Berkeley City Council
December 2, 2025

Tuesday, December 2, 2025 AGENDA Page 1
AGENDA

BERKELEY CITY COUNCIL MEETING
Tuesday, December 2, 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: 160 966 0575. 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, December 2, 2025 AGENDA Page 2
Preliminary Matters
Roll Call:

Land Acknowledgement Statement: The City of Berkeley recognizes that the community we live in was built on the territory of xučyun (Huchiun (Hooch-yoon)), the ancestral and unceded land of the Chochenyo (Cho-chen-yo)-speaking Ohlone (Oh-low-nee) people, the ancestors and descendants of the sovereign Verona Band of Alameda County. This land was and continues to be of great importance to all of the Ohlone Tribes and descendants of the Verona Band. As we begin our meeting tonight, we acknowledge and honor the original inhabitants of Berkeley, the documented 5,000 -year history of a vibrant community at the West Berkeley Shellmound, and the Ohlone people who continue to reside in the East Bay. We recognize that Berkeley’s residents have and continue to benefit from the use and occupation of this unceded stolen land since the City of Berkeley’s incorporation in 1878. As stewards of the laws regulating the City of Berkeley, it is not only vital that we recognize the history of this land, but also recognize that the Ohlone people are present members of Berkeley and other East Bay communities today. The City of Berkeley will continue to build relationships with the Lisjan Tribe and to create meaningful actions that uphold the intention of this land acknowledgement.

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

1. Evie Wozniak, Community Activist
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, December 2, 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. Amendments to Ordinance Prohibiting the Sale or Use of Coordinated Pricing Algorithms (BMC 13.63)
From: City Attorney
Recommendation: Adopt second reading of Ordinance No. 7,992-N.S. amending the Ordinance Prohibiting the Sale or Use of Coordinated Pricing Algorithms (BMC

13.63).

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

Financial Implications: See report
Contact: Farimah Brown, City Attorney, (510) 981-6950

Consent Calendar
Tuesday, December 2, 2025 AGENDA Page 4

2. Amendment: FY 2026 Annual Appropriations Ordinance
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,993-N.S. 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.

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

Financial Implications: See report
Contact: Maricar Dupaya, Budget Manager, (510) 981-7000

3. Sanctuary City Contracting Ordinance Updates
From: Councilmember Lunaparra (Author), Mayor Ishii (Co-Sponsor), Councilmember Humbert (Co-Sponsor), Councilmember Blackaby (Co- Sponsor)
Recommendation: Adopt second reading of Ordinance No. 7,994-N.S. amending 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.

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

Financial Implications: None
Contact: Cecilia Lunaparra, Councilmember, District 7, (510) 981-7170

4. Zoning Ordinance Amendments to Title 23 of the Berkeley Municipal Code for Consistency with State Law and Technical Edits (SLTE 2025) From: City Manager
Recommendation: Adopt the second reading of Ordinance No. 7,995-N.S. 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 First Reading Vote: All Ayes.

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

Consent Calendar
Tuesday, December 2, 2025 AGENDA Page 5

5. Minutes for Approval
From: City Manager
Recommendation: Approve the minutes for the Council meetings of November 6, 2025 (special), November 10, 2025 (closed), November 10, 2025 (regular), November 18, 2025 (special and regular).

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

6. Revised Conflict of Interest Code
From: City Manager
Recommendation: Adopt a Resolution approving a revised Conflict of Interest Code for the City of Berkeley and rescinding Resolution No. 71,108–N.S.

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

7. Acceptance of Grant Funds and Contract: Healthy Black Families – Equity 4 Black Berkeley (E4BB) Transition
From: City Manager
Recommendation: Adopt a Resolution: 1. Accepting $90,000 in grant funds from the San Francisco Foundation to support the Equity 4 Black Berkeley (E4BB) initiative; and 2. Authorizing the City Manager, or designee, to execute a contract and any amendments with Healthy Black Families (HBF) for an amount not to exceed $90,000 to provide technical assistance, fiscal sponsorship, and organizational development services to support the establishment of an independent nonprofit organization to carry forward the work of Equity 4 Black Berkeley.

Financial Implications: See report
Contact: Rex Brown, City Manager’s Office, (510) 981-7000

8. Authorizing the City Manager to Sign the Downtown Property-Based Business Improvement District (PBID) Petition and Ballot on Behalf of the City of Berkeley
From: City Manager
Recommendation: Adopt a Resolution: 1. Authorizing the City Manager to approve and sign the “Preliminary Petition to Reestablish the Downtown Berkeley Property- Based Business Improvement District” document on behalf of City-owned properties in the proposed Downtown PBID area; and 2. In the event the petition is successful in generating a ballot process to reestablish a Downtown PBID, authorizing the City Manager to vote YES on any ballots on behalf of City-owned properties in the proposed Downtown PBID area.

Financial Implications: See report
Contact: Eleanor Hollander, Economic Development, (510) 981-7530

Consent Calendar
Tuesday, December 2, 2025 AGENDA Page 6

9. Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on December 2, 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

10. Contract: CentralSquare Technologies, LLC for Dispatch Center Software and Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or their designee to enter into a contract with Central Square Technologies, LLC for Dispatch Center software and services using Sourcewell Contract No. 030425. The four-year contract base period will begin on December 1, 2025, and end November 30, 2029, and will not exceed $103,635. There will be two optional one-year extensions, from December 1, 2029, to November 30, 2031. The total six-year contract amount will not exceed $212,602 which includes a $20,000 contingency.

Financial Implications: See report
Contact: David Sprague, Fire, (510) 981-3473

11. Revenue Contract: 2026 Community Services Block Grant From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or designee to:

1. Accept the 2026 Community Services Block Grant (CSBG) contract to provide services for low-income people from January 1, 2026, to April 30, 2027; and, 2.

Execute any resultant agreements and amendments including amendments that may decrease or increase the contract amount, add discretionary funding, and change or update the contract terms.

Financial Implications: See report
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5100

12. Contract No. 32000232 Amendment: Worldwide Travel Staffing for Nurse Registry Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or designee to amend Contract No. 32000232 with Worldwide Travel Staffing for nurse registry services for a total contract amount not to exceed $1,772,580 through June 30, 2027. This amendment will add $500,000 in funding and two years to the contract term, through June 30, 2027.

Financial Implications: See report
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5100

Consent Calendar
Tuesday, December 2, 2025 AGENDA Page 7

13. Loan Modifications for Existing Housing Trust Fund Projects: Margaret Breland Homes (2577 San Pablo Avenue) and Mable Howard Apartments (3250 Sacramento Street)
From: City Manager
Recommendation: Adopt a Resolution approving amendments to existing Housing Trust Fund (HTF) loan documents for Margaret Breland Homes and Mable Howard Apartments to: 1. Approve the transfer of ownership of both properties to Berkeley Senior Recap, L.P., a new ownership entity formed to apply for Low-Income Housing Tax Credits (LIHTC), with Resources for Community Development (RCD) as the Managing General Partner; 2. Approve the addition of the future tax credit investor limited partner at the time of the construction loan closing, as required by the LIHTC program; 3. Approve the extension of the City’s current loans and regulatory agreements for both properties to new 55-year periods and the reduction of interest rates from 6% simple interest to the Applicable Federal Rate (AFR) in effect at the time of construction loan closing (currently approximately 4.8%); and 4. Authorize the City Manager or their designee to execute all documents required to effectuate these actions, including amendments to existing loan agreements.

Financial Implications: See report.

Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5100

14. Contract No. 081263-1 Amendment: Uprise Claremont Behavioral Services for Employee Assistance Program Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 081263-1 with Uprise Claremont Behavioral Services (Claremont) in order to provide continued services for the Employee Assistance Program (EAP) by approving the rate increases for January 1, 2026 through January 1, 2029 and extending the contract from December 31, 2025 through January 1, 2029.

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

15. Adoption of Successor Memorandum Agreement: International Brotherhood of Electrical Workers Local 1245
From: City Manager
Recommendation:

1. Adopt a Resolution approving the successor three-year Memorandum Agreement with the International Brotherhood of Electrical Workers Local 1245 with a term of July 1, 2025, through June 30, 2028, authorizing the City Manager to execute and implement the revised terms and conditions of employment set forth in the Memorandum Agreement; and

2. Adopt a new classification and salary resolution for International Brotherhood of Electrical Workers, Local 1245 and rescinding Resolution No. 70,453-N.S.

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

Consent Calendar
Tuesday, December 2, 2025 AGENDA Page 8

16. Contract: Plante Moran for Professional Services and Licensing of Informatica Integration Platform as a Service (iPaaS)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract with Plante Moran for professional services and software licensing of the Informatica Integration Platform as a Service (iPaaS) in an amount not to exceed $700,000 from December 3, 2025 through December 31, 2027.

Financial Implications: See report
Contact: Kevin Fong, Information Technology, (510) 981-6500

17. Contract No. 32400019 Amendment: Berkeley Community Media for Public Access Television
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 32400019 with Berkeley Community Media (“BCM”) for Public, Educational, and Governmental (“PEG”) access services for an additional $150,000 for a total not to exceed amount of $1,004,130.

Financial Implications: PEG Access Fund - $150,000
Contact: Kevin Fong, Information Technology, (510) 981-6500

18. Contract No. 32400104 Amendment: SmartWave for City Facility Managed Wi-Fi From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 32400104 with Smartwave Technologies LLC, for managed Wi-Fi and related services increasing the amount by $280,000 for a total not-to-exceed amount of $900,000 from July 25, 2023 to June 30, 2027.

Financial Implications: See report
Contact: Kevin Fong, Information Technology, (510) 981-6500

19. Contract No. 31900184 Amendment: Alcor Solutions, Inc. for Professional Services for ServiceNow and Intranet
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to contract No. 31900184 with Alcor Solutions, Inc. for professional services for ServiceNow and the City’s Intranet increasing the amount by $155,000 for an amended total not to exceed amount of $990,564 from February 14, 2017 to June 30, 2026.

Financial Implications: IT Cost Allocation Fund - $155,000 Contact: Kevin Fong, Information Technology, (510) 981-6500

Consent Calendar
Tuesday, December 2, 2025 AGENDA Page 9

20. Donation for the Thousand Oaks School Park Improvement Project in Memory of Michael Seltzer
From: City Manager
Recommendation: Adopt a Resolution accepting a cash donation of up to $80,000 for the Thousand Oaks School Park Improvement Project in memory of Michael Seltzer.

Financial Implications: See report.

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

21. Contract: Bauman Landscape and Construction, Inc. for The Tom Bates Regional Sports Complex Community Facility, Pickleball Courts and U8 Soccer Field Project
From: City Manager
Recommendation: Adopt a Resolution: 1. Approving the plans and specifications for the Tom Bates Regional Sports Complex Community Facility, Pickleball Courts and U8 Soccer Field Project (Bid Specification No. 25-11736-C); and 2. Rejecting the bid protest of Azul Works, Inc., the second-lowest bidder; and 3. Accepting the bid of Bauman Landscape and Construction, Inc. as the lowest responsive and responsible bidder on the Project; and 4. 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 Bauman Landscape and Construction, Inc., for the Tom Bates Regional Sports Complex Community Facility, Pickleball Courts and U8 Soccer Field Project, in an amount not to exceed $6,515,433, which includes a contract base amount of $5,223,909 and additive bid No. 1 in the amount of $769,134 and an 8.7% contingency in the amount of $522,391 for unforeseen circumstances.

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

22. Grant Application: Environmental Enhancement and Mitigation (EEM) Tree Planting Proposal
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to submit an Environmental Enhancement and Mitigation (EEM) grant application to plant urban forest trees in the amount up to $750,000; to accept the grant; to execute any resultant revenue agreements and amendments; and authorizing the implementation of the project and appropriation of funding for related expenses, subject to securing the grant.

Financial Implications: One-Time Grants Fund - $750,000 (revenue) Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

Consent Calendar
Tuesday, December 2, 2025 AGENDA Page 10

23. Grant Application: Ocean Protection Council SB1 funds for the University Ave Sea-Level Rise Adaptation Plan
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or his designee to submit a grant application to the Ocean Protection Council SB1 program for the University Ave Sea-Level Rise Adaptation Plan for up to $500,000; 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.

Financial Implications: $500,000 (revenue)
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

24. Grant Application: the CA Economic Development Department’s Employment Training and Pathways Program Funding for Additional YouthWorks Participants
From: City Manager
Recommendation: Adopt a Resolution designating the City Manager or his designee as the authorized signatory to submit a grant application to the CA Employment Training and Pathways Program for up to $600,000; accept the grant; execute all necessary agreements, contracts, and documents required to secure and administer said funds; and the City Council authorizes the implementation of the projects and appropriation of funding for related expenses, subject to securing the grant.

Financial Implications: $600,000 (revenue)
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

25. Contract: Passport Labs Incorporated for Parking Citation and Permit Management System (CPMS)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any necessary amendments with Passport Labs Inc. for a Parking Citation and Permit Management System for a three-year contract for a total of $1.7 million dollars with an option to extend the contract for two years for a maximum length of five years.

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

Consent Calendar
Tuesday, December 2, 2025 AGENDA Page 11
26a. Loan Modification Requests for Housing Trust Fund Projects at 1139 Hearst Avenue, 3253 Adeline Street, and 1471 Addison Street and Update Interest Rates and Accrued Interest on Housing Trust Fund Loans
From: Housing Advisory Commission
Recommendation: Adopt a Resolution approving the following actions for Housing Trust Fund (HTF) loans and direct staff to examine the HTF administrative guidelines:

1. Extend Resources for Community Development’s existing HTF loan for 1139 Hearst Avenue (Hearst Street Apartments) for five years and reduce the interest rate for the remaining term to 3% simple interest. The principal amount of $916,000 will remain the same.

