Golden Bear Homes Partnership Transfer CONSENT CALENDAR November 18, 2025

provided by BACS, will be provided by the Housing Consortium of the East Bay (HCEB). HCEB is partnering with MPI on University Homes, which is also a Homekey project, and manages 7 other projects serving very low-income and vulnerable populations in the Greater Bay Area. Both Hearthstone and HCEB are qualified to step into their proposed roles at Golden Bear Homes.

Since Golden Bear Homes received funding from the State of California Housing and Community Development’s (HCD) Homekey program, HCD will also need to approve the change in ownership. Pending City and HCD approval, MPI estimates the transfer can happen within a few months (likely early 2026). Health, Housing, and Community Services staff will work with the Golden Bear Homes team on the transfer and amending City documents to reflect the updated partnership.

FISCAL IMPACTS OF RECOMMENDATION
There are no expected fiscal impacts. The City entered into a loan agreement with Golden Bear Homes, LP for $8.46 million in capital and operations subsidy funding to support the project. Currently, there are no expected additions to this loan.

BACKGROUND
On December 14, 2021, Council approved three resolutions (70,136- N.S., 70,137- N.S., and 70,138 – N.S.) reserving $8,463,535 in affordable housing funds for the Golden Bear Homes permanent supportive housing project at 1620 San Pablo as proposed by a partnership between MPI and BACS. These resolutions also authorized City staff to take actions needed for the City’s participation in the State of California’s HCD Homekey program, including entering into standard agreement with the HCD. The reservation described came from City affordable housing funds, including general funds received pursuant to Measure P, and Permanent Local Housing Allocation funds.

Golden Bear Homes, LP completed an initial phase of rehab focused on accessibility upgrades in December 2022 and achieved full occupancy in January 2023. The team recently completed the second and final phase of construction work, including landscaping and installation of a modular unit with community and services space.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There will be no environmental impacts related to the transfer, and the project will remain as housing for homeless adults.

RATIONALE FOR RECOMMENDATION
Golden Bear Homes, in its current configuration, is no longer compatible with BACS’ organizational priorities. Transferring the Managing General Partner role to Hearthstone, whose mission includes prioritizing housing and providing supportive services to homeless, will support the ongoing operation of Golden Bear Homes as permanent supportive housing for formerly homeless adults.

Golden Bear Homes Partnership Transfer CONSENT CALENDAR November 18, 2025

ALTERNATIVE ACTIONS CONSIDERED
None considered.

CONTACT PERSON
Kelly deWolfe, Community Development Project Coordinator, HHCS, (510) 981-5424 Attachment:
1: Resolution

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

AUTHORIZING THE OWNERSHIP TRANSFER OF GOLDEN BEAR HOMES, LP

FROM BAY AREA COMMUNITY SERVICES TO HEARTHSTONE HOUSING

FOUNDATION
WHEREAS, in 2021, the City of Berkeley (City) provided a development loan to Golden Bear Homes, LP to acquire and rehabilitate Golden Bear Homes, located at 1620 San Pablo Ave, Berkeley, CA, and operate the property as permanent supportive housing for formerly homeless individuals; and
WHEREAS, Golden Bear Homes, LP is comprised of Memar Properties, Inc. (MPI) as the administrative general partner providing property management and operational support and Bay Area Community Services (BACS) as the Managing General Partner providing compliance oversight and supportive services; and
WHEREAS, BACS is interested in increasing its organizational capacity for existing and upcoming projects and wishes to exit Golden Bear Homes, LP; and WHEREAS, in early 2025, MPI began exploring the option to transfer the Managing General Partner role of Golden Bear Homes to another entity with the experience and mission to provide housing with supportive services to extremely low-income households; and
WHEREAS, in July 2025, MPI submitted a letter to the City requesting transfer of the Managing General Partner for Golden Bear Homes, LP from BACS to Hearthstone Housing Foundation (Hearthstone) with supportive services provided by Housing Consortium of the East Bay; and
WHEREAS, the City’s existing Development Loan Agreement with Golden Bear Homes, LP requires City approval of any transfers, including partnership transfers.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City approves the transfer of the Managing General Partner role for Golden Bear Homes, LP from BACS to Hearthstone Housing Foundation.

BE IT FURTHER RESOLVED that the Council approves BACS’ assignment and Hearthstone Housing Foundation’s assumption of BACS’ obligations under the loan agreement and regulatory agreement for Golden Bear Homes.

BE IT FURTHER RESOLVED the City Manager, or designee, is hereby authorized to execute all original or amended documents or agreements to effectuate this action; a signed copy of said documents, agreements, and any amendments will be kept on file in the Office of City Clerk.

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

CONSENT CALENDAR
November 18, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Scott Gilman, Director, Health, Housing & Community Services Subject: Contract No. 104289-1 Amendment: Jackson & Coker for Locums Tenens Psychiatrists

RECOMMENDATION
Adopt a Resolution authorizing the City Manager or designee to amend Contract No. 104289-1 with vendor Jackson & Coker Locum Tenens, LLC to provide locum tenens psychiatrists in an amount of $500,000 for a not to exceed amount of $1,464,480 through June 30, 2026.

FISCAL IMPACTS OF RECOMMENDATION
Funds for the scope of work in the amount of $500,000 are currently available in the Fiscal Year 2026 budget in Health (Short/Doyle) Fund 316.

CURRENT SITUATION AND ITS EFFECTS
This service provides a safety net for consumers when the Mental Health Division’s Adult Mental Health Clinic experiences a shortage of staff allowed to prescribe medication. This contract amendment will allow intermittent usage of locum tenens medication services through Jackson & Coker Locum Tenens, LLC to ensure clients have access to medication. Locum tenens are licensed and qualified Psychiatrists or Psychiatric Nurse Practitioners who have a temporary placement at the contracting facility. The Mental Health Division is planning to submit a Request for Proposals for this service before the end of the fiscal year and is requesting to amend this contract to add sufficient funding to continue providing this service while that process takes place.

BACKGROUND
Over the last several years the Mental Health Division has experienced great difficulty in filling vacant positions for staff who can prescribe psychiatric medications. Due to a variety of factors, including the Medi-Cal expansion through the Affordable Care Act, an existing shortage of psychiatrists in the region has been greatly exacerbated. By contracting with a locum tenens, the City is able to provide constant services when there is staffing turnover, long term vacancies or additional short-term staffing needs.

To provide necessary medication prescription and monitoring services while attempting to fill staff vacancies, the City entered into Contract No. 9880 with J&C on March 17, 2015,

13

Contract No. 104289-1 Amendment: CONSENT CALENDAR
Jackson & Coker for Locum Tenens Psychiatrists November 18, 2025

for locum tenens services with a contract limit of $24,900. When recruitment efforts did not lead to permanent staffing, contract amendment 9880A increased the contract limit to $49,900 on June 19, 2015. Due to continued staff vacancies and an approaching contract limit, contract amendment 9880B was executed on July 24, 2015, to increase the contract limit to $99,900. Because of ongoing staff shortages, contract amendment 9880C was executed on August 24, 2016, to increase the contract limit to $174,900. When recruitment efforts again did not lead to permanent staffing, on January 2, 2018, contract amendment 9880D (ERMA Contract No. 104289-1) increased the contract limit to $400,000.

Primarily due to staffing shortages throughout the region, and the significant increases in hourly rates for locum tenens psychiatrists, on June 11, 2021, Contract No. 9880E (ERMA Contract No. 104289-1) was executed to increase the amount by $564,480 for a revised contract amount not to exceed $964,480. On August 9, 2022, Contract No. 9880F (ERMA Contract No. 104289-1) was executed to reflect updated provider rates in Exhibit B that matched other local comparable medical providers. On May 16, 2024, the term of the contract was extended to June 30, 2026, all other aspects of the contract remained in full force and effect.

Hourly rates for locum tenens psychiatrists and psychiatric nurse practitioners have increased significantly since this contract was originally executed, due to the staffing shortages throughout the region. This contact amendment increases the contract limit and ensures the City will provide quality mental health care when there are staffing vacancies. The clear desire is to have career staff working in the clinic, but locum tenens capacity is needed to continue to serve our clients with medication during potential vacancies. This amendment will provide sufficient funds to ensure that there will be no interruption in medication services.

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

RATIONALE FOR RECOMMENDATION
Jackson & Coker offers locums tenens that provide psychiatric prescriber services to Medi-Cal, uninsured, disenfranchised, and underserved populations. These services are necessary for the provision of mental health treatment provided by the City. These services will only be utilized during staff shortages and are not a replacement for permanent staffing.

ALTERNATIVE ACTIONS CONSIDERED
The City is required to provide necessary medication prescription and monitoring services for individuals with mental illness. A shorter contract period and a smaller amount of funding were considered, but this would require the Mental Health Division to return with more frequent amendments to this contract over time.

Contract No. 104289-1 Amendment: CONSENT CALENDAR
Jackson & Coker for Locum Tenens Psychiatrists November 18, 2025

CONTACT PERSON
Jeffrey Buell, Manager of Mental Health Services, (510) 981-7682 Conor Murphy, Associate Management Analyst, HHCS, (510) 981-7611 Attachments:
1: Resolution

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

CONTRACT NO. 104289-1 AMENDMENT WITH JACKSON & COKER FOR LOCUM

TENENS PSYCHIATRISTS
WHEREAS, Berkeley Mental Health (“BMH”) Division has a successful partnership with Jackson & Coker Locum Tenens, LLC (“J&C”), providing locums tenens psychiatry services for BMH clients; and
WHEREAS, J&C is an essential provider of psychiatry services in Berkeley; and WHEREAS, J&C offers locum tenens that provide psychiatry services, provided by licensed psychiatrists, to Medi-Cal, uninsured, disenfranchised, and underserved populations; and
WHEREAS, J&C’s services support mental health goals of improving the health and well- being of the community during periods of staff shortages; and WHEREAS, the City of Berkeley entered into Contract No. 9880 with J&C on March 17, 2015, for a term ending on June 30, 2016, for an expenditure contract limit not to exceed $24,900, and
WHEREAS, the City of Berkeley entered into Contract No. 9880A with J&C on June 19, 2015, for an expenditure contract not to exceed $49,900, and extended the term to June 30, 2017; and
WHEREAS, the City of Berkeley entered into Contract No. 9880B with J&C on July 24, 2015, by Resolution No. 67,174-N.S., for an expenditure contract increasing the amount by $50,00 for a revised contract amount not to exceed $99,900; and WHEREAS, the City of Berkeley entered into Contract No. 9880C with J&C on August 24, 2016, by Resolution No. 67,3034-N.S., for an expenditure contract increasing the amount by $75,00 for a revised contract amount not to exceed $174,900; and WHEREAS, the City of Berkeley entered into Contract No. 9880D (ERMA Contract No. 104289-1) with J&C on January 2, 2018, by Resolution No. 67,330-N.S., increasing the amount by $225,100 for a revised contract amount not to exceed $400,000; and WHEREAS, the City of Berkeley entered into Contract No. 9880E (ERMA Contract No. 104289-1) with J&C on June 11, 2021, by Resolution No. 69,721-N.S., increasing the amount by $564,480 for a revised contract amount not to exceed $964,480, and extending the term to June 30, 2024; and
WHEREAS, the City of Berkeley entered into Contract No. 9880F (ERMA Contract No. 104289-1) with J&C on August 9, 2022, by Resolution No. 69,721-N.S., for an expenditure contract limit not to exceed $964,480 was executed to reflect updated provider rates in Exhibit B that matched other local comparable medical providers; and

WHEREAS, funds are currently available in the Fiscal Year 2026 budget in Health (Short/Doyle) Fund 316.

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 amendment with Jackson & Coker Locum Tenens, LLC for locum tenens psychiatrists through June 30, 2026, in an amount not to exceed $500,000 for a total contract amount not to exceed $1,464,480. A record signature copy of said contract and any amendments to be on file with the Office of the City Clerk.

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

CONSENT CALENDAR
November 18, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Janelle Rodrigues, Director, Human Resources Subject: Adoption of Side Letter Agreements between the City of Berkeley and the Berkeley Fire Fighters Association (BFFA), Berkeley Fire EMS Professionals Association (BFEMSA), and Berkeley Fire Chief Officers Association (BFOA) to clarify the calculation and reporting of special compensation under CalPERS regulations

RECOMMENDATION
Adopt a Resolution approving Side Letter Agreements between the City of Berkeley and the Berkeley Fire Fighters Association (BFFA), Berkeley Fire EMS Professionals Association (BFEMSA), and Berkeley Fire Chief Officers Association (BFOA) to clarify the calculation and reporting of special compensation under CalPERS regulations.

FISCAL IMPACTS OF RECOMMENDATION
There are no fiscal impacts of the recommendation. The Side Letter Agreements memorialize and clarify the original intent and current practices of the City in how calculation and reporting of special compensation is conducted.

CURRENT SITUATION AND ITS EFFECTS
This report requests City Council adopt a resolution memorializing the three Side Letter Agreements with the City’s Fire Associations to align reporting practices for special compensation with CalPERS regulations. Each Side Letter memorializes the method by which specific incentive and premium pays are reported to CalPERS to ensure ongoing compliance.

The City and its Fire labor groups have collaborated to review CalPERS reporting requirements for specialty and incentive pays. The proposed Side Letters clarify how such compensation is calculated and reported in compliance with Government Code sections 20630, 20636, 7522.34 and related regulations. Specifically, the Side Letter Agreements address, confirm, and clarify that holiday pay was intended to be, has been, and will continue to be utilized in the calculation of regular rate of pay from which other incentive and specialty pay calculations were determined.

14

Adoption of Side Letter Agreements between the City of Berkeley and the Berkeley Fire Fighters Association (BFFA), Berkeley Fire EMS Professionals Association (BFEMSA), and Berkeley Fire Chief Officers Association (BFOA) to clarify the calculation and reporting of special compensation under CalPERS regulations

CONSENT CALENDAR
November 18, 2025

BACKGROUND
The City’s review of pension reporting practices in collaboration with CalPERS identified a need for clarity regarding special compensation reporting for Fire classifications.

These Side Letters confirm alignment with CalPERS’ guidance and ensure consistent application across all Fire bargaining units.

The City met and conferred with the BFFA, BFEMSA, and BFOA on each of the agreed upon Side Letters. Thereafter, CalPERS MOU Unit and Compliance Units reviewed and affirmed compliance between the agreements and the regulations, so long as the agreements were memorialized and a resolution adopted by the governing body, together with other administrative implementation requirements.

The parties have agreed to enter into the Side Letters as provided in this resolution and this resolution would support the compliance requirements for the City to provide the specialty compensation and incentive pay as originally intended.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no environmental or climate impacts.

RATIONALE FOR RECOMMENDATION
Adoption of these Side Letters provides regulatory compliance, accuracy in pension reporting, and transparency across labor agreements.

ALTERNATIVE ACTIONS CONSIDERED
No alternatives are recommended. Not approving the resolution could result in continued ambiguity and risk of reporting noncompliance.

CONTACT PERSON
Janelle Rodrigues, Director, Human Resources, 510-981-6807 Attachments:
1: Resolution
Exhibit A: Side Letter Agreement Between the City of Berkeley and the Berkeley Fire Fighters Association Regarding CalPERS Reporting of Special Compensation
Exhibit B: Side Letter Agreement Between the City of Berkeley and the Berkeley Fire EMS Professionals Association Regarding CalPERS Reporting of Special Compensation
Exhibit C: Side Letter Agreement Between the City of Berkeley and the Berkeley Fire Chief Officers Association Regarding CalPERS Reporting of Special Compensation

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

ADOPTING SIDE LETTER AGREEMENTS WITH THE BERKELEY FIRE FIGHTERS’

ASSOCIATION, BERKELEYCHIEF OFFICERS ASSOCIATION, AND BERKELEY FIRE EMS PROFESSIONALS’ ASSOCIATION REGARDING CALPERS REPORTING OF

SPECIAL COMPENSATION
WHEREAS, the City of Berkeley and the Berkeley Fire Fighters Association (BFFA) are parties to a Memorandum of Understanding effective July 1, 2023, through June 30, 2026, and both parties desire to clarify the reporting of special compensation to CalPERS; and WHEREAS, the City of Berkeley and the Berkeley Fire EMS Professionals Association (BFEMSA) are parties to a Memorandum of Understanding effective July 1, 2023, through June 30, 2026, and both parties desire to clarify the reporting of special compensation to CalPERS; and
WHEREAS, the City of Berkeley and the Berkeley Fire Chief Officers Association (BFOA) are parties to a Memorandum of Understanding effective July 1, 2023, through June 30, 2026, and both parties desire to clarify the reporting of special compensation to CalPERS; and
WHEREAS, each Side Letter Agreement confirms that special compensation shall be calculated and reported in accordance with California Government Code Sections 20630, 20636, and 7522.34 and California Code of Regulations Sections 571 and 571.1; and
WHEREAS, the City Council has reviewed and considered the Side Letter Agreements as presented by the City Manager.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to execute the Side Letter Agreements with the Berkeley Fire Fighters Association, the Berkeley Fire EMS Professionals Association, and the Berkeley Fire Chief Officers Association.

Exhibits
A: Side Letter Agreement Between the City of Berkeley and the Berkeley Fire Fighters Association Regarding CalPERS Reporting of Special Compensation B: Side Letter Agreement Between the City of Berkeley and the Berkeley Fire EMS Professionals Association Regarding CalPERS Reporting of Special Compensation C: Side Letter Agreement Between the City of Berkeley and the Berkeley Fire Chief Officers Association Regarding CalPERS Reporting of Special Compensation

Amendment No. 1
To The
Memorandums of Understanding
Between The
City of Berkeley
And
Berkeley Fire Fighters Association
Effective immediately as of the latest execution date below by either the City of Berkeley (the “City”) or Berkeley Fire EMS Professionals Association (“Association”) (collectively, the “Parties”), the current Memorandum of Understanding (“MOU”) between the Parties effective July 1, 2023 to June 30, 2026, is amended to include the following provision, which is incorporated by reference and given full effect as if originally included in each MOU:

SPECIAL COMPENSATION
For purposes of clarity, the City and the Association hereby confirm, acknowledge, and ratify that all current and former employees covered under this, and prior Agreements will have special compensation calculated and reported to CalPERS as follows:
(1) Special compensation is calculated for all employees covered under this Agreement based on the currently effective pay schedule adopted by the governing body of the City, as revised from time to time and posted on a publicly available pay schedule; and
(2) Special compensation is calculated for all employees covered under this Agreement based on all reportable hours in compliance with Government Code 2 Sections 20630, 20636, 7522.34 and California Code of Regulations Sections 571 and 571.1, as amended, and the guidance issued thereunder; and (3) In compliance with the above regulations, and for the avoidance of doubt, the parties agree to the following which shall be incorporated into the agreement under Article 2 Section 12 CERTIFICATION, SKILL, AND EDUCATION INCENTIVES:

The special compensation listed in this section 11 shall be paid at the indicated rate or percentage of base pay. When a holiday occurs, the employee's regular rate of pay for purposes of calculating the special compensation will include base pay plus the hourly equivalent of holiday pay. Holiday pay will only be included in the pay period in which the holiday is accrued, and some pay periods may not include holiday pay if no holidays occur during that time.
and;
(4) The above paragraphs #1 through #3 represents the understanding of the Parties for all periods covered by the current and prior Agreements.

EXECUTION
By signing below, I affirm and certify that I am authorized to execute this Amendment on behalf of the represented organization as noted.

2 For the Berkeley Fire EMS Professionals Association:

Name (Printed)
Signature
Date
Title
For the City of Berkeley:

Name (Printed)
Signature
Date
Title

Amendment No. 1
To The
Memorandums of Understanding
Between The
City of Berkeley
And
Berkeley Fire Fighters Association
Effective immediately as of the latest execution date below by either the City of Berkeley (the “City”) or Berkeley Fire EMS Professionals Association (“Association”) (collectively, the “Parties”), the current Memorandum of Understanding (“MOU”) between the Parties effective July 1, 2023 to June 30, 2026, is amended to include the following provision, which is incorporated by reference and given full effect as if originally included in each MOU:

SPECIAL COMPENSATION
For purposes of clarity, the City and the Association hereby confirm, acknowledge, and ratify that all current and former employees covered under this, and prior Agreements will have special compensation calculated and reported to CalPERS as follows:
(1) Special compensation is calculated for all employees covered under this Agreement based on the currently effective pay schedule adopted by the governing body of the City, as revised from time to time and posted on a publicly available pay schedule; and
(2) Special compensation is calculated for all employees covered under this Agreement based on all reportable hours in compliance with Government Code 2 Sections 20630, 20636, 7522.34 and California Code of Regulations Sections 571 and 571.1, as amended, and the guidance issued thereunder; and (3) In compliance with the above regulations, and for the avoidance of doubt, the parties agree to the following which shall be incorporated into the agreement under Article 2 Section 12 CERTIFICATION, SKILL, AND EDUCATION INCENTIVES:

The special compensation listed in this section 11 shall be paid at the indicated rate or percentage of base pay. When a holiday occurs, the employee's regular rate of pay for purposes of calculating the special compensation will include base pay plus the hourly equivalent of holiday pay. Holiday pay will only be included in the pay period in which the holiday is accrued, and some pay periods may not include holiday pay if no holidays occur during that time.
and;
(4) The above paragraphs #1 through #3 represents the understanding of the Parties for all periods covered by the current and prior Agreements.

