Tuesday, November 18, 2025 AGENDA Page 1
AGENDA
BERKELEY CITY COUNCIL MEETING
Tuesday, November 18, 2025
6:00 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702
ADENA ISHII, MAYOR
Councilmembers:
DISTRICT 1 – RASHI KESARWANI
DISTRICT 2 – TERRY TAPLIN
DISTRICT 3 – BEN BARTLETT
DISTRICT 4 – IGOR TREGUB
DISTRICT 5 – SHOSHANA O’KEEFE
DISTRICT 6 – BRENT BLACKABY
DISTRICT 7 – CECILIA LUNAPARRA
DISTRICT 8 – MARK HUMBERT
This meeting will be conducted in a hybrid model with both in -person and virtual attendance. Attend this meeting remotely using Zoom. To request to speak, use the “raise hand” function in Zoom. To join by phone: Dial 1-669- 254-5252 or 1-833-568-8864 (Toll Free) and enter Meeting ID: 160 387 4329. To provide public comment, Press *9 and wait to be recognized by the Chair. To submit a written communication for the public record, email [email protected].
Live captioned broadcasts of Council meetings are available on B -TV (Channel 33) and via internet video stream.
All Council meetings are recorded.
This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953 . Any member of the public may attend this meeting, however, if you are feeling sick, please do not attend the meeting in person.
The City Council may take action related to any subject listed on the Agenda.
Pursuant to the City Council Rules of Procedure and State Law, the presiding officer may remove, or cause the removal of, an individual for disrupting the meeting. Prior to removing an individual, the presiding officer shall warn the individual that their behavior is disrupting the meeting and that their failure to cease their behavior may result in their removal. The presiding officer may then remove the individual if they do not promptly cease their disruptive behavior. “Disrupting” means engaging in behavior during a meeting of a legislative body that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting and includes, but is not limited to, a failure to comply with reasonable and lawful regulations adopted by a legislative body, or engaging in behavior that constitutes use of force or a true threat of force.
Government Code Section 84308 (Levine Act) - Parties to a proceeding involving a license, permit, or other entitlement for use are required to disclose if they made contributions over $5 00 within the prior 12 months to any City employee or officer. Parties and participants with a financial interest are prohibited from making more than $500 in contributions to a decisionmaker for the 12 months after the final decision is rendered on the proceeding.
The above contribution disclosures and restrictions do not apply when the proceeding is competitively bid, or involves a personnel or labor contract. For more information, see Government Code Section 84308.
Tuesday, November 18, 2025 AGENDA Page 2
Preliminary Matters
Roll Call:
Land Acknowledgement Statement: The City of Berkeley recognizes that the community we live in was built on the territory of xučyun (Huchiun (Hooch-yoon)), the ancestral and unceded land of the Chochenyo (Cho-chen-yo)-speaking Ohlone (Oh-low-nee) people, the ancestors and descendants of the sovereign Verona Band of Alameda County. This land was and continues to be of great importance to all of the Ohlone Tribes and descendants of the Verona Band. As we begin our meeting tonight, we acknowledge and honor the original inhabitants of Berkeley, the documented 5,000 -year history of a vibrant community at the West Berkeley Shellmound, and the Ohlone people who continue to reside in the East Bay. We recognize that Berkeley’s residents have and continue to benefit from the use and occupation of this unceded stolen land since the City of Berkeley’s incorporation in 1878. As stewards of the laws regulating the City of Berkeley, it is not only vital that we recognize the history of this land, but also recognize that the Ohlone people are present members of Berkeley and other East Bay communities today. The City of Berkeley will continue to build relationships with the Lisjan Tribe and to create meaningful actions that uphold the intention of this land acknowledgement.
Ceremonial Matters: In addition to those items listed on the agenda, the Mayor may add additional ceremonial matters.
City Manager Comments: The City Manager may make announcements or provide information to the City Council in the form of an oral report. The Council will not take action on such items but may request the City Manager place a report on a future agenda for discussion.
Public Comment on Non-Agenda Matters: Up to ten persons will be selected to address matters not on the Council agenda. If five or fewer persons are identified to provide non-agenda comment, each person selected will be allotted two minutes each. If more than five persons are selected to address matters not on the Council agenda, each person selected will be allotted one minute each.
In-person attendees wishing to address the Council on matters not on the Council agenda during the initial ten-minute period for such comment, must submit a speaker card to the City Clerk in person at the meeting location and prior to the moment that the Presiding Officer calls for public comment on non - agenda items. Remote attendees must raise their hand in the videoconference application when the Presiding Officer calls for non-agenda speakers. The first five raised hands on the videoconference application will be selected to speak and the first five cards drawn at the meeting will be selected to speak. The number of in-person and remote speakers selected may be adjusted by the Presiding Officer if fewer than five speakers from either format are identified.
The remainder of the speakers wishing to address the Council on non-agenda items will be heard at the end of the agenda.
Public Comment by Employee Unions (first regular meeting of the month): This period of public comment is reserved for officially designated representatives of City of Berkeley employee unions, with five minutes allocated per union if representatives of three or fewer unions wish to speak and up to three minutes per union if representatives of four or more unions wish to speak.
Tuesday, November 18, 2025 AGENDA Page 3
Consent Calendar
The Council will first determine whether to move items on the agenda for “Action” or “Information” to the “Consent Calendar”, or move “Consent Calendar” items to “Action.” Three members of the City Council must agree to pull an item from the Consent Calendar or Information Calendar for it to move to Action.
Items that remain on the “Consent Calendar” are voted on in one motion as a group. “Information” items are not discussed or acted upon at the Council meeting unless they are moved to “Action” or “Consent ”.
No additional items can be moved onto the Consent Calendar once public comment has commenced. At any time during, or immediately after, public comment on Information and Consent items, any Councilmember may move any Information or Consent item to “Action.” Following this, the Council will vote on the items remaining on the Consent Calendar in one motion.
For items moved to the Action Calendar from the Consent Calendar or Information Calendar, persons who spoke on the item during the Consent Calendar public comment period may speak again at the time the matter is taken up during the Action Calendar.
Public Comment on Consent Calendar and Information Items Only: The Council will take public comment on any items that are either on the amended Consent Calendar or the Information Calendar. If ten or fewer persons are interested in speaking on an individual agenda item, each speaker may speak for two minutes. If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker. Speakers are permitted to yield their time to one other speaker, however no one speaker shall have more than four minutes. The Presiding Officer may, with the consent of persons representing both sides of an issue, allocate a block of time to each side to present their issue. A speaker may only speak once during the period for public comment on Consent Calendar and Information items.
Additional information regarding public comment by City of Berkeley employees and interns: Employees and interns of the City of Berkeley, although not required, are encouraged to identify themselves as such, the department in which they work and state whether they are speaking as an individual or in their official capacity when addressing the Council in open session or workshops.
Consent Calendar
1. Amending Berkeley Municipal Code Chapter 7.54 The Empty Homes Tax From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,986-N.S. amending Berkeley Municipal Code Chapter 7.54 The Empty Homes Tax to address issues that arose in the first annual billing and to simplify administration of the tax.
First Reading Vote: All Ayes.
Financial Implications: See report
Contact: David White, City Manager's Office, (510) 981-7000
2. Amendment to Ground Lease with East Bay Regional Park District at 400 Gilman Street (Tom Bates Regional Sports Complex)
From: City Manager
Recommendation: Adopt second reading of an Ordinance No. 7,987-N.S. authorizing the City Manager to execute an amendment to the Ground Lease with East Bay Regional Park District for the Tom Bates Regional Sports Complex at 400 Gilman Street extending the term to December 31, 2053 and includes improvements to be constructed by the City.
First Reading Vote: All Ayes.
Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700
Consent Calendar
Tuesday, November 18, 2025 AGENDA Page 4
3. Remove Pre-Transfer Eligibility Restriction of the Transfer Tax Rebate for Wildfire Hardening
From: Disaster and Fire Safety Commission
Recommendation: Adopt second reading of Ordinance No. 7,989-N.S. amending Berkeley Municipal Code Section 7.52.060 addressing real property transfer tax exceptions related to home hardening.
First Reading Vote: Ayes – Kesarwani, Taplin, Bartlett, Tregub, Lunaparra, Ishii; Noes – Blackaby, Humbert; Abstain – O’Keefe.
Financial Implications: See report
Contact: Keith May, Commission Secretary, (510) 981-3473
4. Amendments to Ordinance Prohibiting the Sale or Use of Coordinated Pricing Algorithms (BMC 13.63)
From: City Attorney
Recommendation: Adopt Amendments to the Ordinance Prohibiting the Sale or Use of Coordinated Pricing Algorithms (BMC 13.63).
Financial Implications: See report
Contact: Farimah Brown, City Attorney, (510) 981-6950
5. Minutes for Approval
From: City Manager
Recommendation: Approve the minutes for the Council meetings of October 14, 2025 (regular), October 27, 2025 (closed), October 28, 2025 (special and regular).
Financial Implications: None
Contact: Mark Numainville, City Clerk, (510) 981-6900
6. Contract: General Code, LLC for Berkeley Municipal Code Publishing Services From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract with General Code, LLC, for online and printed code publishing services for the Berkeley Municipal Code from November 20, 2025 through November 19, 2030 for a total not to exceed amount of $75,000.
Financial Implications: General Fund - $75,000
Contact: Mark Numainville, City Clerk, (510) 981-6900
Consent Calendar
Tuesday, November 18, 2025 AGENDA Page 5
7. Contract with Options Recovery Services for Berkeley CareBridge Program and Appropriation for Administrative and Evaluation Support in the City Manager’s Office
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to: 1) Execute a contract with Options Recovery Services for an amount not-to-exceed $7,510,842.00 to operate the Berkeley CareBridge post-arrest diversion and reentry program for three (3) years, and execute any amendments thereto (including scope, budget realignments, and time extensions) that remain within the grant award and City policies; and 2) Appropriate $409,158.00 in funding for administrative and evaluation support within the City Manager’s Office for the Assistant to the City Manager position (temporary), equivalent to 0.5079 FTE over three years to support grant administration, program oversight, and evaluation requirements.
Financial Implications: See report
Contact: Carianna Arredondo, City Manager's Office, (510) 981-7000
8. Amendment: FY 2026 Annual Appropriations Ordinance
From: City Manager
Recommendation: Adopt first reading of an Ordinance amending the FY 2026 Annual Appropriations Ordinance No. 7,977–N.S. for fiscal year 2026 based upon recommended re-appropriation of committed FY 2025 funding and other adjustments authorized since July 1, 2025.
Financial Implications: See report
Contact: Maricar Dupaya, Budget Manager, (510) 981-7000
9. Contract No. 32000179 Amendment: Allied Universal Security Service for Citywide Unarmed Security Services
From: City Manager
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.
Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300
10. Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on November 18, 2025
From: City Manager
Recommendation: Approve the request for proposals or invitation for bids that will be, or are planned to be, issued upon final approval by the requesting department or division. All contracts over the City Manager’s threshold will be returned to Council for final approval.
Financial Implications: $8,153,016 - Various Funds
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Consent Calendar
Tuesday, November 18, 2025 AGENDA Page 6
11. Purchase Order: Blaisdell’s Business Products for Office Furniture and Equipment for Fire Headquarters
From: City Manager
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.
Financial Implications: Funding for will come from Measure FF (Fire and Emergency Services) and UC Settlement funds.
Contact: David Sprague, Fire, (510) 981-3473
12. Golden Bear Homes Partnership Transfer
From: City Manager
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.
Financial Implications: See report
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5400
13. Contract No. 104289-1 Amendment: Jackson & Coker for Locums Tenens Psychiatrists
From: City Manager
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.
Financial Implications: See report
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5400
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
From: City Manager
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.
Financial Implications: None
Contact: Janelle Rodrigues, Human Resources, (510) 981-6800
Consent Calendar
Tuesday, November 18, 2025 AGENDA Page 7
15. Adoption of Side Letter Agreement with Berkeley Police Association to Clarify the Calculation and Reporting of Special Compensation Under CalPERS Regulations
From: City Manager
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.
Financial Implications: See report
Contact: Janelle Rodrigues, Human Resources, (510) 981-6800
16. Contract No. 32100079 Amendment: ePlus Technology Inc., for Cohesity Backup Software, Maintenance and Support
From: City Manager
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.
Financial Implications: $110,000 - Information Technology Cost Allocation Fund Contact: Kevin Fong, Information Technology, (510) 981-6500
17. Contract: Paymun Building & Development, Inc. for the K-Dock Restroom Renovation Project
From: City Manager
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.
Financial Implications: $440,000 - Various Funds
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700
Consent Calendar
Tuesday, November 18, 2025 AGENDA Page 8
18. License Agreement for Temporary Parking for Tom Bates Regional Sports Complex
From: City Manager
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.
Financial Implications: None
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700
19. Mills Act Contract – 1619 Walnut Street
From: City Manager
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.
Financial Implications: See report
Contact: Jordan Klein, Planning and Development, (510) 981-7400
20. Contract: DC Electric for On-Call Electrical Services From: City Manager
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.
Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300
21. Contract No. 32500098 Amendment: Pacific Site Management Landscaping Services for Gilman Street and Interstate 80 Interchange Project From: City Manager
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.
Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300
Consent Calendar
Tuesday, November 18, 2025 AGENDA Page 9
22. Contract: On-Call Handrail Fabrication and Installation Services, Bailey Fence Company, Inc
From: City Manager
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.
Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300
23. Contracts: On-Call Industrial Hygiene and Regulatory Compliance Services From: City Manager
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.
Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300
24. Multi-Year Purchase Orders with Papé Kenworth Inc. for Parts and Related Equipment for Kenworth, Peterbilt, and PACCAR Medium-and Heavy-Duty Trucks
From: City Manager
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.
Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300
25. Recommendation to Rename "5 ½ Street" Alleyway as Jeronimus Alley From: Transportation and Infrastructure Commission
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.
Financial Implications: See report
Contact: Mark Helmbrecht, Secretary, Transportation and Infrastructure Commission 510-981-6403
Council Consent Items
Tuesday, November 18, 2025 AGENDA Page 10
26. Recommendations for the Formulation of Advanced Fiscal Policies to Institutionalize Strategic Bond Issuance, Optimize Municipal Investment Returns, and Leverage Intergovernmental and Philanthropic Capital Funding From: Councilmember Taplin (Author) (Reviewed by the Budget and Finance Committee)
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; -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: 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
Council Consent Items
Tuesday, November 18, 2025 AGENDA Page 11
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, smayhould 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.
Financial Implications: See report
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120
Council Consent Items
Tuesday, November 18, 2025 AGENDA Page 12
27. Sanctuary City Contracting Ordinance Updates
From: Councilmember Lunaparra (Author), Mayor Ishii (Co-Sponsor), Councilmember Humbert (Co-Sponsor), Councilmember Blackaby (Co- Sponsor)
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.
Financial Implications: None
Contact: Cecilia Lunaparra, Councilmember, District 7, (510) 981-7170
Action Calendar
The public may comment on each item listed on the agenda for action. For items moved to the Action Calendar from the Consent Calendar or Information Calendar, persons who spoke on the item during the Consent Calendar public comment period may speak again during the Action Calendar public comment period on the item
The Presiding Officer will request that persons wishing to speak line up at the podium, or use the "raise hand" function in Zoom, to determine the number of persons interested in speaking at that time. If ten or fewer persons are interested in speaking on an individual agenda item, each speaker may speak for two minutes. If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker. Speakers are permitted to yield the ir time to one other speaker, however no one speaker shall have more than four minutes. The Presiding Officer may, with the consent of persons representing both sides of an issue, allocate a block of time to each side to present their issue.
Action items may be reordered at the discretion of the Chair with the consent of Council.
The Presiding Officer may open and close an additional comment period for Action items on this agenda (excluding any public hearings, appeals, and/or quasi-judicial matters), at the start of the Action Calendar.
Those who speak on an item during this comment period may not speak a second time when the item is taken up by Council.
Action Calendar – Public Hearings
Staff shall introduce the public hearing item and present their comments. For certain hearings, this is followed by five-minute presentations each by first the appellant and then the applicant. The Presiding Officer will request that persons wishing to speak line up at the podium, or use the "raise hand" function in Zoom, to be recognized and to determine the number of persons interested in speaking at that time.
If ten or fewer persons are interested in speaking during a public hearing, each speaker may speak for two minutes. If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker. Speakers are permitted to yield their time to one other speaker, however no one speaker shall have more than four minutes. The Presiding Officer may with the consent of persons representing both sides of an issue allocate a block of time to e ach side to present their issue.
When applicable, each member of the City Council shall verbally disclose all ex parte contacts concerning the subject of the hearing. Councilmembers shall also submit a report of such contacts in writing prior to the commencement of the hearing. Written reports shall be available for public review in the office of the City Clerk.
Action Calendar – Public Hearings
Tuesday, November 18, 2025 AGENDA Page 13
28. Adoption of Berkeley Building Codes, Including Local Amendments to California Building Standards Code
From: City Manager
Recommendation: Conduct a public hearing, and upon conclusion adopt the second reading of Ordinance No. 7,988-N.S repealing and reenacting the Berkeley Building, Residential, Electrical, Mechanical, Plumbing, Energy and Green Building Standards Codes in BMC Chapters 19.28, 19.29, 19.30, 19.32, 19.34, 19.36 and
19.37, and adopting related procedural and stricter provisions where the modifications or changes are substantially equivalent to changes or modifications that were previously filed by the City and were in effect as of September 30, 2025.
First Reading Vote: All Ayes.
Financial Implications: See report
Contact: Jordan Klein, Planning and Development, (510) 981-7400
29. Zoning Ordinance Amendments to Title 23 of the Berkeley Municipal Code for Consistency with State Law and Technical Edits (SLTE 2025) From: City Manager
Recommendation: Conduct a public hearing and upon conclusion, adopt the first reading of an Ordinance amending the following sections of the Berkeley Municipal Code (BMC) to maintain consistency and accuracy:
- 23.202.030 Additional Permit Requirements (Residential) - 23.202.050 R-1 Single Family Residential District
- 23.202.080 R-2 Restricted Two-Family Residential District - 23.202.090 R-2A Restricted Multiple-Family Residential District - 23.202.100 R-3 Multiple-Family Residential District
- 23.206.090 MU-R Mixed Use Residential District
- 23.326.030 Demolition of Residential Units
- 23.326.040 Eliminating Dwelling Units through Combination with Other Units Financial Implications: None
Contact: Jordan Klein, Planning and Development, (510) 981-7400
Council Action Items
30. Pausing City of Berkeley Authorization for Mills Act Agreements From: Councilmember Humbert (Author), Mayor Ishii (Co-Sponsor), Councilmember Kesarwani (Co-Sponsor), Councilmember Lunaparra (Co- Sponsor)
Recommendation: Adopt a Resolution pausing the City of Berkeley's authorization to use Mills Act Agreements for historic property preservation, deferring or denying all pending applications as of November 19, 2025, and allowing existing contracts to expire without renewal unless the City Council takes future action to reauthorize the program.
Financial Implications: See report
Contact: Mark Humbert, Councilmember, District 8, (510) 981-7180
Council Action Items
Tuesday, November 18, 2025 AGENDA Page 14
31. Unmanned Aerial Systems and Drones as First Responders From: Councilmember Taplin (Author), Councilmember Kesarwani (Co- Sponsor), Councilmember Humbert (Co-Sponsor) (Reviewed by the Public Safety Committee)
Recommendation: Refer to the City Manager the initiation of the process outlined by BMC 2.99: Surveillance Technology Ordinance (STO) for the Berkeley Police Department (BPD) to acquire and use Unmanned Aerial Systems (UAS), including Drones as First Responders (DFR), consistent with all auditing, transparency, data and privacy protections required for all use policies and acquisition reports under the STO.
Policy Committee Recommendation: Send the item with a positive recommendation to Council.
Financial Implications: See report
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120
Information Reports
32. 2025 Audit Follow-up Status Update
From: Auditor
Contact: Jenny Wong, Auditor, (510) 981-6750
33. Independent Third-Party Audit of the Payroll Audit Division From: Auditor
Contact: Jenny Wong, Auditor, (510) 981-6750
Public Comment – Items Not Listed on the Agenda
Adjournment
NOTICE CONCERNING YOUR LEGAL RIGHTS : If you object to a decision by the City Council to approve or deny a use permit or variance for a project the following requirements and restrictions apply:
1) No lawsuit challenging a City decision to deny (Code Civ. Proc. §1094.6(b)) or approve (Gov. Code 65009(c)(5)) a use permit or variance may be filed more than 90 days after the date the Notice of Decision of the action of the City Council is mailed. Any lawsuit not filed within that 90 -day period will be barred. 2) In any lawsuit that may be filed against a City Council decision to approve or deny a use permit or variance, the issues and evidence will be limited to those raised by you or someone else, orally or in writing, at a public hearing or prior to the close of the last public hearing on the project.
Archived indexed video streams are available at: berkeleyca.gov/council-agendas.
Channel 33 rebroadcasts the following Wednesday at 9:00 a.m. and Sunday at 9:00 a.m.
Communications to the City Council are public record and will become part of the City’s electronic records, which are accessible through the City’s website. Please note: e-mail addresses, names, addresses, and other contact information are not required, but if included in any communication to the City Council, will become part of the public record. If you do not want your e-mail address or any other contact information to be made public, you may deliver communications via U.S. Postal Service to the City Clerk Department at 2180 Milvia Street. If you do not want your contact information included in the public record, please do not include that information in your communication. Please contact the City Clerk Department for further information.
Tuesday, November 18, 2025 AGENDA Page 15
Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the public counter at the City Clerk Department located on the first floor of City Hall located at 2180 Milvia Street, and through the City's online records portal:
https://records.cityofberkeley.info/.
Agendas, agenda reports, and revised/supplemental material may be accessed via the online agenda for this meeting at: berkeleyca.gov/council-agendas
and may be accessed at reference desks at the following locations:
City Clerk Department - 2180 Milvia Street, First Floor Tel: 510-981-6900, TDD: 510-981-6903, Fax: 510-981-6901 Email: [email protected]
Libraries: Main – 2090 Kittredge Street,
Claremont Branch – 2940 Benvenue, West Branch – 1125 University, North Branch – 1170 The Alameda, Tarea Hall Pittman South Branch – 1901 Russell COMMUNICATION ACCESS INFORMATION:
This meeting is being held in a wheelchair accessible location.
To request a disability-related accommodation(s) to participate in the meeting, including auxiliary aids or services, please contact the Disability Services specialist at [email protected], (510) 981-6418 (V), or (510) 981-6347 (TDD) at least three business days before the meeting date.
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Questions regarding public participation may be addressed to the City Clerk Department (510) 981 -6900 or by email at [email protected].
I hereby certify that the agenda for this meeting of the Berkeley City Council was posted at the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way, as well as on the City’s website, on November 6, 2025.
Mark Numainville, City Clerk
Communications
Council rules limit action on Communications to referral to the City Manager and/or Boards and Commissions for investigation and/or recommendations. All communications submitted to Council are public record. Copies of individual communications are available for viewing at the City Clerk Department and through Records Online.
Tuesday, November 18, 2025 AGENDA Page 16
Item #30: Pausing City of Berkeley Authorization for Mills Act Agreements
1. Laura Veit and Isaac Warshauer
2. Janice Thomas
3. S. Entwistle
Telegraph Corridor
4. Helen Hallberg
5. Benjamin Fry
Telegraph Avenue Holiday Street Fair
6. Grace Teasdale
Access to Police Communications
7. Theo Posselt
Flock Concerns
8. Jindi Zhang
9. Aliza Zangwill
10. Zora Uyeda-Hale
11. Mimi Main
12. A Rubin
13. Lou Riordan
Formal Complaint Concerns
14. Alex Merenkov (2)
Bearathon
15. Iris Hamelin and Anna Kathawala
High-Rise Apartment Buildings
16. Harvey Sherback
Elementary Reading Program
17. Blima Dreezer
Disaster Preparedness Event
18. Dr. Veronica Ufoegbune, Raquel Balingit, Newt McDonald, Joyce Barnes, and Ebele Enebeli
Courtesy Photos
19. Georgia Paulos
Honeybee Resources
20. Mateo Kaiser
E-Bike Test & Rides
21. Jill Holloway
Tuesday, November 18, 2025 AGENDA Page 17
22. Nancy Hernandez
Zachary’s Corner Safety Concerns
23. Anne Whyte
2425 Durant ZAB Appeal
24. Heidi Webb on behalf of Jolene Kramer and Andrea Matsuoka
Harrison Street
25. Jim Lutz
26. Dr. Sukhdeep (Bobby) Dhadwar
27. Craig Nagasawa
Concept 3B Design
28. Neil Schneider
Housing Shaking Concern
29. Bingo Fantasy Football
Crosswalk Concerns
30. David Lerman
31. Whytes
Safety and Privacy Concern
32. Christian Bogado Marsa
Draft Resolution
33. Hank Pellissier
Tilden Park
34. Peter and Norma Lydon
Berkeley Juneteenth Association, Inc.
35. Gerald Baptiste, Jr.
Sidewalk Power Wash
36. Nancy Joachim
Construction
37. Kirstie Bennett
Exterior Elevated Elements Concerns
38. Andrew Marowitz
Spenger’s Parking Lot
39. Morgan Read
40. Denny
Tuesday, November 18, 2025 AGENDA Page 18
41. John Norheim and Steve Smith
42. Steven Donaldson
Property Tax Increase
43. Eric Friedman
44. Maureen Burke
ICE Concerns
45. Katharine Bierce
Street Sweeping
46. Mark Chekal
Marina Parking Fee
47. Maddie Williams
48. Gordon Stout
49. Wini Williams
50. Ivan Diamond
51. Deirdre Anderson
52. Kevin Johnston
53. Jennifer Millar
54. Lucy Kruyff
55. Sebastian Diaz
56. Kimberly McKeown
57. Chris Stratton
58. Elsa Tranter
59. Jeff Malmuth
60. Johanna Eigen
61. Karen Shimoda
62. Dave Tepper
63. Sherry Shannon
64. Gianna Michael
65. Joann Kweon
66. Brandon Essex
Housing Concerns
67. Hector91 Phuentes (18)
68. John Dunlap
Forwards
69. Russbumper (3)
URL’s
70. Russbumper (3)
Newsletters
71. Berkeley Art Center
72. Downtown Berkeley Association
Tuesday, November 18, 2025 AGENDA Page 19
E-Scooters
73. Robert Borghese (10)
74. Devin Dollinger (11)
75. Nicolas Nagle
Supplemental Communications and Reports
Items received by the deadlines for submission will be compiled and distributed as follows. If no items are received by the deadline, no supplemental packet will be compiled for said deadline. • Supplemental Communications and Reports 1
Available by 5:00 p.m. five days prior to the meeting.
• Supplemental Communications and Reports 2
Available by 5:00 p.m. the day before the meeting.
• Supplemental Communications and Reports 3
Available by 5:00 p.m. two days following the meeting.
Ordinance No. 7,986-N.S. Page 1 of 9
ORDINANCE NO. 7,986-N.S.
AMENDING BERKELEY MUNICIPAL CODE CHAPTER 7.54 THE EMPTY HOMES
TAX ORDINANCE
BE IT ORDAINED by the Council of the City of Berkeley as follows:
Section 1. That the Berkeley Municipal Code Chapter 7.54 is amended to read as follows:
Chapter 7.54
Empty Homes Tax
Sections:
7.54.010 Short Title.
7.54.020 Findings and purpose.
7.54.030 Definitions.
7.54.040 Imposition of Tax.
7.54.050 Returns--Presumption of Vacancy.
7.54.060 Exemptions.
7.54.070 Administration--Penalties.
7.54.075 Appeals.
7.54.080 Use of Funds for General Municipal Purposes.
7.54.090 Annual Reports.
7.54.100 Authorization and Limitation on Issuance of Bonds.
7.54.110 Severability.
7.54.120 Savings Clause.
7.54.130 Liberal Construction.
7.54.010 Short Title.
This Chapter shall be known as the "Empty Homes Tax Ordinance," and the tax it imposes shall be known as the "Empty Homes Tax."
7.54.020 Findings and purpose.
The People of the City of Berkeley find and declare as follows:
A. Residential vacancies are an ongoing concern in Berkeley.
B. Of total vacancies, the Berkeley Rent Stabilization Board data from 2022 indicates that 1,128 fully or partially regulated units in buildings with more than two units have been classified by their owners as not available to rent. Returning these and other vacant units to the housing market is a key strategy for ensuring long-term affordability.
01
Ordinance No. 7,986-N.S. Page 2 of 9
C. Prolonged vacancy restricts the supply of available housing units, is often the result of housing speculation and runs counter to the City’s housing objectives. Prolonged vacancies can also decrease economic activity in neighborhoods and lead to blight.