2. Combine South Berkeley Neighborhood Development Corporation’s three HTF loans for 3253 Adeline Street (Lorin Station) into a new loan in the amount of $1,230,117, with 0% interest and a new loan maturity date of May 7, 2079, to align with their 2021 emergency rehab loan. The Regulatory Agreement will have a term of May 7, 2079, to be coterminous with the loan maturity date.

3. Refinance existing HTF loan for 1471 Addison Street (Addison Court Housing Cooperative) into a new loan with a 55-year term and 3% simple interest. The principal amount of $150,000 will remain the same. The Regulatory Agreement will have a term of November 1, 2080, to be coterminous with the loan maturity date.

4. Authorize the City Manager or designee to execute all documents required to effectuate these actions, including amendments to existing loan agreements.

5. Forgive the accrued interest as of the effective date of the new and/or amended loan for each new loan for Hearst Street Apartments, Lorin Station, and Addison Court Housing Cooperative.

6. Direct staff to examine the HTF administrative guidelines to update the standards for interest rates and accrued interest for future HTF loans.

Financial Implications: See report
Contact: Mike Uberti, Commission Secretary, (510) 981-7400

Consent Calendar
Tuesday, December 2, 2025 AGENDA Page 12
26b. Companion Report: Loan Modification Requests for Housing Trust Fund Projects at 1139 Hearst Avenue, 3253 Adeline Street, and 1471 Addison Street and Update Interest Rates and Accrued Interest on Housing Trust Fund Loans From: City Manager
Recommendation: Adopt a Resolution approving the following actions to modify three existing Housing Trust Fund (HTF) loans by:

1. Authorizing the City Manager or designee to extend Resources for Community Development’s existing HTF loan for 1139 Hearst Avenue (Hearst Street Apartments) for five years and reducing the interest rate for the remaining term to 3% simple interest. The principal amount of $916,000 will remain the same.

2. Authorizing the City Manager or designee to combine South Berkeley Neighborhood Development Corporation’s three HTF loans for 3253 Adeline Street (Lorin Station) into a new loan in the amount of $1,230,117, with 0% interest and a new loan maturity date of May 7, 2079, to align with their 2021 emergency rehab loan. The Regulatory Agreement will have a term of May 7, 2079, to be coterminous with the loan maturity date.

3. Authorizing the City Manager or designee to refinance the existing HTF loan for 1471 Addison Street (Addison Court Housing Cooperative) into a new loan with a 55- year term and 3% simple interest. The principal amount of $150,000 will remain the same. The Regulatory Agreement will have a term of November 1, 2080, to be coterminous with the loan maturity date.

4. Authorizing the City Manager or designee to execute all original or amended documents or agreements to effectuate these actions, including amendments to existing loan agreements.

5. Direct staff to examine the HTF administrative guidelines to update the standards for interest rates and accrued interest for future HTF loans.

Financial Implications: See report.

Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5100

27a. Affordable Housing for Artists Report
From: Housing Advisory Commission, Civic Arts Commission Recommendation: Approve the “Keeping Creativity Local: A Strategic Response to Affordable Housing for Artists” report and direct the City Manager to evaluate and implement the report recommendations as appropriate.

Financial Implications: See report
Contact: Snow Zhu, Commission Secretary, (510) 981-5100, Jennifer Lovvorn, Commission Secretary, (510) 981-7530

Consent Calendar
Tuesday, December 2, 2025 AGENDA Page 13
27b. Companion Report: Affordable Housing for Artists Report From: City Manager
Recommendation: Receive the Keeping Creativity Local: A Strategic Response to Affordable Housing for Artists report. Should the Council wish to move forward with any of the report’s policy recommendations, refer them to the budget process for evaluation of resource needs, feasibility, and prioritization through Reweighted Range Voting (RRV) process.

Financial Implications: See report.

Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5100

Council Consent Items

28. Annual Berkeley Holiday Fund: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Fund
From: Mayor Ishii (Author), Councilmember Tregub (Co-Sponsor), Councilmember Blackaby (Co-Sponsor)
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $500 per Councilmember including $500 from Mayor Ishii, $500 from Councilmember Blackaby, and $250 from Councilmember Igor Tregub to the Berkeley Holiday Fund with funds relinquished to the City’s general fund for this purpose from the discretionary Council Office Budgets of Mayor Ishii and any other Councilmembers who would like to contribute.

Financial Implications: See report
Contact: Adena Ishii, Mayor, (510) 981-7100

29. Urban Compassion Project: Relinquishment of Council Office Budget Funds to General Fund for Grant of Such Funds
From: Councilmember Kesarwani (Author), Mayor Ishii (Co-Sponsor), Councilmember O'Keefe (Co-Sponsor), Councilmember Lunaparra (Co- Sponsor)
Recommendation: Adopt a resolution approving the expenditure of an amount not to exceed $1,000 per Councilmember including a $1,000 donation from Councilmember Kesarwani and $1,000 from Mayor Ishii to the Urban Compassion Project with funds relinquished to the City’s General Fund for this purpose from the discretionary Council Office Budget of Councilmember Kesarwani and Mayor Ishii and any other Councilmembers who would like to contribute.

Financial Implications: See report
Contact: Rashi Kesarwani, Councilmember, District 1, (510) 981-7110

30. Resolution for Unionization Efforts by Employees of Ècole Bilingue From: Councilmember Taplin (Author), Councilmember Tregub (Co-Sponsor), Councilmember Lunaparra (Co-Sponsor)
Recommendation: Adopt a Resolution in support of Ècole Bilingue de Berkeley administrative, support, and enrichment staff unionization effort.

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

Council Consent Items
Tuesday, December 2, 2025 AGENDA Page 14

31. Creations Berkeley – Black Joy Club Kwanzaa Toy Drive and Celebration on December 11, 2025 – Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds
From: Councilmember Bartlett (Author)
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $250 per Councilmember, including $250 from the discretionary Council Office Budget of Councilmember Ben Bartlett, to Creations Berkeley Media & Performing Arts, Inc., to support the Black Joy Club’s Kwanzaa Toy Drive and Celebration at Sylvia Mendez Elementary School on Wednesday, December 11, 2025. The funds will be relinquished to the City’s General Fund from the Discretionary Council Office Budget of Councilmember Ben Bartlett and the Discretionary Council Office Budgets of any other Councilmembers who would like to contribute.

Financial Implications: Councilmember’s Discretionary Funds - $250 Contact: Ben Bartlett, Councilmember, District 3, (510) 981-7130

32. Budget Referral: FY26 AAO1 Downtown Berkeley Revitalization Projects From: Councilmember Tregub (Author)
Recommendation: Refer the (1) Addison Catenary Lighting Project, (2) Oxford for All proposal, and (3) Harold Way Placemaking Project schematic design to the Fiscal Year 2026 (FY26) Annual Appropriations Ordinance #1 (AAO1) budget process to be funded through the Street and Open Space Improvement Plan (SOSIP) and/or Long- Range Development Plan (LRDP) Funds.

These projects are high-impact investments in Downtown Berkeley’s ongoing revitalization. By transforming these key downtown spaces into safe, visually captivating, walkable destinations, these projects will encourage more residents, students, and visitors to explore local shops, restaurants, and cultural venues. These projects will highlight Berkeley’s creative and transit-oriented character, inviting people to visit, linger, take photos, and share their experiences. As pedestrian and bike traffic increases, existing businesses will be encouraged to extend hours, host outdoor events, and new businesses will be encouraged to occupy vacant storefronts creating a positive cycle of growth and reinvestment that benefits the entire community.

Through public-private collaboration and thoughtful designs, these initiatives will transform Downtown Berkeley with a spirit of creativity, inclusivity, urban vibrancy, and transit safety-- a place where people want to gather, spend time, and contribute to the city’s economic life.

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

Council Consent Items
Tuesday, December 2, 2025 AGENDA Page 15

33. Referral to the City Manager and City Attorney: Vibrant Storefront Policy From: Councilmember Tregub (Author), Mayor Ishii (Co-Sponsor), Councilmember Blackaby (Co-Sponsor), Councilmember O'Keefe (Co- Sponsor)
Recommendation: Referral to the City Manager and City Attorney to develop a vibrant storefront policy that sets performance standards and considers additional strategies to address a growing number of ground-floor storefront vacancies in Berkeley’s commercial districts.

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

34. Annual Report on Gifts Received
From: Councilmember O’Keefe (Author)
Recommendation: Accept the Library’s annual reporting to the City Council of gifts received in FY 2025 as mandated by CC Resolution No. 65,444-N.S.

Financial Implications: None
Contact: Shoshana O'Keefe, Councilmember, District 5, (510) 981-7150, Henry Bankhead, Library, (510) 981-6100

35. Board of Library Trustees Reappointment: Beverly Greene From: Councilmember O’Keefe (Author)
Recommendation: Adopt a Resolution Approving the Reappointment of Beverly Greene to the Board of Library Trustees (“BOLT”) for a second term of four years commencing December 3, 2025.

Financial Implications: None
Contact: Shoshana O'Keefe, Councilmember, District 5, (510) 981-7150, Henry Bankhead, Library, (510) 981-6100

36. Notifying Residents of Upcoming Public Works Projects in their Neighborhoods
From: Councilmember Blackaby (Author), Councilmember Tregub (Co- Sponsor), Councilmember Kesarwani (Co-Sponsor), Councilmember Taplin (Co-Sponsor)
Recommendation: Referral to the City Manager to develop a proactive communication system to alert the community of upcoming infrastructure projects from Public Works, EBMUD, PG&E, and other large housing or commercial development projects.

Financial Implications: Staff time
Contact: Brent Blackaby, Councilmember, District 6, (510) 981-7160

Council Consent Items
Tuesday, December 2, 2025 AGENDA Page 16

37. Berkeley Symphony Orchestra Winter Promenade: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds From: Councilmember Lunaparra (Author), Mayor Ishii (Co-Sponsor), Councilmember Tregub (Co-Sponsor), Councilmember O'Keefe (Co-Sponsor) Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $500 per Councilmember, including $500 from Councilmember Lunaparra’s discretionary fund and funds from any other Councilmembers who would like to contribute to the Berkeley Symphony Orchestra (BSO) for their 2025 Winter Promenade fundraising event with funds relinquished to the City’s general fund for this purpose.

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

Action Calendar
The public may comment on each item listed on the agenda for action. For items moved to the Action Calendar from the Consent Calendar or Information Calendar, persons who spoke on the item during the Consent Calendar public comment period may speak again during the Action Calendar public comment period on the item
The Presiding Officer will request that persons wishing to speak line up at the podium, or use the "raise hand" function in Zoom, to determine the number of persons interested in speaking at that time. If ten or fewer persons are interested in speaking on an individual agenda item, each speaker may speak for two minutes. If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker. Speakers are permitted to yield their time to one other speaker, however no one speaker shall have more than four minutes. Th e 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, December 2, 2025 AGENDA Page 17

38. Renewal of the Elmwood Avenue BID for Calendar Year 2026 From: City Manager
Recommendation: Conduct a public hearing and, upon conclusion, adopt a Resolution confirming the Annual Report and Budget for the Elmwood Business Improvement District (hereafter, “the District”, “the Elmwood BID” or “the BID”) for 2025-26 and, if no majority protest exists, levy annual assessments in the District for calendar year 2026 to finance services and improvements and authorize a fiscal agency contract with Elmwood Business Association for receipt and expenditure of District funds.

Financial Implications: See report
Contact: Eleanor Hollander, Economic Development, (510) 981-7530

39. Renewal of the Solano Avenue BID for Calendar Year 2026 From: City Manager
Recommendation: Conduct a public hearing and, upon conclusion, adopt a Resolution confirming the Annual Report and Budget for the Solano Avenue Business Improvement District (hereafter, “Solano BID Advisory Board” or “the BID”) for 2025-2026 and, if no majority protest exists, levy annual assessments in the District for calendar year 2026 to finance services and improvements and authorize a fiscal agency contract for receipt and expenditure of District funds.

Financial Implications: See report
Contact: Eleanor Hollander, Economic Development, (510) 981-7530

40. Adoption of the 2025 California Fire Code with Local Amendments – Second Reading
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion adopt the second reading of Ordinance No. 7,990-N.S. repealing and reenacting the Berkeley Fire Code, including amendments to the California Fire Code as outlined in the proposed ordinance, plus Appendix Chapters D, E, F, O and P published by the International Code Council not included in the California Building Standards Code, as Berkeley Municipal Code Chapter 19.48.

First Reading Vote: All Ayes.

Financial Implications: See report
Contact: David Sprague, Fire, (510) 981-3473

41. Adoption of and Amendments to the California Wildland-Urban Interface (WUI) Code – Second Reading
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion adopt the second reading of Ordinance No. 7,991-N.S. creating a new Berkeley Municipal Code Chapter 19.49 and adopting the 2025 California Wildland-Urban Interface (WUI) Code, Title 24 Part 7, along with local amendments.

First Reading Vote: All Ayes
Financial Implications: See report
Contact: David Sprague, Fire, (510) 981-3473

Action Calendar – Public Hearings
Tuesday, December 2, 2025 AGENDA Page 18

42. Amendments to Title 23 (Zoning) to Allow the Retail Sale of Alcohol in the Telegraph Avenue Commercial (C-T) Zoning District
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion, adopt the first reading of an ordinance amending the BMC Title 23 Section 23.204.020 to allow the retail sale of alcohol in the Telegraph Avenue Commercial (C-T) zoning district.