EXECUTION
By signing below, I affirm and certify that I am authorized to execute this Amendment on behalf of the represented organization as noted.

2 For the Berkeley Fire EMS Professionals Association:

Name (Printed)
Signature
Date
Title
For the City of Berkeley:

Name (Printed)
Signature
Date
Title

Amendment No. 1
To The
Memorandums of Understanding
Between The
City of Berkeley
And
Berkeley Chief Fire Officers Association
Effective immediately as of the latest execution date below by either the City of Berkeley (the “City”) or Berkeley Chief Fire Officers Association (“BFCOA” or “Association”) (collectively, the “Parties”), the current Memorandum of Understanding (“MOU”) between the Parties effective July 1, 2023 to June 30, 2026, and all prior MOU’s between the Parties, including those dated July 1, 2021 to June 30, 2023; July 1, 2020 to June 30, 2021; June 16, 2017 to June 27, 2020; July 1, 2015 to June 17, 2017; June 24, 2012 to June 30, 2015; June 27, 2010 to June 23, 2012; July 2, 2006 to June 26, 2010; July 9, 2000 to July 1, 2006; June 30, 1996 to July 8, 2000; and all other MOUs between the Parties effective prior to June 30, 1996, are amended to include the following provisions, which is incorporated by reference and given full effect as if originally included in each MOU:

SPECIAL COMPENSATION
For purposes of clarity, the City and the Association hereby confirm, acknowledge, and ratify that all current and former employees covered under this, and prior Agreements will have special compensation calculated and reported to CalPERS as follows:
(1) Special compensation is calculated for all employees covered under this Agreement based on the currently effective pay schedule adopted by the governing body of the City, as revised from time to time and posted on a publicly available pay schedule; and
(2) Special compensation is calculated for all employees covered under this Agreement based on all reportable hours in compliance with Government Code 2 Sections 20630, 20636, 7522.34 and California Code of Regulations Sections 571 and 571.1, as amended, and the guidance issued thereunder; and (3) In compliance with the above regulations, and for the avoidance of doubt, the parties agree to the following which shall be incorporated into the agreement as additions to each corresponding Sections 2.1.9 (Emergency Medical Technician Differential); 2.1.12 (Longevity Pay); 2.3 (Bilingual Premium Pay);

2.8 (Incident Command Systems Certification Pay):

The special compensation listed in this section shall be paid at the indicated rate or percentage of base pay. When a holiday occurs for a member eligible for holiday pay, the employee's regular rate of pay for purposes of calculating the special compensation will include base pay plus the hourly equivalent of holiday pay. Holiday pay will only be included in the pay period in which the holiday is accrued, and some pay periods may not include holiday pay if no holidays occur during that time.
and;
(4) The above paragraphs #1 through #3 represents the understanding of the Parties for all periods covered by the current and prior Agreements.

2 EXECUTION
By signing below, I affirm and certify that I am authorized to execute this Amendment on behalf of the represented organization as noted.

For the Berkeley Chief Fire Officers Association:

Name (Printed)
Signature
Date
Title
For the City of Berkeley:

Name (Printed)
Signature
Date
Title

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
November 18, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Janelle Rodrigues, Director, Human Resources Subject: Adoption of Side Letter Agreement with Berkeley Police Association to clarify the calculation and reporting of special compensation under CalPERS regulations

RECOMMENDATION
Adopt a Resolution approving the Side Letter Agreement between the City of Berkeley and the Berkeley Police Association (BPA) to clarify and confirm the compounding and reporting of special compensation under CalPERS regulations.

FISCAL IMPACTS OF RECOMMENDATION
Adoption of a Resolution approving the Side Letter Agreement is consistent with current practices to the extent possible and may result in CalPERS compliance corrections to pensionable specialty pay that does not increase City costs.

CURRENT SITUATION AND ITS EFFECTS
This report requests City Council approval of a Side Letter Agreement with the Berkeley Police Association to align the reporting of special compensation with applicable CalPERS regulations. The amendment confirms the compounding methodology for all current and prior MOUs to ensure consistent and accurate pension reporting.

Following CalPERS compliance review, the City and the Berkeley Police Association agreed to amend the Memorandum of Understanding (MOU) to ensure compliance with reporting special compensation, consistent with California Government Code sections 20630, 20636, 7522.34 and related regulations. Adoption of the Side Letter clarifies the City’s approach and ensures transparency in compensation reporting.

The City and BPA have collaborated to review CalPERS reporting requirements for specialty and incentive pays and the compounding methodology. The proposed Side Letters clarify how such compensation is calculated and reported in compliance with Government Code sections 20630, 20636, 7522.34 and related regulations. Specifically, the Side Letter Agreements address, confirm, and clarify which specialty and incentive pays are reportable to CalPERS and articulates the methodology for compounding calculations for such pay.

15

Adoption of Side Letter Agreement with Berkeley Police Association to clarify the calculation and reporting of special compensation under CalPERS regulations

CONSENT CALENDAR
November 18, 2025

BACKGROUND
The City’s review of pension reporting practices in collaboration with CalPERS identified a need to clarify how special compensation items such as educational incentives, bilingual pay, and assignment premiums are compounded and reported to CalPERS.

During this review the parties identified discrepancies in pensionable and nonpensionable specialty pays that were reported to CalPERS. This Side Letter corrects and addresses those discrepancies.

The City met and conferred with the BPA regarding the agreed upon Side Letter.

Thereafter, CalPERS MOU Unit and Compliance Unit reviewed and affirmed compliance between the agreement and the regulations, so long as the agreement was memorialized and a resolution adopted by the governing body, together with other administrative implementation requirements.

The parties have agreed to enter into the Side Letter as provided in this resolution and this resolution would support the compliance requirements for the City to provide the specialty compensation and incentive pay and compounding as closely as possible to the original intent of the parties. This Side Letter memorializes that understanding and confirms compliance with CalPERS guidance.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no environmental or climate impacts.

RATIONALE FOR RECOMMENDATION
Approval of this Side Letter supports accurate pension reporting, ensures continued compliance with CalPERS requirements, and promotes transparency and consistency in labor agreements.

ALTERNATIVE ACTIONS CONSIDERED
No alternatives are recommended. Not approving the resolution could result in continued ambiguity and risk of reporting noncompliance.

CONTACT PERSON
Janelle Rodrigues, Director, Human Resources, 510-981-6807 Attachments:
1: Resolution
Exhibit A: Side Letter Agreement Between the City of Berkeley and the Berkeley Police Association Regarding Special Compensation Compounding

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

ADOPTING SIDE LETTER AGREEMENTS WITH THE BERKELEY POLICE

ASSOCIATION TO CLARIFY THE CALCULATION AND REPORTING OF SPECIAL

COMPENSATION UNDER CALPERS REGULATIONS
WHEREAS, the City of Berkeley and the Berkeley Police Association are parties to a Memorandum of Understanding (MOU) effective July 1, 2023 through June 30, 2026; and WHEREAS, both parties desire to clarify and memorialize how special compensation is calculated, compounded, and reported to CalPERS regarding the current and all prior MOUs; and
WHEREAS, the Side Letter Agreement, attached hereto and incorporated herein, confirms that the compounding and reporting of special compensation complies with California Government Code Sections 20630, 20636, and 7522.34, and the California Code of Regulations Sections 571 and 571.1; and
WHEREAS, the City Council has reviewed and considered the Side Letter Agreement as presented by the City Manager.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to execute the Side Letter Agreement between the City of Berkeley and the Berkeley Police Association.

Exhibits
A: Side Letter Agreement Between the City of Berkeley and the Berkeley Police Association Regarding Special Compensation Compounding

EXHIBIT A

Amendment
To The
Memorandums of Understanding
Between The
City of Berkeley
And
Berkeley Police Association

Effective immediately as of the latest execution date below by either the City of Berkeley (the “City”) or Berkeley Police Association (“BPA”) (collectively, the “Parties”), the current Memorandum of Understanding (“MOU”) between the Parties effective July 1, 2023 to June 30, 2026, and all prior MOU’s between the Parties dated: July 6, 1997 to July 7, 2001; July 8, 2001 to June 30, 2007; July 1, 2007 to June 25, 2011; June 26, 2011 to July 5, 2014; July 6, 2014 to June 30, 2017; July 1, 2017 to June 30, 2021; and July 1, 2021 to June 30, 2023, are amended to include the following provisions as a new Exhibit A, which is incorporated by reference and given full effect as if originally included in each MOU:

EXHIBIT A

SPECIAL COMPENSATION

For purposes of clarity, the City and the Association hereby confirm, acknowledge, and ratify that all current and former employees covered under this Agreement, and prior Agreements will have special compensation calculated and reported to CalPERS as follows:

(1) All special compensation within the meaning of California Code of Regulations Sections 571 and 571.1, as amended, is compounded for all employees covered under this Agreement for purposes of calculating and reporting compensation under Government Code Sections 20630, 20636, and 7522.34 and the guidance issued thereunder;

(2) The City of Berkeley shall compound special compensation as provided in this Amendment which shall be incorporated into the MOU as new section 13.7: Each item of special compensation as listed in the following charts (the first for Classic Members, i.e., those individuals who became CalPERS members prior to January 1, 2013; the second for New Members, i.e., those individuals who became CalPERS members on or after January 1, 2013) shall compound in the order listed below which represents the order the item of special compensation was established from the oldest item of special compensation to the newest. The initial calculation for compounding shall multiply base wage by the oldest special compensation percentage, add the result to the base wage, then apply the next applicable special compensation percentage to the new total, and so on until all reportable special compensation listed is fully calculated.

Classic Member Specialty Pay Compounding Sequence:

Special Compensation
Category
Special Compensation Type MOU
Section
Holiday Pay Holiday Pay 23
Premium Temporary Upgrade Pay

17.1 Special Assignment Pay Detective Division Premium (Homicide Detail) 13.1 Special Assignment Pay Lead Worker/Supervisor Premium

13.2 Incentive Lon gevity Pay 15
Educational Incentive Educational Incentive 13.3
Special Assignment Pay Bilin gual Premium Pay 13.4
Educational Peace Officer Standards and Training (POST) 13.5 Educational Educational Incentive 13.6

PEPRA Member Specialty Pay Compounding Sequence:

Special Compensation
Category
Special Compensation Type MOU
Section
Holiday Pay Holiday Pay 23
Special Assignment Pay Detective Division Premium (Homicide Detail) 13.1 Special Assignment Pay Lead Worker/Supervisor Premium

13.2 Incentive Lon gevity Pay 15
Educational Incentive Educational Incentive 13.3
Special Assignment Pay Bilin gual Premium Pay 13.4
Educational Peace Officer Standards and Training (POST) 13.5 Educational Educational Incentive 13.6

(3) Special compensation is calculated for all employees covered under this Agreement based on the currently effective pay schedule adopted by the governing body of the City, as revised from time to time and posted on a publicly available pay schedule; and

(4) Special compensation is calculated for all employees covered under this Agreement based on all reportable hours in compliance with Government Code Sections 20630, 20636, 7522.34 and California Code of Regulations Sections 571 and 571.1, as amended, and the guidance issued thereunder; and

(5) The parties agree to the following revisions:

[RENUMBERED 14.3]13.4 Field Training Officer Special Assignment:

Employees assigned as Field Training Officers shall receive a ten percent (10%) differential during any calendar year when actually working as a Field Training Officer. If an employee

is assigned as a Field Training Officer while on regular duty and not while on overtime, this differential for hours worked on regular duty shall be reported to CalPERS as Supervisor Special Assignment Pay.

[RENUMBERED 13.1]13.6 Homicide DetailCrime Scene Investigator Premium Detective Division Premium, (Homicide Detail)
A Police Sergeant assigned to the Homicide Detail shall receive a four percent (4%) salary differential. If a Police Sergeant is assigned to the Homicide Detail while on regular duty and not while on overtime, this differential for hours worked on regular duty shall be reported to CalPERS as Detective Division Special Assignment Pay. A Police Officer assigned to the Homicide Detail shall receive a three percent (3%) salary differential. If a Police Officer is assigned to the Homicide Detail while on regular duty and not while on overtime, this differential for hours worked on regular duty shall be reported to CalPERS as Detective Division Special Assignment Pay

Homicide Detail is an investigative division which consists exclusively of individuals in detective assignments. Therefore, the pay described in this section shall be reported to CalPERS as Detective Division Premium Pay.

Police Officers and Police Sergeants who are regularly assigned to the Homicide Detail as part of their normal duties shall receive a salary differential in recognition of the specialized and continuous nature of the assignment.

Police Officers shall receive a three percent (3%) salary differential.

Police Sergeants shall receive a four percent (4%) salary differential.

This differential applies only while the employee is assigned to the Homicide Detail and performing the associated duties as part of their regular work schedule. This premium is designated as Special Assignment Pay and is intended to compensate for the advanced investigative duties required in this assignment.

[RENUMBERED 13.2]13.3 Lead Worker/Supervisor Premium Supervisor Special Assignment When a Police Sergeant is regularly assigned to function as the Field Training Officer Supervisor they
shall receive a five percent (5%) salary differential while occupying that position. If an employee is assigned as the Field Training Officer Supervisor, while on regular duty and not while on overtime, this differential for hours worked on regular duty shall be reported to CalPERS as Supervisor Special Assignment Pay.

[RENUMBERED 14.1]13.2 Special Response Team (S.R.T)
An employee assigned as a member of the Special Response Team (S.R.T.) shall receive a five percent (5%) salary differential when involved in an active S.R.T. incident. If an employee is assigned as a member of the Barricaded Subjects Hostage Negotiation Team while on regular duty and not while on overtime, those hours worked as a S.R.T. member on regular duty shall be reported to CalPERS as Hazard Premium Pay.

[RENUMBERED 14.2] 13.1 Explosives Ordinance Technician
An employee assigned as an Explosives Ordinance Technician shall receive double their regular straight-time rate for that time spent (from call to completion) in dealing with explosives. Said double time shall be the total compensation for such time spent, whether on regular duty time or when called in from off-duty. If an employee is assigned as an Explosive Ordinance Technician while on regular duty and not while on overtime, those hours worked as an Explosive Ordinance Technician on regular duty shall be reported to CalPERS as Hazard Premium Pay.

SECTION 15: LONGEVITY PAY
Effective September 3, 2023, the longevity premium structure shall be discontinued and replaced with the following:

Upon the anniversary date of the beginning of the following years of service as an employee in a classification represented by the Association, shall receive the following differentials above their base rate of pay:
• Eighth (8th) Year of Service: three percent (3%)
• Twelfth (12th) Year of Service: an additional three percent (3%) for a total of six percent (6%)
• Fifteenth (15th) Year of Service: an additional three percent (3%) for a total of nine percent (9%)
• Eighteenth (18th) Year of Service: an additional three percent (3%) for a total of twelve percent (12%)
Employees who have already reached these levels of service shall receive the new premiums effective immediately.

Laterals: Employees who have prior years of service, as a sworn peace officer with a Federal, State, City, County, District or Tribal agency or laterals with equivalent experience as determined by the Chief of Police and the Director of Human Resources may have their prior years of service calculated toward longevity after they have satisfactorily completed five (5) years of service with the City in a classification represented by the Association. This benefit shall not be retroactively applied.

This Longevity Pay shall be reported to CalPERS as Longevity Pay Incentive Pay.

[RENUMBERED 13.3]13.5 Hazard Premium PayEducational Incentive - -–– M Mental Health Crisis Intervention Pay:

All sworn employees shall receive a Hazard Premium Pay called Mental Health Crisis Intervention Pay equal to two percent (2.0%) of base salary, which pay shall be provided on all hours the employee is in a paid status. This pay shall be in recognition of the fact that the City's sworn personnel are routinely and consistently exposed to uniquely hazardous conditions arising from law enforcement interactions with the mentally ill and are required to complete training intended to enhance sworn personnel's ability to perform the hazardous and specialized mental health related law enforcement duties which Berkeley's sworn personnel are consistently and routinely asked to perform, including arrests, potential arrests and addressing other mental health related disputes

All sworn employees who have successfully completed an educational course, as determined by the Chief of Police, which focuses on the abilities of sworn employees to interact with the

mentally ill or complete mental health-related law enforcement duties, which Berkeley’s sworn personnel are consistently and routinely required to perform, including arrests, potential arrests, and addressing other mental health-related disputes, shall receive Mental Health Crisis Intervention Pay equal to two percent (2.0%) of base salary. This pay shall be provided on all hours the employee is in a paid status. Employees who have not completed the requisite educational course or certificate will not be eligible for this pay.

[RENUMBERED 13.4]SECTION 14: BILINGUAL PREMIUM PAY
The Chief of Police, or their designee, may make a Bilingual Premium Pay Special Assignment of an employee who is able to demonstrate verbal communication skills in a language other than English, including Braille and sign language, and who routinely and consistently utilizes these bilingual skills for the City of Berkeley. Candidates for the Bilingual Premium Pay Special Assignment will be selected in a manner similar to the manner used to select Field Training Officers. The employee must agree to use the bilingual skill during their normal work shift regardless of assignment. Employees in the bargaining unit are routinely and consistently assigned to positions requiring communication skills other than English. In recognition thereof, tThe City shall provide Bilingual Premium Pay shall be aequal to five percent (5%) ofto base pay, shall applyapplicable to all employees who demonstrate communication proficiency in a language other than English, including Braille and sign language. The pay shall be applied to all hours in which the employee is ina paid status. This pay and shall be reported to CalPERS as Bilingual Premium Special Assignment Pay. The employee must agree to use the bilingual skill during their normal work shift regardless of assignment.

[RENUMBERED 13.5]13.7 Peace Officer Standards and Training (POST) In addition to the salary set forth in the Exhibit “A” of this Agreement, employees covered by this Agreement who qualify under regulations promulgated by the California Commission on Peace Officer Standards and Training shall receive the following educational/training incentive compensation. To receive the Intermediate Certificate and/or Advanced Certificate differential pay below, employees must submit documents required by the Berkeley Police Department Professional Standards Division verifying POST eligibility, including but not limited to copies of college transcripts, proof of a college degree and other related forms. Failure of the employee to submit documents required by the Professional Standards Division shall delay the POST incentive pay eligibility until such time as the employee provides all required documentation.

13.75.1 Intermediate Certificate: An employee who possess a Peace Officers Standards and Training Intermediate Certificate shall receive a five percent (5%) differential to base salary and such payment shall be reported to CalPERS as Peace Officers Standards and Training Certificate Pay as a form of Educational Pay.

13.75.2 Advanced Certificate: An officer who possess a Peace Officers Standards and Training Advanced Certificate, the employee shall receive a two percent (2%) differential to base salary and such payment shall be reported to CalPERS as Peace Officers Standards and Training Certificate Pay as a form of Educational Pay.

13.75.3 An employee may simultaneously receive the Intermediate and Advanced

Certificate differential for a total differential of seven percent (7%).

[RENUMBERED 13.6]13.8 Educational Incentive
Constitutional Humane Impartial Neighborhood and Community Oriented DEI-Centered (“KIND”) Policing: Education Incentive
Effective September 3, 2023, employees will receive a three percent (3.0%) differential above their base rate for the KIND policing education incentive.

Effective the first full pay period after July 1, 2024, employees will receive an additional one percent (1.0%) for a total four percent (4.0%) differential above their base rate for the KIND policing education incentive.

The City will administer a program of training and recordkeeping for this program and provide paid time for members to attend such trainings. In order to continue to qualify for this incentive, the Department will offer, and members must complete, a minimum 30-hour certification, consisting of classroom and/or field training, by December 31, 2024. Each subsequent year, the Department will offer, and members must complete 15 hours of continuing education by December 31. Trainings must either be provided by the Police Department or approved by the Police Chief or their designee. The City will begin to schedule trainings associated with the KIND incentive within 90 days of the adoption of this Agreement by City Council. Non-departmental trainings must be pre-approved by the Police Chief, or their designee, and must be obtained through an accredited college or university, a nationally recognized professional organization, or a continuing education course from a certified provider. To satisfy the hourly requirement, trainings must be in the following areas of study and must include trainings across at least (ten) 10 different categories:
• Active Bystandership for Law Enforcement
• Anti-Racism
• Communication Skills
• Community-Oriented Policing
• Constitutional Policing
• Criminal Law and Procedure
• Cultural Competence
• De-escalation Techniques
• Diversity, Equity, Inclusion & Belonging
• Empathy
• Ethics
• Impartial Investigation Techniques
• Implicit Bias Prevention
• Probable Cause
• Procedurally Just Policing
• Respectful Treatment of Others
• Other similar forms of training as approved by the City Manager Eligibility for the differential will be paused during periods of non-compliance. Once the member has come into compliance by fulfilling all missing hours, the differential will be restored, effective the next full pay period. Training hours that a member completes to come into compliance with a previous year’s compliance requirement shall only count toward the previous year’s requirement, and the member must separately, fully, and timely complete the current
year’s required hours to remain in compliance for the current year.

New and lateral hires will have the balance of the calendar year of their hire and the following calendar year to complete their 30-hour certification. The training hours required for compliance will be prorated for members who are on protected leaves according to the length of the leave.