D. The housing affordability crisis has created an urgent need to pay for additional services and programs including, but not limited to, construction of new affordable housing for households with a household income of 80% or less of Area Median Income, including by providing pre-development funding to non-profit affordable housing developers, and the acquisition and rehabilitation of multi-unit buildings for affordable housing, and the operation of such buildings acquired and/or rehabilitated.
E. The City is also working to ensure all public funds available to build affordable housing are being maximized, from the City, Alameda County, State and Federal governments.
F. Even with the addition of City, County, State, and Federal resources, the City is unable to house all of its residents.
G. The increased costs of meeting the challenges of the housing crisis have impacted the City’s General Fund.
H. The City needs new funds to pay for municipal services. The Empty Homes Tax is intended to disincentivize prolonged vacancies and housing speculation, thereby increasing the number of housing units available for occupancy, while also raising funds for municipal services, including but not limited to constructing, acquiring, and rehabilitating affordable housing.
7.54.030 Definitions.
Unless otherwise defined in this Chapter, the terms used in this Chapter shall have the meanings given to them in Chapters 2.44 and 9.04 of the Municipal Code, as amended from time to time. For purposes of this Chapter, the following definitions shall apply:
A. "Affiliate" means an entity under common majority ownership or common control, whether that ownership or control is direct or indirect, with any other person or entity, including but not limited to a person or entity that majority owns or controls, or is majority owned or controlled by, any other person or entity.
B. "Building Permit Application Period" means the period following the date that an application for a building permit for repair, rehabilitation, or construction with respect to a Residential Unit is filed with the City through the date the Planning Department or its successor agency grants or denies that application, not to exceed one year.
Notwithstanding the preceding sentence, if more than one building permit application is filed by or on behalf of one or more persons in the Owner’s Group for the same Residential Unit, the Building Permit Application Period shall mean only the applicable period following the date the first application is filed with the City by or on behalf of anyone in the Owner’s Group. In the case of an owner qualifying for the Disaster Period in subsection
Ordinance No. 7,986-N.S. Page 3 of 9
D, the Building Permit Application Period may be extended beyond one year if the owner makes a good faith effort, as determined by the building official, to obtain a building permit.
C. "Disaster Period" means the two-year period following the date that a Residential Unit was made uninhabitable or unusable due to fire, natural disaster, or other catastrophic event, except where a negligent, reckless, or willful act or omission by the owner or agent of the owner contributed to or caused the Residential Unit to become uninhabitable or unusable due to fire, natural disaster or other catastrophic event.
D. “Environmental Remediation Period” means the period during which a Residential Unit is unoccupied, uninhabited, or unused because an environmental health authority has determined that environmental remediation or hazardous materials cleanup is required in order for the Residential Unit(s) to be suitable for residential use. This period shall begin on the date when the environmental health authority issues a determination requiring environmental remediation of the unit(s) for habitation and run until the environmental health authority has determined that the Residential Unit(s) are suitable for residential use. An environmental health authority includes but is not limited to the California Department of Toxic Substances Control (DTSC), Alameda County Environmental Health Department (ACEHD), a Regional Water Quality Board, or other local environmental health authority.
E. "Homeowners’ Exemption Period" means the period during which a Residential Unit is the principal place of residence of any owner of that Residential Unit and for which such owner validly has claimed either the homeowners’ property tax exemption under Section 218 of the California Revenue and Taxation Code or the disabled veterans’ exemption under Section 205.5 of that Code, as those sections may be amended from time to time.
F. "Hotel" means any property registered under Section 7.36.060 of the Municipal Code and excludes any properties regulated under Chapter 23.314 of the Municipal Code.
G. "Lease Period" means the period during which any owner of a Residential Unit or any person in the Owner’s Group of that owner leases that Residential Unit to one or more tenants under a bona fide lease intended for occupancy, but not including any lease or rental of that Residential Unit to anyone in the Owner’s Group or to travelers, vacationers, or other transient occupants.
H. "Owner Death Period" means, with respect to a co-owner or decedent’s estate, heirs, or beneficiaries, the period during which a Residential Unit is unoccupied, uninhabited, or unused because of the death of any owner of a Residential Unit who was the sole occupant of that Residential Unit immediately prior to such owner’s death, provided that such period shall not exceed the longer of two years or the period during which the Residential Unit is subject to the authority of a probate court.
I. “Owner Impairment Period” means the period during which a Residential Unit is unoccupied, uninhabited, or unused because the owner of a Residential Unit was impacted by a sudden physical infirmity, a significant medical event, or similar
Ordinance No. 7,986-N.S. Page 4 of 9
catastrophe, that contributed to or caused the Residential Unit to become unoccupiable, uninhabitable, or unusable. The Owner Impairment Period shall not exceed one year.
J. "Owner In Care Period" means the period during which a Residential Unit is unoccupied, uninhabited, or unused because the occupant of the Residential Unit who used that Residential Unit as their principal residence is residing in a hospital, long term or supportive care facility, medical care or treatment facility, or other similar facility.
K. "Owner’s Group" means for each owner of a Residential Unit, with respect to each Residential Unit, the owner, any current or former co-owner, and any Related Person or Affiliate of the owner or any current or former co-owner.
L. "Rehabilitation Period" means the two-year period following the date that the City issues a building permit for repair, or rehabilitation, with respect to a Residential Unit, provided that if the City issues multiple building permits to or for the benefit of one or more persons in the Owner’s Group for the same Residential Unit, the Rehabilitation Period shall mean only the two-year period following the issuance of the first building permit to or for the benefit of anyone in the Owner’s Group.
M. "Related Person" means a spouse, domestic partner, child, parent, or sibling.
N. "Residential Unit" means a house, an apartment, a group of rooms, or a single room that is designed as separate living quarters Separate living quarters are those in which the occupants live and eat separately from any other persons in the building and which have a kitchen and direct access from the outside of the building or through a common hall. For purposes of this Chapter, a Residential Unit shall not include a unit in a Hotel, a currently operational nursing home, residential care facility, or other similar facility, or any unit that is fully exempt from property tax under the welfare exemption under Section 214(g) of the California Revenue and Taxation Code, as may be amended from time to time.
O. "Vacancy Exclusion Period" means the Building Permit Application Period, Rehabilitation Period, Disaster Period, Environmental Remediation Period, Homeowners’ Exemption Period, Lease Period, Owner Death Period, Owner Impairment Period, or Owner In Care Period.
P. "Vacant" means unoccupied, uninhabited, or unused, for more than 182 days, whether consecutive or nonconsecutive, in a calendar year.
7.54.040 Imposition of Tax.
A. Except as otherwise provided in this Chapter, the City imposes an annual Empty Homes Tax on each person that owns a Residential Unit for keeping that Residential Unit Vacant for more than 182 days, whether consecutive or nonconsecutive, in a calendar year except for those periods defined as a Vacancy Exclusion Period.
Ordinance No. 7,986-N.S. Page 5 of 9
B. The Empty Homes Tax on an owner keeping a Residential Unit Vacant shall be as follows:
1. For the first calendar year that the Residential Unit is Vacant, the tax shall be $3,000 per Residential Unit in a vacant condominium, duplex, single family dwelling, or townhouse unit under separate residential unit ownership and $6,000 per any other vacant Residential Unit.
2. For the second consecutive calendar year and each subsequent calendar year thereafter that the Residential Unit is Vacant, the tax shall be $6,000 per Residential Unit in a vacant condominium, duplex, single family dwelling, or townhouse unit under separate residential unit ownership and $12,000 per any other vacant Residential Unit.
C. The rates set forth in subsection B. of this Section shall be adjusted annually in accordance with the increase in the Consumer Price Index: All Urban Consumers for the San Francisco/Oakland/San Jose Area for All Items as reported by the United States Bureau of Labor Statistics, or any successor to that index, as of December 31st of the preceding year, beginning with the 2025 calendar year.
D. The Empty Homes Tax shall be payable by the owner or owners of the Residential Unit kept Vacant. Not more than one tax per Residential Unit shall be imposed under this Section for a calendar year by reason of multiple liable owners. If there are multiple liable owners, each owner shall be jointly and severally liable for the tax, which shall be the highest amount of tax payable by any owner for that Residential Unit for that calendar year.
E. In determining whether an owner has kept a Residential Unit Vacant during a calendar year, days within any Vacancy Exclusion Period shall be disregarded if that Vacancy Exclusion Period applies to that owner for that Residential Unit, as shall days in which the Residential Unit was not owned by the owner, but the owner shall be deemed to have kept the Residential Unit unoccupied, uninhabited, or unused on all other days that such Residential Unit is unoccupied, uninhabited, or unused during the calendar year.
F. The Empty Homes Tax shall take effect on January 1, 2024. The Empty Homes Tax shall expire on December 31, 2034, unless reauthorized by the voters prior to such date.
G. The Empty Homes Tax shall be suspended for as long as the Berkeley COVID-19 Residential Eviction Moratorium is in effect pursuant to BMC 13.110 and the tax shall resume upon expiration.
H. Upon declaring a citywide emergency, the Council may suspend the tax in whole or part by a supermajority vote of two-thirds of the entire City Council upon a finding that a declared emergency has undermined the ability of owners to fill vacancies in their Residential Units. Such a suspension shall last for no more than 60 days from its enactment by the Council, but may be extended on or before its expiration by a two-thirds supermajority vote of the Council so long as the emergency continues and the required
Ordinance No. 7,986-N.S. Page 6 of 9
findings can be made. The Empty Homes Tax shall resume upon the expiration of the emergency.
I. The Council may, by majority vote of the entire City Council, amend this Chapter in furtherance of its purposes or to correct ambiguities or errors in language, provided that such amendments do not alter the dollar amounts of the tax as provided in Section
7.54.040 B, or expand the applicability of the exemptions in Section 7.54.060, or amend subsection H. or this subsection I. of Section 7.54.040.
7.54.050 Returns--Presumption of Vacancy.
A. Each person that is required to pay the Empty Homes Tax shall file a return in the form and manner prescribed by the City Manager or their designee.
B. Each person that owns a Residential Unit at any time during a calendar year and that is not exempt from the Empty Homes Tax with respect to that Residential Unit under any one of subsections A. through D. of Section 7.54.060 shall file a return for that calendar year in the form and manner prescribed by the City Manager or their designee. A person that fails to file the return required by this subsection B. for a Residential Unit shall be presumed to have kept that Residential Unit Vacant for the calendar year for which such return is required. The person who fails to file the required return may rebut the presumption by producing satisfactory evidence that such person did not keep the Residential Unit Vacant during the calendar year for which the return is required.
7.54.060 Exemptions.
A. For only so long as and to the extent that the City is prohibited by the Constitution or laws of the State of California or the Constitution or laws of the United States from imposing the Empty Homes Tax on any person that person shall be exempt from the Empty Homes Tax.
B. Any organization that is exempt from income taxation under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, shall be exempt from the Empty Homes Tax.
C. The City, the State of California, and any county, municipal corporation, district, or other political subdivision of the State shall be exempt from the Empty Homes Tax, except where any constitutional or statutory immunity from taxation is waived or is not applicable.
D. A natural person or trust who is the owner of a single property of four or fewer Residential Units, inclusive of accessory dwelling units and junior accessory dwelling units, that is their principal residence shall be exempt provided that they own no other Residential Units in the City. Additionally, for the purposes of this subsection D. only, the "owner" of such Rental Property shall not be any of the following set forth under California Civil Code Section 1947.12(d)(5)(A)(i)-(iii) ("AB 1482"): a real estate investment trust, as
Ordinance No. 7,986-N.S. Page 7 of 9
defined in Section 856 of the Internal Revenue Code; a corporation; or a limited liability company.
E. Any taxpayer seeking an exemption under this Section shall be required to demonstrate their entitlement thereto annually by submitting an application and supporting documentation to the City Manager or their designee in the manner and at the time established in regulations and/or guidelines hereafter promulgated by the City Manager subject to review by the City Council in its discretion. Such applications shall be on forms provided by the City Manager, or their designee.
7.54.070 Administration--Penalties.
A. The City Manager or their designee shall enforce the provisions of this Chapter and may prescribe, adopt, and enforce rules and regulations relating to the administration and enforcement of this chapter.
B. The tax required by this Chapter is delinquent if not received by the tax administrator within 60 days of the date of the notice sent by the City to any person that is subject to the Empty Homes Tax.
C. Any person who fails to pay the tax required by this Chapter to the City or any amount of tax required to be collected and paid to the City within the time required shall pay a penalty of ten percent of the tax or amount of the tax, in addition to the tax or amount of tax, plus interest at the rate of one percent per month from the date on which the tax or the amount of tax required to be collected became due and payable to the City until the date of payment.
D. Transactions with the principal purpose of avoiding or evading all or a portion of the Empty Homes Tax shall be disregarded for purposes of determining the amount of the Empty Homes Tax and whether the Empty Homes Tax is due. Any owner determined to have engaged in one or more transactions with the principal purpose of avoiding or evading all or a portion of the Empty Homes Tax shall be liable for the Empty Homes Tax and also liable for a penalty in an amount equal to the Empty Homes Tax.
E. Any tax required to be paid by an owner under the provisions of this chapter shall be deemed a debt owed by the owner to the City. Any person owing money to the City under the provisions of this chapter shall be liable to an action brought in the name of the City for the recovery of such amount, along with any collection costs incurred by the City as a result of the person’s noncompliance with this chapter, including, but not limited to, reasonable attorneys’ fees, plus interest and penalties as herein provided.
7.54.075 Appeals.
A. Any person disputing any decision of the City with respect to the Empty Homes Tax may appeal to the City Manager by filing a notice of appeal with the City Manager within
Ordinance No. 7,986-N.S. Page 8 of 9
thirty days from the decision of the administrative officer or agency, setting forth in full the grounds for the appeal.
B. Said appeal shall be scheduled for hearing by the City Manager or their designee, and the appellant shall be given no less than fourteen days notice of the time and place of said hearing.
C. Any person filing an appeal may appear at the time and place fixed in the notice and present their appeal. If any person that files an appeal, fails to appear in compliance with the notice or to obtain a continuance, they shall be deemed to have waived any and all grounds of appeal that could have been asserted against the City.
D. Within thirty days after the conclusion of the hearing, the City Manager or their designee shall notify the appellant in writing of the decision, which shall be final. If the decision establishes an amount of tax, penalties and/or interest due, the total amount shall be due and payable as of the date the original Empty Homes Tax was due and payable, together with any penalties that may be due; provided, however, if the amount of the Empty Homes tax is fixed in accordance with the original statement of the applicant, then no penalty shall attach by reason of any delinquency.
7.54.080 Use of Funds for General Municipal Purposes.
A. The Council may deposit any portion of the proceeds generated by the Empty Homes Tax into the Housing Trust Fund, subject to its operating rules, or it may use any of the proceeds to fund any general municipal services designated by the Council.
7.54.090 Annual Reports.
Commencing with a report filed no later than February 15, 2026, covering the fiscal year ending June 30, 2025, the City Manager shall file annually with the Council, by February 15 of each year, a report containing the amount of monies collected from the tax during the prior fiscal year.
7.54.100 Authorization and Limitation on Issuance of Bonds.
The City shall be authorized to pledge revenues generated by the Empty Homes Tax to the repayment of limited tax bonds or other forms of indebtedness authorized under this Section. The Council shall by ordinance or resolution, as applicable, establish the terms of any limited tax bonds or other forms of indebtedness authorized hereby, including but not limited to, the amount of the issue, date, covenants, denominations, interest rate or rates, maturity or maturities, redemption rights, tax status, manner of sale, and such other particulars as are necessary or desirable.
7.54.110 Severability.
Ordinance No. 7,986-N.S. Page 9 of 9
If any word, phrase, sentence, part, section, subsection, or other portion of this ordinance, or any application thereof to any person or circumstance is declared void, unconstitutional, or invalid for any reason, then such word, phrase, sentence, part, section, subsection, or other portion, or the prescribed application thereof, shall be severable, and the remaining provisions of this chapter, and all applications thereof, not having been declared void, unconstitutional or invalid, shall remain in full force and effect.
The People of the City of Berkeley hereby declare that they would have passed this ordinance, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases had been declared invalid or unconstitutional.
7.54.120 Savings Clause.
No section, clause, part, or provision of this Chapter shall be construed as requiring the payment of any tax that would be in violation of the Constitution or laws of the United States or of the Constitution or laws of the State of California.
7.54.130 Liberal Construction.
This Chapter shall be liberally construed to effectuate its purpose.
Section 2. Copies of this Ordinance shall be posted for two days prior to adoption in the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way. Within 15 days of adoption, copies of this Ordinance shall be filed at each branch of the Berkeley Public Library and the title shall be published in a newspaper of general circulation.
At a regular meeting of the Council of the City of Berkeley held on October 28, 2025, this Ordinance was passed to print and ordered published by posting by the following vote:
Ayes: Bartlett, Blackaby, Humbert, Kesarwani, Lunaparra, O’Keefe, Taplin, Tregub, and Ishii.
Noes: None.
Absent: None.
Ordinance No. 7,987-N.S. Page 1 of 2
ORDINANCE NO. 7,987-N.S.
AMENDMENT TO THE GROUND LEASE AT 400 GILMAN STREET (TOM BATES
REGIONAL SPORTS COMPLEX)
BE IT ORDAINED by the Council of the City of Berkeley as follows:
Section 1. FINDINGS:
1. City Council adopted Ordinance No. 6,978-N.S. on May 24, 2007, which authorized the City Manager to enter into a Ground Lease with East Bay Regional Park District for real property located at 400 Gilman Street, also known as the Tom Bates Regional Sports Complex.
2. The City and East Bay Regional Park District executed an Amendment to the Ground Lease dated April 20, 2009, and a second Amendment to the Ground Lease dated June 30, 2010. These amendments added 11,027 square feet of land to the Premises and approved additional sports field development.
3. The East Bay Regional Park District adopted Ordinance No. 2023-02-025 on February 7, 2023, which authorized the agency’s General Manager to amend the Ground Lease as set forth in Exhibit A.
4. The City will construct improvements on the property, which include a meeting room, bathrooms, plaza, storage room, up to eight pickleball courts, a grass youth soccer field, and associated ramps, stairs, fences, and gates. Construction of these improvements may not commence until the Amendment to the Ground Lease is executed by the City Manager.
Section 2. AUTHORIZATION FOR CITY MANAGER TO EXECUTE AN AMENDMENT TO THE GROUND LEASE AT 400 GILMAN STREET.
The City Manager is hereby authorized to execute an amendment to the Ground Lease with East Bay Regional Park District for real property located at 400 Gilman Street, also known as the Tom Bates Regional Sports Complex. Such amendment shall be on substantially the terms set forth in Exhibit A.
Section 3. Copies of this Ordinance shall be posted for two days prior to adoption in the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way. Within 15 days of adoption, copies of this Ordinance shall be filed at each branch of the Berkeley Public Library and the title shall be published in a newspaper of general circulation.
02
Ordinance No. 7,987-N.S. Page 2 of 2
At a regular meeting of the Council of the City of Berkeley held on October 28, 2025, this Ordinance was passed to print and ordered published by posting by the following vote:
Ayes: Bartlett, Blackaby, Humbert, Kesarwani, Lunaparra, O’Keefe, Taplin, Tregub, and Ishii.
Noes: None.
Absent: None.
AMENDMENT #3 TO GROUND LEASE
Tom Bates Regional Sports Complex
This Third Amendment to the Ground Lease executed March 20th, 2007 is made by and between the East Bay Regional Park District, a California special district (“District”) and the City of Berkeley, a political subdivision of the State of California, hereinafter called (“Lessee”), together the “PARTIES”.
RECITALS
WHEREAS, District is the owner of that certain 15.73-acre property (hereinafter called “Premises”) in the City of Berkeley, adjacent to Gilman Street and the Interstate 80 Frontage Road, also identified as Alameda County Assessor’s Parcel Number 060 -2529-001-06; and WHEREAS, the District and Lessee executed a Ground Lease (“Lease”) in 2007, granting to the Lessee the right to develop and operate public sports fields and related facilities upon the Premises through March 19th, 2032. The Lessee opened the Tom Bates Regional Sports Complex in 2008 ; and
WHEREAS, the District and Lessee entered into a First Amendment to the Ground Lease dated April 20, 2009, and a Second Amendment to the Ground Lease dated June 30, 2010. These amendments added 11,027 square feet of land to the Premises and approved additional sports field development; and
WHEREAS, the Measure T1 bond ordinance passed by Berkeley voters in 2016 requires that the Lessee have in place a formal land tenure agreement for the 30 -year length of the bond, necessitating an extension of the Ground Lease term; and WHEREAS, the Gilman Street / Interstate 80 Interchange Improvement Project, initiated by the Alameda County Transportation Commission, in collaboration with the Lessee and the District, has resulted in the construction of a new segment of the San Francisco Bay Trail upon the northern portion of the Premises; and
WHEREAS, the District is planning to develop its adjacent North Basin Strip property with a variety of recreational amenities including a public restroom, and will therefore require the installation of a sanitary sewer line across the Premises.
Now, therefore, the PARTIES agree as follows:
AMENDMENT
Pursuant to East Bay Regional Park District Board of Directors Resolution No. 2023 -02-025, adopted on February 7, 2023, the District and Lessee agree as follows:
Exhibit A
1. Section 2.1 of the Lease is replaced in its entirety with the following:
Term. The term of this Lease (“Term”) shall commence on March 20, 2007 (“Commencement Date”) and shall expire on December 31, 2053. The expiration of the Term or the sooner termination of this Agreement shall be referred to as “Lease Termination.”
2. Section 5.1.3 of the Lease is replaced in its entirety with the following:
Subsequent Improvements. The “Phase Two Improvements” include a meeting room, bathrooms, plaza, storage room, six pickleball courts, grass soccer field, and associated ramps, stairs, fences, and gates and are depicted in Exhibit A to this Amendment. Lessee shall bear the sole cost of constructing the Phase Two Improvements. The Lessee’s Phase Two Improvements shall include a gate for a future connection to the North Basin Strip area and a sanitary sewer line extension to an agreed upon point along the boundary between the Premises and the District’s North Basin Strip property. The District and Lessee shall pay for installation costs and service charges of the sanitary sewer line extension on a pro-rata basis as described in 4.4 of the Lease.
3. Section 5.2 of the Lease is replaced in its entirety with the following:
Design Approval; Construction Plans . For any new Improvements to the Premises, Lessee shall submit 30% construction or other plans to the District for review and conceptual approval, which will not be unreasonably withheld , additionally Lessee shall submit 95% plans for review for consistency with Park District standards prior to permit application. Lessee shall be responsible for obtaining all required building inspections and permits as applicable , as well as complying with all applicable laws . Lessee shall submit as-built designs to the District after the Improvements are complete.
4. Section 5.3 of the Lease is replaced in its entirety with the following:
Bids; Awards of Contracts . Lessee shall comply with all applicable requirements regarding competitive bidding for the Project. To the extent that any cost -share between the Lessee and District applies, Lessee shall present estimated costs to the District at least 60 days in advance of the start of work.
5. Section 5.4 of the Lease is replaced in its entirety with the following:
Changes and Alterations to Approved Construction Plans . Lessee shall notify the District of any major changes to the approved plans during construction and shall cloud changes in the as-built drawings.
REAFFIRMATION OF GROUND LEASE
The PARTIES hereby acknowledge and agree that the Lease, as modified by this Third Amendment, is hereby reaffirmed, ratified, and confirmed in its entirety. Except as modified by this Amendment, the terms and provisions of the Lease shall remain unchanged and in full force and effect. If there is any conflict between the terms and provisions of the Lease and this Amendment, the terms and provisions of this Amendment shall control and prevail.
IN WITNESS HEREOF, the PARTIES have fully executed this Amendment as of the date last signed below.
CITY OF BERKELEY
By: _________________________
Paul Buddenhagen, City Manager
Attest:
By:_________________________
Mark Numainville, City Clerk
Approved as to Form:
By: _________________________
EAST BAY REGIONAL PARK DISTRICT
By: ___________________________
Sabrina Landreth, General Manager
Approved as to Form:
By:______________________________
Jason Rosenberg, Assistant General Counsel
N
GROUND LEASE PREMISES
ALAMEDA COUNTY APN 060-2529-001-06
Exhibit B Page 7 of 9
Ordinance No. 7,989-N.S. Page 1 of 4
ORDINANCE NO. 7,989 -N.S.
AMENDING SECTION 7.52.060 OF THE BERKELEY MUNICIPAL CODE; REAL
PROPERTY TRANSFER TAX EXCEPTIONS
BE IT ORDAINED by the Council of the City of Berkeley as follows:
Section 1. That Berkeley Municipal Code 7.52.060, Real Property Transfer Tax Exceptions, Sub-section L, is amended to read as follows:
BMC 7.52.60 Sub-section L
L 1. Up to one-third of the tax imposed by this chapter shall be rebated, on a dollar for dollar basis, for all expenses incurred on or after January 1, 2025, to "home harden" either any structure which is used exclusively for residential purposes, or any mixed-use structure which contains two or more dwelling units. Multiple rebate applications may be submitted for a partial rebate of the tax paid. However, the total rebate for any combination of seismic retrofit and/or home hardening shall not exceed the maximum of one-third (1/3) of the base 1.5% transfer tax paid per Property.
L 2. The term "home harden" within the meaning of this chapter means improving, moving, removing, or taking other evidence-based actions to existing structures that reduce the risk of ignition from wildfire and embers. Parcels eligible for this program must be located within the High or Very High Fire Hazard Severity Zones designated by the City of Berkeley and have a property sales value less than $3,000,000. The property sales value shall be adjusted annually by the City of Berkeley on January 1 of each subsequent year to a number equal to the value of consideration for the transaction at the 95th percentile of transactions that occur in the City of Berkeley during the 12 months preceding September 1 of the preceding year, as recorded by the Alameda County Assessor, rounded to the nearest $100,000 increment; provided, that in no case shall any adjustment lower the threshold below $3,000,000.
Structures with a wood shake roof must be fully replaced with a Class A fire rated roof before any other mitigations can qualify for this transfer tax rebate. Replacement costs for the new Class A roof are eligible costs. All improvements must be permanent and comply with design, material and construction methods as described in the current version of the California Building Code, Chapter 5. and BMC 19.28.030. Vegetation management or gardening adaptations that require continued maintenance are not eligible with the one exception noted below in (2)(j). Mitigations performed must be satisfactorily completed as determined by the Building Official (when a permit is required) or a Berkeley Fire Department Defensible Space Inspection when a permit is not required. ”Home harden” within the meaning of this chapter means any of the following:
(a) Full replacement of a wood shake roof with a Class A fire rated roof is an eligible cost. Partial replacements of a wood shake roof with a Class A roof, or repairs to wood shake roofs are not eligible.
03
Ordinance No. 7,989-N.S. Page 2 of 4
(b) Removal of combustible fences and gates from the area within five (5) feet of the building being evaluated, and/or replacement with non-combustible alternatives.
(c) Creation of at least six (6) inches of noncombustible vertical clearance at the bottom of the exterior surface of the building, measured from the ground up. (d) Purchase and installation of fire-resistant vents and gutter covers of 1/16 to 1/8 inch noncombustible, corrosion-resistant metal mesh or OSFM Category 8165 approved ember resistant vents.
(e) Purchase and installation of multi-paned windows, including dual pane windows, that have at least one layer of tempered glass. (f) Modifications so eaves are enclosed.
(g) Purchase and installation of non-combustible siding or ember resistant mesh of 1/8” or finer around deck perimeter.
(h) Relocating or removing combustible structures, including sheds and other outbuildings, from the area within thirty (30) feet of the building being evaluated or, in the event that the applicant does not control the entirety of the area extending thirty feet from the building being evaluated, removal of combustible structures from as much of such area as is under the control of the applicant. (i) Installation of block spaces between roof covering and sheathing with noncombustible materials (bird stops).
(j) City-ordered tree removals within Zone 0 (within 0–5 ft of structures) when a tree has a Diameter at Breast Height (DBH) of less than 12". (k) Removal of mature woody brush and shrubs within Zone 0 or Zone 1 (0 - 30 ft of structures) that the Fire Code Official, or their designee, deems would be difficult for the resident to manually remove and that would likely require the use of chainsaws, stump grinders, or professional removal services, including but not limited to juniper, manzanita, ceanothus, and similar established species. (l) Any other work found by the Building Official or Fire Code Official (or their designee) to substantially increase the capability of those structures, specified in subsection 1, to withstand destruction or damage in the event of a wildfire.
L 3. The work to harden structures as provided herein shall be completed up to five (5) years prior to the recordation of the transfer document and up to one (1) year after, plus any extensions granted, as provided in paragraph 5.