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

43. 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

Information Reports

44. Economic Impact Study: Berkeley's Creative Economy and Assessment of Pandemic Relief Investments
From: City Manager
Contact: Eleanor Hollander, Economic Development, (510) 981-7530

45. Sanctuary City Contracting Compliance Report for FY 2024 and 2025 From: City Manager
Contact: Henry Oyekanmi, Finance, (510) 981-7300

46. Housing Advisory Commission Fiscal Year 2026 Work Plan From: Housing Advisory Commission
Contact: Snow Zhu, Commission Secretary, (510) 981-5100

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.

Tuesday, December 2, 2025 AGENDA Page 19
Archived indexed video streams are available at: berkeleyca.gov/council-agendas.

Channel 33 rebroadcasts the following Wednesday at 9:00 a.m. and Sunday at 9:00 a.m.

Communications to the City Council are public record and will become part of the City’s electronic records, which are accessible through the City’s website. Please note: e-mail addresses, names, addresses, and other contact information are not required, but if included in any communication to the City Council, will become part of the public record. If you do not want your e-mail address or any other contact information to be made public, you may deliver communications via U.S. Postal Service to the City Clerk Department at 2180 Milvia Street. If you do not want your contact information included in the public record, please do not include that information in your communication. Please contact the City Clerk Department for further information.

Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the public counter at the City Clerk Department located on the first floor of City Hall located at 2180 Milvia Street, and through the City's online records portal:
https://records.cityofberkeley.info/.

Agendas, agenda reports, and revised/supplemental material may be accessed via the online agenda for this meeting at: berkeleyca.gov/council-agendas
and may be accessed at reference desks at the following locations:

City Clerk Department - 2180 Milvia Street, First Floor Tel: 510-981-6900, TDD: 510-981-6903, Fax: 510-981-6901 Email: [email protected]

Libraries: Main – 2090 Kittredge Street,
Claremont Branch – 2940 Benvenue, West Branch – 1125 University, North Branch – 1170 The Alameda, Tarea Hall Pittman South Branch – 1901 Russell

COMMUNICATION ACCESS INFORMATION:

This meeting is being held in a wheelchair accessible location.

To request a disability-related accommodation(s) to participate in the meeting, including auxiliary aids or services, please contact the Disability Services specialist at [email protected], (510) 981-6418 (V), or (510) 981-6347 (TDD) at least three business days before the meeting date.

Attendees at public meetings are reminded that other attendees may be sensitive to various scents, whether natural or manufactured, in products and materials. Please help the City respect these needs.

Captioning services are provided at the meeting, on B -TV, and on the Internet. In addition, assisted listening devices for the hearing impaired are available from the City Clerk prior to the meeting, and are to be returned before the end of the meeting.

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

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Tuesday, December 2, 2025 AGENDA Page 20
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 20, 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.

Bell-to-Bell Mobile Device Policy

1. Erica Tsai

2. Amy Hill

3. Claudia Cattoglio and Davide Pietrobon

Flock Concerns

4. Lisa Ferguson

5. Amy Berlin

6. Diana Bohn

7. Summer Brenner

8. Elana Auerbach

9. Sepehr Nadimi

10. Madison Toloui

11. Berkeley Immigration Collaborative

12. Brian Hofer on behalf of Secure Justice

Upzoning

13. Utkarsh Nath (2)

14. Elke Glendenning

15. Baruch Moskovits (2)

16. Vivian Dempsey

17. Jeremy Poindexter (2)

EMBER

18. Margot Murtaugh

Public Safety Hazard Concern

19. Varun Paul

Berkeley Marina Concerns

20. Todd Jersey

21. Elizabeth Kowal and Constantine Philipides

Tuesday, December 2, 2025 AGENDA Page 21

Measure BB

22. Courtney Pal on behalf of non-profit affordable housing providers

Berkeley Police at City Council Meetings

23. Jesse Sheehan

Parking Garage on Milvia

24. Ben Gerhardstein

25. Ben Gerhardstein and Liza Lutzker on behalf of Walk Bike Berkeley

Carleton Street

26. Andrew Browning

2025 Bike Plan

27. Harald Leventhal

Veterans Building

28. Berkeley Community Latino Exhibit

Downtown Concerns

29. Elise Proulx

CAL Green Code Amendments

30. Danielle Amador

31. Zella Carmichael-Price

32. Maragaret Solomon

33. Duke Cruz Dela Rosa

34. Sanjna Shah

College Ave and Garber St. Crossing Concern

35. Anne Whyte

Measure FF

36. Joel Libove

Senior Transportation Waitlist

37. Ariadne Fellows-Mannion

Housing Concern

38. Hector91 Phuentes (3)

Missing Middle

39. Caephren McKenna (2)

Tuesday, December 2, 2025 AGENDA Page 22
2274 Shattuck Ave

40. Caephren McKenna (2)

City Council Concerns

41. Nicholas Lavrov

2136-2154 San Pablo

42. Brandon Yung

Property Taxes

43. Stephani Lesh

City Concern

44. John Vail

Landmarking

45. Harry Delmer

46. S. Entwistle

Holiday Party

47. John Craner

Street Fairs

48. Charles Siegel on behalf of Wike Bike Berkeley

49. Alfred Twu

50. Charles Siegel (2)

51. Barbara Bent

Renovation Schedule

52. Alex Merenkov

Berkeley Recycling Center

53. Lidia Villagomez

Formal Complaint

54. Jon Ruel Holder II

Density Paradox in LA

55. John J. Parman

Protecting Special Events

56. Lisa Bullwinkel

Signatures for Landmark Sites

57. Stephen Alpert (3)

58. Beth Gerstein

Tuesday, December 2, 2025 AGENDA Page 23

Holiday Promotions

59. Beth Roessner

UCB Mater Leasing

60. Barbara Gilbert

Property Damage Concern

61. Beatrice Huff

2298 Durant and 2360 Ellsworth

62. Heidi Webb on behalf of Jolene Kramer and Andrea Matsuoka

Newsletters

63. Downtown Berkeley Association

64. Visit Berkeley

New Multi-Unit Buildings

65. Kelly Hammargren

Elementary Reading Program

66. Marina Ostrowicki

Letter

67. Eids TV

URL’s

68. Russbumper (4)

Forwards

69. Russbumper (3)

E-Scooters

70. Robert Borghese (10)

71. Devin Dollinger (4)

72. Carson Lepre (3)

73. Chandana Silarp

74. Sukka Vinay Kumar

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.

Tuesday, December 2, 2025 AGENDA Page 24
• 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. 7,992-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

13.63.010 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 “coordinated pricing algorithms”, have been 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 nonpublic competitor data to impact rents and vacancy rates for rental housing. Participating landlords provide data to the programs, which in turn set or provide recommendations for rent and occupancy levels.

C. More and more landlords in U.S. cities now use these programs.

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.

Ordinance No. 7,992-N.S. Page 2 of 4
E. Instead of waiting for court processes which may take years to resolve, this ordinance prohibits the sale or use of coordinated 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 on equal footing with 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 regulates the use and sale of the coordinated pricing algorithms, to prevent the harms described above.

13.63.020 Definitions.

A. “Coordinated pricing algorithm” means any analytical or computation process that uses Competitor Data to calculate and recommend rent prices, fees, occupancy rates or other rental contract terms for future leases in coordination between one City of Berkeley landlord and one or more of such landlord’s competitors, including through a third-party vendor. 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, study, or presentation that publishes rental data in an aggregated and anonymous manner but 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 Data” means information that is not available to the general public concerning actual rent prices, occupancy rates, lease start and end dates, and similar data 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.

Ordinance No. 7,992-N.S. Page 3 of 4
A. It shall be unlawful to sell, license, or otherwise provide to City of Berkeley landlords any coordinated pricing algorithm that sets or recommends rents or occupancy levels that may be achieved for residential dwelling units in the City 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 City 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 City Attorney if the City Attorney is the prevailing party in such a civil action.

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.

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

Ordinance No. 7,992-N.S. Page 4 of 4
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 November 18, 2025, this Ordinance was passed to print and ordered published by posting by the following vote:

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

Noes: None.

Absent: Bartlett.

Ordinance No. 7,993-N.S. Page 1 of 6
ORDINANCE NO. 7,993-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) 381,907,934
B. Special Funds (Funds 100-199) 229,977,638
C. Grant Funds (Funds 300-399) 95,277,720
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 381,907,934
Add: Total Other Than General Fund 821,701,178
Gross Revenue Appropriated 1,203,609,112
Less: Dual Appropriations -95,327,592
Less: Revolving/Internal Service Funds -79,142,085
Net Revenue Appropriated 1,029,139,435

Ordinance No. 7,993-N.S. Page 2 of 6
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; General Fund Operating Reserves 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

Ordinance No. 7,993-N.S. Page 3 of 6
& 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;

Ordinance No. 7,993-N.S. Page 4 of 6
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

Ordinance No. 7,993-N.S. Page 5 of 6
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

Ordinance No. 7,993-N.S. Page 6 of 6
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 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 November 18, 2025, this Ordinance was passed to print and ordered published by posting by the following vote:

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

Noes: None.

Absent: Barlett.

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
4,177,541
3,299,963
2,699,970
2,822,392
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 16,553,180 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: 88,291,492
Sub-Total Dual Appropriations 95,327,591$
Grand Total Dual Appropriations 174,469,677$
Transfer to PERS Savings Fund from General Fund
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 Transfer to GF Operating Reserves Fund from General Fund Transfer to GF Stabilization Reserves Fund from General Fund Transfer to GF Catastrophic Reserves Fund from General Fund

EXHIBIT A
Encumbered Unencum. Oth er 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 20,589,085 48,756, 384 360,191,643 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 St
ate 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 11/14/2025 12:48 PM

EXHIBIT A
Encumbered Unencum. Oth er 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 4,050,550 13,400,929 14,158,993 339 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 11/14/2025 12:48 PM

EXHIBIT A
Encumbered Unencum. Oth er 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 93,327,606 135,836,181 374,395,753 1,203,609,112 Dual Appropriations (77,331,186) - - (17,996,406) (17,996,406) (95,327,591) 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 92,354,875 111,316,321 341,374,974 1,029,139,436 26AAO_Final.xlsx 11/14/2025 12:48 PM

Ordinance No. 7,994-N.S. Page 1 of 7
ORDINANCE NO. 7,994–N.S.

AMENDING BERKELEY MUNICIPAL CODE CHAPTER 13.105; SANCTUARY CITY

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

Section 1. That Berkeley Municipal Code Chapter 13.105 is hereby amended to read as follows:

Chapter 13.105
SANCTUARY CITY CONTRACTING*
Sections:

13.105.010 Title.

13.105.020 Definitions.

13.105.030 Prohibition on Use of City Resources.

13.105.040 Investigation and Reporting.

13.105.050 Enforcement.

13.105.060 Severability.

13.105.070 Construction.

13.105.080 Chapter Supersedes Existing Law and Regulations.

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

13.105.010 Title.

This ordinance shall be known as the Sanctuary City Contracting Ordinance.

13.105.020 Definitions.

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

B. "Data Broker" (also commonly called information broker, information reseller, data

Ordinance No. 7,994-N.S. Page 2 of 7
aggregator, and information solution provider) means either of the following:

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

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

C. "Extreme Vetting" means data-mining, threat modeling, predictive risk analysis, or other similar services. Extreme Vetting does not include the following:

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

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

D. "Immigration Authority” means any person or agency engaging in efforts to investigate, enforce, or assist in the investigation or enforcement of federal immigration law against natural persons, including but not limited to the U.S.

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

E. "Person or Entity" means any private natural person, corporation, institution, subsidiary, affiliate, or division under operating control of such person; the parent entities that have operating control over such person, and the subsidiaries, affiliates and divisions under operating control of such parent entity. Government entities and employees are expressly excluded from this definition.

F. “Protected Personal Information” means any information that identifies, relates to,

Ordinance No. 7,994-N.S. Page 3 of 7
describes, or is capable of being associated with a particular individual, including but not limited to a person’s name, birthdate, Social Security Number or Individual Taxpayer Identification Number, telephone number, home or work address, driver’s license number, place of birth, or biometric information.

13.105.030 Prohibition on Use of City Resources.

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

1. The intent and purpose of this ordinance;

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

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

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

B. All public works, construction bids, requests for information, requests for proposals or any other solicitation issued by the City shall include notice of the prohibition listed above.

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

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

2. A declaration under the penalty of perjury executed by the Person or Entity,

Ordinance No. 7,994-N.S. Page 4 of 7
affirming that they do not provide Data Broker or Extreme Vetting services to an Immigration Authority.

D. Any Person or Entity identified as a supplier of Data Broker or Extreme Vetting services to an Immigration Authority and potentially affected by this Section shall be notified by the City Manager of the determination. Any such Person or Entity shall be entitled to a review of the determination by appeal to the City Manager.

Request for such review shall be made within thirty (30) business days of notification, or seven (7) business days of the date of a City solicitation or notice of a pending contract or purchase, of interest to the Person or Entity seeking review. Any Person or Entity vendor so identified may appeal the City Manager’s determination to the City Council, within fifteen (15) business days of the determination.

13.105.040 Investigation and Reporting.

A. The City Manager, or their designee, shall review compliance with Section

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

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

13.105.050 Enforcement.

A. Right to Cure. This Chapter does not provide a private right of action upon any person or entity to seek injunctive relief against the City or any employee unless

Ordinance No. 7,994-N.S. Page 5 of 7
that person or entity has first provided written notice to the City Manager by serving the City Clerk, regarding the specific alleged violations of this Chapter. If the alleged violation is substantiated and subsequently cured, a notice shall be posted in a conspicuous manner on the City’s website that describes, to the extent permissible by law, the corrective measures taken to address the violation.