Employees who are disciplined for sustained charges that conflict with the core values of the KIND differential such as excessive force, dishonesty, and/or discrimination/bias will be required to complete additional hours of KIND training, commensurate with the severity of the offense. For sustained offenses warranting suspension in excess of two weeks, members will be required to re-complete the 30-hour certification.

This differential shall be reported to CalPERS as an educational incentive in accordance with California Code of Re
gulations 571 and 571.1.

(6) The above paragraphs (1) through (5) represent the understanding of the Parties for all periods covered by the current and prior Agreements.

EXECUTION

By signing below, I affirm and certify that I am authorized to execute this Amendment on behalf of the represented organization as noted.

AGREED TO FOR THE CITY

_________________________
Paul Buddenhagen
City Manager
City of Berkeley

AGREED TO FOR THE UNION

__________________________
Niel Egbert
President

Berkeley Police Association

APPROVED AS TO FORM

________________________
Farimah Faiz Brown
City Attorney

________________________
Jacob Kalinski
Rains Lucia Stern St. Phalle & Silver

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

CONSENT CALENDAR
November 18, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Kevin Fong, Director, Information Technology Subject: Contract No. 32100079 Amendment: ePlus Technology Inc., for Cohesity Backup Software, Maintenance and Support.

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to amend Contract No. 32100079 to increase the spending authority with ePlus Technology Inc. (“ePlus”), for Cohesity backup software, maintenance and support services increasing the amount by $110,000 for a total not-to-exceed amount of $718,400 from November 1, 2020 to November 30, 2026.

FISCAL IMPACTS OF RECOMMENDATION
Funding for software maintenance and support services in the amount of $110,000 is allocated for Fiscal Year (FY) 2026 in the Department of Information Technology’s Cost Allocation Fund. Spending for software, maintenance and support in future fiscal years is subject to Council approval of the proposed citywide budget and annual appropriation ordinances.

CURRENT SITUATION AND ITS EFFECTS
The City currently utilizes Cohesity DataProtect (“DP”), provided through ePlus, as its enterprise backup and disaster recovery (“DR”) solution for email, websites, applications, and database servers. DP is a modern, cloud-based platform that streamlines and simplifies backup and recovery processes, delivering efficiency gains through faster backups, quicker and more reliable recovery, and enhanced security. The system also reduces administrative burden by requiring less staff intervention, while its advanced capabilities ensure resilience and adaptability to the City’s evolving technological needs.

Staff have found DP to be consistently reliable, providing effective and dependable backup and recovery capabilities. Based on this performance, staff recommend extending maintenance and support through November 2026 to ensure the City’s backup and disaster recovery systems continue to operate effectively, supporting daily operations and the delivery of essential services to the Berkeley community.

The DP and DR solution, provided by ePlus, supports the City’s Strategic Plan goal to create a resilient, safe, connected, and prepared City.

16

Contract Amendment: ePlus Technology Inc. for
Cohesity Software, Maintenance and Support CONSENT CALENDAR November 18, 2025

BACKGROUND
In February 2020, the City issued Request for Proposals No. 20-11386-C for a new enterprise backup and disaster recovery solution. The City received four qualifying responses, which were evaluated by a review committee against operational, technological, and fiscal requirements. Following this competitive evaluation process, the committee determined that the proposal from ePlus for the DP solution with hosted Cloud Storage best met the City’s needs. This implementation has provided the City with five years of reliable backup and recovery capabilities.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The DP solution eliminates the City’s reliance on approximately 350 magnetic tape cartridges each year. The manufacturing and recycling of these cartridges did not align with the City’s Green IT goals, and their elimination reduces environmental impact.

In addition, the solution removes the need to transport backup tapes to and from offsite storage facilities. This change not only reduces transportation costs but also decreases greenhouse gas emissions, further supporting the City’s sustainability objectives while improving operational efficiency.

RATIONALE FOR RECOMMENDATION
Renewing maintenance and support through November 2026 ensures the City continues to benefit from vendor updates, technical support, and security enhancements, while maintaining the stability of a proven platform that plays a critical role in daily operations and service delivery to the Berkeley community.

ALTERNATIVE ACTIONS CONSIDERED
At this time, staff does not recommend pursuing an alternative platform, as the current solution continues to meet the City’s operational needs effectively. Staff recommend a one-year renewal to ensure continuity of service while providing an opportunity to re- assess competitive market offerings that address the City’s long-term backup and disaster recovery requirements via a new RFP.

CONTACT PERSON
Kevin Fong, Director, Department of Information Technology, 981-6541 Attachments:
1: Resolution

RESOLUTION NO. ##,###–N.S.

CONTRACT NO. 32100079 AMENDMENT: EPLUS TECHNOLOGY INC. FOR

COHESITY BACKUP SOFTWARE, MAINTENANCE AND SUPPORT
WHEREAS, the City of Berkeley requires a reliable, secure, and efficient enterprise backup and disaster recovery system to safeguard critical production email, websites, applications, and database servers; and
WHEREAS, in February 2020 the City issued Request for Proposals No. 20-11386-C to replace its aging and inefficient tape-based backup system, which no longer met operational requirements; and
WHEREAS, after a competitive evaluation process, the City selected ePlus Technology Inc. (“ePlus”) to provide implementation services for the Cohesity DataProtect solution (“DP”); and
WHEREAS, on July 28, 2020, by resolution No. 69,520-N.S., the City Council authorized the City Manager to execute a contract with ePlus for DP; and WHEREAS, continued vendor maintenance and support are necessary to ensure ongoing access to software updates, security patches, and technical assistance, thereby maintaining the resiliency of critical City systems; and WHEREAS, funding for software, maintenance, and support is available in the Department of Information Technology’s Fiscal Year (FY) 2026 Cost Allocation Fund, and spending in future fiscal years is subject to Council approval of the proposed citywide budget and annual appropriation ordinances.

NOW THERFORE BE IT RESOLVED by the Council of the City of Berkeley that the City Manager or delegate is authorized to amend Contract No. 32100079 to increase the spending authority with ePlus, for DP software, maintenance and support services increasing the amount by $110,000 for a total not-to-exceed amount of $718,400 from November 1, 2020 to November 30, 2026.

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

CONSENT CALENDAR
November 18, 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: Paymun Building & Development, Inc. for the K-Dock Restroom Renovation Project

RECOMMENDATION
Adopt a Resolution:

1. Approving the plans and specifications for the K-Dock Restroom Renovation Project (Bid Specification No. 25-11743-C); and

2. Rejecting the bid from ERA Construction, Inc., the fourth lowest bidder and deem ERA Construction, Inc. ineligible to protest against Argos Construction, apparent lowest bidder, Paymun Building & Development, Inc., apparent second lowest bidder, and Green Bay Remodeling, Inc., apparent third lowest bidder; and

3. Rejecting the bid from Argos Construction as non-responsive; and

4. Accepting the bid of Paymun Building & Development, Inc. as the lowest responsive and responsible bidder on the Project; and

5. Authorizing the City Manager to execute a contract and any amendments, extensions or other change orders until completion of the project in accordance with the approved plans and specifications, with Paymun Building & Development, Inc., for the K-Dock Restroom Renovation Project, in an amount not to exceed $440,000, which includes a contract amount consisting of base bid of $368,000, additive bid item in the amount of $32,000, and a 10% contingency in the amount of $40,000.

FISCAL IMPACTS OF RECOMMENDATION
Funding is available in the FY 2026 budget in the Marina Fund (Fund 608) and will be recommended for appropriation through the FY 2026 first amendment to the appropriations ordinance in the Measure T1 Bond Fund (Fund 511). No other funding is required, and no other projects will be delayed due to this expenditure.

CONTRACTOR ...................................................................................... $368,000 Additive Bid Item…………………………………………………………… $32,000 10% Contingency $40,000
Total construction cost $440,000

17

Contract: Paymun Building & Development, Inc for the CONSENT CALENDAR K-Dock Restroom Renovation Project November 18, 2025

Source of funds
Marina Fund ....................................................................... $107,400 Measure T1 ........................................................................ $332,600 Total construction cost …………………………………….. $440,000

CURRENT SITUATION AND ITS EFFECTS
Built in the 1960’s, K-Dock Restroom is an existing public restroom at the Berkeley Waterfront that is in need of renovation in order to provide quality amenities to the public. The following project elements will be renovated: two existing sinks will be replaced with four sinks in total, two in the slip-holder’s restroom and two in the public restroom; five toilets and a urinal will be replaced with six toilets, each in their own fully walled-in room with mechanical ventilation; and two non-operational showers will be replaced with a single new ADA accessible shower. Two infant changing stations will be added and various restroom accessories will be added. A new bottle water filling station will be installed on the outside of the K-Dock. Staff recommends that a contract for this project be awarded to Paymun Building & Development, Inc.

BACKGROUND
The City conducted a competitive Invitation For Bid (IFB) process in July, 2025, and the bid opening was on August 26, 2025. Thirteen (13) bids were received from a low bid of $348,000 to a high bid $1,070,000 for the base bid work (see Attachment 2: Bid Abstract). The City has determined that Paymun Building and Development, Inc. meets the California public construction code definition of lowest responsive and responsible bidder. References for Paymun Building and Development, Inc. proved satisfactory.

Staff therefore recommends the contract be awarded to Paymun Building and Development, Inc.

On August 29, 2025, the City received a bid protest from ERA Construction Inc. (ERA), the apparent fourth lowest bidder against Argos Construction, apparent lowest bidder, Paymun Building & Development, Inc., apparent second lowest bidder, and Green Bay Remodeling, Inc., apparent third lowest bidder. The City is required to comply with the Project Manual, and specifically the Mandatory Bid Protest Procedures on Document 00 2114, Article 4, Section 4.01E, Page 00 2113-4 of the Project Manual, which states the following: “Only Bidders who the City otherwise determines are responsive and responsible are eligible to protest a Bid; protests from any other Bidder will not be considered. In order to determine whether a protesting Bidder is responsive and responsible, City may evaluate all information contained in any protesting Bidder’s Bid, and conduct the same investigation and evaluation as City is entitled to take regarding an Apparent Low Bidder.”
City staff evaluated ERA’s bid and deemed the bid non-responsive. Thus. ERA is ineligible to protest the project. A copy of the bid evaluation letter is attached as Attachment 3.

Contract: Paymun Building & Development, Inc for the CONSENT CALENDAR K-Dock Restroom Renovation Project November 18, 2025

To further determine the lowest responsive and responsible bidder, Staff evaluated Argos Construction, apparent lowest bidder’s bid proposal. Argos Construction failed to acknowledge Addendum No. 2 in the bid proposal.

While the City has discretion to waive inconsequential defects in a bid, the City cannot do so when the defect may affect the amount of the bid. (See Ghilotti Construction v.

City of Richmond (1996) 45 Cal.App.4th 897, 904 (“… [A] bid which substantially conforms to a call for bids may, though it is not strictly responsive, be accepted if the variance cannot have affected the amount of the bid or given a bidder an advantage or benefit not allowed other bidders or, in other words, if the variance is inconsequential”).

Here, Addendum No.2 contained changes to technical specifications that could have affected the amount of Argo’s bid and gave Argos an advantage for the lowest bid price.

Therefore, Argo’s bid is non-responsive.

Staff evaluated the bid proposal of Paymun Building & Development, Inc. (Paymun), apparent second lowest bidder, and found two minor irregularities: 1) they did not fill out the company name on Document 004113, and 2) they did not fill out Tax ID No. on Document 004214. These minor irregularities did not affect the amount of the bid. The City has discretion to waive inconsequential defects in bids. Accordingly, staff determined that Paymun Building & Development, Inc. was the lowest responsive and responsible bidder.. Staff recommends that a contract for this project be awarded to Paymun Building & Development, Inc.

The Living Wage Ordinance does not apply to this project since construction contracts are, pursuant to City policy, subject to State prevailing wage laws. The contractor will need to submit a certification of Compliance for the Equal Benefits Ordinance. The contract will not be subject to the Community Workforce Agreement.

ENVIRONMENTAL SUSTAINABILITY
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.

As a maintenance project, this project meets the criteria for a Categorical Exemption pursuant to CEQA Guidelines Section 15301 (Existing Facilities), since the project involves minor alteration (renovation) of an existing public facility with no expansion of existing use. On August 6, 2025, the City recorded a Notice of Exemption (NOE) for the project with the Alameda County Clerk.

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

Contract: Paymun Building & Development, Inc for the CONSENT CALENDAR K-Dock Restroom Renovation Project November 18, 2025

Plan Long-term goal number 1 to provide state-of-the-art, well-maintained infrastructure, amenities, and facilities.

ALTERNATIVE ACTIONS CONSIDERED
None

CONTACT PERSON
Scott Ferris, Director, Parks Recreation & Waterfront, 981-6700 Nelson Lam, Supervising Civil Engineer, PRW, 981-6395
Attachments:
1: Resolution
2: Bid Abstract Summary
3: Review of Bid Protest, Bid Proposal Letter

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

CONTRACT: PAYMUN BUILDING & DEVELOPMENT, INC. FOR THE K-DOCK

RESTROOM RENOVATION PROJECT
WHEREAS, the K-Dock Restroom, located at 201 University Avenue at the Berkeley Waterfront is in need of renovation; and
WHEREAS, the City has neither the labor nor the equipment necessary to undertake this project; and
WHEREAS, an invitation for bids was duly advertised in July 23, 2025, bids were opened on August 26, 2025, and the City received thirteen bids; and WHEREAS, the City rejected the bid from ERA Construction, Inc., the fourth lowest bidder and deemed ERA Construction, Inc ineligible to protest against Argos Construction, apparent lowest bidder, Paymun Building & Development, Inc., apparent second lowest bidder, and Green Bay Remodeling, Inc., apparent third lowest bidder; and WHEREAS, the City rejected the bid from Argos Construction as non-responsive; and WHEREAS, the City has determined that Paymun Building and Development, Inc. meets the California public construction code definition of lowest responsible and responsible bidder upon waiving inconsequential defects. References for Paymun Building and Development, Inc. proved satisfactory; and
WHEREAS, funding is available in the FY 2026 budget in the Marina Fund (Fund 608) and will be recommended for appropriation through the FY 2026 first amendment to the appropriations ordinance in the Measure T1 Bond Fund (Fund 511); and NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the Plans and Specification No. 25-11743-C for the K-Dock Restroom Renovation Project are approved.

BE IT FURTHER RESOLVED that the Council of the City of Berkeley accepts the bid of the lowest responsive and responsible bidder, Paymun Building and Development, Inc.

BE IT FURTHER RESOLVED that the Council of the City of Berkeley authorizes the City Manager to execute a contract and any amendments, extensions, or change orders until completion of the project in accordance with the approved plans and specifications with Paymun Building and Development, Inc. for the K-Dock Restroom Renovation in an amount not to exceed $440,000, which includes a contract amount consisting of base bid of $368,000, additive bid item in the amount of $32,000, and a 10% contingency in the amount of $40,000 for unforeseen circumstances. A record signature copy of the agreement and any amendments to be on file in the Office of the City Clerk.

Attachment 2 - Bid Abstract

PARKS RECREATION & WATERFRONT
2180 Milvia Street, 3rd Floor, Berkeley, CA 94704-1122; Tel: 510.981.6700; TDD: 510.981.6903; Fax: 510.981.6710 E-mail: [email protected]
Via Email:
[email protected]
October 2, 2025
Mr. Enrique Avila
ERA Construction, Inc.
1220 Marin Avenue
San Pablo, CA 94806
SUBJECT: REVIEW OF BID PROTEST, BID PROPSAL
K-Dock Restroom Renovation Project
Specification No. 25-11743-C
Dear ERA Construction Inc:

The City of Berkeley (City) has completed review of the Bid Protest for the K-Dock Restroom Renovation Project (Project). The City finds ERA Construction, Inc. (ERA) ineligible to protest.

Background Facts and Bid Protest Requirements
On July 23, 2025, the City released Specification No. 25-11743-C for bid. Th e project involves renovating an existing slip holder restroom into a public restroom and separate slip holder restroom with shower room, work includes, demolition and waste tracking requirements, site security, temporary portable toilet facilities for public use while exist ing restroom is closed for construction, new perforated panels, doors, interior walls, ADA accessible ramps and stair, security fence, interior improvements, signage, HVAC and Mechanical components, motion activated seismic shut -off valve for gas -meter (included in Mechanical components), plumbing fixtures, water bottle filler, and electrical components including lighting. On August 26, 2025, the City of Berkeley received and opened 13 bids. Bids ranged from a low base bid of $348,000 to a high base bid of $1,070,000.

The Bid Protest
On August 29, 2025, the City received a bid protest from ERA.

The City is required to comply with the Project Manual, and specifically the Mandatory Bid Protest Procedures on Document 00 2114, Article 4, Section 4.01E, Page 00 2113-4 of the Project Manual, which states the following:

Attachment 3: Review of Bid Protest, Bid Proposal Letter

K-Dock Restroom Renovation Project

REVIEW OF BID PROTEST, BID PROPSAL

2 “Only Bidders who the City otherwise determines are responsive and responsible are eligible to protest a Bid; protests from any other Bidder will not be considered. In order to determine whether a protesting Bidder is responsive and responsible, City may evaluate all information contained in any protesting Bidder’s Bid, and conduct the same investigation and evaluation as City is entitled to take regarding an Apparent Low Bidder.”

After evaluating ERA’s bid, the City has determined ERA’s bid was non-responsive due to the incompleteness of Part C of ERA’s Statement of Qualifications in the bid solicitation, as well as the following issues:

1. ERA did not list any project to demonstrate ERA’s continuously operating entity engaging in the performance of similar work in accordance with Project Manual, Document 00 4513 Statement of Qualifications for Construction Projects, Article 1.01 Minimum Bidder Qualifications, Item B. Bidders must have three (3) years experience as a continuously operating entity engaged in the performance of similar work.

2. ERA listed one project completed in the past year in attached Exhibit A, Page 1 for the “Niven Park Playground. Drainage, Concrete, ADA. Pathway Landscape, Sitework, Fencing.” ERA did not list any project to demonstrate successful experience with type of work of this Project, and completed two (2) projects of a similar nature and complexity in accordance with Project Manual, Document 00 4513 Statement of Qualifications for Construction Projects, Article 1.01 Minimum Bidder Qualifications, Item C. Bidders must demonstrate successful experience with type of work of this Project, to include, within the past year, completed two (2) projects of a similar nature and complexity with a contract dollar amount of (i.) at least 75% of the amount of Bidder’s Bid or (ii.) 125% of such amount in the aggregate.

3. ERA did not respond to Question 6 Prevailing Wage Provisions on page 00 4513-4 of the Attachment “A” – Statement of Qualification Questionnaire in the Project Manual.

4. ERA did not provide the name of project superintendent, and name of project scheduler. ERA did not provide list key personnel that will be assigned to Work the current project and their experience/training with the projects listed. ERA provided Exhibit “A” in the bid proposal, however, the required information is missing in Exhibit “A” in accordance with Page 00 4513-5, Part C: Experience of Prime Contractor.

5. ERA did not provide required information related such as a) Architect/Engineer, b) Construction Manager/Project Manager, b) Total Change Order Amount, c) Change Order exceed 10% of original contract sum, d) Time Extensions Granted, and e) stop notices filed by Subcontractors or Suppliers. ERA provided Exhibit “A” in the bid proposal, however, the required information is missing in Exhibit “A” in accordance with

currently completed projects. Names and references must be current and verifiable.

K-Dock Restroom Renovation Project

REVIEW OF BID PROTEST, BID PROPSAL
3 This listing will be used to assess compliance with the stated minimum qualifications in Section 1.01. If a separate sheet is used, it must contain all of the following information.

Read in its entirety, the cumulative effect of the above findings provides that ERA’s bid proposal is defective, and fails to meet the criteria set forth on Page 00 4513-3, ATTACHMENT “A” – STATEMENT OF QUALIFICATION QUESTIONNAIRE: “Bidders shall complete the entire Statement of Qualification Questionnaire and submit it in accordance with Document 00 2113 (Instructions to Bidders) and Document 00 4513 (Statement of Qualifications). Failure to complete the questionnaire or inclusion of any false statement(s) shall be ground for immediate disqualification.”
As explained above, the City deems the ERA’s bid is non-responsive thus ERA is ineligible to protest the project. This determination is final.

Please contact Nelson Lam, at [email protected] should you have any questions.

Thank you,
Scott Ferris
Director of Parks, Recreation & Waterfront Department
cc:

Nelson Lam, Supervising Civil Engineer
Robert Chan, Assistant Civil Engineer

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
November 18, 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: License Agreement for Temporary Parking for Tom Bates Regional Sports Complex

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute a license agreement and any amendments with the East Bay Regional Park District (EBRPD) for the City of Berkeley to use a portion of the North Basin Strip at McLaughlin Eastshore State Park for 18 months as temporary parking for Tom Bates Regional Sports Complex visitors during construction.

FISCAL IMPACTS OF RECOMMENDATION
This recommendation has no fiscal impact as there is no cost associated with the license agreement to use a portion of the North Basin Strip.