Ordinance No. 7,989-N.S. Page 3 of 4
L 4. If hardening work, as provided for in this Ordinance, is completed up to five (5) years prior to the recordation of the transfer document, of any property subject to the tax imposed herein, the applicant may be eligible for a rebate of expenses incurred in connection with such work, subject to the following conditions:
(a) Upon completion of the hardening work and certification by the Building Official and/or Fire Code Official of the actual costs incurred for such work, and (b) Upon the subsequent sale or transfer of the property, the applicant may apply to the City Manager, or the City Manager’s designee, for a rebate of such certified expenses, and
(c) The City Manager or their designee may require that a rebate applicant self- certification that the hardening measures remain in service and functional, and (d) Applicants may be required to produce photographic documentation of current conditions, subject to the verification by the City at the time of transfer, and (e) To be eligible to receive the rebate, the applicant shall, at the time of application, have a current calendar year’s defensible space inspection from the Berkeley Fire Department showing no violations present, and
(f) Upon verification, the City Manager or their designee shall authorize a rebate in an amount not to exceed one-third (1/3) of the total tax imposed pursuant to this Ordinance.
(g) The rebate shall be issued to the parties to the property transfer, in accordance with the terms of the sale agreement. Any remaining portion of the tax shall be retained by the City.
L 5. If hardening work, as provided for in this Ordinance, is completed up to one (1) year following recordation of the transfer document for any property subject to the tax imposed herein, the applicant may be eligible for a rebate of expenses incurred in connection with such work, subject to the following conditions:
(a) Upon completion of the hardening work and certification by the Building Official and/or Fire Code Official of the actual costs incurred for such work, and (b) The applicant may apply to the City Manager, or the City Manager’s designee, for a rebate of such certified expenses. This application shall include eligible hardening work performed in the five years prior to the property transfer, and (c) The City Manager or their designee may require the applicant to produce photographic documentation of current conditions, and
(d) To be eligible to receive the rebate, the applicant shall, at the time of application, have a current calendar year’s defensible space inspection from the Berkeley Fire Department showing no violations present, and
(e) Upon verification, the City Manager or their designee shall authorize a rebate in an amount not to exceed one-third (1/3) of the total tax imposed pursuant to this Ordinance, and
Ordinance No. 7,989-N.S. Page 4 of 4
(f) The rebate shall be issued to the parties to the property transfer, in accordance with the terms of the sale agreement. Any remaining portion of the tax shall be retained by the City, and
(g) If the work is not completed within one year of the recordation of the transfer document, that portion which has been completed shall be credited as a rebate to the applicant upon submission of an application and substantiating documentation, as required by the City, showing the dollar amount of work completed up to that date.
L 6. Within the one-year period established by paragraph 5, an applicant may request, and the City Manager may approve, an extension of up to one year. The City Manager, or their designee, may grant such an extension only for good cause. The decision of the City Manager or their designee shall be entirely within their discretion and shall be final. (a) "Good cause" includes (i) the inability of the applicant, after a prompt and diligent search to find and retain the services of an architect, engineer, contractor or other service provider whose services are necessary to complete the home hardening work; (ii) unforeseen and unforeseeable circumstances such as a significant change in the scope of the home hardening work due to circumstances in the field which could not reasonably have been known earlier; and (iii) serious illness or other extraordinary and unforeseeable circumstances that prevented the timely commencement or completion of the home hardening work. (b) "Good cause" does not include (i) ignorance of the applicable City ordinances or regulations concerning the home hardening rebate provided in this chapter or state or local laws relating to the standards with which home hardening work must comply; or (ii) any delays which were within the control or responsibility of the applicant.
Section 2. Copies of this Ordinance shall be posted for two days prior to adoption in the display case located near the walkway in front of Maudelle Shirek Building, 2134 Martin Luther King Jr. Way. Within 15 days of adoption, copies of this Ordinance shall be filed at each branch of the Berkeley Public Library and the title shall be published in a newspaper of general circulation.
At a regular meeting of the Council of the City of Berkeley held on October 28, 2025, this Ordinance was passed to print and ordered published by posting by the following vote:
Ayes: Bartlett, Kesarwani, Lunaparra, Taplin, Tregub, and Ishii.
Noes: Blackaby, Humbert.
Abstain: O’Keefe.
Absent: None.
Office of the City Attorney
CONSENT CALENDAR
November 18, 2025
To: Honorable Members of the City Council
From: Farimah Brown, City Attorney (Author)
Subject: Amendments to Ordinance Prohibiting the Sale or Use of Coordinated Pricing Algorithms (BMC 13.63)
RECOMMENDATION
Adopt Amendments to the Ordinance Prohibiting the Sale or Use of Coordinated Pricing Algorithms (BMC 13.63).
BACKGROUND
On March 25, 2025, the City Council adopted a second reading of an ordinance that prohibits the sale or use of coordinated pricing algorithms to set or recommend rents in Berkeley (BMC 13.63, Ord. No. 7,956-N.S.) Pursuant to City Charter, Article XIV, Section 93, the ordinance originally became effective on April 24, 2025. However, in April 2025, RealPage, Inc. filed a lawsuit seeking to enjoin the ordinance on First Amendment grounds. See RealPage, Inc. v. City of Berkeley, 3:25-cv-03004-JSC (N.D.
Cal.). To mitigate litigation costs and facilitate a possible amicable resolution of the case, the City Council suspended the effective date of the ordinance until March 1, 2026. (See Ord. No. 7,974-N.S.)
After engaging in discussions with RealPage, the City Attorney’s Office is now proposing amendments (Attachment 1) to the ordinance. Based on these discussions, the City Attorney’s Office believes that the litigation will be resolved if these amendments are adopted.
RATIONALE FOR RECOMMENDATION
The proposed amendments in Attachment 2 would help facilitate the resolution of the litigation.
FINANCIAL IMPLICATIONS
The action could facilitate a resolution to the above-mentioned litigation, thus reducing the City’s litigation costs in this matter.
ENVIRONMENTAL SUSTAINABILITY
There are no identifiable environmental effects from taking this action.
CONTACT PERSON
Farimah Brown 510-981-6998
04
Amendments to Ordinance Prohibiting the Sale or Use of Coordinated Pricing Algorithms (BMC 13.63) November 18, 2025
Attachments:
1. Proposed Amendments to Ordinance No. 7,974-N.S., Prohibition on the Sale or Use of Coordinated Pricing Algorithms To Set Rents or Manage Occupancy Levels for Residential Dwelling Units (redline).
ORDINANCE NO. -N.S.
AMENDING CHAPTER 13.63 OF THE BERKELEY MUNICIPAL CODE
COORDINATED PRICING ALGORITHMS TO SET RENTS OR MANAGE
OCCUPANCY LEVELS FOR RESIDENTIAL DWELLING UNITS
BE IT ORDAINED by the Council of the City of Berkeley as follows:
Section 1. That Berkeley Municipal Code 13.63 is amended to read as follows:
Chapter 13.63
PROHIBITION ON THE SALE OR USE OF COORDINATED PRICING
ALGORITHMS TO SET RENTS OR MANAGE OCCUPANCY LEVELS FOR
RESIDENTIAL DWELLING UNITS
Sections:
13.63.010 Findings and Purpose
13.63.020 Definitions
13.63.030 Use and Sale of Coordinated Pricing Algorithms Prohibited
13.63.040 Remedies
13.63.050 Undertaking for the General Welfare
13.63.060 Severability
13.63.070 Effective Date
13.63.010 Findings and purpose.
The Council hereby finds and determines that the adoption of this chapter is necessary to the promotion of the public health, safety, and welfare.
A. In recent years, a number of new software programs, often referred to as “algorithmic devicescoordinated pricing algorithms”, have threatened to destabilizebeen reported as having an impact on rental housing markets in cities nationwide, including the City of Berkeley.
B. These programs reportedly enable landlords to indirectly coordinate with one another through the sharing of non-public competitively sensitivenonpublic competitor data in order to artificially inflateto impact rents and vacancy rates for rental housing.
Participating landlords provide vast amounts of proprietary data to the programs, which in turn set or provide recommendations for rent and occupancy levels.
Internal
A. C. More and more landlords in U.S. cities now pool their data and pricing decisions using such software.
B. The software has contributed to double-digit rent increases (over the last nine years, median rents have increased 19% in the East Bay), higher vacancy rates, and higher rates of eviction, and has generally distorted markets so that rents and vacancy rates have increased in tandem.
Often used by large corporate landlords, the software fuels the consolidation of corporate and private equity ownership of rental housing, at the expense of landlords large and small who are willing to play by the normal rules. Landlords using use these tools are not engaging in appropriate market behavior. And the companies developing and selling these tools to Berkeley landlords are not doing so either, and are contributing to these problems.programs.
C. A 2022 class action lawsuit filed in the U.S. District Court in the Western District of Washington at Seattle (one of over 20 private class action lawsuits that have been consolidated into one case) accuses nearly 50 trade associations - including the East Bay Rental Housing Association and the Berkeley Property Owners Association – of serving as “conduits of the cartel” by providing a venue for RealPage and their property owners to conspire. The lawsuit further alleges that landlords use the software to agree on prices to set for rent, and to stagger their lease renewal dates so as to avoid any oversupplies in rental properties.
D. Numerous antitrust lawsuits have been filed against certain of these companies, including RealPage, Inc. and Yardi Systems, Inc. The lawsuits allege that these companies are enabling and participating in a scheme of unlawful rent-fixing. These include a lawsuit filed by the District of Columbia Attorney General in November 2023, a lawsuit filed by the Arizona Attorney General in February 2024, and more than 20 federal private class action lawsuits filed nationwide that have been consolidated in the federal court in the Middle District of Tennessee. In August 2024, The United States Department of Justice, alongside the attorneys general of California and seven other states, filed an antitrust lawsuit against RealPage, accusing the company of reducing competition among landlords and taking over the market for such algorithm-based rental software.
D. Numerous antitrust lawsuits have been filed against certain of these companies.
These include lawsuits filed by the U.S. Department of Justice, state Attorneys General, and numerous private plaintiffs.
E. Instead of waiting for court processes which may take years to resolve, this ordinance prohibits the sale or use of algorithmic devicescoordinated pricing algorithms for the purpose of setting rents on residential dwelling units in the city of Berkeley, to bring immediate relief to Berkeley tenants, as well as to put landlords who have been using these devices on equal footing with those who are willing to adhere to fair standards for setting rental rates.their competitors.
F. This Chapter is not intended to prevent the development or sale of software to help landlords manage their units generally or through the use of public data. Nor does this Chapter regulate the amount of rent that a landlord may charge. This Chapter solely
Internal
regulates the use and sale of the algorithmic devices that analyze and share non-public datacoordinated pricing algorithms, to prevent the harms described above.
13.63.020 Definitions.
A. “Coordinated pricing algorithm” means any analytical or computation processesprocess that use datauses Competitor Data to calculate and recommend or predict the price of consumer goods or servicesrent prices, fees, occupancy rates or other rental contract terms for future leases in direct or indirect coordination withbetween one or moreCity of Berkeley landlord and one or more of such landlord’s competitors, including through a third-party vendor such as a software program that uses one or more algorithms to perform calculations of competitor data concerning local or statewide rents or occupancy levels, for the purpose of advising landlords whether to leave their units vacant or on the amount of rent that landlords may obtain from tenants. "Coordinated pricing algorithm". A “coordinated pricing algorithm” includes a product that incorporates a coordinated pricing algorithm, but does not include (a) a product or process that generates or presents any report published by a trade association that receives renter data and , study, or presentation that publishes itrental data in an aggregated and anonymous manner orbut does not recommend rent prices, fees, or occupancy rates or other rental contract terms for future leases; (b) a product used for the purpose of establishing rent or income limits in accordance with the affordable housing guidelines of a local government, the state, the federal government, or other political subdivision; or (c) a product or process that provides or uses, or the provision or use of, information for the purpose of (i) conducting market research for project financing, (ii) conducting an appraisal, or (iii) conducting research, testing, or training for software development. For clarity, “research, testing, or training for software development” includes without limitation the use or processing of Competitor Data in the development, training, or testing of predictive or machine learning models so long as any such data is not used as an input in the operation of the model at the time a recommendation is calculated for publication or provision to a City of Berkeley landlord.
B. “Competitor dataData” means information, including information about that is not available to the general public concerning actual rent prices, occupancy rates, lease start and end dates, and similar data, regardless whether the information is attributable to a specific competitor or anonymized, and regardless whether it is derived from or otherwise provided by another person that competes in the same market or a related market. regarding a property other than a property that is owned or managed by the landlord who is the recipient or user of the generated recommendation, when such data is less than 90 days old.
13.63.030 Use and sale of coordinated pricing algorithms prohibited.
Internal
A. It shall be unlawful to sell, license, or otherwise provide to cityCity of Berkeley landlords any coordinated pricing algorithm that sets, or recommends, or advises on rents or occupancy levels that may be achieved for residential dwelling units in the cityCity of Berkeley.
B. It shall be unlawful for a landlord to use a coordinated pricing algorithm described in subsection A when setting rents or occupancy levels for residential dwelling units in the cityCity of Berkeley. Each separate month that a violation exists or continues, and each separate residential dwelling unit for which the landlord used the coordinated pricing algorithm, shall constitute a separate and distinct violation.
13.63.040 Remedies.
A. The City Attorney may file a civil action for violations of section 13.63.030, subsections A and/or B, for damages, injunctive relief, restitution/return of illegal profits, and/or civil penalties of up to $1,000 per violation. The court shall award reasonable attorney’s fees and costs to the cityCity Attorney if the City Attorney is the prevailing party in such a civil action.
A
B. An aggrieved tenant may file a civil action for violations of section 13.63.030, subsection B, for injunctive relief, money damages, and/or civil penalties of up to $1,000 per violation. The court shall award reasonable attorney’s fees and costs to the tenant if the tenant is the prevailing party in such a civil action. A lease provision that limits a prevailing tenant from obtaining attorneys’ fees shall not be enforceable against a tenant’s claim for attorneys’ fees that arises under this subsection 13.63.040 (B.).
13.63.050 Undertaking for the general welfare.
In enacting and implementing this Chapter 13.63, the City is assuming an undertaking only to promote the general welfare. It is not assuming, nor is it imposing on its officers and employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury.
13.63.060 Severability.
If any part or provision of this Chapter, or the application of this Chapter to any person or circumstance, is held invalid, the remainder of this Chapter, including the application of such part or provision to other persons or circumstances, shall not be affected by such a holding and shall continue in full force and effect. To this end, the provisions of this Chapter are severable.
13.63.070 Effective Date.
The provisions of this Chapter shall not take effect until March 1, 2026.
Internal
Section 2. Copies of this Ordinance shall be posted for two days prior to adoption in the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way. Within 15 days of adoption, copies of this Ordinance shall be filed at each branch of the Berkeley Public Library and the title shall be published in a newspaper of general circulation.
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: Mark Numainville, City Clerk
Subject: Minutes for Approval
RECOMMENDATION
Approve the minutes for the Council meetings of October 14, 2025 (regular), October 27, 2025 (closed), October 28, 2025 (special and regular).
CONTACT PERSON
Mark Numainville, City Clerk, (510) 981-6900
Attachments:
1. October 14, 2025 – Regular City Council Meeting
2. October 27, 2025 – Special Closed City Council Meeting
3. October 28, 2025 – Special City Council Meeting
4. October 28, 2025 – Regular City Council Meeting
05
Tuesday, October 14, 2025 MINUTES Page 1
MINUTES
BERKELEY CITY COUNCIL MEETING
Tuesday, October 14, 2025
6:00 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702
ADENA ISHII, MAYOR
Councilmembers:
DISTRICT 1 – RASHI KESARWANI
DISTRICT 2 – TERRY TAPLIN
DISTRICT 3 – BEN BARTLETT
DISTRICT 4 – IGOR TREGUB
DISTRICT 5 – SHOSHANA O’KEEFE
DISTRICT 6 – BRENT BLACKABY
DISTRICT 7 – CECILIA LUNAPARRA
DISTRICT 8 – MARK HUMBERT
This meeting will be conducted in a hybrid model with both in-person and virtual attendance. Attend this meeting remotely using Zoom. To request to speak, use the “raise hand” function in Zoom. To join by phone: Dial 1-669- 254-5252 or 1-833-568-8864 (Toll Free) and enter Meeting ID: 161 273 2497. To provide public comment, Press *9 and wait to be recognized by the Chair. To submit a written communication for the public record, email [email protected].
Live captioned broadcasts of Council meetings are available on B-TV (Channel 33) and via internet video stream.
All Council meetings are recorded.
This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953. Any member of the public may attend this meeting, however, if you are feeling sick, please do not attend the meeting in person.
The City Council may take action related to any subject listed on the Agenda.
Pursuant to the City Council Rules of Procedure and State Law, the presiding officer may remove, or cause the removal of, an individual for disrupting the meeting. Prior to removing an individual, the presiding officer shall warn the individual that their behavior is disrupting the meeting and that their failure to cease their behavior may result in their removal. The presiding officer may then remove the individual if they do not promptly cease their disruptive behavior. “Disrupting” means engaging in behavior during a meeting of a legislative body that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting and includes, but is not limited to, a failure to comply with reasonable and lawful regulations adopted by a legislative body, or engaging in behavior that constitutes use of force or a true threat of force.
Government Code Section 84308 (Levine Act) - Parties to a proceeding involving a license, permit, or other entitlement for use are required to disclose if they made contributions over $500 within the prior 12 months to any City employee or officer. Parties and participants with a financial interest are prohibited from making more than $500 in contributions to a decisionmaker for the 12 months after the final decision is rendered on the proceeding.
The above contribution disclosures and restrictions do not apply when the proceeding is competitively bid, or involves a personnel or labor contract. For more information, see Government Code Section 84308.
Attachment 1
Tuesday, October 14, 2025 MINUTES Page 2
Preliminary Matters
Roll Call: 6:07 p.m.
Present: Kesarwani, Taplin, Tregub, O’Keefe, Blackaby, Lunaparra, Humbert, Ishii
Absent: Bartlett
Councilmember Bartlett present at 6:09 p.m.
Councilmember Humbert participated the meeting remotely under the just cause exception in the Brown Act.
Land Acknowledgement Statement: The City of Berkeley recognizes that the community we live in was built on the territory of xučyun (Huchiun (Hooch-yoon)), the ancestral and unceded land of the Chochenyo (Cho-chen-yo)-speaking Ohlone (Oh-low-nee) people, the ancestors and descendants of the sovereign Verona Band of Alameda County. This land was and continues to be of great importance to all of the Ohlone Tribes and descendants of the Verona Band. As we begin our meeting tonight, we acknowledge and honor the original inhabitants of Berkeley, the documented 5,000-year history of a vibrant community at the West Berkeley Shellmound, and the Ohlone people who continue to reside in the East Bay. We recognize that Berkeley’s residents have and continue to benefit from the use and occupation of this unceded stolen land since the City of Berkeley’s incorporation in 1878. As stewards of the laws regulating the City of Berkeley, it is not only vital that we recognize the history of this land, but also recognize that the Ohlone people are present members of Berkeley and other East Bay communities today. The City of Berkeley will continue to build relationships with the Lisjan Tribe and to create meaningful actions that uphold the intention of this land acknowledgement.
Ceremonial Matters:
1. Recognition of Berkeley Residents Esai Santos and Noah Millikan playing for the Oakland Ballers and the Ballers’ Pioneer League Championship
2. Adjourned in Memory of Berkeley Resident Joanna Macy, Author, Teacher, and Activist
3. Adjourned in Memory of Berkeley Resident Professor Geroge Smoot, Nobel Laureate City Manager Comments: None
City Auditor Comments:
The City Auditor noted the audit updates presented in Information Items 16 and 18 and the successful completion of several recommendations.
Public Comment on Non-Agenda Matters: 7 speakers
Public Comment by Employee Unions: 1 speaker
Consent Calendar
Tuesday, October 14, 2025 MINUTES Page 3
Public Comment on Consent Calendar and Information Items Only: 10 speakers.
Action: M/S/C (Taplin/Tregub) to adopt the Consent Calendar in one motion except as indicated.
Vote: All Ayes.
Recess Items
1. Contract No. 32400122 Amendment: Buhler Commercial for Willard Park Clubhouse and Restroom Replacement Project
From: City Manager
Recommendation: Adopt a Resolution ratifying the action taken by the City Manager during the City Council recess to increase Contract No. 32400122 by $30,000 for a not to exceed amount of $6,861,067.
Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 71,974–N.S.
Consent Calendar
2. 2026 Tax Rate: Transportation Network Company User Tax From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,985–N.S setting the 2026 tax rate (effective January 1, 2026) for the transportation network company at the following rates: 62 cents on the user for each prearranged trip that originates in the City that is not part of a pooled prearranged trip and 30 cents for each pooled prearranged trip on each user who arranges each prearranged trip that originates in the City and which comprises part of the pooled prearranged trip.
First Reading Vote: All Ayes.
Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Adopted second reading of Ordinance No. 7,985–N.S.
3. Adopt Revisions to the 2025 City Council Meeting Schedule From: City Manager
Recommendation: Adopt a Resolution modifying the City Council regular meeting schedule for 2025, with starting times of 6:00 p.m., to reschedule the November 4, 2025, regular meeting to November 10, 2025.
Financial Implications: See Report
Contact: Mark Numainville, City Clerk, (510) 981-6900
Action: Adopted Resolution No. 71,975–N.S.
Consent Calendar
Tuesday, October 14, 2025 MINUTES Page 4
4. Contract: Healthy Black Families for the African American Holistic Resource Center Project Sankofa
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Healthy Black Families (HBF) for the African American Holistic Resource Center Project Sankofa, which will be funded through the State of California Mental Health Services Act (MHSA) Community Services and Supports funds, for a not to exceed amount of $300,000, through June 30, 2026.
Financial Implications: See report
Contact: Paul Buddenhagen, City Manager, (510) 981-7000 Action: Adopted Resolution No. 71,976–N.S.
5. Revenue Grant: FEMA Seismic Hazard Mitigation Grant Program From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to submit a letter of commitment of matching funds for a seismic Hazard Mitigation Grant application for the City of Berkeley Civic Center Project-Seismic Retrofit of MSB and VMB to the Federal Emergency Management Agency (FEMA), and subject to its award, to accept the grant, execute any resultant revenue agreements and amendments, accept any additional funding allocations from the Hazard Mitigation Grant Program (HMGP), and designate the City Manager as the applicant’s authorized agent. If awarded, the grant will underwrite the seismic retrofit of two historic and critical buildings in Berkeley’s Civic Center, the Maudelle Shirek Building (“MSB” or “Old City Hall”) and the Veterans Memorial Building (“VMB”).
Financial Implications: See report
Contact: Eleanor Hollander, Economic Development, (510) 981-7530 Action: Adopted Resolution No. 71,977–N.S.
6. Revenue Grant: FEMA Fire Hazard Mitigation Grant Program From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to submit a letter of commitment of matching funds for a Hazard Mitigation Grant application for the City of Berkeley Home Hardening and Defensible Space Grants Project to the Federal Emergency Management Agency (FEMA), and subject to its award, to accept the grant, execute any resultant revenue agreements and amendments, accept any additional funding allocations from the Hazard Mitigation Grant Program, and designate the City Manager and Deputy City Manager as the applicant’s authorized agents.
Financial Implications: See report
Contact: Jordan Klein, Planning and Development, (510) 981-7400, David Sprague, Fire, (510) 981-3473
Action: Adopted Resolution No. 71,978–N.S.
Consent Calendar
Tuesday, October 14, 2025 MINUTES Page 5
7. Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on October 14, 2025
From: City Manager
Recommendation: Approve the request for proposals or invitation for bids (attached to staff report) that will be, or are planned to be, issued upon final approval by the requesting department or division. All contracts over the City Manager’s threshold will be returned to Council for final approval.
Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Approved recommendation.
8. Contract No. 10271 Amendment: Lease of 1521-1535 University Avenue From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or designee to execute an amendment to Contract No. 10271 with Satellite Affordable Housing Associates (SAHA) through June 30, 2031, adding $1,200,000 for a total contract amount of $2,709,949.20, to fund lease payments for 1521-1535 University Avenue.
Financial Implications: See report
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 71,979–N.S.
9. Contract No. 31900009 Amendment: McKinley House (2111 McKinley Avenue, Berkeley, CA 94703)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or designee to execute an amendment to Contract No. 31900009 with Building Opportunities for Self-Sufficiency (BOSS) through June 30, 2026, adding $84,474 for a total contract amount not to exceed $911,133, to fund Mental Health clients living at 2111 McKinley Avenue in Berkeley.
Financial Implications: See report
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 71,980–N.S.
10. Contract: Preferred Alliance, Inc. for Drug and Alcohol Testing Services From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to increase the amount of the current contract and any amendments with Preferred Alliance Inc., to continue to provide third party administration of the City’s Random Drug and Alcohol Testing Program which expires at the end of 2025. An extension is necessary through June 30, 2027. A contract cap increase is required in an amount not to exceed $100,000 to continue services.
Financial Implications: See report
Contact: Janelle Rodrigues, Human Resources, (510) 981-6800 Action: Adopted Resolution No. 71,981–N.S.
Consent Calendar
Tuesday, October 14, 2025 MINUTES Page 6
11. Contract: ESI Group for IBM Hardware, Software, and related Services From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract with ESI Group for IBM hardware, software and related services (AS400) for the FUND$ system for an amount not to exceed $225,000 for the period commencing on July 1, 2025 through June 30, 2027.
Financial Implications: See report
Contact: Kevin Fong, Information Technology, (510) 981-6500 Action: Adopted Resolution No. 71,982–N.S.
Council Consent Items
12. Residents Oppose Broadcasting Obnoxious Cacophony Out in Public (ROBOCOP) (Reviewed by the Public Safety Committee)
From: Councilmember O'Keefe (Author)
Recommendation: Refer to the City Manager a request that the City Attorney draft amendments to Berkeley Municipal Code Chapter 13.40, Community Noise, to prohibit in certain circumstances the installation and use of motion-activated surveillance devices that emit artificial or pre-recorded sound—including alarms, sirens, or voice recordings—in response to the presence or motion of persons in the public right-of-way or on private property that is open to the public, with additional clarification regarding location parameters and permissible volume levels.
This prohibition shall apply to such devices when installed in the public right-of-way or on private property when triggered by motion in the public right-of-way, and when the sound emitted is audible in public areas. The prohibition shall not apply to conventional burglar alarms that activate only in response to unauthorized entry or tampering.
Policy Committee Recommendation: To send the item with a qualified positive recommendation to Council, requesting that the City Attorney draft ordinance language as outlined in the recommendation, with additional clarification regarding location parameters and permissible volume levels.
Financial Implications: See report
Contact: Shoshana O'Keefe, Councilmember, District 5, (510) 981-7150 Action: Councilmembers Humbert, Tregub, and Lunaparra added as co-sponsors.
Approved recommendation as recommended by the Public Safety Committee.
13. Urging Police Accountability Board Regulations Completion From: Councilmember Blackaby (Author), Mayor Ishii (Co-Sponsor) Recommendation: Adopt a Resolution urging the Police Accountability Board (PAB), Berkeley Police Association (BPA), the Berkeley Police Department (BPD) and the City of Berkeley to complete negotiations on final PAB Regulations.
Financial Implications: None
Contact: Brent Blackaby, Councilmember, District 6, (510) 981-7160 Action: Adopted Resolution No. 71,983–N.S. with co-sponsors added in Supplemental Communications Packet #1
Information Reports
Tuesday, October 14, 2025 MINUTES Page 7
14. Changes to Special Events Permitting Fees and Requirements From: City Manager
Contact: Peter Radu, City Manager's Office, (510) 981-7000 Action: Received and filed.
15. Referral Response Alternative Housing Options for People Experiencing Homelessness
From: City Manager
Contact: Peter Radu, City Manager's Office, (510) 981-7000 Action: Received and filed. Future update to be submitted through agenda process.
16. Staff Shortages: City Services Constrained by Staff Retention Challenges and Delayed Hiring Audit Status Report
From: City Manager
Contact: David White, City Manager's Office, (510) 981-7000 Action: Received and filed.
17. Civic Arts Grant Awards: Fiscal Year 2026
From: City Manager
Contact: Eleanor Hollander, Economic Development, (510) 981-7530 Action: Received and filed.
18. Update: HR Response: Audit Directive(s) for Comprehensive Domestic Violence Policy to Support City Employees
From: City Manager
Contact: Janelle Rodrigues, Human Resources, (510) 981-6800 Action: Received and filed.
19. Landmark Preservation Ordinance Notice of Decision: 2000 Blake Street /#LMIN2025-0003
From: City Manager
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: Received and filed.
Public Comment – Items Not Listed on the Agenda - 0 speakers.
Adjournment
Action: M/S/C (Taplin/O’Keefe) to adjourn the meeting.
Vote: All Ayes.
Adjourned at 7:25 p.m.