B. Cause of Action. If a specific alleged violation is not remedied within 30 days of that written notice, a person or entity may institute proceedings for injunctive relief, declaratory relief, or writ of mandate in any court of competent jurisdiction to enforce this Ordinance However, if the City Manager notifies the public within the 30-day notice period that the City has initiated a process to remedy the alleged violation, no person or entity may institute proceedings in any court until 60 days have passed since the date of the initial written notice.

C. Civil Penalties. If the City is found liable in a cause of action brought by an individual under subsection B. above for a violation that is the result of arbitrary or capricious action by the City or an employee or agent thereof in their official capacity, the City shall be liable for a civil penalty no greater than $5,000 per violation, as determined by the court. In determining the amount of civil penalty, the court shall consider prior violations of this ordinance by the City department that committed the violation.

D. Attorney’s Fees and Costs. A court shall award a plaintiff who prevails on a cause of action under subsection B. reasonable attorney’s fees and costs in an amount not to exceed $15,000.

E. Limitations on Actions. Any person bringing an action pursuant to this ordinance must first file a claim with the City pursuant to Government Code section 905 or any successor statute within four years of the alleged violation.

F. Any contracting Person or Entity knowingly or willingly supplying false information in violation of Section 13.105.030C.2., shall be guilty of a misdemeanor and up to a $1,000 fine.

Ordinance No. 7,994-N.S. Page 6 of 7

13.105.060 Severability.

The provisions in this Ordinance are severable. If any part or provision of this Ordinance, or the application of this Ordinance to any person or circumstance, is held invalid, the remainder of this Ordinance, including the application of such part or provisions to other persons or circumstances, shall not be affected by such holding and shall continue to have force and effect.

13.105.070 Construction.

The provisions of this Ordinance are to be construed broadly to effectuate the purposes of this Ordinance.

13.105.080 Chapter Supersedes Existing Law and Regulations.

The provisions of this chapter shall supersede any conflicting law or regulations.

13.105.090 Effective Date.

This Ordinance shall take effect on July 1, 2019.

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.

Ordinance No. 7,994-N.S. Page 7 of 7
At a regular meeting of the Council of the City of Berkeley held on November 18, 2025, this Ordinance was passed to print and ordered published by posting by the following vote:

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

Noes: None.

Absent: Bartlett.

Ordinance No. 7,995-N.S. Page 1 of 8
ORDINANCE NO. 7,995-N.S.

AMENDMENTS TO THE RESIDENTIAL DISTRICT CHAPTER (BMC 23.202), MANUFACTURING DISTRICT CHAPTER (BMC 23.206), AND DEMOLITION AND DWELLING UNIT CONTROL CHAPTER (BMC 23.326) TO CORRECT ERRORS,

CLARIFY LANGUAGE, AND CODIFY EXISTING PRACTICE
BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. That BMC Section 23.202.030(A) is amended to read as follows:

A. Residential Additions. See Section 23.502.020(A) (“A” Terms) for residential addition definitions.

1. Permits Required.
(a) In the ES-R district, residential additions require permits as follows:
i. Residential additions up to 10 percent of lot area or 200 square feet, whichever is less: Zoning Certificate.
ii. Major residential additions more than 10 percent of lot area or 200 square feet, whichever is less: Use Permit.
(b) In the R-3, R-S, R-SMU and C-T districts within the Southside Plan boundaries, any residential addition requires a Zoning Certificate. (c) In the R-1, R-2, R-2A and MU-R districts, any residential addition requires a Zoning Certificate.
(d) In the R-1H, R-2H, and R-2AH, and the R-3 district outside the Southside Plan boundaries, and in the R-4, R-5 and R-BMU districts, residential additions require permits as follows:
i. Residential additions (up to 15 percent of lot area or 600 square feet, whichever is less): Zoning Certificate.
ii. Major residential additions (all other residential additions): AUP.

Section 2. That Table 23.202-2 R-1 Development Standards within BMC Chapter

23.202.050 is amended to read as follows:

Table 23.202-2 R-1 Development Standards

BASIC STANDARDS SUPPLEMENTAL STANDARDS
Lot Area for New Lots, Minimum 5,000 sq. ft. 23.304.020 – Lot Requirements

Ordinance No. 7,995-N.S. Page 2 of 8

BASIC STANDARDS SUPPLEMENTAL STANDARDS
Usable Open Space 1,000 sq. ft. of Gross
Residential Floor Area, Minimum 150 sq. ft. 23.304.090 – Usable Open Space
Floor Area Ratio, Maximum No maximum
Main Building Height, Maximum
New Buildings and Additions 35 ft. and 3
stories [1]
Within 15 ft. of Rear Property Line 22 ft.

23.304.050 – Building Height
Residential Density (du/acre)
Minimum 10
Maximum 40

23.106.100 – Residential
Density
Lot Line Setbacks, Minimum
Front [1] 5 ft.

Rear [1] 5 ft.

Interior Side 4 ft.

Street Side 4 ft.

23.304.030 – Setbacks
Building Separation, Minimum 5 ft.

Lot Coverage, Maximum 60% 23.304.120 – Lot Coverage
Notes:
[1] Front and rear setbacks must add up to at least 20 feet.

Section 3. That Table 23.202-5 R-2 Development Standards within BMC Chapter

23.202.080 is amended to read as follows:

Table 23.202-5: R-2 Development Standards

BASIC STANDARDS SUPPLEMENTAL

STANDARDS
Lot Area, Minimum
New Lots 5,000 sq. ft. 23.304.020 – Lot
Requirements

Ordinance No. 7,995-N.S. Page 3 of 8

BASIC STANDARDS SUPPLEMENTAL

STANDARDS
Usable Open Space, Per 1,000 sq. ft. of
gross residential floor area, Minimum 150 sq. ft. 23.304.090 – Usable Open Space
Floor Area Ratio, Maximum No maximum
Main Building Height
New Buildings and Additions,
Maximum 35 ft. and 3 stories
Within 15 feet of Rear Property
Line, Maximum 22 ft.

23.304.050 – Building
Height
Residential Density (du/acre)
Minimum 10
Maximum 50

23.106.100 –
Residential Density
Lot Line Setbacks, Minimum
Front [1] 5 ft.

Rear [1] 5 ft.

Interior Side 4 ft.

Street Side 4 ft.

23.304.030 – Setbacks
Building Separation, Minimum 5 ft.

Lot Coverage, Maximum 60% 23.304.120 – Lot
Coverage
Notes:
[1] Front and rear setbacks must add up to at least 20 feet.

Section 4. That Table 23.202-9 R-2A Development Standards within BMC Chapter

23.202.090 is amended to read as follows
Table 23.202-9: R-2A Development Standards

BASIC STANDARDS SUPPLEMENTAL

STANDARDS
Lot Area, Minimum
New Lots 5,000 sq. ft. 23.304.010 - Lot
Requirements

Ordinance No. 7,995-N.S. Page 4 of 8
Usable Open Space, pe per 1,000 sq. ft. gross
residential floor area Minimum 150 sq. ft

23.304.090 –
Usable Open
Space
Main Building Height
New Buildings and Additions, Maximum 35 ft. and 3
stories
Within 15 ft. of Rear Property Line,
Maximum 22 ft.

23.304.050 –
Building Height
Residential Density (du/acre)
Minimum 20
Maximum 60

23.106.100 –
Residential
Density
Lot Line Setbacks, Minimum
Front [1] 5 ft.

Rear [1] 5 ft.

Interior Side 4 ft.

Street Side 4 ft.

23.304.030 –
Setbacks
Building Separation, Minimum 5 ft.

Lot Coverage, Maximum 60% 23.304.120 – Lot
Coverage
Notes:
[1] Front and rear setbacks must add up to at least 20 feet.

Section 5. That Table 23.202-11 R-3 Development Standards within BMC Chapter

23.202.100 is amended to read as follows
TABLE 23.202-11: R-3 DEVELOPMENT STANDARDS

BASIC STANDARDS OUTSIDE OF

SOUTHSIDE PLAN
WITHIN

SOUTHSIDE PLAN

SUPPLEMENTAL

STANDARDS
Lot Area, Minimum
New Lots 5,000 sq. ft. No minimum
Per Group Living
Accommodation
Resident
350 sq. ft. [1]
No minimum

23.304.020 – Lot
Requirements

Ordinance No. 7,995-N.S. Page 5 of 8
Residential Density
Minimum (du/acre) No minimum 60
Maximum
(du/acre)
No maximum No maximum

23.106.100 –
Residential Density
Usable Open Space, Minimum
Per Dwelling Unit 200 sq. ft.

Per Group Living
Accommodation
Resident
90 sq. ft.
150 sq. ft. per
1,000 sq. ft. of
gross residential
floor area

23.304.090 – Usable
Open Space
Floor Area Ratio,
Maximum No maximum 3.0
Main Building Height, Average
New Buildings and
Non-Residential
Additions
35 ft. and 3
stories
Residential
Additions
16 ft. [2]
45 ft.

23.304.050 –
Building Height
Lot Coverage, Maximum
1 Story: 45%
2 Stories: 45%
Interior and
Through Lot
3 Stories: 40%
100%
1 Story: 50%
2 Stories: 50%
Corner Lot
3 Stories: 45%
100%

23.304.120 – Lot
Coverage
Lot Line Setback, Minimum
Front 15 ft. 10 ft.

Rear 15 ft. 10 ft.
1st Story: 4 ft.
2nd Story: 4 ft.

Interior Side
3rd Story: 6 ft.
4 ft.
1st Story: 6 ft.
2nd Story: 8 ft.

Street Side
3rd Story: 10 ft.
4 ft.

23.304.030 -
Setbacks

Ordinance No. 7,995-N.S. Page 6 of 8
1st Story: 8 ft.
2nd Story: 12 ft.

Building Separation,
Minimum
3rd Story: 16 ft.

No minimum

23.304.040 –
Building Separation
in Residential
Districts
Notes:
[1] One additional resident is allowed for remaining lot area between 200 and 350 square feet. [2] Maximum 35 ft. with an AUP.

Section 6. That Table 23.206-14 MU-R Development Standards within BMC Chapter

23.206.090 is amended to read as follows
Table 23.206-14: MU-R Development Standards

BASIC STANDARDS SUPPLEMENTAL

STANDARDS
Lot Area, Minimum
New Lot No minimum
Per Live/Work Unit 1,250 sq. ft.

23.304.020 – Lot
Requirements
Lot Width, Minimum 40 ft.

Usable Open Space, Minimum
Per 1,000 sq. ft. of gross residential floor
area 150 sq. ft.

Per Live/Work Unit 40 sq. ft.

23.304.090 –
Usable Open
Space
Floor Area Ratio, Maximum, Non-Residential 1.5 [1] 23.106.050 - Floor Area Ratio
Residential Density (DU/acre)
Minimum 20
Maximum 60

23.106.100 –
Residential
Density
Main Building Height, Maximum
Live/work 28 ft. and 3 stories
[2]
Residential or mixed-use [3] 35 ft. and 3 stories
Within 15 ft. of rear property line 22 ft.

All other uses 35 ft. and 2 stories
[4]

23.304.050 -
Building Height
Lot Line Setbacks, Minimum 23.304.030 –

Ordinance No. 7,995-N.S. Page 7 of 8
Front 5 ft.

Rear No minimum [5]
Interior Side No minimum
Street Side 5 ft.

Setbacks
Building Separation, Minimum 5 ft.

Lot Coverage, Maximum No maximum.

Notes:
[1] Maximum 1.5 for buildings with 50 percent or more live/work floor area [2] Maximum 35 ft. with a Use Permit.
[3] Mixed use is defined here as a building with 50 percent or more of gross floor area used for residential (including live/work) purposes.
[4] Maximum 3 stories for arts/craft studios and light manufacturing (with no other non- residential uses) on a block without dwelling units.
[5] Minimum 5 ft. if rear of lot abuts a street.

Section 7. That BMC Section 23.326.030(D)(2) is amended to read as follows:

2. In the event that a demolished Residential Unit is not a Protected Unit under BMC 23.326.020(A)(5)(a) or (b) and the income of the displaced household is unknown, the Residential Unit shall be presumed to have been occupied by Low- or Lower-Income renter households in the same proportion as Residential Units throughout the City. The City shall rely upon US Department of Housing and Urban Development’s Comprehensive Housing Affordability Strategy (CHAS) data to determine the number of such Residential Units that must be replaced with Affordable Units as defined in Chapter 23.328.

Section 8. That BMC Section 23.326.040(B)(1) is amended to read as follows:

1. The Residential Unit(s) was removed from the rental market through a no-fault eviction during the preceding five years; or
Section 9. 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.

Ordinance No. 7,995-N.S. Page 8 of 8
At a regular meeting of the Council of the City of Berkeley held on November 18, 2025, this Ordinance was passed to print and ordered published by posting by the following vote:

Ayes: Bartlett, Blackaby, Humbert, Kesarwani, Lunaparra, O’Keefe, Taplin, Tregub, and Ishii.

Noes: None.

Absent: None.

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

CONSENT CALENDAR
December 2, 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 November 6, 2025 (special), November 10, 2025 (closed and regular), and November 18, 2025 (special and regular).