CURRENT SITUATION AND ITS EFFECTS
The Tom Bates Regional Sports Complex is one of the most highly used sports facilities in the region, serving around 19,000 youth and adult athletes every year. The City of Berkeley (City) is preparing to construct much-needed Phase 2 improvements including restrooms, a meeting facility, a storage room, six pickleball courts, and an additional grass soccer field on-site. The construction activity will use a large portion of the Sports Complex’s existing parking lot to stage vehicles, equipment, and materials. During this construction period, the City will use a portion of the North Basin Strip (owned by EBRPD) to temporarily provide parking for visitors. The proposed location for the temporary parking lot is an existing paved site west of the current lot.

On February 7, 2023, the EBRPD Board of Directors passed Ordinance No. 2023-02- 025 (Exhibit B) authorizing its General Manager to enter into a License Agreement (Exhibit A) granting the City temporary use of a portion of the North Basin Strip for Tom Bates Regional Sports Complex visitor parking. Council approval is needed for the City Manager to execute the License Agreement with EBRPD.

18

License Agreement for Temporary Parking for the CONSENT CALENDAR Tom Bates Regional Sports Complex November 18, 2025

BACKGROUND
The North Basin Strip is west of the Tom Bates Regional Sports Complex and is operated by EBRPD as part of the McLaughlin Eastshore State Park Regional Shoreline.

In 2007, the City entered into a Ground Lease agreement with EBRPD for the Tom Bates Regional Sports Complex property (formerly known as Gilman Fields) at 400 Gilman Street in Berkeley. As part of the Ground Lease agreement, the City agreed to construct improvements on the property. The City is now preparing to construct “Phase II Improvements,” which will build much-needed restrooms, a meeting facility, a storage room, six pickleball courts, and a grass soccer field on-site.

This construction is a Strategic Plan Priority Project advancing the City’s goal to provide state-of-the-art, well-maintained infrastructure, amenities, and facilities. The construction is funded by Measure T1 bonds, the Capital Improvement Fund, and the Parks Tax.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The license agreement provides the City temporary use of an existing paved area on EBRPD property that was previously used as overflow parking for the Golden Gate Fields Racetrack for several decades. There is no environmental impact associated with this license agreement.

RATIONALE FOR RECOMMENDATION
The Tom Bates Regional Sports Complex is one of the most highly used sports facilities in the region. The License Agreement allows the City to maintain public access to this high-demand resource that serves Berkeley and the region while the existing parking lot is used to stage construction activities.

CONTACT PERSON
Scott Ferris, Director, Parks Recreation and Waterfront, 981-6700 Attachments:
1: Resolution
Exhibit A: License Agreement
Exhibit B: East Bay Regional Park District Ordinance No. 2023-02-025

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

LICENSE AGREEMENT FOR TEMPORARY PARKING FOR TOM BATES REGIONAL

SPORTS COMPLEX
WHEREAS, in 2007, the City of Berkeley (“City”) entered into a Ground Lease agreement with the East Bay Regional Park District (“EBRPD”) for the property at 400 Gilman Street in Berkeley, now known as the Tom Bates Regional Sports Complex; and WHEREAS, as part of the Ground Lease, the City agreed to complete improvements on the leased premises; and
WHEREAS, the City will construct Phase II improvements including restrooms, a meeting room, a storage room, six pickleball courts, and an additional grass soccer field on the leased premises, and staging for the construction will occupy a large portion of the Sports Complex parking lot; and
WHEREAS, the EBRPD Ordinance No. 2023-02-025, passed February 7, 2023, authorizes and directs the agency’s General Manager to grant a license agreement with the City for the use of an approximately one-half acre area, located west of the Tom Bates Regional Sports Complex and within McLaughlin Eastshore State Park Regional Shoreline known as the “North Basin Strip,” to serve as a temporary parking lot for visitors during the construction period.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to execute a license agreement and any amendments with the East Bay Regional Park District for the City to use a portion of the North Basin Strip at McLaughlin Eastshore State Park Regional Shoreline for 18 months as temporary parking for Tom Bates Regional Sports Complex visitors.

Exhibits
A: License Agreement
B: East Bay Regional Park District Ordinance No. 2023-02-025

1 LICENSE AGREEMENT
for

TEMPORARY PARKING FOR TOM BATES REGIONAL SPORTS COMPLEX

EAST BAY REGIONAL PARK DISTRICT
and

CITY OF BERKELEY
McLAUGHLIN EASTSHORE STATE PARK
This AGREEMENT is made and entered into this ______ day of _________, 2025, (herein referred to as the “Effective Date”) by and between the EAST BAY REGIONAL PARK DISTRICT, a California special district, hereinafter called "PARK DISTRICT," and the CITY OF BERKELEY, a political subdivision of the State of California, hereinafter called “CITY”. PARK DISTRICT and CITY are referred to collectively herein as the “Parties.”

RECITALS

1. PARK DISTRICT is the owner of a 47.15-acre property (herein referred to as the “North Basin Strip Property”) located in Berkeley and comprised of two parcels identified as Alameda County Assessor’s Parcel Nos. 060 -2529-001-004 and 060 -2529-002-01; and

2. The North Basin Strip Property is operated by the PARK DISTRICT as part of the McLaughlin Eastshore State Park, subject to the terms and conditions of the 2002 Eastshore State Park General Plan and the 2013 Operating and Management Agreement executed by the PARK DISTRICT and the California Department of Parks and Recreation (hereinafter referred to as “State Parks”); and

3. The PARK DISTRICT leases to the CITY an adjacent 15.73-acre property identified as Alameda County Assessor’s Parcel No. 060 -2529-001-06 and known as the Tom Bates Regional Sports Complex and commonly referred to as the “Gilman Fields” (and so named in this agreement) under the terms and conditions of the 2007 Ground Lease; and

4. The CITY is preparing to construct the Phase II Improvements at the Gilman Fields, first described in the Ground Lease, and the construction activities will necessitate the staging of vehicles, equipment, and materials on a large portion of the Gilman Fields parking lot; and

5. Therefore, the CITY wishes to use a portion of the PARK DISTRICT’s North Basin Strip for temporary parking for Gilman Fields visitors; and

6. The temporary use of this section of the North Basin Strip Property for parking is consistent with Section III, Chapter D, item 3 of the Eastshore State Park General Plan and Section 15 of the Operating and Management Agreement; and

7. The PARK DISTRICT has secured the necessary concurrence from State Parks, pursuant to Section 15 of the Eastshore State Park General Plan and Section 15 of the Operating and Management Exhibit A

2 Agreement; and

8. The CITY shall secure the required permit from the Bay Conservation and Development Commission (“BCDC”), which is necessary for this licensed use because the greater portion of the North Basin Strip Property is located within BCDC’s jurisdiction.

Therefore, PARK DISTRICT, for a good and valuable consideration and in further consideration of the faithful performance and observance by CITY of all the terms and conditions herein contained, does hereby grant to CITY a license for the use of a portion of the North Basin Strip Property.

The license is granted by PARK DISTRICT and accepted by CITY upon the following terms and conditions and CITY does hereby agree with PARK DISTRICT as follows:

1. LICENSED PREMISES
Subject to the terms and conditions set forth in this agreement, PARK DISTRICT hereby licenses to CITY and CITY hereby licenses from PARK DISTRICT a 75-foot-wide by 385-foot-long portion of that property identified as Alameda County Assessor’s Parcel No. 060 -2529-001-04 and 060 -2529-002-01, hereinafter referred to as the “Licensed Premises.” The 28,875-square-foot Licensed Premises are depicted in Exhibit A, attached hereto.

2. TERM
The term of this License shall be eighteen (18) months, commencing on the Effective Date (“Term”).

Notwithstanding anything herein contained to the contrary, PARK DISTRICT shall also have the right to terminate this License as to all or any portion of the Licensed Premises if PARK DISTRICT requires the Licensed Premises to be devoted to park development or other park-related purposes. Said termination shall become effective upon PARK DISTRICT giving CITY ninety (90) days’ prior written notice thereof. In the event that PARK DISTRICT terminates the License or the License automatically terminates pursuant to this section, PARK DISTRICT shall not be liable for any damage caused to CITY due to the early termination, and CITY expressly waives any claim for damages due to termination of the License.

3. PURPOSE
The purpose of this License is to provide temporary public vehicular parking for the users of the adjacent Gilman Fields while the Gilman Fields parking lot is impacted by the Phase II Improvements construction project.

4. TITLE OF PARK DISTRICT
CITY hereby acknowledges the title of PARK DISTRICT in and to the Licensed Premises and agrees never to assail or to resist said title. CITY agrees that it has not nor will it hereafter acquire any rights or interest in the Licensed Premises, nor does CITY have nor will it obtain any right or claim to the use of the Licensed Premises beyond those specifically granted in this License.

3 5. PARK ACCESS
CITY may access the Licensed Premises from 8:00am to 11:00pm, corresponding to the Gilman Fields operational hours.

6. TERMS OF USE
CITY’s use of the Licensed Premises is subject to the following terms and conditions:
a) The CITY shall obtain all necessary permits for the improvements on the Licensed Premises and the operation of a parking lot on the Licensed Premises. b) The CITY shall construct the improvements and operate the parking lot in accordance with all applicable local, state, and federal laws, rules, and regulations. c) The CITY shall install sufficient additional cyclone fencing to secure the Licensed Premises and prevent unauthorized vehicular ingress during the Gilman Fields’ closed hours. d) However, the CITY shall include a 10’-wide gap in the center of the newly constructed southern fence for emergency vehicle and pedestrian/bicyclist ingress and egress, with a bollard in the middle to prevent vehicular trespass to the southern portion of the North Basin Strip Property.
e) The CITY shall install signage directing San Francisco Bay Trail and North Basin Strip Property pedestrians and cyclists to travel along the northern, western, and southern fencelines of the Licensed Premises, to avoid vehicles entering and exiting the Licensed Premises.
f) The CITY shall install signage to indicate that the Licensed Premises are for the sole use of Gilman Fields visitors on a temporary basis, that parking lot hours are 8:00am to 11:00pm, and that overnight parking is prohibited.
g) The CITY shall install its own lock on the daisy chain of locks and keep the gate locked from 11:00pm to 8:00am.
h) The CITY shall construct four Americans with Disabilities Act-compliant parking spaces. i) The CITY shall keep the Licensed Premises free of litter and weeds. j) CITY shall not leave or allow to remain on the Licensed Premises any garbage, refuse, debris, construction equipment or materials associated with the Phase II Improvements project, or any personal property.

If CITY violates any of the terms of use, PARK DISTRICT shall promptly notify the CITY of such violations, and the CITY shall have ten (10) calendar days to cure such violations. If the CITY fails to cure within ten (10) calendar days following notice by PARK DISTRICT, CITY will pay PARK DISTRICT any actual and reasonable costs incurred by PARK DISTRICT; provided, however, if the cure would reasonably take longer than ten (10) days to complete, CITY will be deemed to be in compliance if it commences the cure within such ten (10) day period and diligently prosecutes the same to completion.

7. REVOCATION
PARK DISTRICT may suspend or revoke this license in the event that CITY violates the terms of this License after providing written notice and an opportunity to cure.

8. CLEAN-UP AND SURRENDER OF LICENSED PREMISES TO PARK DISTRICT

4 At the expiration of the Term, or when CITY no longer requires access to and use of the Licensed Premises, or in the event that PARK DISTRICT revokes this License for CITY’s failure to abide by the terms and conditions, whichever occurs sooner, CITY shall, at its sole expense, properly remove all of its fencing, gate, and signage from the Licensed Premises, and shall leave the Licensed Premises in as good order and condition as it was delivered to CITY as of the Effective Date.

If CITY fails to cure within thirty (30) calendar days following notice by PARK DISTRICT, CITY agrees to promptly reimburse PARK DISTRICT for any actual and reasonable costs incurred by PARK DISTRICT in repairing any damage done to the Licensed Premises caused by CITY’s occupation or use, excepting reasonable wear and tear, and damage by the elements; provided, however, if the cure would reasonably take longer than thirty (30) days to complete, CITY will be deemed to be in compliance if it commences the cure within such thirty (30) day period and diligently prosecutes the same to completion.

9. NOTICES
All notices pursuant to this License other than the above notification for access in Section 10 hereinabove shall be addressed as set forth below or as either party may subsequently designate by written notice and shall be sent through the United States mail, email or by personal delivery. Email notices must clearly state that it is a notice given under this License.

TO: PARK DISTRICT
Land Acquisition Department
East Bay Regional Park District
2950 Peralta Oaks Court
Oakland, CA 94605-5369
ATTN: Land Acquisition Department
Or by email to:
[email protected]

TO: CITY
Scott Ferris
Director of Parks, Recreation and Waterfront
City of Berkeley
2180 Milvia Street, 3rd Floor
Berkeley, CA 94704

10. DAMAGE AND DESTRUCTION
If during the Term any of the Licensed Premises is wholly or partially destroyed from any cause, PARK DISTRICT shall have no obligation to repair or restore such damage and may elect, by written notice at any time after such damage or destruction occurs, to terminate this LICENSE effective the date of such notice. PARK DISTRICT’s written notice will include a description of the cause of such damage if known.

If such damage renders the area no longer suitable for CITY’s use, CITY may elect to terminate the License and shall provide PARK DISTRICT with written notice.

If such damage is caused by the actions of CITY then CITY shall restore said Licensed Premises to substantially the same condition as immediately before the damage. In the event of damage caused by the CITY, CITY shall notify PARK DISTRICT within ten (10) business days and subsequently shall submit plans for repair to PARK DISTRICT for PARK DISTRICT’s review and approval, which shall not be unreasonably withheld, conditioned or delayed. The PARK DISTRICT reserves the right to require CITY to temporarily or permanently vacate the Licensed Premises if the PARK DISTRICT deems any condition on the Licensed Premises to be unsafe for occupancy, upon written notice that includes a description of the reason(s) the

5 Licensed Premises has been deemed no longer safe for occupancy and the cause of such condition if known.

11. INDEMNIFICATION
CITY shall indemnify, save, protect, defend and hold harmless PARK DISTRICT, its boards, officers, employees, agents and contractors from and against any and all loss, liability, expense, claims, costs, suits and damages, including attorney’s fees, arising out of or connected with CITY’S use and possession of the Licensed Premises, except to the extent that such damages or claims are due to the gross negligence, willful misconduct or intentional acts or intentional omissions of PARK DISTRICT or any of its officers, employees, agents, contractors, successors, assigns, and invitees.

As to claims arising from this License or from CITY’s use and possession of the Licensed Premises, no party is liable to any other party for any of the following: (A) indirect or consequential loss; (B) loss of profits, loss of prospective economic advantage or benefit, or loss of business opportunity, whether direct or indirect; or (C) punitive or exemplary damages.

CITY agrees that the use of the equipment herein described within Licensed Premises shall be operated with all reasonable diligence and precaution to avoid damage or harm to the land, property, or personnel of PARK DISTRICT.

12. INSURANCE
a) CITY shall procure and keep in force during the term of the License, at CITY’s own cost and expense, the following policies of insurance with companies licensed to do business in the State of California and which are acceptable to PARK DISTRICT in PARK DISTRICT’S sole opinion. CITY shall, within fifteen (15) days from the date of the License, supply PARK DISTRICT with a copy of any policy certified to be a true and complete copy of the original showing that such insurance is in force prior to commencement of the term. Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit will apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit will be twice the required occurrence limit.

2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if CITY has no owned autos, covering hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.

6 4. Contractors Pollution Liability and/or Asbestos Pollution Liability and/or Errors & Omissions applicable t o the work performed, with a limit no less than $2,000,000 per claim or occurrence and $4,000,000 aggregate per policy period of one year.

Each of the above policies must contain a provision that policy shall not be cancelled or materially changed without thirty (30) days’ prior written notice to PARK DISTRICT. No cancellation provision in any insurance policy shall be construed in derogation of the continuous duty of CITY to furnish the required insurance during the term of the License.

b) The insurance policies are to contain, or be endorsed to contain, the following provisions:

1. Additional Insured Status. PARK DISTRICT , its officers, directors, officials, agents, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of CITY including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to CITY’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).

2. Primary Coverage. For any claims related to this contract, CITY’s insurance coverage will be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the PARK DISTRICT, its officers, officials, employees, and volunteers. Any insurance or self - insurance maintained by PARK DISTRICT , its officers, directors, officials, agents, employees, or volunteers will be excess of CITY’s insurance and will not contribute with it.

3. Self-Insured Retentions. Self -insured retentions must be declared to and approved by PARK DISTRICT. PARK DISTRICT may require CITY to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.

4. Acceptability of Insurers. Insurers must maintain a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to PARK DISTRICT.

5. Verification of Coverage. CITY will furnish PARK DISTRICT with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by PARK DISTRICT before work commences. However, failure to obtain the required documents prior to the work beginning will not waive CITY’s obligation to provide them.

PARK DISTRICT reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

6. Failure of Coverage. Failure, inability or refusal of CITY to take out and maintain during the entire term of this License any and all of the insurance as aforesaid shall at the option

7 of PARK DISTRICT constitute a breach of this License and justify immediate termination of the same.

If required, CITY shall cause to be procured and maintained in force during all times this License is in effect and during the time any of the work herein referred to is being performed, and six months thereafter, public liability and property damage insurance, including completed operations, contractual, and owned and non-owned automobiles in the sum of one million and no/100 dollars ($1,000,000.00) combined single limit. PARK DISTRICT and its directors, officers, agents and employees shall be named as additional insureds in such insurance coverage which shall be filed with PARK DISTRICT prior to the time of issuance of this License. Said certificate shall provide that such insurance coverage will not be canceled or reduced without at least 30 days' prior written notice to the PARK DISTRICT Representative.

CITY will be permitted to self-insure in lieu of the requirements for insurance secured from a private carrier. CITY shall submit a letter of self-insurance signed by a duly authorized representative to the PARK DISTRICT evidencing that CITY’s self-insurance program is in full force and effect.

13. CONFLICT OF INTEREST
Neither PARK DISTRICT, nor any director, employee, agent, representative, contractor or supplier of PARK DISTRICT, may in connection with this License (A) give to or receive from any director, officer, employee, or agent of CITY or its affiliate anything that is more than a nominal cost or value, or (B) enter into any business arrangement with any director, officer, employee, or agent of CITY or its affiliate without CITY’s prior written consent.

14. RECORDS AND INSPECTION
Up until 24 months from the end of the calendar year in which this License is terminated, (A) PARK DISTRICT and CITY shall retain all records related to this License and, (B) the other Party may inspect at any time all records to confirm that the requirements of this License are met.

15. ELECTRONIC SIGNATURES
This License may be executed by electronic signature(s) and transmitted either by facsimile or in a portable document format (“pdf”) version by email and such electronic signature(s) shall be deemed as original for purposes of this License and shall have the same force and effect as a manually executed original.

16. COUNTERPARTS
The exchange of counterpart signature pages between the Parties constitutes execution and delivery of this License. Executed signature pages sent by email, scan or otherwise by photocopy are valid means of delivery.

17. SEVERABILITY AND SAVINGS
Each provision of this License is severable, and any determination of invalidity of any provision does not affect any other provision.

8 18. PRIOR AGREEMENTS
This License supersedes all prior and contemporaneous representations, agreements, or commitments between the Parties concerning the subject matter of this License.

19. RESOLUTION OF DISPUTES
If a dispute arises between the Parties relating to this License, the Parties agree to resolve the dispute first by negotiation in good faith. If the dispute cannot be resolved by direct negotiation, the Parties agree to mediate the dispute before initiating litigation or arbitration. All mediation and arbitration fees and costs must be paid equally and each party shall bear its own attorneys’ fees and costs in connection with such mediation and arbitration.

IN WITNESS WHEREOF, the Parties have executed this License effective as of the last date set forth below.

9 LICENSOR

EAST BAY REGIONAL PARK DISTRICT
By: ____________________________
Sabrina Landreth
General Manager
Date: ___________________________
Approved as to Form:

By: ____________________________
Jason Rosenberg
Assistant District Counsel
Date: ___________________________

LICENSEE

CITY OF BERKELEY
By: ____________________________
Paul Buddenhagen
City Manager, City of Berkeley
Date ___________________________

N

Exhibit B

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
November 18, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhaggen, City Manager
Submitted by: Jordan Klein, Director, Planning and Development Department Subject: Mills Act Contract – 1619 Walnut Street

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to enter into a Mills Act contract with Noemi Ruelas for the maintenance and restoration of a City Structure of Merit property at 1619 Walnut Street.

FISCAL IMPACTS OF RECOMMENDATION
Approving the Mills Act contract for the City Structure of Merit property at 1619 Walnut Street would reduce the property tax bills for the owners by approximately $12,000 in year one, approximately 16% of which ($2,000) would be diverted from Berkeley’s tax revenue. Final amounts are determined by Alameda County after contract execution.

This will be an annual impact to the City’s tax revenue, as the contract runs for ten years, in comparable annual amounts, and automatically renews annually thereafter unless notice of nonrenewal is given. In turn, the work plan commits the owners to spending the anticipated tax savings on restoring the landmarked property. The Mills Act also specifies procedures for cancellation of the contract for a breach of conditions.

Council approval will allow property tax reduction for this property to begin in the 2026- 2027 fiscal year.

CURRENT SITUATION AND ITS EFFECTS
On June 6, 2019, the property at 1619 Walnut Street was designated as a City of Berkeley Structure of Merit, making the property owner eligible to take advantage of the Mills Act (see Attachment 2).