Information Reports
Tuesday, October 14, 2025 MINUTES Page 8
I hereby certify that the foregoing is a true and correct record of the regular meeting held on October 14, 2025
_________________________
Mark Numainville, City Clerk
Communications
Road Repair
1. Gene Hendrix
Spray Paint Concern
2. Phil Ardery
Affordable Housing
3. Margot Smith
Bicycle Accident Concern
4. Suzanne Sattergren
Berkeley Bicycle Plan
5. Nathaniel Kane on behalf of parents of children ay Sylvia Mendez Elementary School
6. Kelly Hammargren
7. Evan Lovett-Harris
8. Megan R. Schwarzman
9. Cindi Goldberg
10.Save Hopkins
11.Marguerite Lee
12.Tom Lent
13.Margaret Leventhal
14.Ben Gerhardstein on behalf of Walk Bike Berkeley
15.Noah Budnick on behalf of the Transportation and Infrastructure Commission Railroad Quiet Zones
16. Rod Richardson
Transparency at Commission Meetings
17.Dorothea Dorenz
RV Policy Proposal
18.Tony Boyle
Tuesday, October 14, 2025 MINUTES Page 9
Bologna as Precedent
19. John J. Parman
CareBridge Program
20.Fran Haselsteiner
Rose Street Concerns
21.Walk Bike Berkeley
Ohlone Greenway Safety Improvements Project
22.Transition Berkeley Board Members
Health Policy Change
23.Anson Chau
Berkeley Cannabis Tax
24.Louise Booth
Draft Berkeley Reparations Note
25.Phoebe Thomas Sorgen
Upzoning
26.Vivian Pisano
27.Anne Boersma
Berkeley Beef Concern
28.Cybersailor
SB79
29.Margots999
California Theater
30.Charlene M. Woodcock
Transportation Services
31.Anastasia Gomes
Research Collaboration
32.Neel Shetty
Mr. Mopps Read-In Event
33.Jen Corn
Berkeley High Safety Zone
34.Cassandra Tesch
Tuesday, October 14, 2025 MINUTES Page 10
Sun Day Berkeley
35.Kera Binns
Public Comment
36.Rose A. Davila
Public School Athletic Trainings
37.Nicoletta Karam
EMBER
38.Nenelle Bunnin
Slice of Our Markets
39.Cynthia Murdough
Children Safety Concerns
40.Angela Patterson Briscoe
Downtown Berkeley Concerns
41.Ed Iskander
8th Street
42.Angela Beggs (2)
43.Marriane Riddle
44.Natasha Ravnik
New Micro Mobility Study
45.Nicolas Nagle
46.Scott Artis
Construction Settlement Repairs
47.Hector91 Phuentes
Berkeley Marina
48.Beatriz Quinones
Encampments
49.Jo Ann Driscoll
50.John Waters
Mechanical Street Sweeping
51.Scott Stewart
Kala Bagai Way Naming
52.Prabhjot Singh
53.Negeene Mosead
Tuesday, October 14, 2025 MINUTES Page 11
PIN Request
54.Alexander Merenkov
2020 Kittrege
55.Alexander Merenkov (6)
56.Manreet Gill
57.HCI
58.K Street Flats
E-Scooters
59.Robert Borghese (8)
60.Devin Dollinger (2)
61.Nicolas Nagle (3)
62.Wahid Amiri
Eid’s Television
63.Eid
Elementary Reading Program Concerns
64.2,989 Similarly worded form letters
Newsletters
65.Richard Schwartz
66.Todd Jersey
Forwards
67.Russbumper
URL’s
68.Russbumper (2)
Supplemental Communications and Reports 1
Item #13: Urging Police Accountability Board Regulations Completion
69.Supplemental agenda material submitted by Councilmember Brent Blackaby Supplemental Communications and Reports 2
None
Supplemental Communications and Reports 3
None
Monday, October 27, 2025 MINUTES Page 1
B E R K E L E Y C I T Y C O U N C I L
S P E C I A L M E E T I N G M I N U T E S
MONDAY, OCTOBER 27, 2025
3:00 P.M.
2180 MILVIA STREET, BERKELEY, CA 94704 – REDWOOD ROOM
TELECONFERENCE LOCATION – 1619 EDITH STREET, BERKELEY, CA 94703 TELECONFERENCE LOCATION – 522 SEWARD SQUARE SOUTHEAST, B, WASHINGTON, DC 20003
TELECONFERENCE LOCATION – 888 HOWARD ST, SAN FRANCISCO, CA 94103
ADENA ISHII, MAYOR
Councilmembers:
DISTRICT 1 – RASHI KESARWANI DISTRICT 5 – SHOSHANA O’KEEFE DISTRICT 2 – TERRY TAPLIN DISTRICT 6 – BRENT BLACKABY
DISTRICT 3 – BEN BARTLETT DISTRICT 7 – CECILIA LUNAPARRA DISTRICT 4 – IGOR TREGUB DISTRICT 8 – MARK HUMBERT
This meeting will be conducted in a hybrid model with both in-person and virtual attendance. Attend this meeting remotely using Zoom. To request to speak, use the “raise hand” function in Zoom. To join by phone: Dial 1-669- 254-5252 or 1-833-568-8864 (Toll Free) and enter Meeting ID: 160 283 5660. To provide public comment, Press *9 and wait to be recognized by the Chair. To submit a written communication for the public record, email [email protected].
This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953. Any member of the public may attend this meeting, however, if you are feeling sick, please do not attend the meeting in person.
The City Council may take action related to any subject listed on the Agenda.
Pursuant to the City Council Rules of Procedure and State Law, the presiding officer may remove, or cause the removal of, an individual for disrupting the meeting. Prior to removing an individual, the presiding officer shall warn the individual that their behavior is disrupting the meeting and that their failure to cease their behavior may result in their removal. The presiding officer may then remove the individual if they do not promptly cease their disruptive behavior. “Disrupting” means engaging in behavior during a meeting of a legislative body that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting and includes, but is not limited to, a failure to comply with reasonable and lawful regulations adopted by a legislative body, or engaging in behavior that constitutes use of force or a true threat of force.
Government Code Section 84308 (Levine Act) - Parties to a proceeding involving a license, permit, or other entitlement for use are required to disclose if they made contributions over $500 within the prior 12 months to any City employee or officer. Parties and participants with a financial interest are prohibited from making more than $500 in contributions to a decisionmaker for the 12 months after the final decision is rendered on the proceeding.
The above contribution disclosures and restrictions do not apply when the proceeding is competitively bid, or involves a personnel or labor contract. For more information, see Government Code Section 84308.
Attachment 2
Monday, October 27, 2025 MINUTES Page 2
Preliminary Matters
Roll Call: 3:05 p.m.
Present: Taplin, Tregub, O’Keefe, Blackaby, Lunaparra, Humbert, Ishii
Absent: Kesarwani, Bartlett
Councilmember Kesarwani present at 4:03 p.m.
Public Comment - Limited to items on this agenda only – 0 speakers CLOSED SESSION:
The City Council will convene in closed session to meet concerning the following:
1. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(2)
a. WCAB Matter –# ADJ17010867; Claim # BER2300039
b. WCAB Matter –# ADJ17114206; Claim # BER2300072
Action: No reportable action taken.
2. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(2)
a. WCAB Matter –# ADJ18337897; Claim # BER2400050
Action: No reportable action taken.
3. CONFERENCE WITH LEGAL COUNSEL—SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(2) (one case) Action: No reportable action taken.
4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTIONS 54956.8:
Property Address: 200 Marina Blvd., Berkeley CA
Agency Negotiators: Scott Ferris, Parks, Recreation & Waterfront; Christina Erickson, Parks, Recreation & Waterfront
Negotiating Parties: City of Berkeley and 200 Marina Blvd LLC (DoubleTree) Property Owner: City of Berkeley
Under Negotiation: Lease Price and Terms
Property Address: 199 Seawall Avenue, Berkeley CA Agency Negotiators: Scott Ferris, Parks, Recreation & Waterfront; Christina Erickson, Parks, Recreation & Waterfront
Negotiating Parties: City of Berkeley and TSA Holdings
Monday, October 27, 2025 MINUTES Page 3
Property Owner: City of Berkeley
Under Negotiation: Lease Price and Terms
Property Address: 124 University Ave, Berkeley, CA
Agency Negotiators: Scott Ferris, Parks, Recreation & Waterfront; Christina Erickson, Parks, Recreation & Waterfront
Negotiating Parties: City of Berkeley and the Regents of the University of California (Cal Adventures)
Property Owner: City of Berkeley
Under Negotiation: Lease Price and Terms
Property Address: 124 University Ave, Berkeley, CA
Agency Negotiators: Scott Ferris, Parks, Recreation & Waterfront; Christina Erickson, Parks, Recreation & Waterfront
Negotiating Parties: City of Berkeley and Cal Sailing Club Property Owner: City of Berkeley
Under Negotiation: Lease Price and Terms
Property Address: 125 University Ave, Berkeley, CA
Agency Negotiators: Scott Ferris, Parks, Recreation & Waterfront; Christina Erickson, Parks, Recreation & Waterfront
Negotiating Parties: City of Berkeley and International Child Resources Institute (ICRI) Property Owner: City of Berkeley
Under Negotiation: Lease Price and Terms
Property Address: 127 University Ave, Berkeley, CA
Agency Negotiators: Scott Ferris, Parks, Recreation & Waterfront; Christina Erickson, Parks, Recreation & Waterfront
Negotiating Parties: City of Berkeley and B2K Social Ventures LLC dba Third Plateau Property Owner: City of Berkeley
Under Negotiation: Lease Price and Terms
Property Address: 125 University Ave, Berkeley, CA
Agency Negotiators: Scott Ferris, Parks, Recreation & Waterfront; Christina Erickson, Parks, Recreation & Waterfront
Negotiating Parties: City of Berkeley and Patpatia & Associates, Inc.
Property Owner: City of Berkeley
Under Negotiation: Lease Price and Terms
Property Address: 225 University Ave, Berkeley, CA
Agency Negotiators: Scott Ferris, Parks, Recreation & Waterfront; Christina Erickson, Parks, Recreation & Waterfront
Negotiating Parties: City of Berkeley and Qasemi Abdul Moqim dba Berkeley Sportsman Center
Property Owner: City of Berkeley
Under Negotiation: Lease Price and Terms
Action: No reportable action taken.
OPEN SESSION:
Public Reports of actions taken pursuant to Government Code section 54957.1.
Monday, October 27, 2025 MINUTES Page 4
No reportable action taken.
Adjournment
Action: M/S/C (Taplin/Humbert) to adjourn the meeting.
Vote: Ayes – Kesarwani, Taplin, Tregub, O’Keefe, Blackaby, Lunaparra, Humbert, Ishii; Noes – None; Abstain – None; Absent – Bartlett.
Adjourned at 5:03 p.m.
I hereby certify that the foregoing is a true and correct record of the City Council closed session meeting held on October 27, 2025.
_______________________
Mark Numainville, City Clerk
Tuesday, October 28, 2025 MINUTES Page 1
M I N U T E S
S P E C I A L M E E T I N G O F T H E
B E R K E L E Y C I T Y C O U N C I L
Tuesday, October 28, 2025
4:00 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702 TELECONFERENCE LOCATION - 522 SEWARD SQUARE SOUTHEAST, B, WASHINGTON, DC 20003
ADENA ISHII, MAYOR
Councilmembers:
DISTRICT 1 – RASHI KESARWANI
DISTRICT 2 – TERRY TAPLIN
DISTRICT 3 – BEN BARTLETT
DISTRICT 4 – IGOR TREGUB
DISTRICT 5 – SHOSHANA O’KEEFE
DISTRICT 6 – BRENT BLACKABY
DISTRICT 7 – CECILIA LUNAPARRA
DISTRICT 8 – MARK HUMBERT
This meeting will be conducted in a hybrid model with both in-person and virtual attendance. Attend this meeting remotely using Zoom. To request to speak, use the “raise hand” function in Zoom. To join by phone: Dial 1-669- 254-5252 or 1-833-568-8864 (Toll Free) and enter Meeting ID: 160 045 1102. To provide public comment, Press *9 and wait to be recognized by the Chair. To submit a written communication for the public record, email [email protected].
Live captioned broadcasts of Council meetings are available on B-TV (Channel 33) and via internet video stream.
All Council meetings are recorded.
This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953. Any member of the public may attend this meeting, however, if you are feeling sick, please do not attend the meeting in person.
The City Council may take action related to any subject listed on the Agenda.
Pursuant to the City Council Rules of Procedure and State Law, the presiding officer may remove, or cause the removal of, an individual for disrupting the meeting. Prior to removing an individual, the presiding officer shall warn the individual that their behavior is disrupting the meeting and that their failure to cease their behavior may result in their removal. The presiding officer may then remove the individual if they do not promptly cease their disruptive behavior. “Disrupting” means engaging in behavior during a meeting of a legislative body that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting and includes, but is not limited to, a failure to comply with reasonable and lawful regulations adopted by a legislative body, or engaging in behavior that constitutes use of force or a true threat of force.
Government Code Section 84308 (Levine Act) - Parties to a proceeding involving a license, permit, or other entitlement for use are required to disclose if they made contributions over $500 within the prior 12 months to any City employee or officer. Parties and participants with a financial interest are prohibited from making more than $500 in contributions to a decisionmaker for the 12 months after the final decision is rendered on the proceeding.
The above contribution disclosures and restrictions do not apply when the proceeding is competitively bid, or involves a personnel or labor contract. For more information, see Government Code Section 84308.
Attachment 3
Tuesday, October 28, 2025 MINUTES Page 2
Preliminary Matters
Roll Call: 4:08 p.m.
Present: Kesarwani, Taplin, Bartlett, Tregub, O’Keefe, Lunaparra, Humbert, Ishii
Absent: Blackaby
Councilmember Blackaby present at 4:17 p.m.
Action Calendar – New Business
1. Ashby BART East Lot Transit Oriented Development Request for Proposal Framework
From: City Manager
Recommendation:
1. Review and provide feedback on the Request for Proposal (RFP) Framework and Draft Design Standards to inform a draft RFP for the Ashby BART East Lot Transit Oriented Development.
2. Adopt a Resolution authorizing the City Manager, or designee, to expend Housing Trust Fund dollars to acquire real property at the Ashby BART East Lot in accordance with the Exchange Agreement, authorized by Ordinance 7,939-N.S.
Fiscal Implications: See report
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5400 Action: 18 speakers. Presentation made and discussion held. M/S/C (Bartlett/Kesarwani) to adopt Resolution No. 71,984–N.S.
Vote: All Ayes.
Adjournment
Action: M/S/C (Blackaby/Humbert) to adjourn the meeting.
Vote: All Ayes.
Adjourned at 5:52 p.m.
I hereby certify that the foregoing is a true and correct record of the special meeting held on October 28, 2025
_________________________
Mark Numainville, City Clerk
Communications
None
Supplemental Communications and Reports 1
None
Tuesday, October 28, 2025 MINUTES Page 3
Supplemental Communications and Reports 2
None
Supplemental Communications and Reports 3
Action Calendar
Item #1: Ashby BART East Lot Transit Oriented Development Request for Proposal Framework
1. Presentation submitted by Department of Health, Housing, and Community Services
2. Presentation submitted by Center for Independent Living
3. Center for Independent Living
Tuesday, October 28, 2025 MINUTES Page 1
MINUTES
BERKELEY CITY COUNCIL MEETING
Tuesday, October 28, 2025
6:00 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702 TELECONFERENCE LOCATION - 522 SEWARD SQUARE SOUTHEAST, B, WASHINGTON, DC 20003
ADENA ISHII, MAYOR
Councilmembers:
DISTRICT 1 – RASHI KESARWANI
DISTRICT 2 – TERRY TAPLIN
DISTRICT 3 – BEN BARTLETT
DISTRICT 4 – IGOR TREGUB
DISTRICT 5 – SHOSHANA O’KEEFE
DISTRICT 6 – BRENT BLACKABY
DISTRICT 7 – CECILIA LUNAPARRA
DISTRICT 8 – MARK HUMBERT
This meeting will be conducted in a hybrid model with both in-person and virtual attendance. Attend this meeting remotely using Zoom. To request to speak, use the “raise hand” function in Zoom. To join by phone: Dial 1-669- 254-5252 or 1-833-568-8864 (Toll Free) and enter Meeting ID: 160 045 1102. To provide public comment, Press *9 and wait to be recognized by the Chair. To submit a written communication for the public record, email [email protected].
Live captioned broadcasts of Council meetings are available on B-TV (Channel 33) and via internet video stream.
All Council meetings are recorded.
This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953. Any member of the public may attend this meeting, however, if you are feeling sick, please do not attend the meeting in person.
The City Council may take action related to any subject listed on the Agenda.
Pursuant to the City Council Rules of Procedure and State Law, the presiding officer may remove, or cause the removal of, an individual for disrupting the meeting. Prior to removing an individual, the presiding officer shall warn the individual that their behavior is disrupting the meeting and that their failure to cease their behavior may result in their removal. The presiding officer may then remove the individual if they do not promptly cease their disruptive behavior. “Disrupting” means engaging in behavior during a meeting of a legislative body that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting and includes, but is not limited to, a failure to comply with reasonable and lawful regulations adopted by a legislative body, or engaging in behavior that constitutes use of force or a true threat of force.
Government Code Section 84308 (Levine Act) - Parties to a proceeding involving a license, permit, or other entitlement for use are required to disclose if they made contributions over $500 within the prior 12 months to any City employee or officer. Parties and participants with a financial interest are prohibited from making more than $500 in contributions to a decisionmaker for the 12 months after the final decision is rendered on the proceeding.
The above contribution disclosures and restrictions do not apply when the proceeding is competitively bid, or involves a personnel or labor contract. For more information, see Government Code Section 84308.
Attachment 4
Tuesday, October 28, 2025 MINUTES Page 2
Preliminary Matters
Roll Call: 6:27 p.m.
Present: Kesarwani, Taplin, Bartlett, Tregub, O’Keefe, Blackaby, Lunaparra, Humbert, Ishii
Absent: None
Land Acknowledgement Statement: The City of Berkeley recognizes that the community we live in was built on the territory of xučyun (Huchiun (Hooch-yoon)), the ancestral and unceded land of the Chochenyo (Cho-chen-yo)-speaking Ohlone (Oh-low-nee) people, the ancestors and descendants of the sovereign Verona Band of Alameda County. This land was and continues to be of great importance to all of the Ohlone Tribes and descendants of the Verona Band. As we begin our meeting tonight, we acknowledge and honor the original inhabitants of Berkeley, the documented 5,000-year history of a vibrant community at the West Berkeley Shellmound, and the Ohlone people who continue to reside in the East Bay. We recognize that Berkeley’s residents have and continue to benefit from the use and occupation of this unceded stolen land since the City of Berkeley’s incorporation in 1878. As stewards of the laws regulating the City of Berkeley, it is not only vital that we recognize the history of this land, but also recognize that the Ohlone people are present members of Berkeley and other East Bay communities today. The City of Berkeley will continue to build relationships with the Lisjan Tribe and to create meaningful actions that uphold the intention of this land acknowledgement.
Ceremonial Matters:
1. Recognition of the Women’s Cancer Resource Center and Breast Cancer Awareness Month City Manager Comments:
Request by the City Manager to refer Item 27 on the Consent Calendar back to the City Manager for review and consideration of the Commission’s recommendation.
City Auditor Comments
The Auditor noted the progress by city departments on several audits.
Public Comment on Non-Agenda Matters: 10 speakers.
Action: M/S/C (Ishii/Taplin) to accept an urgency item from Mayor Ishii pursuant to Government Code Section 54954.2(b)(1) entitled Limiting the Use of City Property and Facilities for City Purposes.
Vote: All Ayes.
Consent Calendar
Public Comment on Consent Calendar and Information Items Only: 20 speakers.
Action: M/S/C (Kesarwani/Humbert) to adopt the Consent Calendar in one motion except as indicated.
Vote: All Ayes.
Consent Calendar
Tuesday, October 28, 2025 MINUTES Page 3
Urgent Item: Limiting the Use of City Property and Facilities for City Purposes From: Mayor Adena Ishii (Author), Councilmembers Kesarwani, Lunaparra and Bartlett
Recommendation: Direct the City Manager to identify City-owned and controlled properties, and to coordinate with the City Attorney to develop a policy or ordinance that would ensure City properties and facilities are only used for City purposes and those other purposes approved by the City Manager, or their designee.
Financial Implications: None
Contact: Adena Ishii, Mayor, (510) 981-7100
Action: Approved recommendation with the notation to correct “county-owned” to “city- owned” in the direction to staff.
1. Minutes for Approval
From: City Manager
Recommendation: Approve the minutes for the Council meetings of September 8, 2025 (closed), September 9, 2025 (regular), September 15, 2025 (closed), September 16, 2025 (special and regular), and September 29, 2025 (closed) and September 30, 2025 (special and regular).
Financial Implications: None
Contact: Mark Numainville, City Clerk, (510) 981-6900
Action: Approved the minutes as submitted.
2. Affirm Staff Preference for the Virginia Street Bikeway (Between Sacramento Street and Acton Street Next to the North Berkeley BART Station) From: City Manager
Recommendation: Adopt a Resolution implementing Option A for the approximately 200-foot segment of Virginia Street east of Acton Street next to the North Berkeley BART Station and directing the City Manager to work with BART to proceed with the Virginia Street Bikeway.
Financial Implications: See report
Contact: David White, City Manager's Office, (510) 981-7000 Action: Adopted Resolution No. 71,985–N.S.
3. Amending Berkeley Municipal Code Chapter 7.54 The Empty Homes Tax From: City Manager
Recommendation: Adopt first reading of an Ordinance amending Berkeley Municipal Code Chapter 7.54 The Empty Homes Tax to address issues that arose in the first annual billing and to simplify administration of the tax.
Financial Implications: See report
Contact: David White, City Manager's Office, (510) 981-7000 Action: Adopted the first reading of Ordinance No. 7,986–N.S. Second reading scheduled for November 18, 2025.
Consent Calendar
Tuesday, October 28, 2025 MINUTES Page 4
4. Letter to Alameda County Board of Supervisors re: Opportunities to Collaborate with Alameda County on Homelessness Programs Outside of Berkeley
From: City Manager
Recommendation: Direct the City Manager to send a letter from the City Council to the Alameda County Board of Supervisors regarding opportunities to partner on regional solutions to unsheltered homelessness.
Financial Implications: None
Contact: Peter Radu, City Manager's Office, (510) 981-7000 Action: Approved recommendation.
5. Contract: Dyson & Womack for a Public Art Program Strategic Plan From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any necessary amendments with Dyson & Womack Art Consulting for an amount not to exceed $110,000 for the development of a comprehensive Public Art Program Strategic Plan for the City of Berkeley. The contract term will be 18 months.
Financial Implications: $110,000 - Cultural Trust Fund
Contact: Eleanor Hollander, Economic Development, (510) 981-7530 Action: Adopted Resolution No. 71,986–N.S.
6. Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on October 28, 2025
From: City Manager
Recommendation: Approve the request for proposals or invitation for bids that will be, or are planned to be, issued upon final approval by the requesting department or division. All contracts over the City Manager’s threshold will be returned to Council for final approval.
Financial Implications: $20,234,783 - Various Funds
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Approved recommendation.
7. Contract: Patagonia Health Electronic Health Records System Implementation for Berkeley High School Health Center
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or designee to execute a contract and any amendments with Patagonia Health for implementation of an Electronic Health Record (EHR) system for the Berkeley High School Health Center in an amount not to exceed $260,000 for the period of November 1, 2025 through June 30, 2030.
Financial Implications: See report
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 71,987–N.S.
Consent Calendar
Tuesday, October 28, 2025 MINUTES Page 5
8. Contract: Alameda-Contra Costa County Transit District (AC Transit) for EasyPass Program 2026-2028
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an agreement and any amendments with the Alameda-Contra Costa County Transit District (AC Transit) for the continuation of an annual bus transit pass (EasyPass) program for City of Berkeley employees in an amount not to exceed $572,717.00 for a three-year period covering 2026, 2027 and 2028.
Financial Implications: See report
Contact: Janelle Rodrigues, Human Resources, (510) 981-6800 Action: Adopted Resolution No. 71,988–N.S.
9. Waiver of Sanctuary City Contracting Ordinance to Contract with Superion LLC for FUND$ Software Maintenance and Support
From: City Manager
Recommendation: Adopt a Resolution waiving the contract prohibition of Chapter
13.105, Sanctuary City Contracting, in order to continue contracting with Superion LLC (“Superion”) for software maintenance and support of the FUND$ system, which is critical to the City’s operations.
Financial Implications: None
Contact: Kevin Fong, Information Technology, (510) 981-6500 Action: Adopted Resolution No. 71,989–N.S. amended to include the clauses added below as the fifth and sixth whereas clauses and the second and third resolved clauses:
WHEREAS, for the purposes of this resolution, "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;
WHEREAS, it is the understanding of the City Council that Superion does not currently provide any Immigration Authority with Data Broker or Extreme Vetting services, as defined in Chapter 13.105;
BE IT FURTHER RESOLVED by the Council of the City of Berkeley that the City Manager is directed to include in the contract with Superion a provision requiring Superion to notify the City in the event that it enters into a contract with an Immigration Authority to provide Data Broker or Extreme Vetting services, as defined in Chapter 13.105.
BE IT FURTHER RESOLVED by the Council of the City of Berkeley that the City Manager is directed to contact Superion by December 31st of each year during the duration of the contract to request that they affirm, in writing, that the following statement is true: "At this present moment, Superion does not currently provide any Immigration Authority with Data Broker or Extreme Vetting services, as defined in Chapter 13.105," provided they have not previously notified the City that Superion has entered into a contract with an Immigration Authority to provide Data Broker or Extreme Vetting services.
Consent Calendar
Tuesday, October 28, 2025 MINUTES Page 6
10. Amendment to Ground Lease with East Bay Regional Park District at 400 Gilman Street (Tom Bates Regional Sports Complex)
From: City Manager
Recommendation: Adopt first reading of an Ordinance authorizing the City Manager to execute an amendment to the Ground Lease with East Bay Regional Park District for the Tom Bates Regional Sports Complex at 400 Gilman Street extending the term to December 31, 2053 and includes improvements to be constructed by the City.
Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted the first reading of Ordinance No. 7,987–N.S. Second reading scheduled for November 18, 2025.
11. Contract No. 32200098 Amendment: ERA Construction, Inc. for O & K Docks Electrical Upgrades Project
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32200098 with ERA Construction, Inc. for the O & K Docks Electrical Upgrades Project, increasing the amount by $666,600 for an amended total amount not to exceed $2,133,600.
Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 71,990–N.S.
12. Contracts: On-Call Waterfront Engineering, Design, Environmental Permitting, and Construction Administration Services for Capital Improvement Projects at the Berkeley Waterfront
From: City Manager
Recommendation: Adopt five Resolutions authorizing the City Manager to execute contracts and any amendments with the following firms for on-call waterfront engineering, design, environmental permitting and construction administration services for capital improvement projects at the Berkeley Waterfront, for contract periods of December 1, 2025 through November 30, 2028:
1. COWI North America, Inc., for an amount not to exceed $1,000,000.
2. Foth & Van Dyke and Associates, Inc., for an amount not to exceed $1,000,000.
3. GFT Infrastructure, Inc., for an amount not to exceed $1,000,000.
4. GHD Inc., for an amount not to exceed $1,000,000.
5. Moffatt & Nichol, for an amount not to exceed $1,000,000.
Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 71,991–N.S. (COWI), Resolution No. 71,992–N.S. (Foth), Resolution No. 71,993–N.S. (GFT), Resolution No. 71,994–N.S. (GHD), Resolution No. 71,995–N.S. (Moffatt).
Consent Calendar
Tuesday, October 28, 2025 MINUTES Page 7
13. Donation: Memorial Bench at Berkeley Marina in Memory of Dove Charlotte Lenz
From: City Manager
Recommendation: Adopt a Resolution accepting a cash donation in the amount of $3,400 for a memorial bench to be placed at the Berkeley Waterfront in memory of Dove Charlotte Lenz
Financial Implications: $3,400 - Donation
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 71,996–N.S.
14. Donation: Memorial Bench at Berkeley Rose in Memory of Lee and Dorothy Marsh
From: City Manager
Recommendation: Adopt a Resolution accepting a cash donation in the amount of $3,400 for a memorial bench to be placed at the Berkeley Rose Garden in memory of Lee and Dorothy Marsh.
Financial Implications: $3,400 - Donation
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 71,997–N.S.
15. Donation: Memorial Bench at King Park in Memory of Leon and Harriett Reiter From: City Manager
Recommendation: Adopt a Resolution accepting a cash donation in the amount of $3,400 for a memorial bench to be placed at King Park in memory of Leon and Harriett Reiter.
Financial Implications: $3,400 - Donation
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 71,998–N.S.