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

1. November 6, 2025 – Regular City Council Meeting

2. November 10, 2025 – Special Closed City Council Meeting

3. November 10, 2025 – Regular City Council Meeting

4. November 18, 2025 – Special City Council Meeting

5. November 18, 2025 – Regular City Council Meeting

Thursday, November 6, 2025 MINUTES Page 1

M I N U T E S

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

B E R K E L E Y C I T Y C O U N C I L
In accordance with the authority in me vested, I do hereby call the Berkeley City Council in special session as follows:

Thursday, November 6, 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: 160 523 7524. 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

Thursday, November 6, 2025 MINUTES Page 2
Preliminary Matters
Roll Call: 6:06 p.m.

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

Absent: Kesarwani
Councilmember Kesarwani present at 6:10p.m.

Worksession

1. Corridors Zoning Update
From: City Manager
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Recess 7:58 p.m. – 8:12 p.m.

Recess 9:56 p.m. – 10:12 p.m.

Action: M/S/C (Blackaby/Lunaparra) to extend the meeting to 12:00 a.m.

Vote: All Ayes.

Action: 104 speakers. Presentation made and discussion held.

2. San Pablo Avenue Specific Plan
From: City Manager
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: M/S/C (Lunaparra/Tregub) to extend the meeting to 12:30 a.m.

Vote: All Ayes.

Action: M/S/C (Ishii/Tregub) to extend the meeting to 12:45 a.m.

Vote: All Ayes.

Action: 13 speakers. Presentation made and discussion held.

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

Vote: All Ayes.

Adjourned at 12:27 a.m.

Thursday, November 6, 2025 MINUTES Page 3
I hereby certify that the foregoing is a true and correct record of the special meeting held on November 6, 2025
_________________________
Mark Numainville, City Clerk
Communications
Item #1: Corridors Zoning Update
Item #2: San Pablo Avenue Specific Plan

1. Leslie Sakai

2. Kirk McCarthy (2)

3. Preet Dhillon

4. Doris Fulder Nassiry (3)

5. Susan Jones

6. Barbara Gilbert (2)

7. John J. Parman (2)

8. Sharon Entwistle (2)

9. Diana Collins

10.Steve Ratcliff

11.Amy & Garet O’Keefe

12.Barbara Sargent

13.Ian Wulfson

14.Helane Zeiger

15.Robin Kibby

16.Alison Klairmont Lingo

17.Carolyn F. McNiven

18.Pam Zelnik

19.Zelda Bronstein

20.Peggy Mendelson

21.Meredith Miller

22.Save Berkeley Shops (2)

23.Lynn Sherrell

24.Ondine Norman

25.Brandon Essex

26.Elizabeth Horowitz

27.George Rose

28.Mary Mackey

29.Eric King

30.Bonnie Fore

31.Larry Hendel

32.Jim Reynolds

33.Shirley Haberfeld and Bob Allegrotti

34.Chris Mays

35.Erika St John

36.Barbara Fisher

37.Sam Busa

Thursday, November 6, 2025 MINUTES Page 4

38.Sarah Stearns

39.Gina Rieger

40.Carolyn Holm

41.Kathleen Haberer

42.Susan Blew

43.Mykael and John Moss

44.Diane Shavelson

45.Madeleine Shearer

46.Emily Benner

47.Ryan Van Valer

48.Hawley Holmes

49.Kate Pocass

50.Petra Lamberson

51.Mindy Loginotti

52.Claire Kahane and Robert Melville

53.Kristin

54.Barbara and Christopher Wagstaff

55.Mary Staats

56.Lorraine Lerman

57.Sallie Hanna-Rhyne

58.Elea Bernou

59.Michael Frantz

60.Craig Upson

61.Victoria Leonard

62.Constance Rivemale

63.M Ryce

64.Theo Gordon (2)

65.Alana Kinrich

66.Audrey Bree Tse

67.Tami Boulet & Nick Rizza

68.Oban Lopez-Bassols (2)

69.Sheryl Rose

70.Theo Posselt (2)

71.Larry and Jane Baack

72.Carla Bell and Adriana Guerra

73.John P. Anderson

74.David Anderson

75.Dr. Bruce Feingold

76.Anthony Bruce

77.Holly Scheider

78.Kathryn Hambly

79.Mara Melandry

80.Alexander Altman

81.Peter Ewell and Helga Recke

82.Alice Feller

83.V. Sommer

84.Shmuel Weissman

85.Chris Gilbert

86.Kirsten Rose

87.Scott Hambly

Thursday, November 6, 2025 MINUTES Page 5

88.Mary Matsushita

89.Kate H

90.Victor Ichioka

91.Carla Woodsworth

92.Adriana Guerra

93.John Magruder

94.Michael Nguyen

95.Kelly Hammargren

96.Stephen Alpert (9)

97.Peter Radu

98.Shoshana O’Keefe

99.46 Similarly worded form letters “I am opposed…”
100. 10 Similarly worded form letters “We applaud the effort…” Supplemental Communications and Reports 1
 None
Supplemental Communications and Reports 2
Item #1: Corridors Zoning Update
Item #2: San Pablo Avenue Specific Plan
101. Gale Garcia
102. Leah Kaizer
103. Matt O’Brien
104. Zachary Russ (2)
105. Oban Lopez-Bassols (2)
106. Karen Dabrusin
107. Agnes Czaja (2)
108. Dawn Thomas
109. Tobey Wiebe
110. Laura Katz
111. Margot Smith (2)
112. Kori Kody
113. Lisa Parks
114. Rosemary Castorina
115. Harvey Sherback
116. Kay van der Have
117. Charlene Harrington
118. Vyan Kumar
119. Anne Weinberger
120. John Rice
121. Carol Denney (2)
122. S. Entwistle (2)
123. Michelle Schorr
124. Bruce Feingold
125. Ed
126. Margaret Child
127. Andy Kahn
128. Andrea Satin
129. Greg Nachtwey

Thursday, November 6, 2025 MINUTES Page 6
130. Esther Hirsh
131. Summer Brenner
132. Jacqueline Beth
133. Robert Riemer
134. Steve Tracy
135. Christene Diehr
136. Chris Hamilton
137. Delia Taylor
138. Mark Elfield
139. Michon Pinnix Wilson
140. Donald Simon
141. Kamala Visweswaran
142. Mary Lee Noonan
143. Mia Baldwin
144. Stephen Alpert
145. Briselle Lopez (2)
146. Maria Ansari
147. Janice Craik
148. Gurdeepak Kular
149. Donna DeDiemar
150. Robert Epstein
151. Jeff Kaplan
152. Marilyn Simons
153. Barbara Hadenfeldt
154. Craig Norton
155. Tarah Ornelas
156. Laura Leventer
157. Peggy Radel
158. Art Goldberg
159. Trevor Lederberger
160. Edwin Gamez
161. Rachel Bradley
162. Renee Kopulos
163. Cindy Shamban
164. Lorraine Lerman
165. Brendan Byrne
166. Neil Schneider
167. Save Berkeley Shops
168. Aimee Baldwin (2)
169. Alan Williamson
170. Michelle Haner
171. Sally Nelson
172. V. Sommer
173. Paola Laverde
174. Patty Lipinska
175. Claudia Hunka
176. Gael Alcock
177. Diane WS
178. 7 Similarly worded form letters “I am opposed…”
179. 30 Similarly worded form letters “We applaud…”

Thursday, November 6, 2025 MINUTES Page 7
180. 64 Similarly worded form letters “We are writing…” Supplemental Communications and Reports 3
Item #1: Corridors Zoning Update
181. Presentation submitted by the Planning Department
182. Ilene Lee
183. John J. Parman
184. Michael UpTIC SF
185. Dan I Slobin
186. Fred Dodsworth
187. Allan Abshez
188. Save Berkeley Shops
Item #2: San Pablo Avenue Specific Plan
189. Presentation submitted by the Planning Department
Item #1: Corridors Zoning Update
Item #2: San Pablo Avenue Specific Plan
190. Barryett Enge
191. Tony Marine
192. Elizabeth Ferguson
193. C. Cosgrove
194. Hrald Leventhal
195. Anna Harris (2)
196. Clare Marcus
197. Marjorie Winter
198. Dorothy Hale
199. Esther Lerman
200. Lois Yuen
201. Jeffrey Knapp
202. Catherine Durand
203. Linda Schacht and John Gage
204. Jacqueline DeSouza
205. Steve Allen
206. David Ross
207. Helen M. Marcus
208. Hans Stahlschmidt and Patricia Stahlschmidt Hart
209. Helen Mountford (2)
210. Sondra Jensen
211. Dan I Slobin
212. John J. Parman (3)
213. Margaret Sparks
214. Emily Fox
215. Fred Dodsworth (2)
216. Yael Moses
217. Stephen Alpert (2)
218. Michael UpTIC SF
219. Anne Herrick
220. Marion Abbott

Thursday, November 6, 2025 MINUTES Page 8
Miscellaneous
221. Unknown
222. Unknown

Monday, November 10, 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, NOVEMBER 10, 2025
3:00 P.M.

SCHOOL DISTRICT BOARDROOM – 1231 ADDISON STREET, BERKELEY, CA 94702

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: 160 524 3796. 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, November 10, 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 3:24 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 –# ADJ18386063; Claim # BER2400081
Action: No reportable action taken.

2. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(2)
a. WCAB Matter –# ADJ6788690; Claim # BER0800149
Action: No reportable action taken.

3. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(1)
a. Jose Huizar v. Eric Richard Knox et al., Alameda County Superior Court Case No. 24CV081473
Action: No reportable action taken.
b. Desire Baslia v. City of Berkeley et al., Alameda County Superior Court Case No. 24CV098297
Action: No reportable action taken.
c. Berkeley People’s Alliance et al. v. City of Berkeley et al., Alameda County Superior Court Case No. 24CV064980; Cal. Court of Appeal Case No. A172245 Action: No reportable action taken.

Monday, November 10, 2025 MINUTES Page 3

4. CONFERENCE WITH LEGAL COUNSEL – SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(2)
a. Claim of Sierra Campagna, Claim No. 0164BC2025-0001
Action: M/S/C (Humbert/Tregub) to authorize the City Attorney to approve a settlement agreement with Sierra Campagna for a total amount of $700,000, $350,000 of which will be paid by the City.

Vote: Ayes – Kesarwani, Taplin, Tregub, O’Keefe, Blackaby, Lunaparra, Humbert; Noes – None; Abstain – None; Absent – Bartlett, Ishii (recused for living in close proximity to the location of the incident).

5. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION GOVERNMENT CODE SECTION 54956.9(d)(1/INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(4)
a. Shale Well v. City of Berkeley, Alameda County Superior Court Case No. 25CV107073 Action: No reportable action taken.
b. Berkeley Homeless Union et al. v. City of Berkeley et al., U.S.D.C. N.D. Cal. Case No. 3:25-cv-01414-EMC
Action: M/S/C (Humbert/Kesarwani) to authorize the City Attorney to appeal the Court’s order extending the preliminary injunction initially issued by the Court on June 10, 2025.

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

OPEN SESSION:

On the claim of Sierra Campagna, Claim No. 0164BC2025-0001 the City Council met in closed session and approved a settlement agreement with Sierra Campagna for a total amount of $700,000, $350,000 of which will be paid by the City.

On Berkeley Homeless Union et al. v. City of Berkeley et al., U.S.D.C. N.D. Cal. Case No. 3:25- cv-01414-EMC, the City Council authorized the City Attorney to appeal the Court’s order extending the preliminary injunction initially issued by the Court on June 10, 2025.

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

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

Adjourned at 4:57 p.m.

I hereby certify that the foregoing is a true and correct record of the closed session meeting held on November 10, 2025.
_________________________
Mark Numainville, City Clerk

Monday, November 10, 2025 MINUTES Page 1

MINUTES

BERKELEY CITY COUNCIL MEETING
Monday, November 10, 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: 160 112 3117. 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

Monday, November 10, 2025 MINUTES Page 2
Preliminary Matters
Roll Call: 6:04 p.m.

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

Absent: None
Action: M/S/C (Tregub/Taplin) to permit Councilmember Bartlett to participate remotely pursuant to the Brown Act as amended by AB 2449.

Vote: All Ayes.

Report from Closed Session
On the claim of Sierra Campagna, Claim No. 0164BC2025-0001 the City Council met in closed session and approved a settlement agreement with Sierra Campagna for a total amount of $700,000, $350,000 of which will be paid by the City.

On Berkeley Homeless Union et al. v. City of Berkeley et al., U.S.D.C. N.D. Cal. Case No. 3:25-cv-01414-EMC, the City Council authorized the City Attorney to appeal the Court’s order extending the preliminary injunction initially issued by the Court on June 10, 2025.

Land Acknowledgement Statement: The City of Berkeley recognizes that the community we live in was built on the territory of xučyun (Huchiun (Hooch-yoon)), the ancestral and unceded land of the Chochenyo (Cho-chen-yo)-speaking Ohlone (Oh-low-nee) people, the ancestors and descendants of the sovereign Verona Band of Alameda County. This land was and continues to be of great importance to all of the Ohlone Tribes and descendants of the Verona Band. As we begin our meeting tonight, we acknowledge and honor the original inhabitants of Berkeley, the documented 5,000-year history of a vibrant community at the West Berkeley Shellmound, and the Ohlone people who continue to reside in the East Bay. We recognize that Berkeley’s residents have and continue to benefit from the use and occupation of this unceded stolen land since the City of Berkeley’s incorporation in 1878. As stewards of the laws regulating the City of Berkeley, it is not only vital that we recognize the history of this land, but also recognize that the Ohlone people are present members of Berkeley and other East Bay communities today. The City of Berkeley will continue to build relationships with the Lisjan Tribe and to create meaningful actions that uphold the intention of this land acknowledgement.