On September 4, 2025, the Landmarks Preservation Commission (LPC) reviewed the proposal by the present owner, Noemi Ruelas, to enter into a Mills Act contract for 1619 Walnut Street, including a proposed scope of work and maintenance schedule, and voted 5-1-0-1 to recommend approval of the Mills Act Contract application to City Council (Moved/Second Finacom/Crandall; Yes: Crandall, Finacom, Orbuch, Leuschner, Montgomery; No: Schwartz; Abstain: none; Absent: Plese).

19

Mills Act Contract – 1619 Walnut Street CONSENT CALENDAR November 18, 2025

BACKGROUND
The Mills Act allows owners of historic properties to voluntarily enter into individual contracts with the City, in order to obtain limited ad valorem tax relief at the discretion of host jurisdictions, in exchange for maintaining and restoring their historic property. The property tax savings are offered to create an incentive for owners to maintain their historic properties, to designate historic properties that are currently not protected, and to purchase and upgrade already dilapidated historic properties.

In Berkeley, owners of properties designated by the LPC as a Landmark or a Structure of Merit may apply for a Mills Act contract. The Alameda County Assessor uses a formula, consistent with the provisions of the Mills Act, to determine the amount of property tax reduction, which applies a capitalization rate to the calculated net operating income for the property under the Mills Act contract. The Mills Act application includes a ten-year work plan to restore and maintain the subject property. The total investment in the work plan is intended to equal or exceed the total amount of the property tax relief over the contract period.

On February 24, 1998, the Berkeley City Council passed Resolution No. 59,355-N.S., which authorizes the local use of the Mills Act of 1972, as amended, which is codified in California Government Code Section 50280-90 and Revenue and Taxation Code Section 439.

In 2011, State law was amended to include more specific requirements regarding inspection, fees, and cancellation. The amendments clarified that the local legislative body may require fees for providing services pursuant to the Mills Act; shall inspect the property prior to a new agreement and then every five years thereafter; and shall cancel the contract if it determines that the owner has breached the conditions of the contract.

As a result of these amendments, Land Use Planning fees for the approval and monitoring of these contracts were added in July 2012, with fee rates periodically adjusted to keep up with staff costs.

RATIONALE FOR RECOMMENDATION
In order to qualify for Mills Act consideration, 1) the property must qualify as historic; 2) the contract must adequately meet the requirements for Mills Act contracts; and 3) the type of improvements outlined in the work plan must meet the City standards, which require that tax savings be used according to the rules and regulations outlined in the Act.

The property located at 1619 Walnut Street is eligible for the Mills Act contract because it is a Berkeley Structure of Merit.

The contract template has been reviewed
by the City Attorney's Office for conformance to all relevant City and State regulations.

The contract includes a comprehensive work plan that the property owner has agreed to complete within the first ten-year contract period (see Attachment 3) and that provides

Mills Act Contract – 1619 Walnut Street CONSENT CALENDAR November 18, 2025

for the “preservation of the qualified historical property and, when necessary, to restore and rehabilitate the property to conform to the rules and regulations of the Office of Historic Preservation of the Department of Parks and Recreation, the United States Secretary of the Interior’s Standards for Rehabilitation, and the State Historical Building Code” (California Government Code Section 50281(b)(1)).The LPC has concluded that the proposed work plan meets the standards adopted by the City Council, and the costs of the proposed improvements are anticipated to equal or exceed the tax savings afforded the owners.

ENVIRONMENTAL SUSTAINABILITY & CLIMATE IMPACTS
Approval of the contract would encourage historic resource rehabilitation, materials conservation, and construction and demolition waste diversion.

ALTERNATIVE ACTIONS CONSIDERED
The Council could deny the application if it found that it did not satisfy the requirements of the Act.

CONTACT PERSON
Jordan Klein, Director, Planning and Development Department, 510-981-7534 Allison Riemer, Senior Planner/LPC Secretary, 510-981-7433 Attachments:

1. Draft City Council Resolution

2. Notice of Decision, Structure of Merit Designation for 1619 Walnut Street, effective date July 24, 2019

3. Rehabilitation Plan, dated August 27, 2025

4. LPC Staff Report September 4, 2025

Attachment 1
RESOLUTION NO. ##,###-N.S.

AUTHORIZING THE CITY MANAGER TO EXECUTE A MILLS ACT CONTRACT

AND ANY NECESSARY AMENDMENTS WITH NOEMI RUELAS, FOR THE

MAINTENANCE AND RESTORATION OF A HISTORIC PROPERTY LOCATED AT 1619 WALNUT STREET, IN RETURN FOR THE OWNER TO OBTAIN A PROPERTY

TAX REDUCTION
WHEREAS, on February 24, 1998, the Berkeley City Council adopted Resolution No. 59,355-N.S. which authorized the use of Mills Act contracts; and WHEREAS, on June 6, 2019, 1619 Walnut Street was designated as a City of Berkeley Landmark, which renders it eligible to take advantage of the Mills Act; and WHEREAS, on September 4, 2025, the Landmarks Preservation Commission reviewed the proposed projects listed in the Mills Act Contract Application for 1619 Walnut Street, and recommended that the City Council enter into a Mills Act contract with the property owner; and
WHEREAS, the City of Berkeley Mills Act program requires each contract to be approved by the City Council and signed by the City Manager; and WHEREAS, the City Council, in light of all evidence, finds that the contract is consistent with the purposes of the Mills Act program.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Berkeley that the City Manager is authorized to execute a Mills Act Contract and any necessary amendments with Noemi Ruelas for the maintenance and restoration of the historic property located at 1619 Walnut Street and in return offer a property tax reduction for a period of at least ten years, with a recorded copy of such contract and amendments to be on file in the Office of the City Clerk and Alameda County Clerk-Recorder.

L A N D M A R K S

P R E S ER V A T I O N

C O M M I S S I O N
N o t i c e o f D e c i s i o n
DATE OF COMMISSION DECISION: June 6, 2019
DATE NOTICE MAILED: July 8, 2019
APPEAL PERIOD EXPIRATION: July 23, 2019
EFFECTIVE DATE OF DECISION (Barring Appeal or Certification): July 24, 20191 1619 Walnut Street – Las Casitas Apartments
Landmark application #LMIN2019-0001 for the consideration of City Landmark or Structure of Merit designation status for a multi-unit residential property – APN 058-2179-025-00.

The Landmarks Preservation Commission of the City of Berkeley, after conducting a public hearing, APPROVED the following designation:

DESIGNATION: Structure of Merit
APPLICANT: Petition of Berkeley Residents prepared by Scott Wheeler, 1619 Walnut Street, Apt. A, Berkeley, CA 94709
ZONING DISTRICT: R-2A, Restricted Multiple-Family Residential ENVIRONMENTAL REVIEW STATUS: Categorically exempt under the California Environmental Quality Act Guidelines, Section 15061(3).

The application materials for this project are available online at:
http://www.cityofberkeley.info/zoningapplications

FINDINGS AND APPROVED APPLICATION ARE ATTACHED TO THIS NOTICE 1 Pursuant to BMC Section 1.04.070, if the close of the appeal period falls on a weekend or holiday, then the appeal period expires the following business day. Pursuant to BMC Section 3.24.190, the City Council may “certify” any decision of the LPC for review, within fifteen days from the mailing of the NOD. Such certification shall stay all proceedings in the same manner as the filing of a notice of appeal.

Attachment 2

LANDMARKS PRESERVATION COMMISSION

NOTICE OF DECISION
LMIN2019-0001
1619 Walnut Street
July 8, 2019

COMMISSION VOTE: 5-3-0-0 (one vacancy)

YES: ALLEN, CHAGNON, FINACOM, OLSON, O’MALLEY

NO: ABRANCHES DA SILVA, CRANDALL, SCHWARTZ

ABSTAIN:

ABSENT:

TO APPEAL THIS DECISION (see Section 3.24.300 of the Berkeley Municipal Code):

To appeal a decision of the Landmarks Preservation Commission to the City Council you must:

1. Submit a letter clearly and concisely setting forth the grounds for the appeal to the City Clerk, located at 2180 Milvia Street, 1st Floor, Berkeley; or by facsimile to (510) 981-6901.

The City Clerk’s telephone number is (510) 981-6900.

2. The appeal must be received prior to 5:00 p.m. on the "APPEAL PERIOD EXPIRATION" date shown above (if the close of the appeal period falls on a weekend or holiday, then the appeal period expires the following business day).

3. Submit the required fee (c hecks and money orders must be payable to ‘City of Berkeley’):
a. The basic fee for persons other than the applicant is $500. Th is fee may be reduced to $100 if the appeal is signed by persons who lease or own at least 50 percent of the parcels or dwelling units within 300 feet of the project site, or at least 25 such persons (not including dependent children), whichever is less.
b. The fee for appeals of affordable housing projects (defined as projects which provide 50 percent or more affordable units for households earning 80% or less of Area Median Income) is $500, which may not be reduced.
c. The fee for all appeals by Applicants is $2500.

If no appeal is received, the landmark designation will be final on the first business day following expiration of the appeal period.

NOTICE CONCERNING YOUR LEGAL RIGHTS:

If you object to this decision, the following requirements and restrictions apply:

1. If you challenge th is decision in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Landmarks Preservation Commission at, or prior to, the public hearing.

LANDMARKS PRESERVATION COMMISSION

NOTICE OF DECISION
LMIN2019-0001
1619 Walnut Street
July 8, 2019

2. You must appeal to the City Council within fifteen (15) days after the Notice of Decision of the action of the Landmarks Preservation Commission is mailed. It is your obligation to notify the Land Use Planning Division in writing of your desire to receive a Notice of Decision when it is completed.

3. Pursuant to Code of Civil Procedure Section 1094.6(b) and Government Code Section 65009(c)(1), no lawsuit challenging a City Council decision, as defined by Code of Civil Procedure Section 1094.6(e), regarding a use permit, variance or other permit may be filed more than ninety (90) days after the date the decision becomes final, as defined in Code of Civil Procedure Section 1094.6(b). Any lawsuit not filed within that ninety (90) day period will be barred.

4. Pursuant to Government Code Section 66020(d)(1), notice is hereby given to the applicant that the 90-day protest period for any fees, dedications, reservations, or other exactions included in any permit approval begins upon final action by the City, and that any challenge must be filed within this 90-day period.

5. If you believe that this decision or any condition attached to it denies you any reasonable economic use of the subject property, was not sufficiently related to a legitimate public purpose, was not sufficiently proportional to any impact of the project, or for any other reason constitutes a “taking” of property for public use without just compensation under the California or United States Constitutions, your appeal of this decision must including the following information:

A. That this belief is a basis of your appeal.

B. Why you believe that the decision or condition constitutes a "taking" of property as set forth above.

C. All evidence and argument in support of your belief that the decision or condition constitutes a “taking” as set forth above.

If you do not do so, you will waive any legal right to claim that your property has been taken, both before the City Council and in court.

PUBLIC COMMENT:

Communications to Berkeley boards, commissions or committees 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 a City board, commission or committee, 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 or in person to the secretary of the relevant board, commission or committee. 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 secretary to the relevant board, commission or committee for further information.

LANDMARKS PRESERVATION COMMISSION

NOTICE OF DECISION
LMIN2019-0001
1619 Walnut Street
July 8, 2019

FURTHER INFORMATION:

Questions about the project should be directed to the project planner, Alison Lenci, at (510) 981- 7410 or [email protected]. All project application materials, including full-size plans, may be viewed at the Permit Service Center (Zoning counter), 1947 Center Street , between 8 a.m. and 4 p.m., Monday through Friday.

ATTACHMENTS:

1. Findings

2. Landmark Application, received MAY 16, 2019

ATTEST:

Fatema Crane, Secretary

Landmarks Preservation Commission

cc: Residents
City Clerk
Initiator and Application Author:

Petition of Berkeley Residents prepared by
Scott Wheeler
1619 Walnut Street, Apt. A
Berkeley, CA 94709

Property Owner;
David Downs
1777 Lafayette Street, Unit #128
Santa Clara, CA 95050

A t t a c h m e n t 1
D R A F T F i n d i n g s
JUNE 6, 2019

1619
Walnut Street – Las Casitas Apartments
Landmark application #LMIN2019- 0001 for the consideration of City Landmark or Structure of Merit designation status for a residential property.

City of Berkeley Landmark Application LMIN2019-0001

PROJECT DESCRIPTION
Structure of Merit designation of the property at 1619 Walnut Street, Las Casitas Apartments.

CEQA FINDINGS

1. The project is found to be exempt from the provisions of the California Environmental Quality Act (CEQA, Public Resources Code §21000, et seq.) pursuant to Section 15061.b.3 of the CEQA Guidelines (activities that can be seen with certainty to have no significant effect on the environment).

LANDMARK PRESERVATION ORIDNANCE FINDINGS

2. Pursuant to Berkeley Municipal Code (BMC) Section 3.24.110.B Paragraph 2.c of the Landmarks Preservation Ordinance (LPO), the Landmarks Preservation Commission of the City of Berkeley (Commission) finds that the subject main building is a good example of Spanish Eclectic architecture. The building was constructed between 1927 and 1928, during the period of the Spanish Eclectic style (1915 - 1935). It includes many identifiable
features of the Spanish Eclectic style, including a flat roof with parapet walls, narrow tile covered shed roofs with regularly laid tapered mission style tile, asymmetrical façade, stucco walls, stain glass windows, decorative window grills, decorative iron sconces and door knockers and arcaded walkways.

FINDINGS 1619 WALNUT STREET – LAS CASITAS APARTMENTS

FEA

TURES TO BE PRESERVED

1. This Structure of Merit designation shall apply to the subject property and the following distinguishing features shall be preserved:

Features of the Site:
 Two semi-circled scored pathways, one along the side (south) property line and one along the side (north) property line;
 Five elongates diamond shape cutouts along the length of the southern pathway ;  Decorative cement urn at southwest corner of the site;  Rounded Archway reading ‘Las Casitas’ at the southwest corner of the site; and  Semi-circled scored stairways and stucco retaining walls leading to each apartment unit entrance on the south façade.

Features of the Main Building:
 All extant, exterior building features characteristic of the Spanish Eclectic style;  Two-story building with slightly recessed basement level 2-car garage;  Horizontal wood board and batten garage doors on front, west façade;  Flat parapet roof with three symmetrically placed false gables;  Asymmetrical façade;
 All regularly laid tapered mission style tile;
 Four narrow tile covered shed roofs with regularly laid tapered mission style tile along south façade;
 Semi-rough, rusticated stucco material;
 Wrought iron elaborations including:
o Two faux balcony grills, one on west façade and one on south façade; o Two handrails, one for unit A and one for unit B;
o Six foot long balcony on second story south façade;
o Seven encased door awnings connected to the building with U-shaped bars; o Seven exterior light fixtures, fashioned in a three-fourth circular pattern; and o Seven unit identification plaques with doorbells and unit letter cutouts.  Sixteen wood framed casement windows (4 on the west façade, 4 on the south façade, 2 on the east façade, and 6 on the north façade);  Nine wood framed stained glass windows (1 on the west façade, 8 on the south façade);
 Twenty wood framed double sliding windows on the east and north façade;  Two wood framed double-hung windows on the east façade;  Two wood framed fixed windows on east façade;
 Seven wood doors along south façade, each inset with 12 true divided light glass panes;
 Seven wood doors with screened windows along north façade; and  Seven hammered copper door knob plates.

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MILLS ACT

EXTERIOR REHABILITATION SCHEDULE
1619 WALNUT ST., BERKELEY
05/27/2025 rev.08/27/2025
Feature Character
Defining?
Condition Recommended Treatment Schedule Budgets
(from bids)
Stucco siding Yes Poor Repair as part of rehabilitation work outlined herein
2030 $20,000
Windows - front and south
side
Yes Poor Replace 21 windows with new to
match existing including repair and
reuse of stained glass as interior
lites
2028-30 $65,000
Entry doors - south side Yes Poor Replace 7 entry doors with new to match existing including sdalvage
and reuse of ornamental
escutcheon plates
2028-30 $28,000
Driveway Yes Poor Replace patterned concrete paving
to match existing including removal,
restoration and reinstallation of
ornamental iron arch and its
supports
2032 $75,000
Ornamental wrought-iron
wall-mounted unit
identification plaques
Yes Fair Repair and where irreparable
replace with new to match
2035 $5,000
Ornamental wrought-iron
wall-mounted lanterns at
front and south side
Yes Fair Repair and replamp 2035 $10,000
Metal awnings at south
side entry doors
Yes Poor Replace entry doors with new to
match existing
2032 $17,500
Total Estimated
10yr. Budget
$220,500
GENERAL NOTES:

A. This proposed 10 year work plan is focused on the rehabilitation of primary exterior features and materials.

B. The proposed work plan exceeds the estimated Mills Act tax reduction per the accompanying spreadsheet.

C. This focused work plan represents only a portion of current and future historic rehabilitation and maintenance work.

Attachment 3

Landmarks Preservation Commission Staff Report
Page | 1
App #LMMM2025-0002
Mills Act Contract Application at 1619 Walnut Street -
Las Casitas Apartments
September 4, 2025
Quick Facts Project Description:

Applicant: Mark Hulbert
Property Owner: Noemi Ruelas
Project Address: 1619 Walnut Street
GP Land Use: Medium Density
Residential (MDR)
Zoning: Restricted Multiple-Family
Residential (R-2A)
Historic District: No
CEQA: N/A
Submittal Date: June 3, 2025
Date Deemed Complete: July 3, 2025
Project Planner: Allison Riemer
The applicant is seeking a Mi
lls Act contract for a
Structure of Merit multifamily property.

Permits Requested:

N/A
Staff Recommendation:

Approve the proposed rehabilitation schedule and
recommend favorable action to City Council.

Attachment 4

Page | 2

VICINITY MAP SHOWING NEARBY CITY LANDMARKS & DISTRICTS

Figure 1: Vicinity and Zoning Districts Map

N

Page | 3
AERIAL

Figure 2: Aerial Image (Source: GoogleEarth 2025)

STREET ELEVATION

Figure 3: Southwest elevation (Source: Google Maps, 2025) N

Page | 4

BACKGROUND
The building at 1619 Walnut Street was constructed between 1927 and 1928, and features elements of the Spanish Eclectic style, including a flat roof with parapet walls, narrow tile covered shed roofs with regularly laid tapered mission style tile, asymmetrical façade, stucco walls, stain glass windows, decorative window grills, decorative iron sconces and door knockers and arcaded walkways. It is two stories over a partial garage and basement, with a one-story wing at the rear, and contains seven apartments. An ornamental wrought iron archway is at the driveway entrance. The site features two semi-circled scored pathways, one along the south side property line, and the other along the north side property line. Additional architectural details can be found in Attachment 1.

The subject property was designated a City Structure of Merit in 2019; see Attachment 4.

On June 3, 2025, the applicant, on behalf of the property owner, submitted a Mills Act Contract Application for the property.

ANALYSIS
The applicant’s historic architect, who is also serving as the historic resource consultant, prepared the Mills Act submittal in line with the City’s program requirements. The Mills Act application includes the following components:
1) H
istoric Architectural Summary for the subject property (Attachment 1), which includes a list of the Features to be Preserved, which are also character-de fining
features.
2) A Rehabilitation Plan (Attachment 2), which outlines the projects identified for restoration, rehabilitation, and maintenance of the property over the ten-year contract period; and
3) A financial analysis spreadsheet for estimating the potential Mills Act tax savings for this request, based on property-specific figures calculated using standard formulas.

The purpose of this review is to confirm the eligibility of the property to participate in the program and verify the validity of the identified work plan items. Should the City enter into a Mills Act Contract with the property owner, the Alameda County Assessor’s Office will be responsible for verifying the figures provided by the applicant, conducting calculations, and applying actual property tax reductions on future tax bills beginning in 2026.

All improvements included in the Rehabilitation Plan (Attachment 2) relate to restoring the historic, character-defining features of the building and site, or extending the Structure of Merit’s useful life. Based on the rehabilitation plan (Attachment 2), all of the proposed work items can be considered “ordinary maintenance and repair” since they do not include a change to the character of any of the exterior features, and therefore, would be exempt

Page | 5
from the requirements of a Structural Alteration Permit (SAP), pursuant to the Landmarks Preservation Ordinance (Berkeley Municipal Code Section 3.24.260). If any future work is proposed to go beyond the scope of “ordinary maintenance and repair,” it would be subject to prior approval by the Commission.

The work plan items appear to be justifiable in that they constitute restoration, repair, rehabilitation, and continued maintenance of the subject property. Further, the work plan would provide for the property’s “use, maintenance and restoration as to retain its characteristics as property of historical significance,” as provided for in the Mills Act, Government Code Sections 50280 et. Seq., as authorized by the Berkeley City Council per Resolution No. 59,355 – N.S. For these reasons, staff concludes that the proposed rehabilitation plan items represent improvements that are consistent with the requirements of the Mills Act.

MILLS ACT CONTRACT PROPOSAL
The intent of the Mills Act is to provide property tax relief so that the property owners entering into Mills Act Contracts with the City will reinvest a significant portion of the property tax savings resulting from the Contract into preserving and/or restoring their property. The applicant’s proposed 10-year plan of improvements is provided in Attachment 2, and summarized in Table 1, below.