16. Grant Application: Caltrans Clean CA Program – Community Cleanup and Employment Pathway (CCEP)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or his designee to submit a grant application to the Clean CA Community Cleanup and Employment Pathway (CCEP) Grant Program; accept any grants; execute any resulting grant agreements and any amendments; and that Council authorize the implementation of the project and appropriation of funding for related expenses, subject to securing the grant; and authorize the Mayor to sign the Clean California Pledge.
Financial Implications: $200,000 in revenue.
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 71,999–N.S.
Consent Calendar
Tuesday, October 28, 2025 MINUTES Page 8
17. Adoption of Berkeley Building Codes, Including Local Amendments to California Building Standards Code
From: City Manager
Recommendation:
1. Adopt first reading of an Ordinance repealing and reenacting the Berkeley Building, Residential, Electrical, Mechanical, Plumbing, Energy, and Green Building Standards Codes in BMC Chapters 19.28, 19.29, 19.30, 19.32, 19.34, 19.36 and
19.37, and adopting related procedural and stricter provisions; schedule a Public Hearing, pursuant to state law, for the second reading on November 18, 2025; and
2. Adopt a Resolution setting forth findings of local conditions that justify more stringent regulations than those provided by the 2025 California Building Standards Code, and rescinding Resolution No. 71,320–N.S.
Financial Implications: See report
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: 1. Adopted the first reading of Ordinance No. 7,988–N.S. Second reading scheduled for November 18, 2025. 2. Adopted Resolution No. 72,000–N.S.
18. Authorization to Encrypt Berkeley Police Department Primary Radio Channels From: City Manager
Recommendation: Adopt a Resolution rescinding the City Council’s existing policy (established in September of 2021) that limits the Police Department’s use of encrypted public safety radio transmissions to Special Response Team operations, special patrol and investigative operations, prolonged critical incidents, execution of search warrants, or transmissions of Criminal Justice Information (CJI) and Personally Identifiable Information (PII) pursuant to California Department of Justice (DOJ) Bulletin 20-09-CJIS and authorize the encryption of all primary Berkeley Police Department (BPD) radio channels.
Financial Implications: See report
Contact: Jennifer Louis, Police, (510) 981-5900
Action: Moved to Action Calendar. 31 speakers. M/S/C (Taplin/Humbert) to adopt Resolution No. 72,001–N.S. as revised in Supplemental Communications Packet #2 to add two clauses as follows:
WHEREAS, at the direction of the City Manager, the Berkeley Police Department will provide a Call Log on the BPD Transparency Hub, updated frequently throughout the day, to maintain timely public visibility into calls for service and bridge the gap between when calls occur and when the existing publicly shared Calls for Service dataset is refreshed; and WHEREAS, this Call Log will include the general type of call, the nearest intersection or block level address of the call for service, and the time that the call was received, with a brief delay to protect privacy and operational safety, reinforcing the City’s ongoing commitment to transparency and public access to information.
Vote: Ayes – Kesarwani, Taplin, Bartlett, Tregub, O’Keefe, Blackaby, Humbert, Ishii; Noes – Lunaparra.
Consent Calendar
Tuesday, October 28, 2025 MINUTES Page 9
19. Revenue Grant: California Office of Traffic Safety (OTS) for the 2025-2026 Selective Traffic Enforcement Program (STEP) Grant
From: City Manager
Recommendation: Adopt a Resolution authorizing the Chief of Police to accept the "Selective Traffic Enforcement Program (STEP)" grant and enter into the resultant grant agreement and any amendments, with the California Office of Traffic Safety.
This OTS grant is for $240,000 for the period of October 1, 2025 through September 30, 2026, which is Federal Fiscal Year 2026.
Financial Implications: See report
Contact: Jennifer Louis, Police, (510) 981-5900
Action: Adopted Resolution No. 72,002–N.S.
20. Revenue Grant: Cannabis Tax Fund Grant Program (CTFGP) Acceptance From: City Manager
Recommendation: Adopt a Resolution authorizing the Chief of Police to accept the CTFGP grant and enter into the resultant grant agreement and any amendments, with the California Highway Patrol. This grant is for $101,783.28 for the period of July 1, 2025 through June 30, 2026.
Financial Implications: See report
Contact: Jennifer Louis, Police, (510) 981-5900
Action: Adopted Resolution No. 72,003–N.S.
21. Revenue Grant: Fiscal Years 2025/2026 Alcoholic Beverage Control (ABC) Alcohol Policing Partnership (APP) Grant
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a grant contract and any subsequent amendments, with the Alcoholic Beverage Control (ABC) in the amount of $75,012 for Fiscal Year 2025/2026.
Financial Implications: See report
Contact: Jennifer Louis, Police, (510) 981-5900
Action: Adopted Resolution No. 72,004–N.S.
22. Contract No. 32300085 Amendment: Abbe & Associates, Integrated Zero Waste Management Strategic Plan
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 32300085 with Abbe & Associates, to support completion of the Integrated Zero Waste Management Strategic Plan by increasing the contract by $221,400 resulting in a total contract amount not to exceed $721,400 and extending the term through October 31, 2027.
Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300
Action: Adopted Resolution No. 72,005–N.S.
Consent Calendar
Tuesday, October 28, 2025 MINUTES Page 10
23. Contract No: 32300115 Amendment: On-Call Arborist Services, HortScience Bartlett Consulting
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32300115 with HortScience Bartlett Consulting for on- call arborist services, increasing the contract amount by $270,000 for a total not to exceed amount of $395,000 and extending the term of the contract from December 31, 2025, to February 9, 2028.
Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300
Action: Adopted Resolution No. 72,006–N.S.
24. Contract for Construction (Bauman Landscape and Construction, Inc.) and Contract No. 32300026: Amendment for Engineering Services (Diablo Engineering Group) for the Ohlone Greenway Modernization and Safety Project From: City Manager
Recommendation: Adopt a Resolution:
1. Approving plans and specifications for the Ohlone Greenway Modernization and Safety Project, Specification No. 26-11748-C;
2. Accepting the bid of Bauman Landscape and Construction, Inc., the lowest responsive and responsible bidder;
3. Authorizing the City Manager to execute a contract with Bauman Landscape and Construction, Inc. and any amendments, extensions, and/or change orders until completion of the Project in accordance with the approved plans and specifications, in an amount not to exceed $3,782,000, which includes a 10% contingency for unforeseen circumstances; and
4. Authorizing the City Manager to execute a contract amendment with Diablo Engineering Group to provide engineering services during the construction phase of the Project, increasing the contract amount by $100,000 for a total not-to-exceed amount of $650,000.
Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300
Action: Adopted Resolution No. 72,007–N.S.
25. Contracts: Interface Engineering, Inc. and Salas O’Brien Engineers, Inc. for On- Call Electrical Engineering Services
From: City Manager
Recommendation: Adopt two Resolutions authorizing the City Manager to execute contracts and any amendments with the following firms for on-call electrical engineering services for capital improvement projects, each for a period of November 1, 2025, through June 30, 2028:
1. Interface Engineering, Inc., for an amount not to exceed $150,000.
2. Salas O’Brien Engineers, Inc., for an amount not to exceed $150,000.
Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300
Action: Adopted Resolution No. 72,008–N.S. (Interface Engineering), and Resolution No. 72,009–N.S. (Salas O’Brien Engineers).
Consent Calendar
Tuesday, October 28, 2025 MINUTES Page 11
26. Final Map of Tract 8651: 2403-2407 San Pablo Avenue From: City Manager
Recommendation: Adopt a Resolution approving the final map of Tract Map 8651 for a 37-unit condominium project consisting of 36 residential units and 1 commercial unit at 2403-2407 San Pablo Avenue.
Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300
Action: Adopted Resolution No. 72,010–N.S.
27. Referral Request to Rescind Incorrect Information Related to Turtle Island Monument
From: Civic Arts Commission
Recommendation: Refer to City Manager to draft a Resolution to send to Council for adoption that would correct the historical record found in three Council Resolutions. In the first of these resolutions issued in 2003 the City conducted a procurement process utilizing an artwork title “Turtle Island Monument” (an artwork concept originally created by Lee Sprague and Marlene Watson in the 1990s and recast as a new project by the City) resulting in another artist being contracted in 2006 to unwittingly create artwork for the City using this same title. The 2023 Resolution, related to an aspect of an attempted collaborative redesign of Turtle Island Monument involving the original artists, does not have an executed contract and should be rescinded. Those three resolutions are: 2005 Contract Authorization for Scott Parsons, 2006 Contract Amendment Authorization for Scott Parsons, 2023 Contract Authorization for Scott Parsons.
Financial Implications: None
Contact: Jennifer Lovvorn, Commission Secretary, (510) 981-7530 Action: Item 27 was referred to the City Manager for consideration of the Commission’s recommendation and to report back to Council.
Consent Calendar
Tuesday, October 28, 2025 MINUTES Page 12
28. Remove Pre-Transfer Eligibility Restriction of the Transfer Tax Rebate for Wildfire Hardening (Reviewed by the Budget & Finance Policy Committee) (Item Contains Supplemental Material)
From: Disaster and Fire Safety Commission
Recommendation: Adopt first reading of an ordinance removing the 1-year pre- transfer eligibility restriction of the transfer tax rebate for wildfire hardening from BMC
7.52.060, to encourage early mitigation efforts.
Policy Committee Recommendation: To send the item to Council with a Qualified Positive Recommendation to request that staff submit an amended ordinance with the item that includes the following: 5-year/1-year eligibility timeline; limit eligibility to High and Very High Fire Hazard Severity Zones; clarify eligible vegetation as proposed by staff; include other minor language clean up proposed by staff. Also, include analysis and options for an eligibility cap based on home value.
Financial Implications: See report
Contact: Keith May, Commission Secretary, (510) 981-3473 Action: Moved to Action Calendar. 3 speakers. M/S/C (Ishii/Taplin) to adopt the first reading of Ordinance No. 7,989–N.S. as recommended by the Budget & Finance Committee, amended to include removal of mature woody brush and shrubs and to add new language in paragraph L.1. in the last sentence, in the last clause, to read, “…shall not exceed the maximum of one-third of the base 1.5% transfer tax paid per Property.” Second reading scheduled for November 18, 2025.
Vote: Ayes – Kesarwani, Taplin, Bartlett, Lunaparra, Ishii; Noes – Blackaby, Humbert; Abstain – O’Keefe.
Action: M/S/C (Taplin/Humbert) to extend the meeting to 11:45 p.m.
Vote: All Ayes.
29. Renewal of the Elmwood BID for Calendar Year 2026
From: Elmwood Advisory Board
Recommendation: Adopt a Resolution approving the Elmwood Business Improvement District Advisory Board’s (hereafter “Elmwood BID Advisory Board” or “the Advisory Board”) recommendation that Council 1) Approve the 2025 Annual Report and preliminary budget for proposed improvements in the District for calendar year 2026; 2) Declare its intent to levy an assessment to finance improvements in the District for calendar year 2026 and 3) Direct the City Clerk to schedule a public hearing on the renewal of the Elmwood BID for December 2, 2025.
Financial Implications: See report
Contact: Vincent McCoy, Commission Secretary, (510) 981-7530 Action: Adopted Resolution No. 72,011–N.S.
Consent Calendar
Tuesday, October 28, 2025 MINUTES Page 13
30. Renewal of the Solano Avenue BID for Calendar Year 2026 From: Solano Avenue BID Advisory Board
Recommendation: Adopt a Resolution approving the Solano Avenue Business Improvement District Advisory Board’s (hereafter “Solano BID Advisory Board” or “the Advisory Board”) recommendation that Council: 1) Approve the 2025 Annual Report and preliminary budget on proposed improvements in the District for calendar year 2026; 2) Declare its intent to levy an assessment to finance improvements in the District for calendar year 2026; and 3) Direct the City Clerk to schedule a public hearing on the renewal of the assessment for December 2, 2025.
Financial Implications: See report
Contact: Vincent McCoy, Commission Secretary, (510) 981-7530 Action: Adopted Resolution No. 72,012–N.S.
Council Consent Items
31. Russell Street Halloween Festivities: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds
From: Councilmember Humbert (Author)
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $1,000 per Councilmember including $1,000 from Councilmember Humbert to the Claremont Elmwood Neighborhood Association for Russell Street Halloween festivities with funds relinquished to the City’s General Fund for this purpose from the discretionary Council Office Budgets of Councilmember Humbert and any other Councilmembers who would like to contribute.
Financial Implications: See report
Contact: Mark Humbert, Councilmember, District 8, (510) 981-7180 Action: Adopted Resolution No. 72,013–N.S. revised to include contributions from the following Councilmembers up to the amounts listed: Councilmember Lunaparra - $200; Councilmember Blackaby - $250; Councilmember Bartlett - $200; Councilmember Kesarwani - $100; Councilmember Taplin - $250; Councilmember Tregub - $100; Councilmember O’Keefe - $250; Mayor Ishii - $250.
Action Calendar – Public Hearings
32. Amendments to Title 21 (Subdivisions) to Allow Separate Sale of ADUs From: City Manager
Recommendation: Conduct a public hearing, and upon conclusion, adopt the first reading of an Ordinance to amend Berkeley Municipal Code Title 21 (Subdivisions Ordinance) and Chapter 23.306 Accessory Dwelling Units to implement Assembly Bill (AB) 1033 by establishing local regulations for the separate sale of ADUs as condominiums.
Financial Implications: None
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: No action taken. Item to be scheduled for future meeting; date to be determined.
Action Calendar – New Business
Tuesday, October 28, 2025 MINUTES Page 14
33. Telegraph Multimodal Corridor Project Conceptual Design From: City Manager
Recommendation: Adopt a Resolution approving the recommended conceptual design (Concept 3B) of the Telegraph Ave Multimodal Corridor Project (Project) and authorizing the City Manager to proceed with the detailed engineering design of the project.
Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300
Action: M/S/C (Ishii/Lunaparra) to extend the meeting to 12:00 a.m.
Vote: All Ayes.
Action: M/S/C (Humbert/Taplin) to extend the meeting to 12:15 a.m.
Vote: All Ayes.
Action: 12 speakers. M/S/C (Lunaparra/Humbert) to adopt Resolution No. 72,014– N.S. approving Concept 3B, with the second resolved clause amended to read as follows:
BE IT FURTHER RESOLVED that the City Manager is authorized to direct staff to continue working with AC Transit to incorporate additional measures into the final design to: 1) improve transit speed and reliability on this major transit corridor with the goal of reducing transit travel time through the corridor compared to existing conditions; 2) create a possibility for Berkeley to eventually change course to replace parking with dedicated bus lanes; and 3) provide multiple designs that would close the Dwight Triangle slip lane.
Vote: Ayes – Kesarwani, Taplin, Bartlett, Tregub, Blackaby, Lunaparra, Humbert, Ishii; Noes – O’Keefe.
Information Reports
34. Inclusionary Housing Program Annual Report Fiscal Year 2025 From: City Manager
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5400 Action: Received and filed.
35. Audit Status Reports: Fleet Replacement Fund Short Millions and Rocky Road:
Berkeley Streets at Risk and Significantly Underfunded
From: City Manager
Contact: Terrance Davis, Public Works, (510) 981-6300
Action: Received and filed.
36. Audit Status Report: 2009 Leases Audit Follow-Up
From: City Manager
Contact: Terrance Davis, Public Works, (510) 981-6300
Action: Received and filed.
Information Reports
Tuesday, October 28, 2025 MINUTES Page 15
37. Civic Arts Commission FY26 Work Plan
From: Civic Arts Commission
Contact: Jennifer Lovvorn, Commission Secretary, (510) 981-7530 Action: Received and filed.
38. Fiscal Year 2026 Public Art Budget
From: Civic Arts Commission
Contact: Jennifer Lovvorn, Commission Secretary, (510) 981-7530 Action: Received and filed.
Public Comment – Items Not Listed on the Agenda - 1 speakers.
Adjournment
Action: M/S/C (Taplin/O’Keefe) to adjourn the meeting.
Vote: Ayes – Kesarwani, Taplin, Bartlett, Tregub, O’Keefe, Lunaparra, Humbert, Ishii; Noes – Blackaby.
Adjourned at 11:59 p.m.
I hereby certify that the foregoing is a true and correct record of the regular meeting held on October 28, 2025
_________________________
Mark Numainville, City Clerk
Communications
Traffic Safety
1. Matthew Lewis
2. Naveen Gattu
3. Rachel Bradley
Support for Councilmember Taplin’s Measures
4. John Waters
Our Owls
5. Martin Nicolaus
Café Concerns
6. Ed Iskander
Harrison and 6th Street
7. Craig Nagasawa
FLOCK Concerns
Tuesday, October 28, 2025 MINUTES Page 16
8. Anitra Grisales
9. Marisa Lin
10.Athalia Sachowitz
11.Evangel King
12.Margot Smith
Headlands on Campus
13.Mimi Hoang
Fire Sprinkler Permit
14.Kiran Kaja
Lithium Ion Battery Safety
15.Christopher La Combe
Motorized Vehicles on Sidewalks
16.Yolanda Huang
Social Housing
17.David Shere
Construction Noise and Dust Concern
18.Rajendra Sahai
Noise Concerns
19.Jen Loy
20.Whytes
Tent and RV Encampments
21.Daniel Jurnove
Representation for Animals
22.Cybersailor
East Dock Repair
23.Robert Ofsevit
People’s Park
24.Alan Jencks
Records Inquiry
25.Carol Denney
Getting to Concerts
26.Margot Smith
Tuesday, October 28, 2025 MINUTES Page 17
Oxford Elementary
27.Eric Friedman
Berkeley Filmmakers Awarded
28.Susan Ives and Alexis Harte
Letter
29.Kelly Elena MacDonald on behalf of Andrea Cluver
Kala Bagai Way
30.Monisha Bajaj & Sanjog Singh
LPC Meeting
31.Mark Hulbert
Cordonices Creek
32.Susan Schwartz (2)
33.Jodie Morgan
34.Cris Benton (2)
35.Peter Radu
36.Dorothea Dorenz
Elder Abuse Concerns
37.Carol Denney
IKE Kiosk Revenue
38.Nico Savidge
Elementary Reading Program
39.10 Similarly worded form letters
Forwards
40.Margot Smith
E-Scooters
41.Robert Borghese (6)
42.Devin Dollinger (7)
43.Igor Tregub
44.Bonnie Ciedel
Fairmont Hotel Wedding
45.Eid’s TV and Electronic
Newsletters
46.Berkeley Art Center
47.Downtown Berkeley Association
Tuesday, October 28, 2025 MINUTES Page 18
48.Crustyrusty
URL’s
49.Russbumper (2)
50.Mark Chekal
Supplemental Communications and Reports 1
Item #2: Affirm Staff Preference for the Virginia Street Bikeway (Between Sacramento Street and Acton Street Next to the North Berkeley BART Station)
51.Rachel Factor on behalf of BART
Item #3: Amending Berkeley Municipal Code Chapter 7.54 The Empty Homes Tax
52.Andrew Marowitz
Item #18: Authorization to Encrypt Berkeley Police Department Primary Radio Channels
53.Tim McGrath
54.Neil Egbert on behalf of the Berkeley Police Association Supplemental Communications and Reports 2
Urgency Item: Limiting the Use of City Property and Facilities for City Purposes
55.Urgency item submitted by Mayor Adena Ishii, Councilmember Rashi Kesarwani, Councilmember Lunaparra, and Councilmember Ben Bartlett Item #2: Affirm Staff Preference for the Virginia Street Bikeway (Between Sacramento Street and Acton Street Next to the North Berkeley BART Station)
56.Rebecca Gigi on behalf of Insight Housing
57.Liz Probst on behalf of East Bay Asian Local Development Corporation
58.Jeremiah Maller
59.Alec Flett
60.Ernie Theurer on behalf of BRIDGE Housing Corporation Item #4: Letter to Alameda County Board of Supervisors re: Opportunities to Collaborate with Alameda County on Homelessness Programs Outside of Berkeley
61.Gregory Kalkanis
Item #18: Authorization to Encrypt Berkeley Police Department Primary Radio Channels
62.Supplemental agenda material submitted by the Police Department
63.Eric Boulet and family
64.Craig Stahl
65.Roy West
66.Naveen Gattu on behalf of Walk Bike Berkeley
67.Arno Holschuh
Tuesday, October 28, 2025 MINUTES Page 19
Item #24: Contract for Construction (Bauman Landscape and Construction, Inc.) and Contract No. 32300026: Amendment for Engineering Services (Diablo Engineering Group) for the Ohlone Greenway Modernization and Safety Project
68.Ben Gerhardstein on behalf of Walk Bike Berkeley
69.Clifford Fred (2)
70.Carol Denney
Item #28: Remove Pre-Transfer Eligibility Restriction of the Transfer Tax Rebate for Wildfire Hardening
71.Supplemental agenda material submitted by Councilmember Brent Blackaby, Councilmember Mark Humbert, and Councilmember Rashi Kesarwani Item #32: Amendments to Title 21 (Subdivisions) to Allow Separate Sale of ADUs
72.Supplemental agenda material submitted by the Planning and Development Department
73.Supplemental agenda material submitted by Councilmember Mark Humbert, Mayor Ishii, Councilmember Brent Blackaby, and Councilmember Shoshana O’Keefe
74.Supplemental agenda material submitted by Councilmember Cecilia Lunaparra and Councilmember Ben Bartlett
75.Debbie Sanderson and Kathy Crandall
76.Claudia Kawczynska and Cameron Woo
77.Gregory Kalkanis
Item #33: Telegraph Multimodal Corridor Project Conceptual Design
78.Alex Knox
79.Ryan Lau on behalf AC Transit
Supplemental Communications and Reports 3
Urgent Item: Limiting the Use of City Property and Facilities for City Purposes
80.Jesse Arreguin
81.M.E. Lawrence
Consent Calendar
Item #2: Affirm Staff Preference for the Virginia Street Bikeway (Between Sacramento Street and Acton Street Next to the North Berkeley BART Station)
82.Helen Walsh
83.Libby Lee-Egan on behalf of North Berkeley Now!
84.Sarah Bell
85.Sara Fain
86.Megan Steves
Item #18: Authorization to Encrypt Berkeley Police Department Primary Radio Channels
87.Richard J. Jackson and Joan Guilford
88.Steven Schlansker
Tuesday, October 28, 2025 MINUTES Page 20
89.Jeffrey Heller
90.John J. Parman
91.Maryann OSullivan
92.Linda Franklin (3)
93.Richard Boubelik
94.Office of the Director of Police Accountability on behalf of the Police Accountability Board
95.Sylvia
96. Marilyn Simons
97.Ginny LaRoe, Annie Sciacca, and Laura Wenus
98.Paul Pedersen
99.Mara Mahmood
100. Janice Schroeder
Item #24: Contract for Construction (Bauman Landscape and Construction, Inc.) and Contract No. 32300026: Amendment for Engineering Services (Diablo Engineering Group) for the Ohlone Greenway Modernization and Safety Project 101. David White (2)
102. Unknown
Action Calendar
Item #32: Amendments to Title 21 (Subdivisions) to Allow Separate Sale of ADUs 103. Sam Greenberg on behalf of East Bay for Everyone
Item #33: Telegraph Multimodal Corridor Project Conceptual Design 104. Presentation submitted by Department of Public Works 105. Chuck Siegel on behalf of Walk Bike Berkeley
106. Cal Collier
107. Jacqueline DeSouza
108. Michael Katz
109. Peter Allen
110. Jds
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: Mark Numainville, City Clerk
Subject: Contract: General Code, LLC for Berkeley Municipal Code Publishing Services
RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute a contract with General Code, LLC, for online and printed code publishing services for the Berkeley Municipal Code from November 20, 2025 through November 19, 2030 for a total not to exceed amount of $75,000.
FISCAL IMPACTS OF RECOMMENDATION
The term of the contract with General Code, LLC for code publishing services will be five years, with $15,000 allocated per year for a total not to exceed amount of $75,000.
Funding for the contract is available in the City Clerk Department’s Fiscal Year 2026 General Fund. Allocations of funds for subsequent years will be subject to adoption of the Annual Appropriations Ordinance for that fiscal year.
CURRENT SITUATION AND ITS EFFECTS
General Code, LLC (General Code), provides the City with code publishing services for the City Charter and Berkeley Municipal Code (Code). These services include codification of ordinances into the existing Code, electronic publishing of the Charter and Code on the City’s website, internet services to support the electronic Code, and semi-annual full Code reprints. The Code and Charter are presently approximately 2,200 pages. The web platform for the online Code provides for responsive design to smartly fit the user’s screen size and is compatible with different devices. The web platform also includes enhanced settings to increase accessibility for individuals with disabilities, and allows the user to customize the appearance of the site, including fonts, colors, and how much text is displayed. The navigation and searchability of the Code allows for robust searching, saving, sharing, bookmarking, and printing, resulting in enhanced transparency and a user-friendly experience.
The existing contract expires on December 21, 2025 and this new contract with General Code will allow for continuation of code publishing services through November 19, 2030.
06
Contract: General Code, LLC for Berkeley Municipal Code CONSENT CALENDAR Publishing Services November 18, 2025
BACKGROUND
The City Clerk Department is responsible for the processing of ordinances adopted by the City Council, and ensuring the maintenance and updating of the Code and Charter.
In 2008, staff reviewed proposals for code publishing services, including the full conversion of the print and electronic Code. Code Publishing Company was selected and worked with staff to both convert the electronic code to an HTML format online that allowed users to search, read, and print information more easily, as well as manage the conversion and reformatting of the hardcopy Code book. The project also entailed on- going incorporation of adopted ordinances into the Code, including maps, diagrams, charts, and tables, as well as maintenance of a general alphabetical subject index. In 2021, General Code acquired Code Publishing Company, and General Code continues to provide code publishing services and fulfill all terms of the existing contract with the City of Berkeley.
In August 2025, the City released Request For Proposal (RFP) Specification No. 26- 11755 for code publishing services. City staff compiled a list of codification vendors, and sent each of them notice of the availability of the RFP. One response was received, and a panel of City staff performed a review of the submitted proposal.
General Code, LLC was selected based on their ability to meet the selection criteria, including technical ability to perform the service, expertise, references and customer service, and turnaround time of service provided.
ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
This contract ensures the continuation of maintenance and support of the electronic version of the Code on the City’s website. The electronic Code is updated as ordinances become effective, features robust search capabilities, and provides users with the option of viewing and printing the Code by title, chapter, or section. The electronic version of the Code has reduced printing requirements, as users are able to access the Code from electronic devices and selectively print on an as-needed basis.
RATIONALE FOR RECOMMENDATION
General Code has provided the City with a high level of customer service and competitive pricing. In addition, they provide highly detailed editing and proofreading services, management of complex Code organization, and offer modern online features including responsive design for mobile viewing, a customizable interface for improved accessibility for individuals with disabilities, and advanced searching and navigation tools for increased efficiency and transparency.
ALTERNATIVE ACTIONS CONSIDERED
The City Council could consider not approving this contract, however the City does not currently have in-house resources to update and maintain the Code in the same manner as a professional codifier. Maintaining the hardcopy and electronic Code requires a high level of technical and editorial expertise. Staff recommends a contract for this
Contract: General Code, LLC for Berkeley Municipal Code CONSENT CALENDAR Publishing Services November 18, 2025
specialized service, as it will allow for Code maintenance and updates in a timely and cost-effective manner.
CONTACT PERSON
Mark Numainville, City Clerk, (510) 981-6900
Attachments:
1: Resolution
RESOLUTION NO. ##,###-N.S.
CONTRACT: GENERAL CODE, LLC FOR BERKELEY MUNICIPAL CODE AND CITY
CHARTER PUBLISHING SERVICES
WHEREAS, the City Clerk Department is responsible for the processing of ordinances adopted by the City Council, and ensuring the maintenance and updating of the Berkeley Municipal Code and City Charter; and
WHEREAS, General Code, LLC, is the City’s current vendor for code publishing services, and continues to provide the City with a high level of customer service and competitive pricing; and
WHEREAS, the existing contract for code publishing services expires on December 21, 2025 and staff recommends a contract for this specialized service; and WHEREAS, in August 2025, the City released Request For Proposal Specification No. 26-11755 for code publishing services and a panel of City staff selected General Code, LLC based on their ability to best meet the selection criteria; and WHEREAS, funds in the amount of $75,000 are allocated in the General Fund budget for this contract.
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 General Code, LLC, for Berkeley Municipal Code and City Charter publishing services for the term of November 20, 2025 through November 19, 2030, for a total not to exceed amount of $75,000.
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: Carianna Arredondo, Assistant to the City Manager, Reimagining Public Safety
Subject: Contract with Options Recovery Services for Berkeley CareBridge Program and Appropriation for Administrative and Evaluation Support in the City Manager’s Office
RECOMMENDATION
Adopt a Resolution authorizing the City Manager to:
Execute a contract with Options Recovery Services for an amount not-to-exceed $7,510,842.00 to operate the Berkeley CareBridge post-arrest diversion and reentry program for three (3) years, and execute any amendments thereto (including scope, budget realignments, and time extensions) that remain within the grant award and City policies;
Appropriate $409,158.00 in funding for administrative and evaluation support within the City Manager’s Office for the Assistant to the City Manager position (temporary), equivalent to 0.5079 FTE over three years to support grant administration, program oversight, and evaluation requirements.