Ceremonial Matters: None
City Manager Comments:

The City Manager provided an update on the status of the Flock Cameras item from the September 9 meeting. The City is exploring options with other vendors and will report back to Council after the winter recess.

Public Comment on Non-Agenda Matters: 8 speakers.

Public Comment by Employee Unions: 0 speakers.

Consent Calendar
Monday, November 10, 2025 MINUTES Page 3
Public Comment on Consent Calendar and Information Items Only: 5 speakers.

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

Vote: All Ayes.

1. Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on November 10, 2025
From: City Manager
Recommendation: Approve the request for proposals or invitation for bids that will be, or are planned to be, issued upon final approval by the requesting department or division. All contracts over the City Manager’s threshold will be returned to Council for final approval.

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

2. Contract: Tablet Command for Mobile CAD and Incident Command From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or their designee to enter into a contract and any amendments with Tablet Command for Mobile CAD and Incident Command by piggybacking on a contract with the City of Long Beach. The Berkeley contract will be effective November 5, 2025, and end on September 21, 2027, in an amount not to exceed $135,000 which includes one-time startup costs. The contract may be extended for three additional one-year periods at a cost not to exceed $85,000 per year.

Financial Implications: See report
Contact: David Sprague, Fire, (510) 981-3473
Action: Adopted Resolution No. 72,015–N.S.

3. Contract: Protiviti Government Services Inc (“Protiviti”): Using General Services Administration (“GSA”) Vehicle for Professional Services Purchase Orders
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager, or delegate, to issue purchase orders with Protiviti for professional services using GSA purchasing vehicle no. GS35F-0280X in support of the following City Departments: Fire, Public Works, and Information Technology, for an amount not to exceed $892,000 through June 30, 2026.

Financial Implications: See report
Contact: David Sprague, Fire, (510) 981-3473, Terrance Davis, Public Works, (510) 981-6300, Kevin Fong, Information Technology, (510) 981-6500 Action: Adopted Resolution No. 72,016–N.S.

Consent Calendar
Monday, November 10, 2025 MINUTES Page 4

4. Amend Resolution No. 71,682-N.S for Joint Homekey+ Application for MLK House at 2942-44 Martin Luther King, Jr. Way
From: City Manager
Recommendation: Adopt a Resolution amending Resolution No. 71,682-N.S authorizing the City Manager or his designee to increase the requested grant funds amount to the State of California Housing and Community Development (HCD) Department’s Homekey+ program for the MLK House project from $4,500,000 to $5,000,000.

Financial Implications: See report
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 72,017–N.S.

5. Grant Application: The 2025 Surrendered and Abandoned Vessel Exchange (SAVE) grant program of the California Division of Boating & Waterways From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or designee to 1) Submit a grant application to the California Division of Boating and Waterways (DBW) 2025 Surrendered and Abandoned Vessel Exchange (SAVE) grant program for the removal and disposal of anticipated abandoned vessels located at the Berkeley Marina; 2) Accept the grant; 3) Execute any amendments; and 4) Authorize a local match contribution of $1,000.

Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 72,018–N.S.

Council Consent Items

6. Fifteenth Annual Martin Luther King Jr. Celebration: City Sponsorship and Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Fund
From: Mayor Ishii (Author), Councilmember Bartlett (Co-Sponsor), Councilmember Humbert (Co-Sponsor), Councilmember Lunaparra (Co- Sponsor)
Recommendation:

1. Adopt a Resolution co-sponsoring the 15th Annual Martin Luther King Jr.

Celebration on January 19, 2026.

2. Adopt a Resolution approving the expenditure of an amount not to exceed $500 per Councilmember including $500 from Mayor Ishii, to the Berkeley Rotary Endowment, the fiscal sponsor of the 15th Annual Martin Luther King Jr. celebration, with funds relinquished to the City’s general fund for this purpose from the discretionary Council Office Budgets of Mayor Ishii and any other Councilmembers who would like to contribute.

Financial Implications: See report
Contact: Adena Ishii, Mayor, (510) 981-7100
Action: Adopted Resolution No. 72,019–N.S. (Co-Sponsoring), and Resolution No. 72,020–N.S. (Relinquishment of Funds) revised to include contributions from the

Consent Calendar
Monday, November 10, 2025 MINUTES Page 5
following Councilmembers up to the amounts listed: Councilmember Tregub - $250; Councilmember Tregub - $250; Councilmember Tregub - $250; Councilmember Humbert $500; Councilmember Blackaby - $250; Councilmember Lunaparra - $250; Councilmember Taplin - $500; Councilmember Kesarwani - $150; Councilmember O’Keefe - $250; Councilmember Bartlett - $250.

7. Reappointment of Dr. P. Robert Beatty to the Alameda County Mosquito Abatement District Board of Trustees
From: Mayor Ishii (Author)
Recommendation: Adopt a Resolution reappointing Dr. P. Robert Beatty to the Board of Trustees of the Alameda County Abatement District for a four-year term ending on January 1, 2030.

Financial Implications: See report
Contact: Adena Ishii, Mayor, (510) 981-7100
Action: Adopted Resolution No. 72,021–N.S.

8. Resolution of the City of Berkeley Supporting the Bay Area Air District’s Zero Emission Building Appliance Rules
From: Councilmember Tregub (Author), Councilmember Lunaparra (Co- Sponsor)
Recommendation: Adopt a resolution in support of the Bay Area Air District’s Zero- Emission Building Appliance Rules phasing out the sale of polluting gas-fired water heating and space heating equipment starting in 2027 for water heaters and 2029 for furnaces. The resolution also supports common-sense amendments to the rules to ensure flexibility for residents who have particular difficulty with compliance.

Financial Implications: See report
Contact: Igor Tregub, Councilmember, District 4, (510) 981-7140 Action: Adopted Resolution No. 72,022–N.S. as revised in Supplemental Communications Packet #2 from Councilmember Tregub to add Councilmembers Taplin and Humbert as co-sponsors.

Action Calendar – Public Hearings
Monday, November 10, 2025 MINUTES Page 6

9. Adoption of the 2025 California Fire Code with Local Amendments From: City Manager
Recommendation:

1. Adopt the first reading of an Ordinance repealing the Berkeley Fire Code (Berkeley Municipal Chapter 19.48) and reenacting BMC Chapter 19.48;

2. Adopt a Resolution setting forth findings of local conditions that require more stringent building standards than those provided by the 2025 California Fire Code (“CFC”) and rescinding Resolution number 71,710–N.S.;

3. Conduct a public hearing and upon conclusion, adopt a Resolution establishing annual permit fees, inspection and billing rates for inspection of property sites by the Berkeley Fire Department, and rescinding Resolution number 71,837–N.S. and all Resolutions amendatory thereof.

4. In compliance with state law on adopting such codes by reference, hold a public hearing following the first reading and before the second reading, and schedule the public hearing for December 2, 2025.

Financial Implications: See report
Contact: David Sprague, Fire, (510) 981-3473
Public Testimony: The Mayor opened the public hearing. 1 speaker.

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

Vote: All Ayes.

Action: M/S/C (Blackaby/Humbert) to:

1. Adopt the first reading of Ordinance No. 7,990–N.S. Second reading scheduled for December 2, 2025.

2. Adopt Resolution No. 72,023–N.S. (Local Findings of Fact)

3. Adopt Resolution No. 72,024–N.S. (Establishing Fees) Vote: All Ayes.

Action Calendar – New Business
Monday, November 10, 2025 MINUTES Page 7

10. Adoption of and Amendments to the California Wildland-Urban Interface (WUI) Code
From: City Manager
Recommendation:

1. Adopt the first reading of an Ordinance creating a new Berkeley Municipal Code Chapter 19.49 and adopting the 2025 California Wildland-Urban Interface (WUI) Code, Title 24 Part 7, along with local amendments.

2. Adopt a Resolution setting forth findings of local climatic, geological, and topographical conditions that require more stringent standards than those in the State Code.

3. In compliance with state law on adopting such codes by reference, hold a public hearing following the first reading, and before the second reading, and schedule the second reading and public hearing for December 2, 2025.

Financial Implications: See report
Contact: David Sprague, Fire, (510) 981-3473
Action: 1 speaker. M/S/C (Blackaby/Ishii) to:

1. Adopt the first reading of Ordinance No. 7,991–N.S. Second reading scheduled for December 2, 2025.

2. Adopt Resolution No. 72,025–N.S. (Local Findings of Fact)

3. Thank the members of the WUI Vegetation Code Workgroup for their efforts, asking them to submit a memo with any additional follow-up recommendations to the Fire Chief before their work concludes on December 31, 2025.

4. Request that the City Manager bring back any additional WUI items coming out of these recommendations to the City Council’s Public Safety Policy Committee.

5. Within 60 days of the State Board of Forestry’s Zone Zero recommendation becoming finalized regulation, request that the City Manager report back to City Council with an update on the differences between the state and local vegetation management laws (if any).

Vote: All Ayes.

Recess: 7:14 p.m. – 7:27 p.m.

11. Annual Surveillance Technology Report for Body Worn Cameras, GPS Trackers, Fixed Surveillance Video Cameras, Parking Enforcement Officer Automated License Plate Readers, the Street Level Imagery Project, Unmanned Aerial Systems, and Fixed Automated License Plate Readers From: City Manager
Recommendation: Pursuant to Chapter 2.99 of the Berkeley Municipal Code, adopt a Resolution accepting the Surveillance Technology Report for Body Worn Cameras, GPS Trackers, Fixed Surveillance Video Cameras, Automated License Plate Readers, the Street Level Imagery Project, Unmanned Aerial Systems, and Fixed Automated License Plate Readers.

Financial Implications: See report
Contact: Jennifer Louis, Police, (510) 981-5900
Action: 2 speakers. M/S/C (Taplin/Kesarwani) to adopt Resolution No. 72,026–N.S.

Vote: All Ayes.

Action Calendar – New Business
Monday, November 10, 2025 MINUTES Page 8

12. Referral to Amend Berkeley Municipal Codes 3.24.120 and

3.24.300 to Improve Procedure for Designating Landmarks, Historic Districts and Structures of Merit
From: Councilmember Kesarwani (Author), Councilmember Humbert (Co- Sponsor)
Recommendation: Refer to the City Manager and City Attorney to amend two related Berkeley Municipal Code (BMC) sections: 3.24.120, “Landmarks, Historic Districts and Structures of Merit-Designation-Initiation Procedures,” and its related BMC section 3.24.300, “Appeals-Procedures Required-City Council Authority.” This referral recommends refinements to the procedure for designating landmarks, historic districts, and structures of merit to discourage frivolous designations, often of sites that are planned to be redeveloped to address our City’s housing shortage.

Proposed amendments include the following two changes to the BMC:
1) Raising the threshold for the number of residents needed to sign the verified application of initiation of designation from 50 to 200; and 2) For properties located in residential zoning districts, require 51 percent of the residents within a 300-foot radius of the subject building/structure to be among the applicants signing on to initiate the landmark / structure of merit designation, similar to the threshold used for other City procedures by the Planning and Public Works departments. We note that this second requirement may necessitate the collection of more than 200 signatures.

Financial Implications: See report
Contact: Rashi Kesarwani, Councilmember, District 1, (510) 981-7110 Action: 16 speakers. M/S/C (Kesarwani/Humbert) to refer the proposal from Councilmember Kesarwani in Supplemental Communications Packet #1 and the proposal from Councilmember Tregub in Supplemental Communications Packet #2 to the City Manager and the City Attorney to consider potential amendments to Chapter 3.24.

Vote: All Ayes.

Public Comment – Items Not Listed on the Agenda - 5 speakers.

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

Vote: All Ayes.

Adjourned at 9:33 p.m.