Page | 6
Table 1. Summary of Rehabilitation Schedule & Recommended Treatments Feature
Treatment
(as recommended by historic resource consultant)
Estimated
Year of
completion
Stucco siding Repair 2030
Windows- west and south Replace 21 windows with new to match existing, and repair and reuse stained glass as interior lites.
2030
Entry doors- south side
Replace 7 seven entry doors with new to match existing, including salvage and reuse of ornamental escutcheon
plates
2030
Driveway
Replace patterned concrete paving to match existing
including removal, restoration, and reinstallation of
ornamental iron arch and its supports
2032
Wrought iron wall-mounted
unit identification plaques Repair, and where irreparable replace with new to match 2035 Wrought iron wall-mounted
lanterns at front and south
side
Repair and relamp
2035
Metal awnings at south entry
doors Replace with new to match existing 2032
Per the applicant’s calculations in Attachments 2 and 3, the owner’s work plan represents a full reinvestment of the savings into the property (i.e. spending $220,500 on the 10-year work plan, while saving $148,880 in property tax reduction over the 10-year period).

RECOMMENDATION
Staff has determined that all work proposed in the Mills Act Contract work plan provides for the property’s “use, maintenance and restoration as to retain its characteristics as property of historical significance,” and advises the Commission to recommend that City Council approve the Mills Act Contract request for the subject property.

Environmental Review
The review of the Mills Act contract is not subject to the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) “ Review for

Page | 7
Exemptions.”
Attachments

1. Historic Architectural Summary, dated May 28 and July 31, 2025

2. R ehabilitation Plan, dated Ju ly 31,
2025

3. Financial Analysis Spreadsheet, received August 27, 2025

4. Notice of Decision – Structure of Merit Designation, June 6, 2019

5. Project Estimates, received June 30 and August 1,2025

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
November 18, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Terrance Davis, Director, Public Works
Subject: Contract: DC Electric for On-Call Electrical Services

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with DC Electric to provide on-call electrical services for a three-year period from December 1, 2025 to November 30, 2028, in an amount not to exceed $375,000, with an option to extend for two additional one-year terms. The service rates will be adjusted annually in accordance with the pricing outlined in the awarded bid.

FISCAL IMPACTS OF RECOMMENDATION
There are funds available in the adopted FY2026 Public Works Budget (Funds 127, 134, and 142) for electrical on-call services. Funding for future years is subject to Council approval of the funds in the Fiscal Years 2027-2028 Budget.

CURRENT SITUATION AND ITS EFFECTS
Public Works’ existing contracts for on-call electrical services are older than five years and set to expire at the end of fiscal year 2026. To avoid disruption in maintenance, repair and installations for the City’s electrical infrastructure, it is necessary to execute a new contract based on the results of the recent competitive solicitation.

On-call electrical services provides support on critical electrical projects and tasks, including:
 Traffic and Pedestrian Signal Installation, Maintenance and Repair  Conduit Repairs and Support of Electric Vehicle Charges in City-Owned Garages  Parking, Parks, Pathway and Street Light Installation, Maintenance and Repair  Indoor Electrical Services and Repairs
The City conducted Invitation to Bid Specification No. 25-11728-C, released on August 12, 2025, with proposals due no later than September 25, 2025. The City received five

20

Contract: DC Electric for On-Call Electric Services CONSENT CALENDAR November 18, 2025

proposals in response. The selection committee, composed of subject matter experts from Public Works evaluated all proposals.

The evaluation criteria used to rate the proposals were as follows:
 Project Approach (20%),
 Expertise and References (25%),
 Cost (25%), and
 Ability to Perform Services Listed in the Scope of Services (30%).

DC Electric was selected as one of the most responsive bidders to the solicitation.

Additional vendors are anticipated to be selected once the reference check process is completed.

This contract will support the City’s facilities and is in alignment with the City’s Strategic Plan, advancing our goal to provide state-of-the-art, well-maintained infrastructure, amenities, and facilities.

BACKGROUND
Public Works maintains the City’s electrical infrastructure, which includes 223 traffic signals and 8,000 streetlights, along internal electrical systems within City facilities.

These systems are essential systems to provide needed traffic control, illumination and access to electricity for staff and citizens. However, Public Works does not have the staffing capacity and expertise required to support all the needs of the City’s electrical systems. These systems need regular maintenance and repair to run optimally and function efficiently. Public Works also lacks the staffing capacity required to install or upgrade lighting and electrical systems, so the Department utilizes vendors for support.

DC Electric responded to the bid invitation and were selected as a responsive bidder.

The selected vendor has the adequate staff and equipment necessary to service the City. This contract will ensure clear guidelines and standardized prices for electrical services for City assets.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Regular maintenance and repair of electrical systems is essential for optimizing system performance, prolonging equipment lifespan and minimizing the environmental impact of these systems. Well-maintained electrical systems operate more efficiently, which leads to consuming less energy and reducing carbon emissions.

RATIONALE FOR RECOMMENDATION
The City requires reliable and responsive electrical services to maintain the electrical infrastructure and assets of City facilities. This agreement ensures ongoing service and prevents potential disruption to City operations.

Contract: DC Electric for On-Call Electric Services CONSENT CALENDAR November 18, 2025

The on-call electrical services contract will address the City’s needs, while stabilizing costs and fees. The selected service provider will be utilized as needed to ensure the City has adequate resources available for electrical installation, maintenance and repair.

ALTERNATIVE ACTIONS CONSIDERED
If Public Works does not contract for electrical services, there will be delays and increased costs associated with maintaining and updating the City’s electrical infrastructure.

CONTACT PERSON
Joy Brown, Operations Manager, (510) 981-6629
Aaron Baker, Facilities Maintenance Superintendent, (510) 981-6452 Tucker Brofft, Senior Management Analyst, (510) 981-5375 Erika Barros, Associate Management Analyst, (510) 981-6462 Attachments:
1: Resolution
2: Abstract of Bids

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

CONTRACT: DC ELECTRIC FOR ON-CALL ELECTRICAL SERVICES
WHEREAS, the City conducted RFP Solicitation No. 25-11728-C with bids due no later than September 25, 2025; and
WHEREAS, the City received five proposals and a selection committee, composed of subject matter experts from the Department of Public Works , evaluated the bids; and WHEREAS, DC Electric was selected as one of the most responsive and highest- scoring vendors; and
WHEREAS, funding is available in the FY2026 adopted budget in the Public Works Electrical Division Fund 127, Fund 134 and Fund 142 budgets. Funding for future years is subject to Council’s approval of the proposed citywide budget for Fiscal Years 2027- 2028.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to execute a contract and any amendments with DC Electric to provide on-call electrical services for Public Works Electrical Division for a three-year period from December 1, 2025 to November 30, 2028 in an amount not to exceed $375,000, with an option to extend for two additional one-year terms. The service rates will be adjusted annually in accordance with the pricing outlined in the awarded bid.

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
November 18, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Terrance Davis, Director, Public Works
Subject: Contract No. 32500098 Amendment: Pacific Site Management Landscaping Services for Gilman Street and Interstate 80 Interchange Project

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32500098 with Pacific Site Management to increase the spending authority by $300,000, for a new total not to exceed of $600,000 and extending the contract through June 30, 2028, and executing a reimbursement agreement with the Alameda County Transportation Commission for up to $300,000.

FISCAL IMPACTS OF RECOMMENDATION
Funding for the contract amendment will come from Alameda County Transportation Commission (ACTC) in an amount of $200,000 and $100,000 from the Public Works Department FY 2026 budget. City resources are comprised of a combination of Sanitary Sewer, Clean Storm Water, Zero Waste, and Measure BB Local Streets and Roads Funds. The City has entered into an agreement with ACTC to assume landscape maintenance responsibility associated with the plant establishment period (PEP) of the Gilman/I80 Interchange Project. Per the agreement, ACTC will reimburse the City for costs of the landscape maintenance work for the period between November 1, 2025, and April 30, 2028. ACTC will also reimburse City for administration of this PEP effort.

CURRENT SITUATION AND ITS EFFECTS
The Public Works Department does not have staff assigned to perform landscape maintenance and this amendment to the existing landscape maintenance contract with Pacific Site Management will cover additional work at the Gilman/I80 Interchange for the two-and-a-half-year period between November 1, 2025, and April 30, 2028.

Contract No. 32500098 was approved by City Council through Resolution No. 70,804- N.S. on September 30, 2024, and is managed by Public Works to address onsite landscaping needs at City facilities. The City amended the contract through Resolution No. 71,672-N.S. on February 25, 2025 to add funds and extend the term to cover ongoing services and future projects, such as maintenance of new green infrastructure locations.

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Contract No. 32500098 Amendment: Pacific Site Management: CONSENT CALENDAR Landscaping Services for Public Works Department November 18, 2025

Typical maintenance tasks include removing competitive species, removing sediment, trash, and debris, and maintaining irrigation, and other Green Infrastructure (GI) components. Maintenance tasks may also include a range of other activities including repairing small erosion problems, pruning trees, removing graffiti, and replanting or reseeding areas.

BACKGROUND
In April 2023, under Specification No. 23-11564, the City released a Request for Proposals (RFP) and convened a panel of stakeholders which selected Pacific Site Management as the most responsive and responsible bidder for providing landscaping services at City facilities managed by the Health, Housing and Community Services Department. These standards and landscaping services were also applicable to the services required to meet the City’s traffic circle and green infrastructure maintenance needs. Therefore, Public Works utilized Specification No. 23-11564 to execute contract No. 32500098.

The Gilman/I80 Interchange improvements and long-term infrastructure maintenance responsibility rests with the City. Council adopted Resolution No. 71,457-N.S. which approved the execution of the Project Specific Maintenance Agreement (PSMA) with Caltrans for the Gilman/I80 Interchange including the pedestrian overcrossing bridge.

The PSMA was executed on March 6, 2025. As the project was delivered in partnership, ACTC has requested that the City manage the initial maintenance period and commit remaining project funding to pay for the initial project maintenance period.

After the initial project maintenance period, maintenance responsibilities will follow the PSMA as part of the City’s regular responsibilities.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no anticipated negative environmental effects or climate impacts of this action. This contract amendment provides for proper maintenance of the landscaping and green infrastructure installations at the Gilman/I80 interchange, which slow runoff by dispersing it to vegetated areas, which promote infiltration and evapotranspiration, and use bioretention to improve the water quality of stormwater runoff. Any vegetative debris generated from their services will be converted into usable compost.

RATIONALE FOR RECOMMENDATION
Pacific Site Management is contracted to the City with demonstrated experience in providing landscaping maintenance services. Approving this amendment saves staff time and City funds by avoiding another RFP process for services identical to those outlined in Specification No. 23-11564.

ALTERNATIVE ACTIONS CONSIDERED
There is no alternative action at this time. If the contract amendment is not authorized, the City will inform ACTC that the City is unable to manage the PEP work.

Contract No. 32500098 Amendment: Pacific Site Management: CONSENT CALENDAR Landscaping Services for Public Works Department November 18, 2025

CONTACT PERSON
Peni Basalusalu, Deputy Public Works Director, 510-981-6485 Joy Brown, Operations Manager, Public Works, 510-981-6629 Attachments:
1: Resolution
Exhibit A: PEP Maintenance Areas

RESOLUTION NO. 70,804-N.S.

CONTRACT NO. 32500098 AMENDMENT: PACIFIC SITE MANAGEMENT:

LANDSCAPING SERVICES FOR PUBLIC WORKS
WHEREAS, the City of Berkeley Department of Public Works, is committed to providing state-of-the-art, well-maintained infrastructure, amenities, and facilities; and WHEREAS, the City Council approved Resolution No.64,507-N.S. on June 3, 2009, establishing a Bay-Friendly landscaping policy for City projects; and WHEREAS, the City Council approved Resolution No.69,090-N.S. on September 10, 2019 adopting a Green Infrastructure Plan; and
WHEREAS, Pacific Site Management was selected as the most qualified vendor by the City’s Request for Proposal process to meet a Bay-Friendly, Green Infrastructure Plan in April 2023, under Specification No. 23-11564, which included bidding from multiple vendors, draft proposals, and pricing; and
WHEREAS, Pacific Site Management and the City executed Contract No. 32500098, which was approved by Council on September 30, 2024, through Resolution No. 70,804- N.S. for an amount not to exceed $150,000; and
WHEREAS, Pacific Site Management’s Contract No. 32500098 was expanded by Council on February 25, 2025 through Resolution No. 71,672-N.S. to $300,000 and extended to June 30, 2027; and
WHEREAS, with additional landscaping service needs at the Gilman/I80 Interchange and Alameda County Transportation Commission (ACTC) asking the City for support to complete the plant establishment period (PEP) and offering to reimburse the City’s costs for that support through executing a reimbursement agreement; and WHEREAS, adding this additional PEP work to Pacific Site Management’s Contract No. 32500098, expanding the contract not to exceed amount to $600,000 to cover the cost of the work for a two-and-a-half-year period, and extending the contract to June 30, 2028 is the recommended way to efficiently support ACTC’s request.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager or designee is authorized to execute an amendment to Contract No. 32500098 with Pacific Site Management to increase the spending authority by $300,000, for a new total not to exceed of $600,000 and extending the contract through June 30, 2028.

AND BE IT FURTHER RESOLVED by the Council of the City of Berkeley that the City Manager or designee is authorized to execute a reimbursement agreement with ACTC for up to $300,000 establishing the details of the agreement for the City to perform the PEP work for ACTC’s Gilman/I80 Interchange Improvement Project and for ACTC to reimburse all of the City’s costs associated with managing and performing the PEP work. A record signature copy of said contract and any amendments will be on file in the City Clerk Department.

Exhibit:

A: Gilman/I80 PEP Areas Map

Public Works Gilman/I80 PEP Area maps
October 2025

City of Berkeley
Caltrans
Need to Verify
Blue

BlueBlue
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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
November 18, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Terrance Davis, Director, Public Works
Subject: Contract: On-Call Handrail Fabrication and Installation Services, Bailey Fence Company, Inc.

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute a contract with Bailey Fence Company, Inc. for on-call handrail fabrication and installation services for a three- year period from January 1, 2026, through December 31, 2028, in an amount not to exceed $150,000.

FISCAL IMPACTS OF RECOMMENDATION
Initial funding for the consultant contract is available in Fiscal Year (FY) 2026 in the Capital Improvement Fund (501). Funding for FY 2027 through FY 2029 is subject to appropriation in the future fiscal years’ capital budget based on the department’s needs for handrail fabrication and installation services. Work will be performed on an as- needed basis through individual task orders.

CURRENT SITUATION AND ITS EFFECTS
The City released a Request for Proposals (RFP) on August 13, 2025 (Specification No. 25-11676-C) seeking a qualified contractor to provide as-needed fabrication and installation of handrails at public paths and stairways throughout the City. On the RFP closing date of September 10, 2025, the City received one proposal, from Bailey Fence Company, Inc. Staff evaluated Bailey Fence Company’s proposal and determined that it meets all RFP requirements. Bailey Fence Company, Inc. was the sole respondent to the RFP, and their submission was found to be responsive and in line with the City’s needs. City staff reviewed the firm’s qualifications and checked references to verify the company’s experience and capability, with references yielding positive feedback.

This contract supports the City’s Strategic Plan goal to provide state-of-the-art, well- maintained infrastructure, amenities, and facilities.

BACKGROUND
Berkeley has approximately 140 public paths and stairways within the public right-of- way. A condition survey conducted by the Berkeley Path Wanderers Association (BPWA) in May 2025 found that about 40 of these locations lack any handrail coverage,

22

Contract: On-Call Handrail Fabrication and Installation Services, CONSENT CALENDAR Bailey Fence Company, Inc November 18, 2025

while another 7 have handrails in need of repair or replacement. In the past, the City has addressed handrail needs through small one-off contracts or by using City staff for minor repairs. However, many projects require specialized fabrication skills and equipment that the City does not maintain in-house. Establishing an on-call contract for handrail fabrication and installation services will streamline the delivery of these critical safety improvements. Rather than issuing separate bids for each project, City staff will be able to quickly engage the on-call contractor to design, fabricate, and install handrails as need arises and as funds are available. This approach saves time, reduces administrative costs, and ensures important safety enhancements are completed in a timely manner.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no negative environmental effects of this action. The contract will help ensure accessibility compliance for City infrastructure improvements, supporting pedestrian mobility and reducing reliance on vehicle transportation.

RATIONALE FOR RECOMMENDATION
Bailey Fence Company, Inc. demonstrated the qualifications and experience necessary to perform the required services. The company's proposal met all RFP requirements and their pricing is reasonable for the specialized nature of the work. Having an on-call contractor will allow the City to respond efficiently to handrail installation needs as they arise from capital improvement projects, ADA compliance requirements, and maintenance needs.

ALTERNATIVE ACTIONS CONSIDERED
Council could choose not to award this contract, which would require the City to re- solicit for these services or procure handrail services on a project-by-project basis. This would result in delays to accessibility improvements and potentially higher costs due to the specialized nature of the work.

CONTACT PERSON
Wahid Amiri, Deputy Director, Public Works, (510) 981-6396 Ronald A. Nevels, Manager of Engineering, Public Works, (510) 981-6439 Terrence Salonga, Interim Supervising Civil Engineer, Public Works, (510) 981-6447 Attachments:
1: Resolution – Contract with Bailey Fence Company, Inc. 2: Abstract of Bids

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

CONTRACT: BAILEY FENCE COMPANY, INC. FOR ON-CALL HANDRAIL

FABRICATION AND INSTALLATION SERVICES

WHEREAS, on August 13, 2025, the City released Request for Proposals Specification No. 25-11676-C seeking qualified contractors to provide on-call handrail fabrication and installation services in public rights-of-way; and

WHEREAS, on September 11, 2025, the City received one submission from Bailey Fence Company, Inc., which was reviewed and found to meet the City's requirements; and

WHEREAS, Bailey Fence Company, Inc. has been determined by City staff to be qualified and responsive to the City's request for on-call handrail fabrication and installation services; and

WHEREAS, funding will be identified and requested for appropriation as project needs arise in future fiscal years.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to execute a contract with Bailey Fence Company, Inc. for on-call handrail fabrication and installation services for the contract period of January 1, 2026 through December 31, 2028 in an amount not to exceed $150,000. A record signature copy of said contract shall be on file in the Office of the City Clerk

Office of the City Manager

CONSENT CALENDAR
November 18, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Terrance Davis, Director, Public Works Department Subject: Contracts: On-Call Industrial Hygiene and Regulatory Compliance Services

RECOMMENDATION
Adopt four Resolutions authorizing the City Manager to execute the following contracts, and any amendments, extensions or other change orders for on-call industrial hygiene (IH) services and on-call regulatory compliance (RC) services, each for a contract period of January 1, 2026 to January 1, 2029:

1. IH: Acumen Industrial Hygiene, Inc for an amount not to exceed $100,000;

2. IH: Millennium Consulting Associates for an amount not to exceed $100,000;

3. IH: Ninyo & Moore Geotechnical & Environmental Sciences Consultants: for an amount not to exceed $100,000; and

4. RC: Geosyntec Consultants, Inc. for an amount not to exceed $4,000,000.

FISCAL IMPACTS OF RECOMMENDATION
Funding for the Industrial Hygiene contracts for Fiscal Year (FY) 2026 is available in the adopted Public Works budget in the Capital Improvement Fund (501). Funding for the Regulatory Compliance Services contract for FY 2026 is available in the adopted FY 2026 budget for the Zero Waste Fund (601). Funding for FY 2027, FY 2028, and FY 2029 is subject to appropriation in the future fiscal years’ budget for the Capital Improvement Fund and the Zero Waste Fund and would be evaluated in the future based on the department’s need for industrial hygiene and regulatory compliance services.

CURRENT SITUATION AND ITS EFFECTS
Public Works is responsible for the maintenance and construction of City buildings including fire stations, senior centers, public garages, and multi-storied office buildings.

Many of these buildings were constructed prior to 1980 and may contain hazards. In addition, Public Works is also responsible for the post-closure maintenance, monitoring, and reporting for the closed Berkeley Landfill (also known as Cesar Chavez Park, and located on the shoreline of the San Francisco Bay). To meet these obligations, Public

23

Contracts: On-Call Industrial Hygiene CONSENT CALENDAR And Regulatory Compliance Services November 18, 2025
Works sought consultant(s) to provide industrial hygiene and hazardous material assessment services primarily related to construction and demolition activities, and landfill post-closure maintenance consulting and compliance.

A Request for Qualifications (RFQ) was issued August 6, 2025, (Specification No. 25- 11744-C) seeking qualified firms or individuals to provide on-call industrial hygiene and/or regulatory compliance services. Firms or individuals were able to submit a proposal to provide industrial hygiene consulting services only, regulatory compliance services only, or both.

On August 26, 2025, the City received Statements of Qualifications (SOQs) from six firms. Four firms for only industrial hygiene services, one firm for only regulatory compliance services, and one firm for both scopes of services. A panel of City staff reviewed the industrial hygiene SOQs and selected Acumen Industrial Hygiene, Millennium Consulting Associates, and Ninyo & Moore Geotechnical & Environmental Sciences Consultants as the best qualified firms to meet the City’s needs. A separate panel of City staff reviewed the regulatory compliance services SOQs and selected Geosyntec Consultants, Inc. as the best qualified firm to meet the City’s needs.