FISCAL IMPACTS OF RECOMMENDATION
On September 30, 2025, the City Council adopted Resolution No. 71,963–N.S authorizing the City of Berkeley to accept the $8,000,000.00 Proposition 47 Cohort 5 grant award from the Board of State and Community Corrections (BSCC). This is a no- match grant with no impact on the City’s General Fund.
This action appropriates funds consistent with the grant budget and authorizes execution of a service contract with Options Recovery Services.
07
Contract with Options Recovery Services for Berkeley CareBridge Program and Appropriation for Administrative and Evaluation Support CONSENT CALENDAR November 18, 2025
Funding will support the implementation of the Berkeley CareBridge Program for three (3) years. The Berkeley CareBridge Program is a post-arrest diversion and reentry initiative for individuals experiencing homelessness and behavioral health needs.
Planned grant allocations include:
Options Recovery Services Contract – Not to Exceed $7,510,842.00 Meals (Dorothy Day House): $500,000.00
Hotel Master Lease (30 rooms, 3 years): $4,002,750.00 Senior Director (0.15 FTE): $114,750.00
Program Director (0.5 FTE): $273,000.00
Program Coordinator (1.0 FTE): $390,000.00
Data Specialist (0.5 FTE): $225,000.00
Case Managers (2.0 FTE): $504,000.00
Peer Specialists (2.0 FTE): $504,000.00
Program Specialists/Navigators (2.0 FTE): $504,000.00 Database Services: $27,000.00
Tablets/Laptops (8 units): $3,200.00
Client Support & Hygiene: $76,000.00
Indirect Costs1: $387,142.00
Total: $7,510,842.00
Assistant to the City Manager (administration + evaluation duties):
0.5079 FTE × ($161,732 salary + $104,779 benefits) × 3 years Total: $409,158.00
Please note that city staff will return at a later date to allocate the grant balance ($80,000.00) for program evaluation.
The grant could be cancelled by BSCC during the grant period if insufficient funds are not available through the Proposition 47 grant program, which is funded by the annual transfer of savings generated by Proposition 47. On or before July 31 of each fiscal year, the California Department of Finance will calculate the State savings associated with Proposition 47, which will determine whether sufficient funds are available for funding Berkeley CareBridge during the three-year period.
Budget changes beyond June 30, 2026 will be included in subsequent year budgets, contingent on Council budget approval. Should future funding not be available through 1 Indirect Costs represent administrative and overhead expenses that support overall agency operations rather than specific program activities. Portions may include shared costs such as executive or administrative staff time — for example, the Chief of Operations or Executive Director — as well as fractions of facility, utility, or accounting infrastructure costs that enable delivery of the grant program.
Contract with Options Recovery Services for Berkeley CareBridge Program and Appropriation for Administrative and Evaluation Support CONSENT CALENDAR November 18, 2025
the BSCC grant, staff would either seek alternate funding to continue the program or dissolve the program due to insufficient resources.
CURRENT SITUATION AND ITS EFFECTS
The City submitted a competitive application on June 23, 2025, and was awarded $8,000,000 under Proposition 47 Cohort 5. Council formally accepted the award on September 30, 2025, (Resolution No. 71,963–N.S.). The grant term is October 1, 2025 – June 30, 2029, including a 3-month start-up and 6-month closeout/evaluation period.
Program operations are planned to begin January 1, 2026.
This item authorizes execution of a service contract with Options Recovery Services and appropriates staffing funds for administration and evaluation in the City Manager’s Office to implement Berkeley CareBridge. The program’s primary goal is to reduce recidivism by providing mental health and substance use support for justice-involved individuals. While most participants are anticipated to be unhoused, the program is also designed to serve individuals who are not experiencing homelessness but meet program criteria and would benefit from services.
Under the contract, Options Recovery Services will be responsible for:
Operating a 30-room, master-leased hotel for program participants. Maintaining 24/7 on-site staffing with Navigators and Peer Specialists, with supervisory staff on call.
Conducting intake, assessments, and individualized six-month care planning. Delivering case management, peer support, and recovery mentorship. Connecting participants to behavioral health care, substance use disorder treatment, and medication management.
Providing housing navigation for permanent placements, civil legal aid referrals, and employment readiness training.
Coordinating daily meal services.
Supplying hygiene kits and client support resources.
Submitting monthly data reports, quarterly narrative updates, and contributing to the City’s Local Evaluation Report.
The City of Berkeley has declared and extended a Shelter Crisis (Resolution No. 71,155-N.S.), authorizing expedited measures to provide shelter and services to unhoused residents.
Contract with Options Recovery Services for Berkeley CareBridge Program and Appropriation for Administrative and Evaluation Support CONSENT CALENDAR November 18, 2025
Options Recovery Services is uniquely positioned to launch the Berkeley CareBridge Program for the following reasons:
Local presence and capacity to secure and operate a 30-room, 40-bed master- leased hotel;
Experience delivering integrated services including housing operations, case management, behavioral health support, and peer mentorship; Existing partnerships with key providers such as Dorothy Day House; and Infrastructure to meet City and BSCC requirements as well as 24/7 staffing, incident reporting, monthly data submissions, and quarterly narrative reporting. Ongoing partnership with the City’s Health, Housing, and Community Services Department (Mental Health Division) through the Encampment-Based Mobile Wellness Center Project, funded by the Mental Health Services Act (MHSA), which deploys a mobile van to provide wellness services, outreach, and behavioral health support to unhoused residents, demonstrating the organization’s capacity to deliver coordinated, City-aligned behavioral health services in the field.
A competitive solicitation at this stage would delay implementation, jeopardize program compliance, and risk loss of grant funding. A sole source contract with Options Recovery Services is therefore warranted.
BACKGROUND
Proposition 47 reclassified certain non-violent offenses and established a grant program to support treatment-based alternatives to incarceration. The BSCC administers these funds to local governments implementing restorative, trauma-informed, and rehabilitative services for justice-involved individuals.
The Berkeley CareBridge Program was developed through a multi-departmental effort led by the City Manager’s Office, in collaboration with key departments including the Health, Housing, and Community Services Department and Police Department, service providers, and members of the Proposition 47 Local Advisory Committee (LAC). The program design aims to fill longstanding gaps in housing, treatment, and reentry support for justice-involved individuals experiencing homelessness and behavioral health needs.
ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no identifiable environmental effects, climate impacts, or sustainability opportunities associated with the subject of this report.
Contract with Options Recovery Services for Berkeley CareBridge Program and Appropriation for Administrative and Evaluation Support CONSENT CALENDAR November 18, 2025
RATIONALE FOR RECOMMENDATION
Approving execution of the contract and appropriating administrative and evaluation funding will enable the City to implement the Berkeley CareBridge Program in a timely and compliant manner. Options Recovery Services is uniquely qualified to provide these services because of its demonstrated capacity to operate transitional housing, deliver integrated behavioral health and reentry supports, and meet BSCC reporting and compliance standards. Through this partnership, the City will:
Launch a transitional housing and wraparound services program by January 1, 2026.
Provide trauma-informed, culturally responsive case management, treatment connections, and supportive services.
Ensure compliance with State funding requirements, including timely reporting and evaluation.
Advance the City’s Reimagining Public Safety goals by reducing reliance on the criminal justice system and addressing root causes of recidivism.
ALTERNATIVE ACTIONS CONSIDERED
None. Delay in approving this action would risk program implementation and jeopardize grant compliance.
CONTACT PERSON
Carianna Arredondo, Assistant to the City Manager, Reimagining Public Safety, 510- 981-6903
Jennifer Louis, Chief of Police, 510-981-5700
Scott Gilman, Director of Health, Housing, and Community Services, (510) 981-5400 Attachments:
1: Resolution
RESOLUTION NO. ##,###-N.S.
AUTHORIZING THE EXECUTION OF A CONTRACT WITH OPTIONS RECOVERY SERVICES IN AN AMOUNT NOT-TO-EXCEED $7,510,842 FOR THE BERKELEY
CAREBRIDGE POST-ARREST DIVERSION AND REENTRY PROGRAM, AND APPROPRIATING $409,158 FOR ADMINISTRATIVE AND EVALUATION SUPPORT WITHIN THE CITY MANAGER’S OFFICE
WHEREAS, on September 30, 2025, the City Council adopted Resolution No. No. 71,963–N.S authorizing the City of Berkeley to accept $8,000,000 in Proposition 47 Cohort 5 grant funding from the Board of State and Community Corrections (BSCC) to implement a post-arrest diversion and reentry program; and WHEREAS, the City of Berkeley developed the Berkeley CareBridge Program through a multi-departmental effort in collaboration with service providers and the Proposition 47 Local Advisory Committee, designed to fill longstanding gaps in housing, behavioral health, and reentry support for justice-involved individuals; and WHEREAS, Options Recovery Services (ORS) is uniquely qualified to implement the Berkeley CareBridge Program by the January 1, 2026 launch date due to its:
Capacity to secure and operate a 30-room master-leased hotel; Experience delivering integrated services, including housing operations, case management, behavioral health support, and peer mentorship; Established partnerships with providers such as Dorothy Day House; and Infrastructure to meet BSCC requirements for 24/7 staffing, incident reporting, and data and narrative reporting; and
WHEREAS, under the contract, ORS will be responsible for operating the transitional housing facility, conducting intake and individualized care planning, delivering case management, peer support, and behavioral health linkages, providing housing navigation and employment readiness support, coordinating daily meals, supplying hygiene and client support resources, and meeting BSCC and City evaluation requirements; and WHEREAS, the City Council finds that a competitive solicitation would significantly delay program implementation, jeopardize compliance with BSCC timelines, and risk loss of grant funding, and that a sole source contract with ORS is therefore warranted; and WHEREAS, grant funds also provide for administrative and evaluation support within the City Manager’s Office through the Assistant to the City Manager, Reimagining Public Safety, to ensure program oversight, compliance, and evaluation requirements are met.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager, or designee, is hereby authorized to:
1. Execute a contract and any amendments thereto with Options Recovery Services for an amount not-to-exceed $7,510,842.00 to operate the Berkeley CareBridge Program for three (3) years, provided that any amendments remain within the grant award and City policies; and
2. Appropriate $409,158.00 for administrative and evaluation support within the City Manager’s Office, equivalent to 0.5079 FTE over three years through the Assistant to the City Manager position, to oversee administration, program monitoring, and evaluation of the Berkeley CareBridge Program.
BE IT FURTHER RESOLVED that the City Manager is authorized to take any actions necessary to implement this Resolution, including execution of related agreements with the BSCC.
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 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: Maricar Dupaya, Budget Manager
Subject: Amendment: FY 2026 Annual Appropriations Ordinance
RECOMMENDATION
Adopt first reading of an Ordinance amending the FY 2026 Annual Appropriations Ordinance No. 7,977–N.S. for fiscal year 2026 based upon recommended re- appropriation of committed FY 2025 funding and other adjustments authorized since July 1, 2025.
FISCAL IMPACTS OF RECOMMENDATION
On June 24, 2025, the City Council adopted the FY 2026 Budget, authorizing gross appropriations of $829,213,359 and net appropriations of $687,764,462 (net of dual appropriations).
This first amendment to the Annual Appropriations Ordinance, if approved, would total $358,073,495 (gross), increasing the gross appropriations for all funds to $1,187,286,854 and represent the re-authorization of funding previously committed in FY 2025 and new expenditures added after the adoption of the FY 2026 Budget on June 24, 2025, including new grant fund appropriations.
Requested funding includes:
1. Encumbered contract obligations across all funds from FY 2025 and prior years, totaling $145,231,967.
2. Re-appropriated unencumbered FY 2025 funding of $93,327,606; and
3. Changes to fund appropriations, primarily due to receipt of new grants and use of available fund balances, in the amount of $119,513,923. However, this amount also includes $4,766,827 in new General Fund requests for FY 2026.
The new General Fund requests consist of allocation for increased insurance expenses, appropriately fund the City’s community agencies obligations, and support the Marina Fund balance.
08
Amendment: FY 2026 Annual Appropriations Ordinance CONSENT CALENDAR November 18, 2025
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 The proposed changes to the General Fund total $32,934,126, which include encumbrances of $22,721,191, unencumbered carryover requests of $5,446,108, and adjustments of $4,766,827. These amounts are subject to change based upon the City Manager’s recommendations and the recommendations of the Budget and Finance Policy Committee.
BACKGROUND
Purpose of Amendment
The Annual Appropriations Ordinance (AAO) establishes the expenditure limits by fund for FY 2026. Throughout the year, the City takes actions that amend the adopted budget.
These may include, but are not limited to, the acceptance of new grants, revisions to existing grants, adjustments to adopted expenditure authority due to emergency needs and other funding needs that occur after budget adoption, and transfers in accordance with Council’s fiscal policies.
The adopted budget is also amended annually to reflect the re-appropriation of prior year funds for contractual commitments (i.e. encumbrances) as well as unencumbered carryover of unexpended funds previously authorized for continuation of capital and other specific projects, Council referrals, and for one-time, non-recurring purposes. These budget modifications are periodically presented to the Council in the form of an Ordinance amending the Annual Appropriations Ordinance, which formally requires a two-thirds vote of the City Council.
When Council adopts an appropriations ordinance (budget), it is based on projected revenues and expenditures. If fund balances do not support the requested level of expenditures, no carryover or other adjustment is recommended.
FY 2025 Official Year-end closing is still pending. However, to assess the amount of funding that is available for carryover and adjustment requests, a preliminary Unassigned Fund Balance calculation, based on unaudited estimated actuals, will be presented at the November 6, 2025 Budget and Finance Policy Committee meeting.
Carryover Process
Departments were asked to submit information regarding the reasons for the unencumbered carryover requests to assist staff in determining which funds should be carried into FY 2026. In prior years, funds have been approved for carryover from one year to the next based on funding availability.
Types of Carryover
FY 2026 Encumbrance Rollovers, totaling $145,231,967, reflect contractual obligations which had not been paid as of June 30, 2025. Funding for these “encumbered” commitments is brought forward into the current fiscal year to provide for payment of these obligations.
Amendment: FY 2026 Annual Appropriations Ordinance CONSENT CALENDAR November 18, 2025
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 FY 2026 Unencumbered Carryover totals $93,327,606 and reflects the carryover of funding from FY 2025 appropriated by the City Council for specific purposes that had not been encumbered by year-end.
FY 2026 Other Adjustments total $119,513,923 and reflect adjustments required or approved since the budget adoption. Many of these adjustments are within non- discretionary funds and reflect the appropriation of grant funding and the use of available fund balance.
The proposed changes, presented in their entirety in Exhibit A, are summarized below:
This report will be discussed with the Budget & Finance Policy Committee at their meeting on November 6, 2025, and at their meeting on November 13, 2025, if necessary.
ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACT
There are no identifiable environmental effects or opportunities associated with the act of adopting the budget/appropriations ordinance/amendments. Actions included in the budget will be developed and implemented in a manner that is consistent with the City’s environmental sustainability goals and requirements.
RATIONALE FOR RECOMMENDATION
The recommendation allows the City to amend the FY 2026 Adopted Budget, re- appropriating funds from FY 2025 to FY 2026 for contractual commitments that need to be paid and revising the budget to reflect approved carryover requests in both discretionary and non-discretionary funds.
The recommendations in this report address unencumbered carryover requests and other adjustments across all funds, as outlined in Attachment 2. Staff has conducted a detailed analysis of the individual carryover requests submitted by departments and is presenting carryover recommendations for projects that are either currently under contract, represent Council priorities, and/or are considered critical to fund at this time.
CONTACT PERSON
Maricar Dupaya, Budget Manager, City Manager’s Office, 981-7000 Michelle Rosete, Senior Management Analyst, City Manager’s Office, 981-7000 Attachments:
1: Ordinance
Exhibit A: Annual Appropriation Ordinance Summary of Appropriations by Fund 2: FY 2025 Recommended Carryover and FY 2026 Recommended Adjustments (AAO#1)
Encumbered
Recommended
Unencumbered
Recommended
Other
Adjustments Total
General Fund (011) 22,721,191$ 5,446,108$ 4,766,827$ 32,934,126$ Capital Improvement Fund (501) 10,347,460$ 8,233,228$ -$ 18,580,688$ All Other Funds 112,163,316$ 79,648,270$ 114,747,096$ 306,558,682$ Total 145,231,967$ 93,327,606$ 119,513,923$ 358,073,495$
ORDINANCE NO. -N.S.
AMENDING THE ANNUAL APPROPRIATIONS ORDINANCE NO. 7,977–N.S. FOR FISCAL YEAR 2026
BE IT ORDAINED by the Council of the City of Berkeley as follows:
Section 1. That the Annual Appropriations Ordinance based on the budget for FY 2026 submitted by the City Manager and passed by the City Council be amended as follows and as summarized in Exhibit A:
A. General Fund (Funds 001-099) 366,085,676
B. Special Funds (Funds 100-199) 229,977,638
C. Grant Funds (Funds 300-399) 94,777,720
D. Capital Projects Funds (Funds 500-550) 149,185,643
E. Debt Service Fund (Funds 551-599) 15,010,855
F. Enterprise Funds (Funds 600-669) 227,443,826
G. Internal Service Funds (Funds 146, 670-699) 87,756,866 H. Trust Funds (Funds 701-759) 242,205
H. Successor Agency (Funds 760-769) 57,120
I. Agency Funds (Funds 771-799) 6,970,128
J. Other Funds (Funds 800-899) 9,779,177
K. Total
Total General Fund 366,085,676
Add: Total Other Than General Fund 821,201,178
Gross Revenue Appropriated 1,187,286,854
Less: Dual Appropriations -79,505,334
Less: Revolving/Internal Service Funds -79,142,085
Net Revenue Appropriated 1,028,639,435
Section 2. The City Manager is hereby permitted, without further authority from the City Council, to make the following transfers by giving written notice to the Director of Finance:
a. From the General Fund to the General Fund – Stability Reserve Fund; Catastrophic Reserve Fund; PERS Savings Fund; Health State Aid Realignment; Fair Election Fund; Capital Improvement Fund; Phone System Replacement; Equipment Replacement Fund; Public Liability Fund; Catastrophic Loss Fund; IT Cost Allocation Fund: Police Employee Retiree Health Assistance Plan; Safety Members Pension Fund; Marina Fund; Measure U1; and Sick Leave Entitlement Fund.
b. To the General Fund from the General Fund – Stability Reserves Fund; Catastrophic Reserves Fund; Community Development Block Grant Fund; Street Lighting Assessment District Fund; Zero Waste Fund; Marina Operations and Maintenance Fund; Sanitary Sewer Operation Fund; Clean Storm Water Fund; Permit Service Center Fund; Parking Meter Fund; Unified Program (CUPA); and Health State Aid Realignment Fund; Measure U1.
c. From GF-Payroll Deduction Trust Fund to Employee Training Fund; General Fund
d. To the First Source Fund from the Parks Tax Fund; Capital Improvement Fund; and the Marina Fund.
e. From Measure FF Fund to Paramedic Tax Fund.
f. From the American Rescue Plan Fund to the General Fund; Sports Field Fund; Playground Camp Fund; Marina Fund; Off-Street Parking Fund; and Parking Meter Fund.
g. From Capital Improvement Fund to PERS Savings Fund; Berkeley Repertory Theater Fund; and 2010 COP (Animal Shelter) Fund.
h. To the Public Art Fund from the Parks Tax Fund; Capital Improvement Fund; and the Marina Fund.
i. To CFD#1 District Fire Protection Bond (Measure Q) from Special Tax Bonds CFD#1 ML-ROOS.
j. To Private Sewer Lateral Fund from Sanitary Sewer Operation Fund. k. To Catastrophic Loss Fund from Permit Service Center Fund. l. To Catastrophic Loss Fund from Unified Program (CUPA) Fund. m. To the Building Purchases and Management Fund from General Fund; Health (General) Fund; Rental Housing Safety Program Fund; Measure B Local Streets
& Road Fund; Employee Training Fund; Zero Waste Fund; Sanitary Sewer Operation Fund; Clean Storm Water Fund; Permit Service Center Fund; Off Street Parking Fund; Parking Meter Fund; Unified Program (CUPA) Fund; Building Purchases & Management Fund; Building Maintenance Fund; Central Services Fund; and Health State Aide Realignment Trust Fund.
n. To Equipment Replacement Fund from General Fund; Mental Health Services Act Fund; Health (Short/Doyle) Fund; Vector Control Fund; Paramedic Tax Fund; Playground Camp Fund; State Transportation Tax Fund; Rental Housing Safety Program Fund; Parks Tax Fund; Street Light Assessment District Fund; Zero Waste Fund; Marina Operations/Maintenance Fund; Sanitary Sewer Operation Fund; Clean Storm Water Fund; Permit Service Center Fund; Parking Meter Fund; Equipment Maintenance Fund; Building Maintenance Fund; and Central Services Fund.
o. To the Equipment Maintenance Fund from General Fund; Health (General) Fund; Mental Health Services Act Fund; Health (Short/Doyle) Fund; Vector Control Fund; Paramedic Tax Fund; Library - Discretionary Fund; Playground Camp Fund; State Transportation Tax Fund; Rental Housing Safety Program Fund; Rent Stabilization Board Fund; Parks Ta Fund; Street Light Assessment District Fund; FEMA Fund; Zero Waste Fund; Marina Operations/Maintenance Fund; Sanitary Sewer Operation Fund; Clean Storm Water Fund; Permit Service Center Fund; Off Street Parking Fund; Parking Meter Fund; Equipment Maintenance Fund; Building Maintenance Fund; and Central Services Fund.
p. To the Building Maintenance Fund from the General Fund; Health (General) Fund; Health (Short/Doyle) Fund; Measure B Local Street & Road Fund; Parks Tax Fund; Street Light Assessment District Fund; Zero Waste Fund; Sanitary Sewer Operation Fund; Clean Storm Water Fund; Off Street Parking Fund; Parking Meter Fund; Equipment Maintenance Fund; Building Maintenance Fund; and Mental Health State Aid Realignment Fund.
q. To the Central Services Fund from the General Fund; First Source Fund; Health (Short/Doyle) Fund; Library-Discretionary Fund; Playground Camp Fund; Rent Stabilization Board Fund; Zero Waste Fund; Marina Operations/Maintenance Fund; Sanitary Sewer Operation; Building Purchases & Management Fund; Building Maintenance Fund; Central Services Fund; and Mental Health State Aid Realignment Fund.
r. To Information Technology Cost Allocation Plan Fund from General Fund; Target Case Management/Linkages Fund; Health (Short/Doyle); Library Fund; Playground Camp Fund; State Transportation Tax Fund; CDBG Fund; Rental Housing Safety Program; Rent Stabilization Board Fund; Parks Tax Fund; Street Light Assessment District Fund; Zero Waste Fund; Marina Operations/Maintenance Fund; Sanitary Sewer Operation; Clean Storm Water Fund; Permit Service Center Fund; Off Street Parking Fund; Parking Meter Fund;
Unified Program (CUPA) Fund; Equipment Maintenance Fund; Building Maintenance Fund; Information Technology Cost Allocation Plan Fund; Health State Aid Realignment Trust Fund; and Mental Health State Aid Realignment Fund.
s. To the Workers' Compensation Self-Insurance Fund from General Fund; Special Tax for Severely Disabled Measure E Fund; First Source Fund; HUD Fund; ESGP Fund; Health (General) Fund; Target Case Management/Linkages Fund; Mental Health Service Act Fund; Health (Short/Doyle) Fund; EPSDT Expansion Proposal Fund; Senior Nutrition (Title III) Fund; C.F.P. Title X Fund; Fund Raising Activities Fund; Berkeley Unified School District Grant; Vector Control Fund; Paramedic Tax Fund; Alameda County Grants Fund; Senior Supportive Social Services Fund; Family Care Support Program Fund; Domestic Violence Prevention – Vital Statistics Fund; Affordable Housing Mitigation; Inclusionary Housing Program; Library – Discretionary Fund; Playground Camp Fund; Community Action Program Fund; State Proposition 172 Public Safety Fund; State Transportation Tax Fund; CDBG Fund; Rental Housing Safety Program; Measure B Local State & Road Fund; Measure B Bike & Pedestrian Fund; Measure B – Paratransit Fund; Measure F Alameda County Vehicle Registration Fee Streets & Roads Fund; Measure BB – Paratransit Fund; Fair Election Fund; Measure U1 Fund; One-Time Grant: No Cap Expense Fund; Rent Stabilization Board Fund; Parks Tax Fund; Measure GG – Fire Prep Tax Fund; Street Lighting Assessment District Fund; Employee Training Fund; Private Percent – Art Fund; Measure T1 – Infrastructure & Facilities Fund; FUND$ Replacement Fund; Capital Improvement Fund; FEMA Fund; CFD #1 District Fire Protect Bond Fund; Special Tax Bonds CFD#1 ML-ROOS Fund; Shelter+Care HUD Fund; Shelter+Care County Fund; Zero Waste Fund; Marina Operations/Maintenance Fund; Sanitary Sewer Operation Fund; Clean Storm Water Fund; Private Sewer Lateral Fund; Permit Service Center Fund; Off-Street Parking Fund; Parking Meter Fund; Unified Program (CUPA) Fund; Building Purchases & Management Fund; Equipment Replacement Fund; Equipment Maintenance Fund; Building Maintenance Fund; Central Services Fund; Workers’ Compensation Fund; Public Liability Fund; Information Technology Cost Allocation Plan Fund; Health State Aid Realignment Trust Fund; Tobacco Control Trust Fund; Mental Health State Aid Realignment Fund; Alameda Abandoned Vehicle Abatement Authority; and Bio-Terrorism Grant Fund.
t. To the Sick Leave and Vacation Leave Accrual Fund from General Fund; Special Tax for Severely Disabled Measure E Fund; First Source Fund; HUD Fund; ESGP Fund; Health (General) Fund; Target Case Management/Linkages Fund; Mental Health Service Act Fund; Health (Short/Doyle) Fund; EPSDT Expansion Proposal Fund; Senior Nutrition (Title III) Fund; C.F.P. Title X Fund; Fund Raising Activities Fund; Berkeley Unified School District Grant; Vector Control Fund; Paramedic Tax Fund; Alameda County Grants Fund; Senior Supportive Social Services Fund; Family Care Support Program Fund; Domestic Violence Prevention – Vital Statistics Fund; Affordable Housing Mitigation; Inclusionary Housing Program; Library – Discretionary Fund; Playground Camp Fund; Community Action Program
Fund; State Proposition 172 Public Safety Fund; State Transportation Tax Fund; CDBG Fund; Rental Housing Safety Program; Measure B Local State & Road Fund; Measure B Bike & Pedestrian Fund; Measure B – Paratransit Fund; Measure F Alameda County Vehicle Registration Fee Streets & Roads Fund; Measure BB – Paratransit Fund; Fair Election Fund; Measure U1 Fund; One-Time Grant: No Cap Expense Fund; Rent Stabilization Board Fund; Parks Tax Fund; Measure GG – Fire Prep Tax Fund; Street Lighting Assessment District Fund; Employee Training Fund; Private Percent – Art Fund; Measure T1 – Infrastructure & Facilities Fund; FUND$ Replacement Fund; Capital Improvement Fund; FEMA Fund; CFD #1 District Fire Protect Bond Fund; Special Tax Bonds CFD#1 ML-ROOS Fund; Shelter+Care HUD Fund; Shelter+Care County Fund; Zero Waste Fund; Marina Operations/Maintenance Fund; Sanitary Sewer Operation Fund; Clean Storm Water Fund; Private Sewer Lateral Fund; Permit Service Center Fund; Off-Street Parking Fund; Parking Meter Fund; Unified Program (CUPA) Fund; Building Purchases & Management Fund; Equipment Replacement Fund; Equipment Maintenance Fund; Building Maintenance Fund; Central Services Fund; Workers’ Compensation Fund; Public Liability Fund; Information Technology Cost Allocation Plan Fund; Health State Aid Realignment Trust Fund; Tobacco Control Trust Fund; Mental Health State Aid Realignment Fund; Alameda Abandoned Vehicle Abatement Authority; and Bio-Terrorism Grant Fund.
u. To the Payroll Deduction Trust Fund from General Fund; Special Tax for Severely Disabled Measure E Fund; First Source Fund; HUD Fund; ESGP Fund; Health (General) Fund; Target Case Management/Linkages Fund; Mental Health Service Act Fund; Health (Short/Doyle) Fund; EPSDT Expansion Proposal Fund; Senior Nutrition (Title III) Fund; C.F.P. Title X Fund; Fund Raising Activities Fund; Berkeley Unified School District Grant; Vector Control Fund; Paramedic Tax Fund; Alameda County Grants Fund; Senior Supportive Social Services Fund; Family Care Support Program Fund; Domestic Violence Prevention – Vital Statistics Fund; Affordable Housing Mitigation; Inclusionary Housing Program; Library – Discretionary Fund; Playground Camp Fund; Community Action Program Fund; State Proposition 172 Public Safety Fund; State Transportation Tax Fund; CDBG Fund; Rental Housing Safety Program; Measure B Local State & Road Fund; Measure B Bike & Pedestrian Fund; Measure B – Paratransit Fund; Measure F Alameda County Vehicle Registration Fee Streets & Roads Fund; Measure BB – Paratransit Fund; Fair Election Fund; Measure U1 Fund; One-Time Grant: No Cap Expense Fund; Rent Stabilization Board Fund; Parks Tax Fund; Measure GG – Fire Prep Tax Fund; Street Lighting Assessment District Fund; Employee Training Fund; Private Percent – Art Fund; Measure T1 – Infrastructure & Facilities Fund; FUND$ Replacement Fund; Capital Improvement Fund; FEMA Fund; CFD #1 District Fire Protect Bond Fund; Special Tax Bonds CFD#1 ML-ROOS Fund; Shelter+Care HUD Fund; Shelter+Care County Fund; Zero Waste Fund; Marina Operations/Maintenance Fund; Sanitary Sewer Operation Fund; Clean Storm Water Fund; Private Sewer Lateral Fund; Permit Service Center Fund; Off-Street Parking Fund; Parking Meter Fund; Unified Program (CUPA) Fund; Building Purchases & Management Fund; Equipment Replacement Fund; Equipment
Maintenance Fund; Building Maintenance Fund; Central Services Fund; Workers’ Compensation Fund; Public Liability Fund; Information Technology Cost Allocation Plan Fund; Health State Aid Realignment Trust Fund; Tobacco Control Trust Fund; Mental Health State Aid Realignment Fund; Alameda Abandoned Vehicle Abatement Authority; and Bio-Terrorism Grant Fund; PERS Savings; Sick Leave Entitlement.