Monday, November 10, 2025 MINUTES Page 9
I hereby certify that the foregoing is a true and correct record of the regular meeting held on November 10, 2025
_________________________
Mark Numainville, City Clerk
Communications
Waterside Workshops

1. Erin Woodell
California Writers Club

2. Richard Schwartz (2)
My Town AI

3. John J. Parman
Dia de Los Muertos Event

4. Adriana Betti on behalf of the Muertos Committee
Strong Shoreline Initiative

5. Rigel Robinson
IKE Kiosks

6. Sylvia
Care for Homeless People

7. Diana Bohn
Housing Concerns

8. Benito Romero
Traffic Safety

9. Whytes
Business Rights

10.Todd Andrew (2)

11.Beth Roessner
New CA State Legislation

12.Todd Andrew
Drone Proposal

13.Wendy Alfsen
Flock Concerns

14.Margots999

Monday, November 10, 2025 MINUTES Page 10
Elementary Reading Program

15.Marlene Cohen
Eid’s Televsion

16.Eid (3)
Newsletters

17.Berkeley Art Center

18.Downtown Berkeley Association
Middle East Conflict

19.Rebecca Ayers Azran (3)
Forwards

20.Russbumper (3)
URL’s

21.Russbumper
E-Scooters

22.Robert Borghese (6)

23.Devin Dollinger (4)

24.Wahid Amiri (3)
Supplemental Communications and Reports 1
Item #8: Resolution of the City of Berkeley Supporting the Bay Area Air District’s Zero Emission Building Appliance Rules

25.Jeffrey White (2)

26.Sarah Moore on behalf of the Environment and Climate Commission

27.Jean Tepperman
Item #12: Referral to Amend Berkeley Municipal Codes 3.24.120 and 3.24.300 to Improve Procedure for Designating Landmarks, Historic Districts and Structures of Merit

28.Revised agenda material submitted by Councilmember Rashi Kesarwani

29.Sharon Entwistle (3)

30.Karen Gilligan

31.Summer Brenner

32.Aimee Baldwin

33.Leila H. Moncharsh on behalf of the Berkeley Architectural Heritage Association Board

34.Richard Marcus

35.Frances Wilson

36.Lorna Byrne

37.Leonard Pitt

Monday, November 10, 2025 MINUTES Page 11
Supplemental Communications and Reports 2
Item #8: Resolution of the City of Berkeley Supporting the Bay Area Air District’s Zero Emission Building Appliance Rules

38.Revised agenda material submitted by Councilmember Igor Tregub

39.Cindy Shamban

40.Sam Fishman on behalf of SPUR, Act Now Bay Area, SF Bay PSR, Sierra Club SF Bay Chapter, Safe Cities and Stand.earth, Menlo Spark, and Carbon Free Palo Alto

41.Daniela Suarez on behalf of Local Clean Energy Alliance (LCEA)

42.Daniel Tahara on behalf of 350 Berkeley Hub

43.Tom Yamaguchi

44.Marjory Keenan

45.Rebecca Medcalf

46.Liz Ozol
Item #10: Adoption of and Amendments to the California Wildland-Urban Interface (WUI) Code

47.Janice Thomas
Item #11: Annual Surveillance Technology Report for Body Worn Cameras, GPS Trackers, Fixed Surveillance Video Cameras, Parking Enforcement Officer Automated License Plate Readers, the Street Level Imagery Project, Unmanned Aerial Systems, and Fixed Automated License Plate Readers

48.Office of the Director of Police Accountability on behalf of the Police Accountability Board (2)
Item #12: Referral to Amend Berkeley Municipal Codes 3.24.120 and 3.24.300 to Improve Procedure for Designating Landmarks, Historic Districts and Structures of Merit

49.Revised agenda material submitted by Councilmember Igor Tregub

50.Chris Hamilton

51.Janice Thomas

52.Jeff Baker
Supplemental Communications and Reports 3
Item #9: Adoption of the 2025 California Fire Code with Local Amendments

53.Presentation submitted by the Fire Department
Item #10: Adoption of and Amendments to the California Wildland-Urban Interface (WUI) Code

54.Presentation submitted by the Fire Department

55.Wildland Urban Interface (WUI) Working Group
Item #11: Annual Surveillance Technology Report for Body Worn Cameras, GPS Trackers, Fixed Surveillance Video Cameras, Parking Enforcement Officer Automated License Plate Readers, the Street Level Imagery Project, Unmanned Aerial Systems, and Fixed Automated License Plate Readers

56. Elana Auerbach

Monday, November 10, 2025 MINUTES Page 12

57.Janice Schroeder
Item #12: Referral to Amend Berkeley Municipal Codes 3.24.120 and

3.24.300 to Improve Procedure for Designating Landmarks, Historic Districts and Structures of Merit

58.Sarah Bell

59.Frances Wilson

60.Gregory Kalkinas

61.Paul Schwartz

62.Jane McKinne

63.Jeffrey Hart

64.Stephen Alpert
Miscellaneous

65.39 Postcards “More Climate Action, Less Hot Air”

Tuesday, November 18, 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, November 18, 2025
4:00 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702

ADENA ISHII, MAYOR
Councilmembers:

DISTRICT 1 – RASHI KESARWANI
DISTRICT 2 – TERRY TAPLIN
DISTRICT 3 – BEN BARTLETT
DISTRICT 4 – IGOR TREGUB
DISTRICT 5 – SHOSHANA O’KEEFE
DISTRICT 6 – BRENT BLACKABY
DISTRICT 7 – CECILIA LUNAPARRA
DISTRICT 8 – MARK HUMBERT
This meeting will be conducted in a hybrid model with both in-person and virtual attendance. Attend this meeting remotely using Zoom. To request to speak, use the “raise hand” function in Zoom. To join by phone: Dial 1-669- 254-5252 or 1-833-568-8864 (Toll Free) and enter Meeting ID: 160 387 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 $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, November 18, 2025 MINUTES Page 2
Preliminary Matters
Roll Call: 4:01 p.m.

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

Absent: Kesarwani, Taplin, Bartlett
Councilmember Kesarwani present at 4:17 p.m.

Councilmember Taplin present at 4:30 p.m.

Councilmember Bartlett present at 4:43 p.m.

Action Calendar – New Business

1. 2024 Police Accountability Board (PAB) & Office of the Director of Police Accountability (ODPA) Annual Report
From: Police Accountability Board, Director of Police Accountability Contact: Hansel Aguilar, Office of Director of Police Accountability, (510) 981-4950 Action: 5 speakers. Presentation made and discussion held, including revised material in Supplemental Communications Packet #2 from Office of the Director of Police Accountability.

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

Vote: All Ayes.

Adjourned at 6:10 p.m.

I hereby certify that the foregoing is a true and correct record of the special meeting held on November 18, 2025
_________________________
Mark Numainville, City Clerk
Communications
 None
Supplemental Communications and Reports 1
 None
Supplemental Communications and Reports 2

Tuesday, November 18, 2025 MINUTES Page 3
Item #1: 2024 Police Accountability Board (PAB) & Office of the Director of Police Accountability (ODPA) Annual Report

1. Revised agenda material submitted by the Director of Police Accountability Supplemental Communications and Reports 3
Item #1: 2024 Police Accountability Board (PAB) & Office of the Director of Police Accountability (ODPA) Annual Report

2. Presentation submitted by the Office of the Director of Police Accountability

Tuesday, November 18, 2025 MINUTES Page 1

MINUTES

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

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

Attachment 5

Tuesday, November 18, 2025 MINUTES Page 2
Preliminary Matters
Roll Call: 6:44 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: None
City Manager Comments: None
City Auditor Comments:

The City Auditor commented on the Audit status reports on the agenda as well as the AAO and the savings in the Auditor Department budget.

Public Comment on Non-Agenda Matters: 10 speakers.

Consent Calendar
Public Comment on Consent Calendar and Information Items Only: 4 speakers.

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

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

Consent Calendar
Tuesday, November 18, 2025 MINUTES Page 3

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 Action: Adopted second reading of Ordinance No. 7,986–N.S.

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 Action: Adopted second reading of Ordinance No. 7,987–N.S.

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 Action: Adopted second reading of Ordinance No. 7,989–N.S.

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
Action: Adopted the first reading of Ordinance No. 7,992–N.S. Second reading scheduled for December 2, 2025.

Consent Calendar
Tuesday, November 18, 2025 MINUTES Page 4

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
Action: Approved the minutes as submitted.

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
Action: Adopted Resolution No. 72,027–N.S.

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 Action: Adopted Resolution No. 72,028–N.S.

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 Action: Adopted the first reading of Ordinance No. 7,993–N.S. as revised in Supplemental Communications Packet #2 by the City Manager. Second reading scheduled for December 2, 2025.

Consent Calendar
Tuesday, November 18, 2025 MINUTES Page 5

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
Action: Adopted Resolution No. 72,029–N.S.

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
Action: Approved recommendation.

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
Action: Adopted Resolution No. 72,030–N.S.

Consent Calendar
Tuesday, November 18, 2025 MINUTES Page 6

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 Action: Adopted Resolution No. 72,031–N.S.

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 Action: Adopted Resolution No. 72,032–N.S.

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 Action: Adopted Resolution No. 72,033–N.S.

Consent Calendar
Tuesday, November 18, 2025 MINUTES 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 Action: Adopted Resolution No. 72,034–N.S.

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 Action: Adopted Resolution No. 72,035–N.S.

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 Action: Adopted Resolution No. 72,036–N.S.

Consent Calendar
Tuesday, November 18, 2025 MINUTES 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 Action: Adopted Resolution No. 72,037–N.S.

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 Action: Adopted Resolution No. 72,038–N.S.

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
Action: Adopted Resolution No. 72,039–N.S.

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
Action: Adopted Resolution No. 72,040–N.S.

Consent Calendar
Tuesday, November 18, 2025 MINUTES 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
Action: Adopted Resolution No. 72,041–N.S.

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
Action: Adopted Resolution No. 72,042–N.S. (Acumen), Resolution No. 72,043– N.S. (Millennium), Resolution No. 72,044–N.S. (Ninyo), and Resolution No. 72,045– N.S. (Geosyntec).

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
Action: Adopted Resolution No. 72,046–N.S.

Council Consent Items
Tuesday, November 18, 2025 MINUTES Page 10

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
Action: Adopted Resolution No. 72,047–N.S.

Council Consent Items

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–

Council Consent Items
Tuesday, November 18, 2025 MINUTES Page 11
$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 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

Council Consent Items
Tuesday, November 18, 2025 MINUTES Page 12
service coverage ratios, and examine the impact on deferred infrastructure liabilities.

Financial Implications: See report
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120 Action: Approved recommendation as recommended by the Budget & Finance Committee.

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: Adopted the first reading of Ordinance No. 7,994–N.S. as revised in Supplemental Communications Packet #2 by Councilmember Lunaparra. Second reading scheduled for December 2, 2025.

Action Calendar – Public Hearings

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 Public Testimony: The Mayor opened the public hearing. 0 speakers.

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

Vote: All Ayes.

Action: M/S/C (Tregub/Humbert) to adopt the second reading of Ordinance No. 7,988–N.S.

Vote: All Ayes.

Action Calendar – Public Hearings
Tuesday, November 18, 2025 MINUTES Page 13

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 Public Testimony: The Mayor opened the public hearing. 0 speakers.

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

Vote: All Ayes.

Action: M/S/C (Tregub/Taplin) to adopt the first reading of Ordinance No. 7,995– N.S. Second reading scheduled for December 2, 2025.

Vote: All Ayes.

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 Action: 10 speakers. M/S/C (Humbert/Lunaparra) to adopt Resolution No. 72,048– N.S. as amended in Supplemental Communications Packet #2 by Councilmember Humbert; and further amended to add a clause directing the City Manager to initiate non-renewal proceedings for all Mills Act contracts. In addition, Councilmember Humbert noted for the record that this action does not constitute a project under the California Environmental Quality Act.

Vote: All Ayes.

Council Action Items
Tuesday, November 18, 2025 MINUTES 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 Action: 3 speakers. Councilmember Blackaby added as a co-sponsor. M/S/C (Taplin/Humbert) to approve the recommendation.

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

Information Reports

32. 2025 Audit Follow-up Status Update
From: Auditor
Contact: Jenny Wong, Auditor, (510) 981-6750
Action: Received and filed.

33. Independent Third-Party Audit of the Payroll Audit Division From: Auditor
Contact: Jenny Wong, Auditor, (510) 981-6750
Action: Received and filed.

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

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

Vote: All Ayes.

Adjourned at 10:06 p.m.

I hereby certify that the foregoing is a true and correct record of the regular meeting held on November 18, 2025
_________________________
Mark Numainville, City Clerk

Tuesday, November 18, 2025 MINUTES Page 15
Communications
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

Tuesday, November 18, 2025 MINUTES Page 16
E-Bike Test & Rides

21.Jill Holloway

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

Tuesday, November 18, 2025 MINUTES Page 17

39.Morgan Read

40.Denny

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

Tuesday, November 18, 2025 MINUTES Page 18

71.Berkeley Art Center

72.Downtown Berkeley Association
E-Scooters

73.Robert Borghese (10)

74.Devin Dollinger (11)

75.Nicolas Nagle
Supplemental Communications and Reports 1
Item #27: Sanctuary City Contracting Ordinance Updates

76.Revised agenda material submitted by Councilmember Cecilia Lunaparra, Mayor Adena Ishii, Vice Mayor Mark Humbert, and Councilmember Brent Blackaby Item #30: Pausing City of Berkeley Authorization for Mills Act Agreements

77.Peggy Radel

78.Frederica and Robert Breuer

79.Janice Thomas (2)

80.Oren Cheyette

81.Joel Myerson

82.Laura Veit and Isaac Warshauer
Item #31: Unmanned Aerial Systems and Drones as First Responders

83.Supplemental agenda material submitted by Councilmember Terry Taplin Supplemental Communications and Reports 2
Item #1: Amending Berkeley Municipal Code Chapter 7.54 The Empty Homes Tax Item #2: Amendment to Ground Lease with East Bay Regional Park District at 400 Gilman Street (Tom Bates Regional Sports Complex)
Item #3: Remove Pre-Transfer Eligibility Restriction of the Transfer Tax Rebate for Wildfire Hardening
Item #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

84.Barbara Gilbert
Item #3: Remove Pre-Transfer Eligibility Restriction of the Transfer Tax Rebate for Wildfire Hardening

85.Yen Trac
Item #8: Amendment: FY 2026 Annual Appropriations Ordinance

86.Revised agenda material submitted by the City Manager’s Office Item #27: Sanctuary City Contracting Ordinance Updates

87.Revised agenda material submitted by Councilmember Cecilia Lunaparra, Mayor Adena Ishii, Vice Mayor Mark Humbert, Councilmember Brent Blackaby Item #30: Pausing City of Berkeley Authorization for Mills Act Agreements

Tuesday, November 18, 2025 MINUTES Page 19

88.Supplemental agenda material submitted by Councilmember Mark Humbert, Mayor Adena Ishii, Councilmember Rashi Kesarwani, and Councilmember Cecilia Lunaparra

89.Frederica Drotos
Item #19: Mills Act Contract – 1619 Walnut Street
Item #30: Pausing City of Berkeley Authorization for Mills Act Agreements

90.Laura Veit and Isaac Warshauer
Supplemental Communications and Reports 3
Item #19: Mills Act Contract – 1619 Walnut Street

91.Jeffrey Baker
Item #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

92.Geoff Lomax
Action Calendar
Item #30: Pausing City of Berkeley Authorization for Mills Act Agreements

93.Leila H. Moncharsh on behalf of Berkeley Architectural Heritage Association (2)

94.Elizabeth Snowden and Charles P. Smith

95.Jane McKinne

96.Krishna Shekhawat

97.Jeffrey Baker

98.Andrew Ryan

99.Marc Grant and Jeanne Allen
100. Delia Taylor
101. Doris Fulder Nassiry
Item #31: Unmanned Aerial Systems and Drones as First Responders 102. Neil Egbert on behalf of the Berkeley Police Association

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
December 2, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Mark Numainville, City Clerk
Subject: Revised Conflict of Interest Code

RECOMMENDATION
Adopt a Resolution approving a revised Conflict of Interest Code for the City of Berkeley and rescinding Resolution No. 71,108–N.S.