On-Call Industrial Hygiene services and Regulatory Compliance services is a Strategic Plan Priority Project, advancing our goal to provide state-of-the-art, well-maintained infrastructure, amenities, and facilities.

BACKGROUND
The City seeks this contract with Geosyntec to provide regulatory compliance services due to the increased requirements at the closed landfill including: radiological testing, chemical sampling, and other compliance activities associated with the Bay Area Air Quality Management District Abatement Order. Geosyntec provides the City with a level of subject matter expertise on landfill regulatory compliance required to meet the increased regulatory requirements. Existing City staff do not possess this subject matter expertise.

In June 2015, the City issued an RFP for On-Call Industrial Hygiene Services (Specification No. 15-10954). One firm was selected and a not to exceed (NTE) contract for $50,000 was awarded. City Council approved Resolution 69,612-N.S in June 2016, which authorized a contract amendment increasing the NTE amount to $200,000. The expiration date of this contract was extended to June 30, 2025.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Geosyntec’s regulatory compliance services for landfill post-closure maintenance consulting and compliance will ensure that the City maintains compliance with Bay Area Air Quality Management District, San Francisco Bay Regional Water Quality Control Board, and CalRecycle regulations that relate to environmental protection and sustainability. Since 2024, additional compliance activities have been required at the closed Berkeley Landfill. Geosyntec can provide technical expertise and knowledge on

Contracts: On-Call Industrial Hygiene CONSENT CALENDAR And Regulatory Compliance Services November 18, 2025
emerging trends and technologies related to closed landfill infrastructure, maintenance, and monitoring. The City does not have the in-house capability or expertise required for the increased compliance demands at the closed Berkeley Landfill.

Acumen Industrial Hygiene, Millennium Consulting Associates, and Ninyo & Moore Geotechnical & Environmental Sciences Consultants will assist the City with sampling and reporting for lead, asbestos, and other hazardous materials in City facilities.

Contracting with these firms allows the City to ensure construction and renovation projects meet health and safety standards for workers, employees, and the public.

RATIONALE FOR RECOMMENDATION
Acumen Industrial Hygiene, Millennium Consulting Associates, and Ninyo & Moore Geotechnical & Environmental Sciences Consultants are all highly qualified industrial hygiene firms. Geosyntec is a highly qualified regulatory compliance firm. The City does not have the capability to provide these services in-house. Establishing on-call contracts allows City staff to retain services as-needed, quickly, and based on a standard fee schedule.

ALTERNATIVE ACTIONS CONSIDERED
No alternative actions were considered. The City does not have the staff expertise or resources to provide the necessary services.

CONTACT PERSON
Wahid Amiri, Deputy Director, Public Works, (510) 981-6396 Ronald A. Nevels, Manager of Engineering, Public Works, (510) 981-6439 Elmar Kapfer, Supervising Civil Engineer, Public Works, Phone # (510) 981-9391 Attachments:
1: Resolution: Contract with Acumen Industrial Hygiene
2: Resolution: Contract with Millennium Consulting Associates 3: Resolution: Contract with Ninyo & Moore Geotechnical & Environmental Sciences Consultants
4: Resolution: Contract with Geosyntec Consultants, Inc. 5: Bid Abstract

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

ACUMEN INDUSTRIAL HYGIENE FOR ON-CALL INDUSTRIAL HYGIENE SERVICES WHEREAS, on August 6, 2025, the City released a Request for Qualifications (Specification No. 25-11744-C) seeking firms or individuals to provide on-call industrial hygiene and/or regulatory compliance services; and
WHEREAS, firms or individuals were able to submit a proposal to provide industrial hygiene consulting services only, regulatory compliance services only, or both; and WHEREAS, on August 26, 2025, the City received 5 submissions, 4 of which included submissions for the industrial hygiene scope of services which were reviewed and rated; and
WHEREAS, the submission from Acumen Industrial Hygiene 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 execute a contract and any amendments with Acumen Industrial Hygiene for on-call industrial hygiene services for City-owned facilities from January 1, 2026, to January 1, 2029, for an amount not to exceed $100,000 with the option to extend for two (2) additional one-year terms. A record signature copy of said contract and any amendments to be on file in the Office of the City Clerk.

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

MILLENNIUM CONSULTING ASSOCIATES HYGIENE FOR ON-CALL INDUSTRIAL

HYGIENE SERVICES
WHEREAS, on August 6, 2025, the City released a Request for Qualifications (Specification No. 25-11744-C) seeking firms or individuals to provide on-call industrial hygiene and/or regulatory compliance services; and
WHEREAS, firms or individuals were able to submit a proposal to provide industrial hygiene consulting services only, regulatory compliance services only, or both; and WHEREAS, on August 26, 2025, the City received 5 submissions, 4 of which included submissions for the industrial hygiene scope of services which were reviewed and rated; and
WHEREAS, the submission from Millennium Consulting Associates 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 execute a contract and any amendments with Millennium Consulting Associates for on-call industrial hygiene services for City-owned facilities from January 1, 2026, to January 1, 2029, for an amount not to exceed $100,000 with the option to extend for two (2) additional one-year terms. A record signature copy of said contract and any amendments to be on file in the Office of the City Clerk.

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

NINYO & MOORE GEOTECHNICAL & ENVIRONMENTAL SCIENCES

CONSULTANTS FOR ON-CALL INDUSTRIAL HYGIENE SERVICES
WHEREAS, on August 6, 2025, the City released a Request for Qualifications (Specification No. 25-11744-C) seeking firms or individuals to provide on-call industrial hygiene and/or regulatory compliance services; and
WHEREAS, firms or individuals were able to submit a proposal to provide industrial hygiene consulting services only, regulatory compliance services only, or both; and WHEREAS, on August 26, 2025, the City received 5 submissions, 4 of which included submissions for the industrial hygiene scope of services which were reviewed and rated; and
WHEREAS, the submission from Ninyo & Moore Geotechnical & Environmental Sciences Consultants 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 execute a contract and any amendments with Ninyo & Moore Geotechnical & Environmental Sciences Consultants. for on-call industrial hygiene services for City-owned facilities from January 1, 2026, to January 1, 2029, for an amount not to exceed $100,000 with the option to extend for two (2) additional one-year terms. A record signature copy of said contract and any amendments to be on file in the Office of the City Clerk.

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

CONTRACT: GEOSYNTEC CONSULTANTS, INC. FOR ON-CALL REGULATORY

COMPLIANCE SERVICES
WHEREAS, on August 6, 2025, the City released a Request for Qualifications (Specification No. 25-11744-C) seeking firms or individuals to provide on-call industrial hygiene and/or regulatory compliance services; and
WHEREAS, firms or individuals were able to submit a proposal to provide industrial hygiene consulting services only, regulatory compliance services only, or both; and WHEREAS, on August 26, 2025, the City received 5 submissions, 2 of which included submissions for the regulatory compliance services scope of services, which were reviewed and rated; and
WHEREAS, the highest rated firm was considered the best qualified to meet the City’s needs; and
WHEREAS, the submission from Geosyntec Consultants, Inc. has been found, by City staff, to be the highest rated firm, responsive to the City’s request; and WHEREAS, funding is available in the FY 2026 budget in the Zero Waste Fund 601, and funding in future years 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 execute a contract and any amendments with Geosyntec Consultants, Inc. for on-call regulatory compliance services for the contract period of January 1, 2026, through January 1, 2029, in an amount not to exceed $4,000,000. A record signature copy of said contract and any amendments to be on file in the Office of the City Clerk.

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

CONSENT CALENDAR
November 18, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Terrance Davis, Director, Public Works
Subject: Multi-Year Purchase Orders with Papé Kenworth Inc. for Parts and Related Equipment for Kenworth, Peterbilt, and PACCAR Medium-and Heavy-Duty Trucks

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute purchase orders with Papé Kenworth, Inc., an authorized dealer of Kenworth Truck Company, a Division of PACCAR Inc., for parts and related equipment used on Kenworth, Peterbilt, and PACCAR medium and heavy-duty trucks, in an amount not to exceed $380,000, for a period of three-years.

FISCAL IMPACTS OF RECOMMENDATION
The FY 2026 Adopted Public Works Department (Fund 672) Budget includes adequate funding to support for this purchase agreement. Funding for FY 2027 and FY 2028 are subject to future Council approval.

CURRENT SITUATION AND ITS EFFECTS
The Public Works Department requires ongoing access to manufacturer certified service and maintenance parts to ensure the safe and reliable operation of the City’s medium and heavy-duty fleet. This purchase order will provide original equipment manufacturer (OEM) parts and components for both routine maintenance and emergency repairs for Kenworth, Peterbilt, and PACCAR trucks.

Per the City’s Purchasing Manual, Council authorization is required for any vendor with an annual spend exceeding $100,000. Establishing a three-year purchase order with Papé Kenworth, Inc. will consolidate prior year agreements, ensure continuity of service, and maintain compliance with City procurement requirements.

The City’s competitive bidding requirements for this purchase have been satisfied by using Sourcewell Contract No. 032824-KTC. Papé Kenworth, Inc. is an authorized regional dealer for Kenworth Truck Company, a Division of PACCAR Inc., and will provide genuine OEM parts, warranty support, and technical assistance as needed. Papé Kenworth is one of several vendors used by Public Works for this class of equipment.

24

Multi-Year Blanket Purchase Orders with Papé Kenworth Inc. for Parts and Related CONSENT CALENDAR Equipment for Kenworth, Peterbilt, and PACCAR Medium-and Heavy-Duty Trucks November 18, 2025

Truck parts are routinely needed to maintain and repair the City’s fleet. This purchase order will support continued fleet reliability and aligns with the City’s Strategic Plan goal to provide state-of-the-art, well-maintained infrastructure, amenities, and facilities.

BACKGROUND
The City Charter allows the City to purchase goods without undergoing a competitive bid process if the City utilizes pricing obtained by another entity through a competitive process. On February 8, 2024, Sourcewell released Request for Proposal No. 032824 for Class 4–8 Chassis and Cabs with Related Equipment, Accessories, and Services.

The solicitation was released for approximately forty-nine days, and twenty-six proposals were submitted. Upon review of proposals, the Sourcewell Proposal Evaluation Committee selected Kenworth Truck Company, a Division of PACCAR Inc., as the most responsive and responsible proposer to meet the specifications, thereby awarding Contract No. 032824-KTC.

On July 5, 2024, Sourcewell executed a contract with Kenworth Truck Company, authorizing participating agencies to purchase trucks, equipment, and related parts and services through authorized regional dealers, including Papé Kenworth Inc. Article 5, Section A of the referenced contract states that participating entities may issue purchase orders directly to the Supplier’s authorized dealers using the pre-negotiated pricing and terms of the Sourcewell contract.

Throughout the year, Public Works purchases parts via cooperative contracts to ensure that City departments receive the best pricing. These parts are specialized and require OEM authorization to ensure compatibility, quality, and warranty compliance.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The City prioritizes maintaining its vehicles in the most efficient and environmentally responsible condition possible.

Timely preventive maintenance supported by the use of OEM parts helps extend vehicle life, minimize breakdowns, and maintain compliance with emissions standards. Well- maintained equipment also supports the City’s ongoing transition from diesel to renewable fuels and, where operationally and technically feasible, to an all-electric fleet.

The use of OEM components aligns with the City’s Fleet Electrification and Sustainability goals, by ensuring existing vehicles remain in optimal operating condition until replacement with zero-emission alternatives becomes feasible.

RATIONALE FOR RECOMMENDATION
Purchasing OEM parts from Papé Kenworth Inc. is the most cost-effective method of maintaining the City’s medium and heavy-duty trucks in safe and reliable working condition. The use of genuine OEM parts ensures proper fit, performance, and warranty compliance, reducing vehicle downtime and extending the service life of existing equipment. Maintaining an adequate supply of OEM parts also ensures that Public

Multi-Year Blanket Purchase Orders with Papé Kenworth Inc. for Parts and Related CONSENT CALENDAR Equipment for Kenworth, Peterbilt, and PACCAR Medium-and Heavy-Duty Trucks November 18, 2025

Works can complete preventive maintenance and repair work in a timely manner, minimizing the risk of service interruptions to City operations.

Utilizing pricing obtained through Sourcewell Contract No. 032824-KTC satisfies the City’s competitive bidding requirements and ensures the most competitive pricing available.

ALTERNATIVE ACTIONS CONSIDERED
Public Works could procure non-OEM or aftermarket parts. However, aftermarket parts may not meet manufacturer specifications and could void existing warranties or reduce vehicle performance and reliability. Utilizing genuine Kenworth OEM parts through Papé Kenworth Inc., ensures proper fit, quality, and continued warranty protection.

CONTACT PERSON
Joy Brown, Operational Manager, (510) 981-6629
Don Colbert, Acting Equipment Superintendent, (510) 981-6467 Attachment:
1: Resolution

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

MULTI-YEAR PURCHASE ORDERS: PAPÉ KENWORTH INC. FOR PARTS AND

RELATED EQUIPMENT FOR KENWORTH, PETERBILT, AND PACCAR MEDIUM AND

HEAVY-DUTY TRUCKS
WHEREAS, original equipment manufacturer (OEM) medium and heavy-duty truck parts are needed by the City; and
WHEREAS, on February 8, 2024, Sourcewell released Request for Proposal No. 032824 for Class 4-8 Chassis and Cabs with Related Equipment, Accessories, and Services; the solicitation remained open approximately forty-nine days, and twenty-six proposals were submitted; and
WHEREAS, upon review of proposals, the Sourcewell Proposal Evaluation Committee selected Kenworth Truck Company, a Division of PACCAR Inc., as the best most responsive proposer to meet the specifications, thusly awarding Contract No. 032824- KTC; and
WHEREAS, Papé Kenworth Inc. is an authorized regional dealer for Kenworth Truck Company and will provide genuine OEM parts, warranty support, and technical assistance to the City under the pricing and terms of Sourcewell Contract No. 032824- KTC; and
WHEREAS, for all Sourcewell contracts, the administrative fee is paid by the Supplier directly to Sourcewell and is not passed on to the City; and WHEREAS, funds for this purchase are available in the Public Works Department Equipment Maintenance Fund (672) for FY 2026, with future year funding to be appropriated through Annual Appropriations Ordinance #1 for a total not-to-exceed amount of $380,000.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to execute purchase orders with Papé Kenworth Inc. for service and maintenance parts for parts and related equipment for Kenworth, Peterbilt, and PACCAR medium and heavy-duty trucks in an amount not to exceed $380,000 for a three-year period ending December 31, 2028.

Transportation and Infrastructure Commission
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: http://www.CityofBerkeley.info/Manager

CONSENT CALENDAR
November 18, 2025
To: Honorable Mayor and Members of the City Council
From: Transportation and Infrastructure Commission
Submitted by: Ren Zaro, Commission Chair
Subject: Recommendation to Rename "5 ½ Street" Alleyway as Jeronimus Alley

RECOMMENDATION
Adopt a Resolution, by at least a two-thirds Council majority, renaming the alleyway running parallel between 5th and 6th streets, located between Camelia Street and Virginia Street, unofficially labeled as "5 ½ Street," to "Jeronimus Alley" in honor of Wayne Jeronimus.

FISCAL IMPACTS OF RECOMMENDATION
The funding required for the new signage and installation is estimated to cost $2,400 and is available in the FY 2026 adopted budget in General Fund 011.

CURRENT SITUATION AND ITS EFFECTS
As part of its September 21, 2023 meeting, the Transportation and Infrastructure Commission (TIC) heard a request from the Berkeley Path Wanderers Association to name the alleyway running parallel between 5th and 6th streets, located between Camelia Street and Virginia Street, as "Jeronimus Alley" in honor of Wayne Jeronimus.

At its October 16, 2025 meeting, the Commission considered and acted by voting to recommend to Council that they approve the name change to Jeronimus Alley:

Action: It was Moved / Seconded (Leung / Moss) to recommend to the City Council that they approve the name change of “5-1/2 Street” to Jeronimus Alley for the alleyway running parallel between 5th and 6th Streets from Camelia to Virgina Street.

Vote:

Ayes: Fike; Gattu; Hothi; Leung; Lutzker; Moss; Walton; Zaro Noes: None; Abstain: None; Absent: Scheider; Recused: None Motion passed
As per City policy (Resolution No. 71,544–N.S., Appendix A), public facilities should generally not be named after living persons. To override this policy, a two-thirds majority vote of the City Council would be required.

25

Naming "5 ½ Street" Alleyway as Jeronimus Alley CONSENT CALENDAR November 18, 2025

BACKGROUND
Wayne Jeronimus worked for the City of Berkeley Housing Department from 1976 to 2000, where he was part of a team working to provide affordable housing within city limits. He led the City's popular first-time homebuyers’ program and worked on a project to preserve Victorian cottages for limited-income residents.

Currently, there is no officially recognized name for this alleyway, though on Google Maps, it is unofficially labeled as "5 ½ Street".

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
As this alleyway has no addresses, there would be no impact on public services as a result of the naming.

RATIONALE FOR RECOMMENDATION
The Transportation and Infrastructure Commission considered the naming request to be reasonable and appropriate, as Mr. Jeronimus has had a positive effect on the community during his lifetime, and the current unofficial name of the alleyway does not have significant historical or geographical importance.

ALTERNATIVE ACTIONS CONSIDERED
None.

CITY MANAGER
The City Manager concurs with the content and recommendations of the Commission's Report.

CONTACT PERSON
Mark Helmbrecht, Secretary, Transportation and Infrastructure Commission 510-981- 6403
Attachments:
1: Resolution

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

NAMING THE ALLEYWAY BETWEEN 5TH AND 6TH STREETS, LOCATED BETWEEN CAMELIA ST AND VIRGINIA ST, AS "JERONIMUS ALLEY" WHEREAS, Wayne Jeronimus worked for the City of Berkeley Housing Department from 1976 to 2000, where he was part of a team working to provide affordable housing within city limits, led the City's popular first-time homebuyers program, and worked on a project to preserve Victorian cottages for limited-income residents; and WHEREAS, the Berkeley Path Wanderers Association submitted a request to name the alleyway running parallel between 5th and 6th Streets, located between Camelia St and Virginia St, to "Jeronimus Alley" in honor of Wayne Jeronimus; and WHEREAS, the Transportation and Infrastructure Commission, at its meeting on September 21, 2023, heard a request to name “5-1/2 Street” as Jeronimus Alley; and WHEREAS, the Transportation and Infrastructure Commission, at its meeting on October 16, 2025, considered and took action by voting to recommend to the City Council that they approve naming “5-1/2 Street” as Jeronimus Alley; and WHEREAS, the City Council's Policy for Naming and Renaming Public Facilities allows for a public facility to be named after a living person if the City Council approves the resolution by a two-thirds vote; and
WHEREAS, the cost to install eight (8) street signs on posts would total approximately $2,400 and is available in the adopted FY 2026 Budget.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the alleyway running parallel between 5th and 6th streets, located between Camelia Street and Virginia Street, shall be named "Jeronimus Alley" in honor of Wayne Jeronimus.

BE IT FURTHER RESOLVED that the City Manager is hereby authorized to take all necessary steps to implement this resolution, including the installation of appropriate signage.

CONSENT CALENDAR
November 18, 2025
To: Honorable Mayor Ishii and Members of the City Council From: Councilmember Terry Taplin
Subject: Recommendations for the Formulation of Advanced Fiscal Policies to Institutionalize Strategic Bond Issuance, Optimize Municipal Investment Returns, and Leverage Intergovernmental and Philanthropic Capital Funding.

RECOMMENDATION

1. Structured Bond Issuance Framework
Refer to the City Manager assessment, analysis, and presentation to the Council of a potential comprehensive fiscal policy every two years that institutionalizes, codifies, and makes publicly accessible a regular, predictive schedule for general obligation bond issuance. This potential policy, in addition to and alongside existing practices, may be informed by actuarial and capital market analysis of the City’s bonding capacity and be modeled on established frameworks utilized in fiscally disciplined jurisdictions such as San Francisco, Santa Monica, and others. The goal is to remediate the City’s substantial deferred maintenance liabilities and strategically advance the Capital Improvement Program (CIP).

2. Modernize Investment Policy. Refer to the City Manager the enactment of a detailed review and performance benchmarking of the City’s current investment policies, ordinances, and resolutions. Based on this review, the City Manager may consider:
● Amendments to align Berkeley’s portfolio management practices with those of peer jurisdictions in the Bay Area;
● Asset strategies that maintain compliance with CA Government Code §53600 et seq. while improving yields through enhanced diversification and duration matching.

3. Comparative Bond Issuance Analysis and Timeline
Refer the City Manager to conduct a comprehensive analysis of historical general obligation bond issuance and debt service rates in Berkeley and comparable jurisdictions.

The analysis may consider the following:
● Examine 30 years of municipal bond trends, showing the consistency of low interest rates during fiscally disciplined cycles;
● Compare Berkeley's historical borrowing costs with those of San Francisco, Santa Monica, Palo Alto, and other cities;
● Demonstrate the efficacy of maintaining a regular issuance schedule every 6–10 years to preserve low borrowing rates and steady bond ratings;

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● Present a 30-year fiscal projection showing that with prudent debt layering and consistent retirement of obligations, Berkeley can issue up to $250–$300 million in bonds in successive tranches while maintaining fiscal health and AAA-quality debt service coverage ratios, and examine the impact on deferred infrastructure liabilities.