Section 3. Copies of this Ordinance shall be posted for two days prior to adoption in the display case located near the walkway in front of Council Chambers, 2134 Martin Luther King Jr. Way. Within 15 days of adoption, copies of this Ordinance shall be filed at each branch of the Berkeley Public Library, and the title shall be published in a newspaper of general circulation.
Attachment for Annual Appropriations Ordinance - Fiscal Year 2026
REVOLVING FUNDS/INTERNAL SERVICE FUNDS
Appropriations are identified with revolving and internal service funds. Such funds derive revenue by virtue of payment from other fund sources as benefits are received by such funds, and the total is reflected in the "Less Revolving Funds and Internal Service Funds" in item I. The funds are:
FY 2026
AAO #1
Revolving/Internal Service Funds
Employee Training Fund 828,500
Equipment Replacement Fund 14,690,694
Equipment Maintenance Fund 12,602,639
Building Maintenance Fund 6,017,798
Central Services Fund 411,905
Workers' Compensation Fund 11,863,212
Public Liability Fund 4,893,202
27,834,137
Subtotal Revolving/Internal Service Funds 79,142,085$
Dual Appropriations
Transfers to the General Fund
Indirect Cost Reimbursement
CDBG Fund 176,194
Street Light Assessment District Fund 115,708
One-Time Grant: No Cap Exp 78,545
Zero Waste Fund 2,658,265
Marina Enterprise Fund 452,819
Sanitary Sewer Fund 1,099,804
Clean Storm Water Fund 178,513
Permit Service Center Fund 2,187,182
Unified Program (CUPA) Fund 89,070
Subtotal Transfers to General Fund: 7,036,100$
Information Technology Fund
Transfer to Safety Members Pension Fund from General Fund 551,804 6,500,000
Transfer to Health State Aid Realignment from General Fund 1,953,018 Transfer to Fair Election Fund from General Fund 612,210 Transfer to Capital Improvement Fund (CIP) from General Fund 13,730,788 Transfer to Marina Fund from General Fund 1,409,886
Transfer to Equipment Replacement Fund from General Fund 1,759,380 Transfer to Public Liability Fund from General Fund 3,446,161 Transfer to Catastrophic Loss Fund from General Fund 8,216,345 Transfer to IT Cost Allocation Fund from General Fund 71,335 400,136
Transfer to Sick Leave Entitlement Fund from General Fund 201,501 750,000
6,000,000
2,500,000
6,000,000
Transfer to General Fund from Health State Aid Realignment Fund 2,643,280 757,925
499,802
Transfer from CIP Fund to 2010 COP (Animal Shelter) Fund 402,613 Transfer to Equipment Replacement Fund from Capital Improvement Fund (CIP) 678,030 90,501
50,555
5,082
Transfer to General Fund from Parking Meter Fund 1,042,288 Transfer to General Fund from Workers Compensation Fund 5,187,019 Transfer to General Fund from IT Cost Allocation Fund 6,466,414 273,854
Transfer to First Source Fund from Parks Tax Fund 26,925 Transfer to First Source Fund from Capital Improvement Fund 26,925 Transfer to First Source Fund from Marina Fund 2,175
Transfer to Public Art Fund from Parks Tax Fund 68,119
Transfer to Public Art Fund from Capital Improvement Fund 141,357 Transfer to Public Art Fund from Marina Fund 3,806
Subtotal Transfers to Other Funds: 72,469,234
Sub-Total Dual Appropriations 79,505,334$
Grand Total Dual Appropriations 158,647,419$
Transfer to GF Payroll Deduction Trust Fund from Sick Leave Entitlement Fund Transfer to Police Employee Retiree Health Assistance Plan from General Fund Transfer to Catastrophic Loss Fund from Permit Service Center Fund Transfer to Catastrophic Loss Fund from Unified Program (CUPA) Fund Transfer to Private Sewer Lateral Fund from Sewer Fund
Transfer to Berkeley Repertory Theater Debt Service Fund from CIP Fund Transfer to Measure U1 Fund from General Fund
Transfer to Paramedic Tax Fund from Measure FF - Public Safety Fund Transfer to Employee Training Fund from GF Payroll Deduction Trust Fund Transfer to General Fund from GF Payroll Deduction Trust Fund Transfer to General Fund from Measure U1 Fund
Transfer to GF Payroll Deduction Trust Fund from PERS Fund
EXHIBIT A
Encumbered Unencum. Ot her Total FY 2026
ERMA
Fund # Fund FY 2026
Adopted
Rollovers Carryovers Adjustments Amend. Revised #1
11 General Fund Discretionary 311,435,259 22,721,191 5,446,108 4,766,827 32, 934,126 344,369,385 13 GF - Payroll Deduction Trust 6,750,000 - - 6,750,000 16 Measure U1 - Housing 13,511,284 1,286,711 100,721 - 1,387,433 14,898,717 17 Climate Equity Action - 52,574 - 15,000 67,574 67,574 101 Library - Tax 29,382,885 508,659 508,659 29,891,544 102 Library - Trans Based 4,000,000 708,623 708, 623 4,708,623 103 Library - Grants 99,884 - - 99,884 104 Library - Friends & Gift 222,150 3,623 3,623 225,773 105 Library - Foundation 200,000 4,103 4,103 204,103 106 Asset Forefeiture 61,000 - - 61,000 107 Special Tax Measure E 1,882,839 - - 1,882,839 108 Workforce Investment 58,692 - - 58,692 110 Sec 108 Loan Gty Asst. 1,183,612 - - 1,183,612 111 Fund Raising Activities 54,789 1,230 1,230 56,019 113 Gilman Sports Field 335,382 19,287 - 150,000 169,287 504,669 115 Animal Shelter 52,480 5,369 - 135,000 140,369 192,849 116 Paramedic Tax 4,894,321 310 310 4,894,631 119 Domestic Violence Prev - Vit Stat 32,490 - - 32,490 120 Affordable Housing Mitigation 1,925,568 4,767,197 1,161,363 20,849,887 26,778,447 28,704,015 121 Affordable Child Care 13,275 3,617 3, 617 16,892 122 Inclusionary Housing Program 438,731 401,623 - 86,540 488,163 926,894 123 Condo Conversion 534,833 - 55,210 494,122 549,332 1,084,166 125 Playground Camp 4,387,369 187,991 3,284 452,023 643,298 5,030,667 126 State-Prop 172 Pub.Safety 448,976 7,662 - 1,500,000 1,507,662 1,956,638 127 S
tate Transportation Tax 7,686,498 3,034,858 4,409,401 503,048 7,947,307 15,633,805 128 CDBG 3,076,701 908,021 - 743,945 1,651,966 4,728,666 129 Rental Housing Safety Program 2,804,807 30,255 30,255 2,835,062 130 Measure B - Local St & Road 61,882 753,068 1,380,233 50,266 2,183,567 2,245,450 131 Measure B - Bike & Pedestrian - 58,437 30,100 77,217 165,754 165,754 132 Measure B - Paratransit 17,016 14,371 14,371 31,387 133 Measure F Alameda County VRF St & Rd 462,227 272,060 815,943 - 1,088,003 1,550,230 134 Measure BB - Local St & Road 7,657,298 2,618,823 9,384,953 3,091,312 15,095,088 22,752,386 135 Meaure BB - Bike & Pedestrian 1,762,862 244,807 513,631 111,911 870,349 2,633,212 136 Measure BB - Paratransit 967,484 179,817 - 219,468 399,285 1,366,768 137 One-Time Funding - 19,080 - 849,158 868,238 868,238 138 Parks Tax 24,534,028 4,484,363 2,495,513 97,221 7,077,098 31,611,126 139 Streets and Open Space Improvement (SOSIP) 250,000 - 200,000 - 200,000 450,000 140 Measure GG - Fire Prep Tax 6,289,268 408,366 408,366 6,697,635 142 Streetlight Assesment District 3,284,660 524,546 585,177 300,000 1,409,723 4,694,382 143 Berkeley Bus Ec Dev 156,387 7,651 159,410 256,223 423,283 579,670 144 Citywide RLF - - - 368,414 368,414 368,414 146 Employee Training 822,177 6,322 6,322 828,500 147 UC Settlement 5,871,394 610,211 251,166 922,071 1,783,448 7,654,842 148 Cultural Trust - 497,146 2,832,047 - 3,329,193 3,329,193 149 Private Party Sidewalks 100,000 543,983 333,539 452,449 1,329,971 1,429,971 150 Public Art Fund 64,367 5,500 109,416 160,920 275,836 340,203 152 Vital & Health Statistics Trust Fund 30,292 1,000 1,000 31,292 154 PERS Savings 6,000,000 - - 6,000,000 156 Hlth State Aid Realign Trust 6,844,776 50, 000 50,000 6,894,776 157 Tobacco Cont.Trust 382,250 94 94 382,344 158 Mental Health State Aid Realign 6,335,939 76,870 76,870 6,412,810 159 Citizens Option Public Safety Trust 272,448 5,738 - 700,000 705,738 978,186 161 Alameda Cty Abandoned Vehicle Abatement 101,285 21 21 101,306 164 Measure FF - Public Safety 12,976,348 878,429 878,429 13,854,778 165 Fair Elections 664,752 - - 664,752 166 Measure FF - Street Repair 975,000 - - 975,000 301 Operating Grants - Federal 155,304 - - 155,304 302 Operating Grants - State 7,723,545 1,037,236 - 5,428,823 6,466,059 14,189,604 305 Capital Grants - Federal - 150, 751 150,751 150,751
306 Capital Grants - State 750,000 1,058,179 2,698,460 108,457 3,865,096 4,615,096 307 Capital Grants - Local 100,000 4,310,092 3,275,918 2,520,159 10,106,169 10,206,169 309 OTS DUI Enforcement Education Prg. 149,321 - - 240,000 240,000 389,321 310 HUD/Home 2,524,030 273,569 273,569 2,797,600 311 ESG 452,137 0 0 452,137 312 Health (General) 2,733,843 14,436 - 2,377 16,813 2,750,657 313 Target Case Management Linkages 1,491,747 114,571 114,571 1,606,318 315 Mental Health Service Act 11,265,993 2,200,581 - 725,162 2,925,743 14,191,735 316 Health (Short/Doyle) 7,235,143 259,901 - 82,000 341,901 7,577,044 317 EPSDT Expansion Proposal 669,282 - - 669,282 318 Alcoholic Bev Ctr OTS/UC 60,237 - - 16,000 16,000 76,237 319 Youth Lunch 50,838 8,898 8,898 59,736 1st AAO
SUMMARY OF APPROPRIATIONS BY FUND
26AAO_Final.xlsx 11/3/2025 9:51 PM
EXHIBIT A
Encumbered Unencum. Ot her Total FY 2026
ERMA
Fund # Fund FY 2026
Adopted
Rollovers Carryovers Adjustments Amend. Revised #1
1st AAO
SUMMARY OF APPROPRIATIONS BY FUND
320 Sr. Nutrition Title III 262,905 - - 31,715 31,715 294,620 321 CFP Title X - 790 - 120,000 120,790 120,790 324 BUSD Grant 216,871 88 88 216,959 325 Vector Control 485,945 9,574 9,574 495,519 326 Alameda County Grants 1,115,784 1,587 - 160 1,747 1,117,531 327 Senior Supportive Social Services 118,794 - - 49,130 49,130 167,924 328 Family Care Support Program 112,253 - - 64,434 64,434 176,687 329 CA Integrated Waste Management 5,244 5,230 5,230 10,474 331 Housing Mitigation 1,362,494 136,393 183,479 1,180,868 1,500,740 2,863,234 333 CALHOME 221,240 - - 63,000 63,000 284,240 334 CSBG 291,358 - - 10,700 10,700 302,058 336 One-Time Grant: No Cap Exp 758,064 3,796,624 5,553,754 3,550,550 12,900,929 13,658,993 339 MTC 752,827 137,211 137,211 890,038 340 FEMA 2,869,444 389,157 269, 880 531,635 1,190,672 4,060,116 341 Alameda Cty Waste Mgt. 345,000 - - 345,000 343 State Dept Conserv/Recylg 32,000 - - 32,000 344 CalTRANS Grant - 9,664 8,637 - 18,301 18,301 347 Shelter+Care HUD 7,334,881 3,144 3,144 7,338,025 348 Shelter+Care County 1,041,448 - - 1,041,448 349 JAG Grant 60,759 - - 60,759 350 Bioterrorism Grant 307,040 14,076 14,076 321,116 354 ARPA - Local Fiscal Recovery Fund - 1,074,897 1,074,897 1,074,897 501 Capital Improvement Fund 18,155,130 10,347,460 8,233,228 - 18,580,688 36,735,818 502 Phone System Replacement 449,408 148,
589 148,589 597,997
503 FUND$ Replacement 3,065,223 561,467 561,467 3,626,690 504 PEG-Public, Education & Government 267,210 - - 267,210 506 Measure M - Street & Watershed Improvement - 713,759 367 74,222 788,348 788,348 511 Measure T1 - Infra & Facil. 4,106,327 6,461,885 28,837,098 97,755 35,396,738 39,503,065 512 Measure O 8,176,509 24,646,394 - 30,343,613 54,990,007 63,166,516 514 Fire Admin Training Building - - - 4,500,000 4,500,000 4,500,000 552 09 Measure FF Debt Service 1,330,513 - - 1,330,513 553 2015 GORBS 2,043,981 - - 2,043,981 554 2012 Lease Revenue Bonds BJPFA 499,849 - - 499,849 555 2015 GORBS - 2002 G.O. Refunding Bonds 378,696 - - 378,696 556 2015 GORBS (2007, Series A) 142,312 - - 142,312 557 2015 GORBS (2008 Measure I) 479,416 - - 479,416 558 2010 COP (Animal Shelter) 140,085 - - 140,085 559 Measure M GO Street & Water Imps 1,639,250 - - 1,639,250 560 Infrastucture & Facilities Measure T1 3,755,881 - - 3,755,881 561 Measure O - Housing Bonds 4,600,873 - - 4,600,873 601 Zero Waste 61,614,928 6,520,483 1, 271,237 3,185,992 10,977,711 72,592,640 606 Marina - Coastal Conservancy - 4,324,146 3,498,049 - 7,822,195 7,822,195 607 Marina - Department of Boating and Waterway - 300 300 300 608 Marina Operation 7,663,273 479,937 664,422 214,660 1,359,019 9,022,292 611 Sewer 33,533,465 17,013,121 118,806 14,813,224 31,945,151 65,478,615 612 Private Sewer Lateral FD 80,849 - - 80,849 616 Clean Storm Water 8,598,338 1,358,833 6,531,882 1,957,582 9,848,297 18,446,635 621 Permit Service Center 27,883,725 1,376,725 10,247 - 1,386,972 29,270,697 622 Unified Program (CUPA) 1,021,938 2,835 2,835 1,024,773 627 Off Street Parking 7,203,523 1,073,904 844,722 57,470 1,976,096 9,179,619 631 Parking Meter 10,178,760 392,778 392,778 10,571,538 636 Building Purchases and Management 3,879,644 74,030 74,030 3,953,673 671 Equipment Replacement 6,536,146 3,013,670 52,424 5,088,454 8, 154,548 14,690,694 672 Equipment Maintenance 10,385,092 1,217,547 - 1,000,000 2,217,547 12,602,639 673 Building Maintenance Fund 5,518,650 499,148 499,148 6,017,798 674 Central Services 411,006 898 898 411,905 676 Workers Compensation 11,788,212 - - 75,000 75,000 11,863,212 678 Public Liability 3,760,097 212,798 920,307 - 1, 133,105 4,893,202
679 Catastrophic Loss 3,447,023 - - 5,167,758 5,167,758 8,614,781 680 IT Cost Allocation 24,896,332 2,577,805 - 360,000 2,937,805 27,834,137 706 Police Medical Trust Fund 48,281 - - 48,281 721 Retiree Medical Trust Fund - BHA 2,970 - - 2,970 722 Retiree Medical Trust Fund - IBEW 2,563 1,279 1,279 3,842 723 Retiree Medical Trust Fund - Local 1 22,595 3,488 3,488 26,083 724 Retiree Medical Trust Fund - Z1 Mgmt. 4,000 42 42 4,042 725 Retiree Medical Trust Fund - Z2 To Z6 12,000 6,402 6,402 18,402 726 Retiree Medical Trust Fund - Local 535 32,191 8,321 8,321 40,512 727 Retiree Medical Trust Fund - Local 790 37,106 7, 054 7,054 44,160 731 Police EE Retiree Health Ast Plan 6,500 966 966 7,466 736 Fire Medical Trust Fund 45,571 877 877 46,448 762 Successor Agency - Savo DSF 57,120 - - 57, 120 26AAO_Final.xlsx 11/3/2025 9:51 PM
EXHIBIT A
Encumbered Unencum. Ot her Total FY 2026
ERMA
Fund # Fund FY 2026
Adopted
Rollovers Carryovers Adjustments Amend. Revised #1
1st AAO
SUMMARY OF APPROPRIATIONS BY FUND
776 Thousand Oaks Underground 100,096 - - 100,096 777 Measure H - School Tax 500, 000 2 2 500,002 778 Measure Q - CFD#1 Dis. Fire Protect Bond 107,904 2,595 2, 595 110,499 779 Spl Tax Bds. CFD#1 ML-ROOS 778,589 - - 778,589 780 Sick Leave Entitlement 322,955 - - 322,955 781 Berkeley Tourism BID 2,209,676 - - 2,209,676 782 Elmwood Business Improvement District 59,950 1 1 59,951 783 Solano Ave BID 40,445 - - 40,445 784 Telegraph Avenue Bus. Imp. District 826,643 - 72, 267 - 72,267 898,909 785 North Shattuck BID 334,076 - 15,206 - 15,206 349,282 786 Downtown Berkeley Prop & Improv. District 1,599,725 - - 1,599,725 801 Rent Board 9,017,005 262,172 - 500,000 762,172 9,779,177 GROSS EXPENDITURE: 829,213,359 145,231,967 93,327,606 119,513,923 358,073,495 1,187,286,854 Dual Appropriations (77,331,186) - - (2,174,148) (2,174,148) (79,505,334) Revolving & Internal Service Funds (64,117,711) (7,528,189) (972,731) (6,523,454) (15,024,374) (79,142,085)
NET EXPENDITURE: 687,764,462 137,703,778 92,354,875 110,816,321 340,874,973 1,028,639,435 26AAO_Final.xlsx 11/3/2025 9:51 PM
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 1 011 General Fund City Attorney 249,354 Per BMC Section 2.56.080.C - "Funds allocated to the City Attorney’s Office shall not be returned to the General Fund for other purposes except at the express direction of the City Council".
2 011 General Fund City Manager 126,350 Deportation Defense Carryover funds for Deportation Defense 3 011 General Fund City Manager 50,000 Digital Accessibility Project and Misc. Crisis Response
Communications
Carryover funding for digital Accessibility Project and Miscellaneous Crisis Response Communications
4 011 General Fund City Manager 50,000 Re-Entry Employment and Guaranteed Income Programs
Council Budget referral - To engage a consultant to recommend a Universal Income Pilot for Berkeley
5 011 General Fund City Manager 7,606 Installation of Security Cameras - Edgeworth Security
Appropriate funding to cover the cost of the security cameras (inoperable since 2023) at the Animal Shelter.
7 011 General Fund City Manager 7,000 Elmwood Music Festival Council Recommendation-FY25 GF Savings to support the Elmwood Music Festival
8 011 General Fund City Manager 5,000 FY 2026 Poet Laureate Program
Carryover of funds for the continuation of FY 2026 Poet Laureate Program (for stipend)
9 011 General Fund Finance 50,000 Development of Payment Acceptance Solutions
Carryover funding for Evaluation and Implementation of new Online and Mobile Payment acceptance solutions to ensure efficiency of operations while maintaining security of City resources
10 011 General Fund Finance 40,000 Banking Services Consultant Carryover funding for Preparation for Solicitation of Banking Services Provider (Wells Fargo contract expires in 2026). Huge undertaking to make sure the best vendor is chosen to take on all banking services for City, and preparation will make transition to next vendor easier and less costly.
11 011 General Fund Fire Department 177,496 Motorola Equipment Lease General Fund Portion
Appropriate fund for the Motorola Equipment Lease - Fire department's General Fund annual allocation for the Fire & Police communication system
12 011 General Fund Health Housing, and
Community Services
1,922,883 Community Agency Funding Appropriate funding for Community Agencies 13 011 General Fund Mayor & Council 76,608 Mayor & Council carryover Carryover funding for Mayor & Council FY 25 year-end balance per Res#70,054
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 14 011 General Fund Non-Departmental 1,937,888 General Fund Transfer to Catastrophic Loss Fund
Revise General Fund Transfer to the Catastrophic Loss Fund to provide additional funds to pay FY 2026 Bay Cities Joint Powers Insurance Authority bill for Liability Program Insurance costs. 15 011 General Fund Non-Departmental 325,404 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 for Property Program, APD Program, Crime Program, and Cyber Program
insurance costs
16 011 General Fund Non-Departmental 74,626 Marina Fund Deficit Council Recommendation-FY25 GF Savings to support Marina Fund Deficit
17 011 General Fund Non-Departmental 126,374 Marina Fund Deficit Council Recommendation-FY25 GF Savings to support Marina Fund Deficit
18 011 General Fund Non-Departmental 25,000 Marina Fund Deficit Council Recommendation-FY25 GF Savings to support Marina Fund Deficit
19 011 General Fund Planning 100,000 PLLBAR2401 FY25 CBR - Ashby BART Area Enhanced Infrastructure
Finance District (EIFD) Analysis
Carryover funding for FY25 CBR - Ashby BART Area Enhanced Infrastructure Finance District (EIFD) Analysis
20 011 General Fund Police Accountability 25,000 Outreach and Community Engagement Meetings
Carryover funding for Outreach and Community Engagement Meetings
21 011 General Fund Police Accountability 22,855 Public safety and police oversight survey
Carryover funding for Public safety and police oversight survey 22 011 General Fund Police Accountability 21,000 Stand-alone website and social media program
Carryover funding for Stand-alone website and social media program
23 011 General Fund Parks, Recreation, and
Waterfront
120,000 Youthworks Council Recommendation -FY25 GF Savings to support Youthworks Program
24 011 General Fund Parks, Recreation, and
Waterfront
402,959 PRWWF20011 South Cove Parking Lot Carryover Funds to complete construction of South Cove Parking Lot project
25 011 General Fund Parks, Recreation, and
Waterfront
92,720 PRWWF22002 Waterfront Dredging Permit Carryover funds to pay permit fees for Waterfront Dredging project
26 011 General Fund Parks, Recreation, and
Waterfront
5,060 PRWCP25004 Camp Generators Carryover to pay for PGE generator permit fees. 27 011 General Fund Parks, Recreation, and
Waterfront
25,881 PRWPK24009 Miyawaki Forest Carryover funds to complete construction of Miyawaki Forest 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 28 011 General Fund Parks, Recreation, and
Waterfront
3,973 PRWPK24010 Dreamland Playground Carryover to complete Dreamland Playground design 29 011 General Fund Parks, Recreation, and
Waterfront
52,037 PRWPK25006 AAHRC Program Development Carryover funds for AAHRC Program Development. 30 011 General Fund Parks, Recreation, and
Waterfront
700,000 PRWPK25013 FY25 Aquatic Park Tide Tubes
Repair
Carryover funds for grant cost share
31 011 General Fund Parks, Recreation, and
Waterfront
656,919 PRWT122013 D&E Dock Replacement Carryover to complete D&E Dock replacement construction project.
32 011 General Fund Parks, Recreation, and
Waterfront
50,156 2024 R2 Holiday Payout Appropriate Fund for 2024 R2 holiday payout (section 18.9 of the CSU/PTRLA MOU: should have been paid and funded in
FY25) that has not yet been included in PRW’s baseline budget.
Note: A funding request for the 2025 R2 Holiday Payout will be included in FY26 AAO2.
33 011 General Fund Public Works 270,000 Tier 1 funding for maintenance of bus shelter-TNC and CBR
Security Camera
Carryover to complete council assigned projects from Tier 1 process, without funding the items cannot be completed. 34 011 General Fund Public Works 518,894 Carryover for unallocated account that has funding for
multiple projects.
Carryover for PWTRPL2403-Vision 2050 Parcel Tax-$100,000 PWTRPL2402-Southside Transportation Project-$250,000
PWTRTC1301-Traffic Calming-$135,864
Project Yield Sign-$30,000- Council Budget referral for Yield Signs at Two Unmarked Intersections.
35 011 General Fund Public Works 109,894 PWSUCW1901 Fire Safety Carryover for unallocated account that has funding for project PWSUCW1901-FIRE SAFETY
36 011 General Fund Public Works 70,742 ADA services Carryover to continue ADA related tasks including ASL services, and accessibility related issues.
37 011 General Fund Public Works 45,000 ROW Restrooms-Janitorial Services
Carryover to continue Janitorial Services for the restroom in the ROW. Funding from Tier 1 Council Right of way.
38 011 General Fund Public Works 771,100 PWENEN2001 Corp Yard EV Project Carryover 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).
39 011 General Fund Public Works 43,000 PWTRBP2501 6TH-Addison QB Traffic Calming Improv
Carryover to complete assigned project from Council budget referral for Vision Zero Improvements at 6th & Addison
Intersection.
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 40 011 General Fund Public Works 150,000 PWTRPL2404 Oxford/University Corridor Studies
Carryover to complete assigned project from council referral.
Study and Conceptual design of protected bikeways, bus-only lanes, and pedestrian crossing safety improvements per the Bike Plan, Pedestrian Plan, and Transit-First Implementation Plan.
41 011 General Fund Public Works 55,000 FY 25 CBR -install an Accessible Pedestrian Signal
(APS) at the intersection of
Sacramento Street and Allston
Way
Carryover funding for FY 25 CBR - install an Accessible Pedestrian Signal (APS) at the intersection of Sacramento Street and Allston Way
42 011 General Fund Public Works 150,364 PWENCB2312 WBSC Improvements Carryover to complete assigned project, 011 funding came from transfer from HHCS.
43 011 General Fund Public Works 5,946 PWENBM2507 Civic Center Door Updates Carryover to complete Civic Center door update project. 44 011 General Fund Public Works 57,735 PWENBM2508 Animal Shelter Landscape Repair
To complete assigned project. Funding for landscape and irrigation repair, which fund 142 (light pole replacement) could not pay for. Funding received from BACS to Public Works. 45 011 General Fund Public Works 118,110 PWENSD2305 Strawberry Creek Culvert Repairs+K61
To complete assigned project, Resolution 71, 669-N.S. CC date 02/25/2025.
46 011 General Fund Public Works 310,000 Security Cameras in Public Right of Way
Carryover for project moving from PW to PD. Authorized by Reso #70,895. Remaining unspent CT#32500112 being added. 47 011 General Fund Public Works 7,000 Supplemental Recommendation- Speed Bump
Supplemental budget recommendation; Speed Bump at MLK
Way and Russell Street. From Councilmember Bartlett's FY25 budget.