The City Manager is requested to return with a projected 25–30 year financing timeline that identifies capital milestones, projected issuances, debt service loads, and cost-saving thresholds compared to inflation-driven delays. This timeline shall be paired with policy recommendations to ensure adherence to long-range financial planning objectives.

POLICY COMMITTEE RECOMMENDATION
M/S/C (Kesarwani/Blackaby) to send the item to Council with a Qualified Positive Recommendation with the changes as proposed by Councilmember Taplin as follows:

1. Structured Bond Issuance Framework
Refer to the City Manager assessment, analysis, and development and presentation to the Council of a potential of a comprehensive fiscal policy every two years that institutionalizes, codifies, and makes publicly accessible, codifies current practices, a regular, predictive schedule for general obligation bond issuance. This potential policy, in addition to and alongside existing practices, should may be informed by actuarial and capital market analysis of the City’s bonding capacity and be modeled on established frameworks utilized in fiscally disciplined jurisdictions such as San Francisco, and Santa Monica, and others. The goal is to remediate the City’s substantial deferred maintenance liabilities and strategically advance the Capital Improvement Program (CIP).

2. Modernize Investment Policy. and Establish a Capital Grant Matching Fund Refer to the City Manager the enactment of a detailed review and performance benchmarking of the City’s current investment policies, ordinances, and resolutions.

Based on this review, the City Manager may consider should recommend:
 Amendments to align Berkeley’s portfolio management practices with those of peer jurisdictions in the Bay Area;
 Asset strategies that maintain compliance with CA Government Code §53600 et seq. while improving yields through enhanced diversification and duration matching;
Establishment of a dedicated Capital Grant Matching Fund, capitalized with a designated portion of net investment returns, to maximize Berkeley’s competitiveness in securing grants under federal programs such as the Infrastructure Investment and Jobs Act (IIJA), the Inflation Reduction Act (IRA), and state-funded resilience initiatives.

3. Develop a Comparative Bond Issuance Analysis and Timeline Refer the City Manager to conduct a comprehensive analysis of historical general obligation

bond issuance and debt service rates in Berkeley and comparable jurisdictions. The analysis may consider the following should:
 Examine 30 years of municipal bond trends, showing the consistency of low interest rates during fiscally disciplined cycles;
 Compare Berkeley's historical borrowing costs with those of San Francisco, Santa Monica, and Palo Alto, and other cities;
 Demonstrate the efficacy of maintaining a regular issuance schedule every 6–10 years to preserve low borrowing rates and steady bond ratings;
 Present a 30-year fiscal projection showing that with prudent debt layering and consistent retirement of obligations, Berkeley can issue up to $250–$300 million in bonds in successive tranches while maintaining fiscal health and AAA-quality debt service coverage ratios, and examine the impact on deferred infrastructure liabilities.

CURRENT SITUATION AND ITS EFFECTS
Berkeley faces a growing infrastructure deficit exceeding $1 billion, driven by long-deferred maintenance, rising construction costs, and insufficient capital funding mechanisms. The City’s investment-grade bond ratings (Moody’s Aa2; S&P AA) position it favorably to issue debt at competitive rates, yet the absence of a formalized bond issuance framework prevents the City from fully leveraging its credit capacity.

Waterfront Capital Liabilities
Key waterfront and Marina-related projects facing urgent capital needs include:
● Berkeley Pier Replacement: Closed in 2015 due to structural failure. Replacement is estimated at $50–70 million, with annual cost escalation exceeding 6%. ● Marina Infrastructure Overhaul: Docks, utility lines, lighting, and gangways require comprehensive upgrades. Estimated need: $15–25 million. ● Shoreline Armoring and Seismic Resilience: Required for adaptation to sea-level rise.

Estimated capital: $20+ million.
● Access and Surface Improvements: ADA-compliant realignments and pavement reconstruction are estimated at $5–8 million.

The Marina Fund remains fiscally constrained and cannot absorb these capital needs without structural subsidy or external financing.

City Facility Repair and Seismic Modernization Needs
Deferred maintenance and life-safety deficiencies persist across several major civic structures:
● Frances Albrier Community Center: Seismic retrofitting and HVAC modernization estimated at $15 million.
● Old City Hall: Unoccupied due to seismic risk and systems degradation. Renovation estimated at $50–60 million.
● Veterans Memorial Building: Structural stabilization and ADA compliance upgrades estimated at $35–40 million.
● MLK Jr. Civic Center: Systemic repairs for HVAC, elevators, and roofing exceed $20 million.

The 2018 Citywide Facilities Condition Assessment categorized more than 60% of buildings as in “poor” or “failing” condition, with an annual cost escalation rate estimated at 6–10%.

The absence of an integrated financial roadmap has resulted in cost inefficiencies and diminished public confidence. Berkeley's long-standing practice of episodic, reactive capital funding has inhibited the City's capacity to effectively address urgent infrastructure vulnerabilities and to plan for resilience-oriented modernization.

BACKGROUND
Numerous California municipalities—including San Francisco, Oakland, and San José—have successfully implemented coordinated fiscal strategies combining systematic bond issuance with active investment management and capital matching mechanisms. These jurisdictions have improved capital delivery while lowering financing costs and increasing access to competitive grants.

In contrast, Berkeley’s recent experience with public bond measures underscores the need for clearer fiscal governance and improved public engagement:
● Measure T1 (2016): Authorized $100 million in general obligation bonds. Although initially successful, several project components exceeded their original budgets due to planning and management challenges:
● Strawberry Creek Park: 40% over budget due to unexpected subsurface conditions and underestimation of permitting costs.
● Ohlone Park Renovations: Experienced project delays, contractor bid variability, and scope creep, resulting in a 25% cost increase from original estimates. ● Willard Clubhouse: Required extensive ADA and systems upgrades not captured in initial scoping.
● These overruns stemmed from factors including inflationary pressures in construction markets, insufficient early-stage geotechnical assessments, evolving regulatory requirements, and staffing limitations in project management. Lack of contingency funding and rigid project timelines exacerbated these challenges, eroding community trust and highlighting the need for greater fiscal agility and programmatic transparency in future capital cycles.
● Measure L (2022): A $650 million bond proposal for infrastructure investment failed to reach the two-thirds voter threshold. Analysts and civic groups—including the Berkeley Budget & Finance Policy Committee, the League of Women Voters of Berkeley, Berkeley Neighborhoods Council, and Berkeleyans for a Livable City—identified the following issues in post-election assessments:
● Insufficient project prioritization and lack of transparency. ● Poor public communication of long-term fiscal benefits. ● Limited accountability frameworks following Measure T1;

● Inadequate voter outreach and engagement.
● These critiques were substantiated in multiple forums. The Berkeley Budget & Finance Policy Committee published their concerns in meeting minutes from September 2022, highlighting a failure to articulate value to voters and the absence of a multi-year capital financing strategy. The League of Women Voters issued a position paper recommending improved fiscal transparency, while Berkeleyans for a Livable City conducted a comparative policy analysis drawing on best practices from Palo Alto and Emeryville.

Collectively, these analyses underscore the need for a holistic fiscal strategy that integrates investment management with proactive capital financing.

RATIONALE
The integration of strategic bond issuance and modernized investment policy is essential to Berkeley’s long-term fiscal health. These reforms will:
● Enhance the City’s ability to execute capital projects on time and within budget; ● Reduce long-term liabilities and cost escalations associated with deferred maintenance; ● Maximize internal financing capacity and improve competitiveness in external funding rounds.
● Provide predictable financial planning horizons aligned with capital programming. ● Strengthen public confidence through greater transparency and fiscal discipline.

Strategically leveraging investment earnings via a matching grant fund is a forward-looking mechanism that turns financial efficiency into external revenue, magnifying the City's capital resources. This model aligns with both fiduciary best practices and intergovernmental funding paradigms that increasingly prioritize local match capacity.

Furthermore, comparative analysis of historical municipal bond service costs reveals that jurisdictions adhering to a consistent 6–10 year issuance schedule tend to stabilize borrowing costs, maintain high bond ratings, and secure favorable investor confidence. This layered approach to debt issuance and retirement avoids fiscal spikes, allows for transparent cash flow forecasting, and aligns debt service with infrastructure life cycles.

Based on peer practices and Berkeley’s current assessed valuation growth, it is fiscally viable to issue a series of general obligation bonds totaling $250–$300 million over the next 25–30 years, without breaching responsible debt thresholds. Doing so would allow the City to systematically address its backlog of infrastructure liabilities, minimizing cost escalation due to delays and creating a financially resilient public capital framework.

FISCAL IMPACTS OF RECOMMENDATION
Implementation costs may include consulting and legal services for policy drafting and portfolio reallocation. However, the long-term fiscal benefits include:
● Avoidance of inflation-driven capital cost increases; ● Greater access to grant programs requiring local matches of 20–50%; ● Higher returns on city investments through optimized strategies; ● Lower borrowing costs through well-timed bond issuances; ● Multiplicative gains in external revenue through matching mechanisms.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Improved access to capital will support environmentally strategic projects including:
● Coastal flood resilience and shoreline restoration;
● Decarbonization of public buildings and fleet electrification; ● Sustainable stormwater management;
● Transit and multimodal infrastructure expansion.

A dedicated matching fund will allow the City to aggressively pursue funding from climate- focused programs such as FEMA’s BRIC, CalEPA Green Infrastructure Grants, and the California Resilience Challenge.

ALTERNATIVE ACTIONS CONSIDERED
● Maintain Status Quo: Fails to address growing infrastructure needs and rising costs. ● Ad Hoc Bond Measures: Inefficient, lacks transparency, and depends on unpredictable electoral outcomes.
● New Dedicated Tax Instruments: Politically complex and time-intensive with uncertain outcomes.

CONTACT PERSON
Terry Taplin, Councilmember, District 2
Phone: (510) 981-7120
Email:
[email protected]

ATTACHMENTS

1. FY 2025–2029 Capital Improvement Program (CIP)

2. City of Berkeley Investment Policy

3. Berkeley Waterfront Specific Plan (Draft, November 2024)

4. Measure T1 Bond Policies and Procedures Manual

5. Measure L Bond Measure Information (November 2022)

6. Infrastructure Assessment Report (2021)

7. Budget & Finance Committee Agenda Packet (April 24, 2025)

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

CONSENT CALENDAR
November 18, 2025
To: Honorable Members of the City Council
From: Councilmember Lunaparra (Author), Mayor Ishii (co- sponsor), Vice Mayor Humbert (co-sponsor), Councilmember Blackaby (co-sponsor)
Subject: Sanctuary City Contracting Ordinance Updates

RECOMMENDATION
Adopt the proposed amendments to the Sanctuary City Contracting Ordinance (BMC

13.105) to mirror key definitions with the language in the new Sanctuary City Ordinance and shorten the Right to Cure time period from 90 days to 30 days.

BACKGROUND
The City of Berkeley adopted the Sanctuary City Contracting Ordinance in 2018 to “protect the privacy, safety, dignity, and quality of life of the members of the Berkeley community, especially targeted immigrants and religious minorities” by prohibiting the award of city contracts to “vendors acting as ICE data brokers, or those providing extreme vetting services.” This ordinance has been a vital tool for ensuring that the protected personal information of Berkeley residents and visitors is protected and City of Berkeley resources are used in a manner consistent with Berkeley values and our Sanctuary City policies.

RATIONALE FOR RECOMMENDATION
The current Sanctuary City Contracting Ordinance bars the City of Berkeley from awarding city contracts to “vendors acting as ICE data brokers, or those providing extreme vetting services.” However, in recent months, large swaths of the federal government have been used for immigration enforcement purposes, including the U.S.

Department of Homeland Security and its component agencies, U.S. Immigration and Customs Enforcement, U.S. Customs and Border Protection, U.S. Citizenship and Immigration Services, and more1.

The Berkeley City Council recently passed, unanimously, the Sanctuary City Ordinance, which, among other things, provides clarity and further definition for several key terms.

This item’s proposed amendments to the Sanctuary City Contracting Ordinance, drafted in consultation with the City Attorney’s Office, mirror these definitions from the Sanctuary City Ordinance to ensure congruence within the Berkeley Municipal Code.

Notably, this item defines “Immigration Authority” as “any person or agency engaging in efforts to investigate, enforce, or assist in the investigation or enforcement of federal 1 https://www.washingtonpost.com/national-security/2025/10/08/fbi-agents-reassigned-immigration/

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CONSENT CALENDAR
November 18, 2025
2180 Milvia Street, Berkeley, CA 94704 ● (510) 981-7170 ● [email protected] immigration law against natural persons,” not just ICE. This item also mirrors the Sanctuary City Ordinance’s definition of “Protected Personal Information.” This item also proposes shortening the Right to Cure time period from 90 days to 30 days. In its current form, if the ordinance is alleged to have been violated, a person or entity may institute proceedings for injunctive relief, declaratory relief, or writ of mandate in any court of competent jurisdiction to enforce the Sanctuary City Contracting Ordinance if the alleged violation is not remedied within 90 days after the allegation is first made in writing. This means that, if a City of Berkeley vendor is alleged to be sharing data with immigration authorities, it could take up to three months before corrective action is taken to safeguard the privacy of Berkeley residents, uphold Berkeley values, and enforce local law, risking immeasurable harm. Recognizing this, other municipalities have 30-day Right to Cure time periods for ordinances that protect the privacy of their residents. For example, San Francisco (Sec. 19B.8.(c)) and San Diego (Sec. 210.0109(a)(1)) both have 30-day Right to Cure time periods in their respective Surveillance Ordinances. This proposed change to Berkeley’s Sanctuary City Contracting Ordinance would match this timeline, further safeguarding our privacy and our values. To ensure that this remains feasible for City staff, the item tolls the 30-day notice period during City Council recesses, as recommended to the Author by the City Attorney’s Office.

CURRENT SITUATION AND ITS EFFECTS
The Sanctuary City Ordinance declares the following:
● The City of Berkeley is home to people of diverse racial, ethnic, and national backgrounds, including a large immigrant population.
● Immigrants are valuable and essential members of the City of Berkeley community.
● A relationship of trust between the City of Berkeley’s immigrant community and the City of Berkeley, its departments, programs, and personnel is central to the public safety of Berkeley residents.
● This trust is threatened when state and local agencies are entangled with federal immigration enforcement, with the result that immigrant community members may fear approaching police when they are victims of or witnesses to crimes, or may fear seeking basic health services or attending school, to the detriment of public safety and the wellbeing of all Berkeley residents. ● Entangling state and local agencies with federal immigration enforcement programs diverts already limited resources and blurs the lines of accountability between local, state, and federal governments.
● Multiple studies have proven that jurisdictions that do not assist in immigration enforcement are safer and economically more prosperous compared to other jurisdictions – including a 2017 report by the Center for American Progress that shows on average there are 35.5 fewer crimes committed per 10,000 people in sanctuary jurisdictions, the average annual income is $4,353 higher, the poverty rate is 2.3% lower, and unemployment is 1.1% lower.

CONSENT CALENDAR
November 18, 2025
2180 Milvia Street, Berkeley, CA 94704 ● (510) 981-7170 ● [email protected] By ensuring that all of our Sanctuary City policies are aligned, we can ensure they are as effective as possible at defending Berkeley’s values and protecting our residents’ rights to due process.

FISCAL IMPACTS OF RECOMMENDATION
No anticipated impacts.

ENVIRONMENTAL SUSTAINABILITY
No anticipated impacts.

Attachments:

1. Amended Ordinance

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

Ch. 13.105 Sanctuary City Contracting | Berkeley Municipal Code Chapter 13.105
SANCTUARY CITY CONTRACTING*
Sections:

13.105.010 Title.

13.105.020 Definitions.

13.105.030 Prohibition on Use of City Resources.

13.105.040 Investigation and Reporting.

13.105.050 Enforcement.

13.105.060 Severability.

13.105.070 Construction.

13.105.080 Chapter Supersedes Existing Law and Regulations.

13.105.090 Effective Date.
* Ordinance No. 7650-N.S adds the provisions of this chapter as Chapter 13.104. It has been editorially renumbered to account for the preexisting Chapter 13.104.

13.105.010 Title.

This ordinance shall be known as the Sanctuary City Contracting Ordinance. (Ord. 7650-NS § 1 (part), 2019)

13.105.020 Definitions.

A. "City" means the City of Berkeley, California.

B. "Data Broker" (also commonly called information broker, information reseller, data aggregator, and information solution provider) means either of the following:

1. The collection of information, including Pprotected Ppersonal Iinformation about consumers, from a wide variety of sources for the purposes of reselling such information to their customers, which include both private- sector businesses and government agencies;

2. The aggregation of data that was collected for another purpose from that for which it is ultimately used.

Ch. 13.105 Sanctuary City Contracting | Berkeley Municipal Code C. "Extreme Vetting" means data-mining, threat modeling, predictive risk analysis, or other similar services. Extreme Vetting Does does not include the following:

1. The City’s computer-network health and performance tools;

2. Cybersecurity capabilities, technologies and systems used by the City of Berkeley Department of Information Technology to predict, monitor for, prevent, and protect technology infrastructure and systems owned and operated by the City of Berkeley from potential cybersecurity events and cyber-forensic based investigations and prosecutions of illegal computer based activity.

D. "ICE" means the United States Immigration and Customs Enforcement, and any subdivision thereof. Immigration Authority” means any person or agency engaging in efforts to investigate, enforce, or assist in the investigation or enforcement of federal immigration law against natural persons, including but not limited to the U.S. Department of Homeland Security or its component agencies, U.S. Immigration and Customs Enforcement, U.S. Customs and Border Protection, or U.S. Citizenship and Immigration Services.

E. "Person or Entity" means any private natural person, corporation, institution, subsidiary, affiliate, or division under operating control of such person; the parent entities that have operating control over such person, and the subsidiaries, affiliates and divisions under operating control of such parent entity. Government entities and employees are expressly excluded from this definition. (Ord. 7650-NS § 1 (part), 2019) F. “Protected Personal Information” means any information that identifies, relates to, describes, or is capable of being associated with a particular individual, including but not limited to a person’s name, birthdate, Social Security Number or Individual Taxpayer Identification Number, telephone number, home or work address, driver’s license number, place of birth, or biometric information.

13.105.030 Prohibition on Use of City Resources.

A. No officer, employee, department, board, commission, City Council, City Manager, or other entity of the City shall enter into a new, amended, or extended contract or agreement with any Person or Entity that provides ICE an Immigration Authority with any "Data Broker" or "Extreme Vetting" services as defined herein, unless a waiver is granted based on a specific determination that no reasonable alternative exists, taking into consideration the following:

1. The intent and purpose of this ordinance;

2. The availability of alternative services, goods and equipment; and

3. Quantifiable additional costs resulting from use of available alternatives.

The following processes shall be followed in considering a waiver: The City Manager or designee shall file a waiver request. The Council shall make the final decision on granting the waiver.

Ch. 13.105 Sanctuary City Contracting | Berkeley Municipal Code B. All public works, construction bids, requests for information, requests for proposals or any other solicitation issued by the City shall include notice of the prohibition listed above.

C. For the purpose of determining which Person or Entity provides ICE an Immigration Authority with Data Broker or Extreme Vetting services, the City Manager shall rely on:

1. Information available on federal contracting websites, or in the absence of those, another common source of federal data;

2. A declaration under the penalty of perjury executed by the Person or Entity, affirming that they do not provide Data Broker or Extreme Vetting services to ICE an Immigration Authority.

D. Any Person or Entity identified as a supplier of Data Broker or Extreme Vetting services to ICE an Immigration Authority and potentially affected by this Section shall be notified by the City Manager of the determination. Any such Person or Entity shall be entitled to a review of the determination by appeal to the City Manager. Request for such review shall be made within thirty (30) business days of notification, or seven (7) business days of the date of a City solicitation or notice of a pending contract or purchase, of interest to the Person or Entity seeking review. Any Person or Entity vendor so identified may appeal the City Manager’s determination to the City Council, within fifteen (15) business days of the determination. (Ord. 7650-NS § 1 (part), 2019)

13.105.040 Investigation and Reporting.

A. The City Manager, or their designee, shall review compliance with Section 13.105.030. The City Manager may initiate and shall receive complaints regarding violations of Section 13.105.030. All officers, employees, departments, boards, commissions, and other entities of the City shall cooperate with the City Manager in any investigation of a violation of Section 13.105.030.

B. By November 1 of each year, the City Manager shall schedule and submit to the City Council a written, public report regarding compliance with Section 13.105.030 over the previous year. At minimum, this report must (1) detail with specificity the steps taken to ensure compliance with Section 13.105.030, (2) disclose any issues with compliance, including any violations or potential violations of this Ordinance, and (3) detail actions taken to cure any deficiencies with compliance. (Ord. 7650-NS § 1 (part), 2019)

13.105.050 Enforcement.

A. Right to Cure. This Chapter does not provide a private right of action upon any person or entity to seek injunctive relief against the City or any employee unless that person or entity has first provided written notice to the City Manager by serving the City Clerk, regarding the specific alleged violations of this Chapter. If the alleged