011 Total 5,446,108 4,766,827
48 016 U1 Housing Rent Stabilization Board 100,721 Empty Homes Tax Ordinance Carryover funds for Ongoing Empty Homes Tax Ordinance implementation per City Council and Rent Board
016 Total 100,721 0
49 104 Library - Friends &Gifts Library 10,000 Poet Laureate Appropriate funds to pay for City Poet Laureate honorarium 50 104 Library - Friends &Gifts Library 5,000 Art and Music Programming Appropriate funds to pay for Art and Music Program 104 Total 0 15,000
51 113 Gilman Sports Field Non-Departmental 150,000 User Fee contribution to Fund 114
Appropriate funds to adjust Gilman User Fees transfer to Fund 114. $75K contribution for FY24, FY25 and FY26.
113 Total 0 150,000
52 115 Animal Shelter City Manager 135,000 Appropriate funds for Animal Shelter operating expenses 115 Total 0 135, 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 53 120 Affordable Housing
Mitigation
Health Housing, and
Community Services
3,909 Affordable Housing Preference
Policy Intern
Appropriate funding for an 8-week intern to support the implementation of the Affordable Housing Preference Policy.
Req 2025-02843
54 120 Affordable Housing
Mitigation
Health Housing, and
Community Services
36,450 4th Amendment to SLA contract
out of AHMF Admin
Appropriate funding for Amending Street Level Advisors
contract to include additional support for the partnership with Berkeley Housing Authority around developing affordable housing at the Ashby and North Berkeley BART sites. Going to Council on 9/16.
55 120 Affordable Housing
Mitigation
Health Housing, and
Community Services
2,000,000 Ashby BART West Lot
Predevelopment Loan
Appropriate funding for Ashby BART West Lot Predevelopment Loan pending Council approval in September 2025.
56 120 Affordable Housing
Mitigation
Health Housing, and
Community Services
1,500,000 North Berkeley BART phase 1
projects
Appropriate funding for North Berkeley BART development loans (Reso 71,428). Total funding reservation = $26.5M, including $6.5M in AHMF. $5M in AHMF already in
predevelopment loan. Phase 1 projects are pursuing state funding; if successful, will need to encumber remaining funds by March 2026.
57 120 Affordable Housing
Mitigation
Health Housing, and
Community Services
3,000,000 Supportive Housing in People's
Park predevelopment loan
Appropriate funding for Supportive Housing in People's Park (SHiPP) predevelopment loan (Reso 70,135).
58 120 Affordable Housing
Mitigation
Health Housing, and
Community Services
11,865,184 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.
59 120 Affordable Housing
Mitigation
Health Housing, and
Community Services
2,257,494 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.
60 120 Affordable Housing
Mitigation
Health Housing, and
Community Services
1,161,363 Small Sites Program funding Carryover funding for Unallocated FY25 Small Sites Program funds (carryforward from FY25 adopted budget). Available through an active NOFA.
61 120 Affordable Housing
Mitigation
Health Housing, and
Community Services
180,000 Small Sites Program funding
(new funds)
Appropriate funding for Program funds, available through an active NOFA.
62 120 Affordable Housing
Mitigation
Health Housing, and
Community Services
6,849 Internal Mail Services Appropriate funding for Mail services previously budgeted in 011-51-504…2025
120 Total 1,161,363 20,849,887
63 122 Inclusionary Housing
Program
Health Housing, and
Community Services
86,540 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.
122 Total 0 86,540
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 64 123 Condo Conversion
Program
Health Housing, and
Community Services
56,072 HTF Rehab loans Appropriate funding for Housing Trust Fund Request for Proposal reservations for Adeline Street Apartments and Ashby Lofts (Council approved on 6/24/2025). New/pending
reservations, with loan closings estimated in November 2025 and early 2026.
65 123 Condo Conversion
Program
Health Housing, and
Community Services
55,210 Small Sites Program funding Carryover funding for Unallocated FY25 Small Sites Program funds (carryover from FY25 adopted budget). Available through an active NOFA.
66 123 Condo Conversion
Program
Health Housing, and
Community Services
438,050 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.
123 Total 55,210 494,122
67 125 Playground Camp Parks, Recreation, and
Waterfront
2,909 Tuolumne Master Plan Carryover Funds from Tuolumne Master Plan Project PRWCP08001
68 125 Playground Camp Parks, Recreation, and
Waterfront
375 Echo Lake Camp ADA
Improvement
Carryover Funds from Echo Lake Camp ADA Improvement
Project PRWRC18002
69 125 Playground Camp Parks, Recreation, and
Waterfront
452,023 Appropriate funds to establish budget for expanded afterschool programs. Expenditures are fully covered by revenue.
125 Total 3,284 452, 023
70 126 Proposition 172 Police 1,500,000 DNA testing, crime lab costs, telephone service costs
Increased DNA testing contract costs including the cost of Cold- Case Sexual Assault Exams, crime labs, and telephone
services
126 Total 0 1,500,000
71 127 State Transportation Tax Public Works 50,000 Annual Allocation for New Programs
Appropriate Funds for Annual Allocation for New Programs 72 127 State Transportation Tax Public Works 50,000 Annual-Grant Applications Appropriate Funds for Grant Applications 73 127 State Transportation Tax Public Works 50,000 Annual-UC Football Signs Appropriate Funds for Annual UC Football Signs 74 127 State Transportation Tax Public Works 15,008 Traffic Sign Reim Agreement Appropriate Funds for Traffic Sign Reimbursement Agreement 75 127 State Transportation Tax Public Works 38,040 Increased Fleet Replacement Charges
Appropriate Funds for Increased Fleet Replacement Charges 76 127 State Transportation Tax Public Works 50,000 Traffic Signal Appropriate Funds for Traffic Signal 77 127 State Transportation Tax Public Works 50,000 PWTRBP2204 Ohlone Green Modification & Safety Project
Appropriate Funding to complete design phase and move into construction phase of Ohlone Green Modific & Safety 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 78 127 State Transportation Tax Public Works 200,000 PWTRTC2602 California Street and Ada Traffic Calming
Appropriate funding to make payments to contractor. Follow-up at AAO1/C/O
79 127 State Transportation Tax Public Works 1,376 PWENST2301 Street Rehab FY23 Carryover funds for CIP-Street Rehab Project 80 127 State Transportation Tax Public Works 800,622 PWENST2401 Street Rehab FY24 Carryover funds for CIP-Street Rehab Project 81 127 State Transportation Tax Public Works 2,192,421 PWENST2501 Street Rehab FY25 Carryover funds for CIP-Street Rehab Project 82 127 State Transportation Tax Public Works 382,807 PWENST2601 Street Rehab FY26 Carryover funds for CIP-Street Rehab Project 83 127 State Transportation Tax Public Works 33,333 PWENSW2401 FY2024 SW REPAIRS Carryover funds for CIP-FY24 SW Repairs 84 127 State Transportation Tax Public Works 50,000 PWTRTM1201 WPPUC Football Signs Carryover funds for CIP-WPPUC Football Signs project 85 127 State Transportation Tax Public Works 107,597 PWENSW2002 Sidewalk Shaving FY20 Carryover funds for CIP- FY20 Sidewalk Shaving Project 86 127 State Transportation Tax Public Works 100,000 PWTRBP2203 Parker-Addison Bikeway Carryover funds to complete Parker-Addison Bikeway project, now in construction phase
87 127 State Transportation Tax Public Works 222,000 50,000 PWTRCS2203 University Ave Bus Stop Carryover funds to complete the University Ave. Bus Stop project, now in construction phase.
88 127 State Transportation Tax Public Works 144,069 PWENRW2301 Retaining Wall & Storm Drain Repair
Carryover funds to complete Retaining Wall & storm Drain Repair project
89 127 State Transportation Tax Public Works 25,176 PWENSD2305 Strawberry Creek Culvert Repairs
Carryover funds to complete Strawberry Creek Culvert Repairs project
90 127 State Transportation Tax Public Works 300,000 PWT1ST2202 T1 Phase 2-Bollards Carryover funds to complete T1 Phase 2 Bollards Project 127 Total 4,409,401 503,048
91 128 CDBG Public Works 26,945 PWENCB2312 WBSC Improvement Carryover funds for CIP-WBSC Project funding 92 128 CDBG Health Housing, and
Community Services
200,000 SDRLP Loans Fund FY26 SDRLP Loans (CDBG #1110, 1129 & 1126) funded by previously awarded but unspent funds.
93 128 CDBG Health Housing, and
Community Services
517,000 Public Facility Program CDBG public facility improvement program: delays due to environmental review and prior year NOFA funds. Reso 70,830.
BOSS Contract: $195,000, Options Recovery Services:
$187,980 , Remaining PY24/FY25 NOFA: $134,020
128 Total 0 743, 945
94 130 Measure B - Local
Streets and Rd
Public Works 50,266 PWTRTC2202 Woolsey-Eton Traffic Calming To complete the Woolsey-Eton Traffic Calming project currently in the construction phase
95 130 Measure B - Local
Streets and Rd
Public Works 444,213 PWENST2501 Street Rehab FY25 Carryover funds for FY23 Street Rehab Project 96 130 Measure B - Local
Streets and Rd
Public Works 521,902 PWTRBP2202 HSIP Sacramento Ped Xing Carryover funds for HSIP Sacramento Ped Xing 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 97 130 Measure B - Local
Streets and Rd
Public Works 140,865 PWTRBP2205 Woolsey-Fulton Bike Blvd-STI Funds
Carryover funds for Woolsey-Fulton Bike Blvd STI Project 98 130 Measure B - Local
Streets and Rd
Public Works 20,670 PWTRCS2204 Telegraph Study & PE Carryover funds for Telegraph Study & PE Project 99 130 Measure B - Local
Streets and Rd
Public Works 70,583 PWTRTC2202 Woolsey-Eton Traffic Calming Carryover funds for Woolsey-Eton Traffic Calming Project 100 130 Measure B - Local
Streets and Rd
Public Works 182,000 PWTRTC2501 Delaware Traffic Calming Project
Carryover funds for Delaware Traffic Calming Project
130 Total 1,380,233 50,266
101 131 Measure B-Bike and
Pedestrian
Public Works 15,000 PWTRBP2205 Woolsey- Fulton Bike Blvd STI funds
Carryover CIP funds for Woolsey-Fulton Bike Blvd Project 102 131 Measure B-Bike and
Pedestrian
Public Works 77,217 Unspent MB B&P Fund 131 Carryover funds MB B&P -Fund 131 required to be spent by June 30, 2026
103 131 Measure B-Bike and
Pedestrian
Public Works 15,100 Unallocated account that has
funding for multiple projects.
Carryover funds to complete council assigned projects, and other ongoing projects.
131 Total 30,100 77,217
104 133 Meas F - Ala Ct VRF St
and Rd
Public Works 39,950 PWTRBP2202 HSIP Sacramento Ped Xing Carryover funds to continue HSIP Sacramento Ped Xing project - partially grant funded
105 133 Meas F - Ala Ct VRF St
and Rd
Public Works 42,042 PWENST2401 Street Rehab FY 2024 Carryover funds for FY 2024 CIP Street Rehab Project 106 133 Meas F - Ala Ct VRF St
and Rd
Public Works 155,000 PWENST2501 Street Rehab FY25 Carryover funds for FY 2025 CIP Street Rehab Project 107 133 Meas F - Ala Ct VRF St
and Rd
Public Works 50,000 PWENSW2401 FY 2024 Sidewalk Repairs Program
Carryover funds for FY 2024 CIP Sidewalk Repairs Program 108 133 Meas F - Ala Ct VRF St an Public Works 283,011 PWT1ST2209 T1 PH 2 Streets Carryover funds for T1 PH 2 Streets 109 133 Meas F - Ala Ct VRF St an Public Works 66,922 PWT1SW2201 T1 PH 2 Sidewalk Mtc & Safety Rep
Carryover funds for T1 PH 2 Sidewalk Maintenance & Safety Rep
110 133 Meas F - Ala Ct VRF St an Public Works 43,791 PWTRBP2201 MLK Jr. Way Vision Zero Quick Build
Carryover funds for MLK Jr. Way Vision Zero Quick Build 111 133 Meas F - Ala Ct VRF St
and Rd
Public Works 135,227 PWT1ST2202 T1 Phase 2 Bollards Carryover funds to complete T1 Phase 2 Bollards Project 133 Total 815,943 0
112 134 Measure BB-Local Streets
and Roads
Public Works 100,000 Vision Zero Action Plan-Annual-
FY29
Appropriate Funds for VZ Action Plan-FY29
113 134 Measure BB-Local Streets
and Roads
Public Works 75,000 PWENSD2305 Strawberry Creek Culvert Repairs
Carryover funding from Strawberry Creek Culvert Project 114 134 Measure BB-Local Streets
and Roads
Public Works 1,112,697 PWENSD2305 Strawberry Creek Culvert Repairs
Carryover funding from Strawberry Creek Culvert 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 115 134 Measure BB-Local Streets
and Roads
Public Works 1,841,156 PWT1ST2202 T1 Phase 2 Bollards Carryover funds to complete T1 Phase 2 Bollards Project 116 134 Measure BB-Local Streets
and Roads
Public Works 569,639 PWTRBP2204 Ohlone Green Modification & Safety Project
Carryover funding for Ohlone Green Modification & Safety Program
117 134 Meas BB - Local Streets
and Rd
Public Works 42,832 PWTRCS2203 University Ave. Bus Stop Carryover funds to complete University Bus Stop project, now in construction phase.
118 134 Meas BB - Local Streets
and Rd
Public Works 24,930 PWTRCS2203 University Ave. Bus Stop Appropriate funds to complete University Bus Stop project, now in construction phase.
119 134 Meas BB - Local Streets
and Rd
Public Works 339,613 PWTRCS2202 Shattuck-MLK Bus Stops Carryover funds to complete Shattuck/MLK Bus Stops project, Currently in construction phase.
120 134 Meas BB - Local Streets
and Rd
Public Works 50,902 PWTRCS2202 Shattuck-MLK Bus Stops Appropriate funds to complete Shattuck/MLK Bus Stops project, Currently in construction phase.
121 134 Meas BB - Local Streets
and Rd
Public Works 283,651 PWENST2302 Wildcat canyon road slide repairs and drainage improve
Carryover funds to complete Wildcat canyon road slide repairs and drainage improvements
122 134 Meas BB - Local Streets
and Rd
Public Works 118,821 PWTRBP2202 HSIP Sacramento Ped Xing Carryover funds to continue the HSIP Sacramento Ped Xing project - partially grant funded
123 134 Meas BB - Local Streets
and Rd
Public Works 186,200 PWTRBP2202 HSIP Sacramento Ped Xing Appropriate funds to continue the HSIP Sacramento Ped Xing project - partially grant funded
124 134 Meas BB - Local Streets
and Rd
Public Works 200,761 PWTRBP2203 Parker-Addison Bikeway Appropriate funds to complete the Parker-Addison Bikeway project, now in construction phase.
125 134 Meas BB - Local Streets
and Rd
Public Works 1,413,059 Woolsey-Fulton Bike Blvd. STI
Funds
Carryover funds to complete the design phase and move into the construction phase
126 134 Meas BB - Local Streets
and Rd
Public Works 521,183 Woolsey-Fulton Bike Blvd. STI
Funds
Appropriate funds to complete the Woolsey-Fulton Bike Blvd. design phase and move into the construction phase
127 134 Meas BB - Local Streets
and Rd
Public Works 5,345,821 Various Carryover Fund 134 funding for multiple CIP Projects 128 134 Meas BB - Local Streets
and Rd
Public Works 100,000 Traffic Light Work-Professional
Services
Carryover funds to support electrical services contracts 129 134 Meas BB - Local Streets
and Rd
Public Works 150,000 PWFMEL1606 Supplies Carryover funds for traffic light supplies for current electrical work and projects
134 Total 9,384,953 3,091,312
130 135 Measure BB-Bike and
Pedestrian
Public Works 3,000 Annual-Bike to Work"
Contribution
Appropriate Funds for Annual Bike to Work Contribution
131 135 Measure BB-Bike and
Pedestrian
Public Works 35,371 PWTRBP2204 Ohlone Green Modification & Safety Project
Appropriate funding for Ohlone Green Modification & Safety Program
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 132 135 Measure BB-Bike and
Pedestrian
Public Works 7,503 PWTRBP2204 Ohlone Green Modification & Safety Project
Carryover funding for Ohlone Green Modification & Safety Program
133 135 Measure BB-Bike and
Pedestrian
Public Works 14,105 PWTRBP2201 MLK Jr. Way Vision Zero Quick Build
Carryover Funds to continue MLK Jr. Way Vision Zero Quick Build Project
134 135 Measure BB-Bike and
Pedestrian
Public Works 3,209 PWTRBP2205 Woolsley-Fulton Bike Blvd STI Funds
Carryover Funds to continue MLK Jr. Way Vision Zero Quick Build Project
135 135 Measure BB-Bike and
Pedestrian
Public Works 146,800 PWTRCT2201 Adeline Street Trans Bike Blvd STI Funds
Carryover Funds for CIP Project-Adeline Street Trans Bike Blvd STI Funds
136 135 Measure BB-Bike and
Pedestrian
Public Works 127,917 Unallocated account that has
funding for multiple projects.
Carryover unallocated funds for multiple projects
137 135 Measure BB-Bike and
Pedestrian
Public Works 138,750 PWTRBP2202 HSIP Sacramento Ped Xing Carryover funds for HSIP Sacramento Ped Xing Project 138 135 Measure BB-Bike and
Pedestrian
Public Works 55,040 PWTRBP2202 HSIP Sacramento Ped Xing Appropriate funding for HSIP Sacramento Ped Xing Project 139 135 Measure BB-Bike and
Pedestrian
Public Works 18,500 PWTRCS2203 University Ave Bus Stop Appropriate funds to complete the University Ave. Bus Stop project, now in construction phase.
140 135 Measure BB-Bike and
Pedestrian
Public Works 75,347 PWTRBP2205 Woolsley-Fulton Bike Blvd STI Funds
Carryover funds to continue the Woolsley-Fulton Bike Blvd project currently in the construction phase
135 Total 513,631 111,911
141 136 Measure BB - Paratransit Health Housing, and
Community Services
171,625 Measure BB (Paratransit) FY26 Approved Budget: Measure BB 142 136 Measure BB - Paratransit Health Housing, and
Community Services
47,843 Measure BB (Paratransit) FY26 Approved Budget: Measure BB 136 Total 0 219,468
143 137 One-Time Funding Health Housing, and
Community Services
86,597 MH BHCII (9 months from Oct-
June) Part of PH NOS Program:
Salary
Appropriate funding salary for a new position to support opioid prevention activities through the Berkeley High School Health Center. Funding source is through the National Opioid
Settlement
144 137 One-Time Funding Health Housing, and
Community Services
68,040 MH BHCII (9 months from Oct-
June) Part of PH NOS Program:
Benefits
Appropriate funding benefits for a new position to support opioid prevention activities through the Berkeley High School Health Center. Funding source is through the National Opioid
Settlement
145 137 One-Time Funding Health Housing, and
Community Services
550,000 BHCIP Capital Improvement
match for MH Services
To fund a match for BHCIP capital improvement application for MH services at 2636 MLK Jr. New program funded by the
National Opioid Settlement.
146 137 One-Time Funding Health Housing, and
Community Services
144,521 HHPNOS2501 National Opioid Settlement Appropriate fund for the National Opioid Settlement program. 137 Total 0 849,158
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 147 138 Parks Tax Parks, Recreation, and
Waterfront
24,516 PRWPK21008 Civic Center Fountain Garden Carryover Funds for Civic Center Fountain Garden 148 138 Parks Tax Parks, Recreation, and
Waterfront
73,611 PRWPK21012 Santa Fe Right-of Way Carryover Funds for Santa Fe Right-of Way 149 138 Parks Tax Parks, Recreation, and
Waterfront
42,798 PRWPK22002 John Hinkel Scout Hut Carryover Funds for John Hinkel Scout Hut 150 138 Parks Tax Parks, Recreation, and
Waterfront
1,274,082 PRWPK22008 Cedar Rose (2-5 and 5-12) Carryover Funds from Cedar Rose (2-5 and 5-12) 151 138 Parks Tax Parks, Recreation, and
Waterfront
598 PRWPK22009 James Kenney Mini Skate Park Carryover Funds from James Kenney Mini Skate Park 152 138 Parks Tax Parks, Recreation, and
Waterfront
94,184 PRWPK23001 600 Addison Project Carryover Funds from 600 Addison Project 153 138 Parks Tax Parks, Recreation, and
Waterfront
127,342 PRWPK24005 Irrigation Replacement Carryover Funds from Irrigation Replacement 154 138 Parks Tax Parks, Recreation, and
Waterfront
60,322 PRWPK24006 Court Resurfacing Carryover Funds from Court Resurfacing 155 138 Parks Tax Parks, Recreation, and
Waterfront
51,875 PRWPK24008 Adeline Median Landscaping Carryover Funds from Adeline Median Landscaping 156 138 Parks Tax Parks, Recreation, and
Waterfront
2,775 PRWPK24009 Miyawaki Forest Carryover Funds from Miyawaki Forest 157 138 Parks Tax Parks, Recreation, and
Waterfront
98,101 PRWPK25007 Glendale LaLoma Playground Carryover Funds from Glendale LaLoma Playground 158 138 Parks Tax Parks, Recreation, and
Waterfront
1,470 PRWPK25010 Friends of BACS Donation
Tracking
Carryover Funds from Friends of BACS Donation Tracking
159 138 Parks Tax Parks, Recreation, and
Waterfront
26,207 PRWPK25011 Frances Albrier CC Repairs Carryover Funds from Frances Albrier CC Repairs 160 138 Parks Tax Parks, Recreation, and
Waterfront
86,615 PRWPK25013 Ohlone Park Play Structure
Replacement
Carryover Funds from Ohlone Park Play Structure Replacement 161 138 Parks Tax Parks, Recreation, and
Waterfront
10,408 PRWT122001 MLK Jr. Youth Services Center Carryover Funds From MLK Jr Youth Services Center 162 138 Parks Tax Parks, Recreation, and
Waterfront
61,089 PRWT122004 Willard Clubhouse Restroom
Replacement
Carryover Funds from Willard Clubhouse Restroom
Replacement
163 138 Parks Tax Parks, Recreation, and
Waterfront
403,376 PRWT122005 Tom Bates Restroom/
Community Space
Carryover Funds from Tom Bates Restroom/Community Space 164 138 Parks Tax Parks, Recreation, and
Waterfront
29,497 PRWPK23002 FY23 Parks Minor Maintenance Carryover Funds from FY23 Parks Minor Maintenance 165 138 Parks Tax Parks, Recreation, and
Waterfront
50,000 PRWPK26001 FY26 Minor Maintenance Adjustment to add $50K to Minor Maintenance Budget to align budget with Parks Tax forecast.
166 138 Parks Tax Parks, Recreation, and
Waterfront
26,644 8,721 NexGEN Maintenance Carryover funds for FY25 NexGEN invoice.
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 167 138 Parks Tax Parks, Recreation, and
Waterfront
35,100 PRWPK26006 Seltzer Donation for Thousand
Oaks Park Play Area
Adjustment for Seltzer memorial park play structure at
Thousand Oaks Park. Expenditure is fully offset by revenue from donations.
168 138 Parks Tax Parks, Recreation, and
Waterfront
3,400 Bench Donation Adjustment to spend donated funds for memorial benches.
Expenditure is fully offset by revenue from donations.
138 Total 2,495,513 97,221
169 139 SOSIP Public Works 100,000 PWFMEL2402 MLK/Haste Signal Carryover funds to continue MLK/Haste Signal Project 169 139 SOSIP Public Works 100,000 PWENST2402 Harold Way Placemaking Carryover funds to continue the Harold Way Placemaking Project
139 Total 200,000 0
170 142 Streetlight Assessment Public Works 20,800 PWTRBP2201 MLK Jr. Vision Zero Quick Build Carryover funds to continue MLK Jr. Way Vision Zero Quick Build. Project to be completed before Mid-Year.
171 142 Streetlight Assessment Public Works 40,380 PWENBM2508 Animal Shelter Landscape Repair
Carryover funds to continue Animal Shelter Landscape Repair.
Project to be completed before Mid-Year.
172 142 Streetlight Assessment Public Works 5,578 PWENID2501 UUD #48 Undergrounding FY26 Increase
Carryover funds for UUD #48 Undergrounding. Project to be completed before Mid-Year
173 142 Streetlight Assessment Public Works 50,000 PWENUD2501 UUD #48 Undergrounding FY25 Carryover
Appropriate funds for UUD #48 Undergrounding Project
Contingency
174 142 Streetlight Assessment Public Works 185,642 PWENUD2501 UUD #48 Undergrounding FY25 Carryover
Carryover funds for UUD #48 Undergrounding. Project to be completed before Mid-Year
175 142 Streetlight Assessment Public Works 50,000 Appropriate funds to support electrical services contracts 176 142 Streetlight Assessment Public Works 200,000 Appropriate funds for street light supplies for current electrical work and projects
177 142 Streetlight Assessment Public Works 332,777 PWENEL2401 Carryover funds for streetlight replacement required for public safety and energy efficiency
142 Total 585,177 300,000
178 143 Business Economic
Development
City Manager 159,410 256,223 Carryover funding for the Business Economic Development projects
143 Total 159,410 256,223
179 144 Citywide RLF City Manager 368,414 Working Solutions RLF Appropriate funds to pay Working Solutions for the Revolving Loan Fund program
144 Total 0 368,414
180 147 UC Settlement LRDP Health Housing, and
Community Services
920,000 Small Sites Program funding for
FY26 (new funds)
New FY26 Small Sites Program funds, available through an active NOFA. To be transferred to the local housing trust fund. 181 147 UC Settlement LRDP Public Works 22,647 PWT1CB2202 Restrooms in the ROW Carryover funds to complete Restrooms in the ROW. Project to be completed before Mid-Year
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 182 147 UC Settlement LRDP Public Works 111,000 PWTRST2502 Derby/Warring Traffic Safety Imp
Carryover funds to complete Derby/Warring Traffic Safety Imp.
Now in construction phase.
183 147 UC Settlement LRDP Public Works 69,210 PWTRCS2001 Southside Complete Streets Carryover to complete Southside Complete Streets Project. Now in construction phase.
184 147 UC Settlement LRDP Public Works 2,071 PWTRCS2001 Southside Complete Streets Appropriate funds to complete Southside Complete Streets Project. Now in construction phase.
185 147 UC Settlement LRDP Public Works 48,309 PWENST2310 Piedmont Channing Traffic Circle
Carryover funds to complete the Piedmont Channing Traffic Circle Project, now in construction phase.
147 Total 251,166 922,071
186 148 Cultural Trust City Manager 2,832,047 Cultural Trust Carryover funding to finance public art projects throughout the City.
148 Total 2,832,047 0
187 149 Private Party Sidewalks Public Works 108,539 2,449 PWENSW2401 FY2024 Sidewalk Repairs Program
Carryover funds for the FY24 Sidewalk Repairs Program.
188 149 Private Party Sidewalks Public Works 200,000 PWT1ST2202 T1 PH 2 Bollards Carryover funds for T1 PH 2 Bollards 189 149 Private Party Sidewalks Public Works 25,000 PWT1SW2201 T1 PH 2 Sidewalk Maintenance & Safety Rep
Carryover funds for T1 PH 2 Sidewalk Mtc & Safety Rep
190 149 Private Party Sidewalks Public Works 450,000 FY26-FY27 Curb Ramp & Sidewalk Repairs/Maintenance
Appropriate funding to establish funding for the FY26-FY27 Sidewalk Program
149 Total 333,539 452,449
191 150 Public Art City Manager 109,416 77,583 Various public art projects Carryover funding for pending Public Art projects 192 150 Public Art City Manager 49,030 Various public art projects - Labor costs
Carryover funding to allow for the charging of staff time for project administration.
193 150 Public Art City Manager 34,307 Various public art projects Carryover funding for pending Public Art projects 150 Total 109,416 160,920
193 159 Citizens Options Police 700,000 Under cover vehicle contract, On-call Phlebotomists contract
Continue various contracts for support of police operations 159 Total 0 700,000
194 302 Operating Grants - State Health Housing, and
Community Services
237,473 Bay Area Community Services
Contract
Appropriate funding for the Bay Area Community Services Contract. Approved per Council Res. No. 71,861-N.S. dated 06/24/2025 (Community Agency)
195 302 Operating Grants - State Health Housing, and
Community Services
3,878,850 St. Paul Terrace development
loan - LHTR
Appropriate funding for St. Paul Terrace development loan (Resos 70,407 & 71,549). Estimated loan closing in November.