FISCAL IMPACTS OF RECOMMENDATION
None.

CURRENT SITUATION AND EFFECTS
In accordance with the Political Reform Act, all municipalities are required to develop and publicly adopt a Conflict of Interest Code (Code) that identifies specific positions subject to financial disclosure requirements, including defined levels of disclosure. Furthermore, the Code must be updated within prescribed timeframes to reflect changes such as the creation of new positions or modifications to existing roles (Government Code Sections 87100 et seq.).

The appendices of various departments have been revised to accurately represent current organizational structures, including the addition of newly created classifications and the removal of outdated positions. The Department Review Forms provide a comprehensive overview of new and eliminated positions (Attachment 2).

Additionally, the disclosure appendices for the following entities have been updated to ensure compliance with current regulations:
 The newly established SAFE STREETS Citizen Oversight Committee has been incorporated into the Code following voter approval of Measure FF on November 5, 2024.
 The classification formerly known as Legislative Assistant has been updated to Legislative Aide in accordance with Resolution No. 71,311-N.S.  The disclosure categories for the Fair Campaign Practices Commission and the Open Government Commission have been revised.

Revised Conflict of Interest Code CONSENT CALENDAR December 2, 2025
Revisions to the Code were made in consultation with the City Attorney’s Office and Department Directors.

BACKGROUND
The City of Berkeley’s first Conflict of Interest Code was adopted on October 1, 1982 by Resolution No. 51,425–N.S. and has been amended as necessary over time to reflect changes in regulations, departmental organizational structure, designated positions within departments, and commissions. A revised Code was last adopted by the City Council on November 28, 2023 by Resolution No. 71,108–N.S.

The Code accurately designates all positions that make or participate in the making of governmental decisions. The disclosure categories assigned to these positions require the disclosure of all investments, business positions, interests in real property and sources of income, which may foreseeably be affected materially by the decisions made by those designated positions. The Code includes all other provisions required by Government Code Section 87302 and incorporates by reference FPPC Regulation 2 Cal. Admin. Code Section 18730.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Use of electronic filing of Form 700s has saved a substantial amount of paper and vehicle trips to 2180 Milvia Street.

RATIONALE FOR RECOMMENDATION
The City is required by state law to adopt a Conflict of Interest Code. Ongoing revisions are necessary to ensure that the Code accurately reflects the designated positions outlined in each department’s organizational structure.

ALTERNATIVE ACTIONS CONSIDERED
None.

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

ATTACHMENTS

1. Resolution
Exhibit A: Conflict of Interest Code – Department Appendices Exhibit B: Conflict of Interest Code – Commission Appendices Exhibit C: Conflict of Interest Code – Consultant Appendix Exhibit D: Conflict of Interest Code – Retired Annuitant Appendix Exhibit E: Listing of conflict of interest code – department, commission, consultant, and retired annuitant appendices

2. City’s Department Review Forms

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

ADOPTING A REVISED CONFLICT OF INTEREST CODE FOR THE CITY OF BERKELEY AND RESCINDING RESOLUTION NO. 71,108–N.S.

WHEREAS, the Political Reform Act (the Act), Government Code Sections 81000, et seq., requires every state or local government agency to adopt and promulgate a Conflict of Interest Code; and
WHEREAS, state law as specified in the Act requires the City Council as the code- reviewing body to direct the review of its Conflict of Interest Code; and WHEREAS, the Act further requires that such direction must occur by July 1 of each even numbered year; and
WHEREAS, the Act additionally requires the submission of a revised conflict of interest code for approval by the code-reviewing body or the notification of said body that no changes are necessary; and
WHEREAS, the Fair Political Practices Commission has adopted a regulation, 2 Cal.

Adm. Code Section 18730, which contains the terms of a standard model Conflict of Interest Code, which can be incorporated by reference, and which may be amended by the Fair Political Practices Commission after public notice and hearings to conform to amendments to the Act; and
WHEREAS, the City of Berkeley may incorporate in its Conflict of Interest Code, by reference, regulation, 2 Cal. Adm. Code Section 18730; and WHEREAS, on October 1, 1982, the City Council of the City of Berkeley adopted Resolution No. 51,425–N.S., Conflict of Interest Code, for the City of Berkeley; and WHEREAS, the Code has been amended over time to incorporate changes in regulations, departmental organizational structure, changes in job classifications, and the addition and deletion of certain boards and commissions; and WHEREAS, the most recent amendment to the City of Berkeley’s Conflict of Interest Code, as set forth in Resolution No. 71,108–N.S, adopted November 28, 2023, requires minor amendments to reflect the current organizational structure of departments, their designated positions and level of disclosure; and
WHEREAS, the Council has determined that the attached Conflict of Interest Code accurately sets forth the current organizational structure of departments, their designated positions, and the respective categories of financial interests which should be made reportable and those boards and commissions which should be designated and the respective categories of financial interests which should be made reportable by their members; and

WHEREAS, state law allows the City to accept Form 700 electronically and designate the electronic filing as the filing of record, and the City has the ability to accept and process electronic filings.

NOW THEREFORE, BE IT RESOLVED, by the Council of the City of Berkeley as follows:

Section 1. That Resolution No. 71,108–N.S. is hereby rescinded.

Section 2. That the City of Berkeley Conflict of Interest Code is hereby adopted, as attached, and includes the following:
(a) With the additions noted below, the terms of 2 Cal. Adm. Code Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference and made a part of the Conflict of Interest Code of the City of Berkeley except that: (1) the term "investment" shall apply to financial interests in non- profit organizations as well as business entities; (2) the term "interest in real property" includes interests in berths at the Berkeley Marina regardless of when they expire; (3) the terms "non-profit organization" and "business entity" are limited to the jurisdiction in the same manner as the term "investment," i.e., they apply only if the non-profit organization, the business entity, or any parent, subsidiary or otherwise related entity has an interest in real property in the jurisdiction, or does business or plans to do business in the jurisdiction, or has done business in the jurisdiction at any time during the two years prior to the time any statement or other action is required under this Code. (b) Designated Positions with Reporting Requirements.

Elected officials, legislative aide, members of boards and commissions appointed by the City Council, consultants and City employees holding designated positions shall be considered designated positions subject to reporting requirements under the Conflict of Interest Code, and shall disclose financial interests as set forth in the appendices listing individual disclosure categories.

Section 3. Filing of Statements
Persons holding designated positions shall file Statements of Economic Interests with the City of Berkeley on Fair Political Practices Commission forms, in conformance with the individual disclosure categories and State guidelines, when requested by the City Clerk.

The City Clerk will retain custody of the statements and make the statements available for public inspection and reproduction. City Employees and Legislative Aides in designated positions shall file electronic Statements of Economic Interests (e-file). The electronic filing will be the filing of record for City Employees and Legislative Aides. City Commissioners may file in paper or file electronic Statements of Economic Interests (e- file). Statements filed electronically by Commissioners will be the filing of record.

Section 4. Late Filings and Failure to File Statements
Any violation of any provision of this Code is subject to the administrative, criminal and civil sanctions provided in the Political Reform Act, Government Code Sections 81000 et seq. The following additional regulations shall apply to City of Berkeley (a) employees, (b) legislative aides, (c) members of boards and commissions appointed by the City Council or by an existing City commission, and (d) consultants:
a. City Employees
If a City employee fails to e-file an Assuming Office or Annual Statement of Economic Interests within thirty days after the City Clerk has given specific written notice of non- filing, they shall be suspended without pay until such time as the required disclosure form has been e-filed. The employee’s supervisor shall comply with the provisions of the appropriate Memorandum of Understanding or City of Berkeley Personnel Rules and Regulations in imposing such suspension, in addition, the City Clerk shall impose late filing fees in accordance with Government Code Section 91013 and 91013.5. Prior to resuming active employment with the City of Berkeley, all outstanding statements must be filed and any outstanding fine, payable under Government Code Section 91013, shall be paid. No person shall resume active employment with the City of Berkeley if there are outstanding statements or fines.
b. Legislative Aide
If a legislative aide fails to e-file an Assuming or Annual Statement of Economic Interests within thirty days after the City Clerk has given specific written notice of non-filing, the legislative aide shall be terminated until such time as the required disclosure form has been e-filed, in addition, the City Clerk shall impose late filing fees in accordance with Government Code Sections 91013 and 91013.5. Prior to being reappointed by a Councilmember, all outstanding statements must be filed and any outstanding fine, payable under Government Code Section 91013, shall be paid. No person shall resume employment as a legislative aide if there are outstanding statements or fines. c. Members of Boards and Commissions
If a member of any non-elected board or commission specified in the Code fails to file an Assuming Office Statement of Economic Interests within thirty days after their date of appointment, the commissioner’s term shall expire. Similarly, if an Annual Statement of Economic Interests is not filed within thirty days after the City Clerk has given specific written notice of non-filing, the member's term on the commission shall expire. The City Clerk shall notify the commissioner that their term has expired and the appointing councilmember that a vacancy exists on the commission; in addition, the City Clerk shall impose late filing fees in accordance with Government Code Sections 91013 and 91013.5.

If the commissioner has not taken the Oath of Office and not attended any meetings, the commissioner is deemed not to have accepted the appointment and is not subject to filing obligations.

Prior to being reappointed to any commission, all outstanding filings for all commission appointments must be filed and any outstanding fines, payable under Government Code Section 91013, shall be paid. No person shall be appointed to any commission if there are outstanding statements or fines; and no person shall be appointed to any commission for a period of one year if terminated from any commission more than once for failure to file statements.
d. Consultants
If a consultant, as defined in 2 Cal. Code Regs. Section 18701, fails to file any Statement of Economic Interests within thirty days after the City Clerk has given specific written notice of non-filing, they shall be advised by the City's project manager that no further payments shall be made by the City of Berkeley under the contract until such statement has been received by the City Clerk. The City Clerk shall also impose late filing fees in accordance with Government Code Sections 91013 and 91013.5.

Section 5. Interest and Positions in Non-Profit Organizations - Disclosure and Disqualification Whenever a disclosure category requires disclosure of specific financial interests or positions in business entities, disclosure of the equivalent financial interests or positions in non-profit organizations is required. Disqualification shall be required as to a disclosed interest or position in a non-profit organization whenever disqualification would have been required as a result of an equivalent financial interest or position in a business entity.

Section 6. Berkeley Housing Authority
The Berkeley City Clerk Department serves as the designated filing official for Berkeley Housing Authority (Authority) Form 700 Economic Disclosure Statements. The Authority is responsible for collecting these statements from all individuals required to submit them.

For individuals specified under Government Code Section 87200, such as Board Members and the Executive Director, the Authority will forward the original filings to the City Clerk Department while retaining a copy for their own records. The City Clerk Department will ensure compliance with the filing obligations for the 87200 filers.

Regarding other filers who do not fall under Government Code Section 87200, such as the Finance Manager, Management Analyst, Administrative Assistant, Accountant, Housing Specialist, and General Counsel, the Authority will retain the original statements and enforce the associated filing requirements internally. Additionally, the Authority is responsible for overseeing the administration of the Oath of Office for its members.

Section 7. Revisions to the City's Conflict of Interest Code The City Clerk will review the City's Conflict of Interest Code on an biennial basis and if changes are required will submit a revised code for Council approval, or if no changes are necessary so notify the City Council, by the applicable deadline specified in the Political Reform Act.

CITY ATTORNEY’S OFFICE APPENDIX
Designated Employees Disclosure Categories
Assistant City Attorney 1
Assistant to the City Attorney 1
City Attorney 1
Deputy City Attorney I, II, III, IV 1
Paralegal 1
Risk Manager 1
Senior Paralegal 1
Disclosure Categories
Category 1
All designated employees shall disclose all business entities and non-profi t organizations
in which they have an investment or in which they are a director, officer, partner, trustee, employee or hold any position of management; all interests in real property; and all sources of income, including gifts, loans and travel payments.

Exhibit A-1

CITY AUDITOR'S OFFICE APPENDIX
Designated Employees Disclosure Categories
Audit Manager 1
Auditor I, II 1
City Auditor 1
Deputy City Auditor for Payroll Management 1
Senior Auditor 1
Disclosure Categories
Category 1
All designated employees shall disclose all business entities and non-profi t organizations
in which they have an investment or in which they are a director, officer, partner, trustee, employee or hold any position of management; all interests in real property; and all sources of income, including gifts, loans and travel payments.

Exhibit A-2

CITY CLERK DEPARTMENT APPENDIX
Designated Employees Disclosure Categories
Assistant City Clerk 1
City Clerk 1
Deputy City Clerk 1
Disclosure Categories
Category 1
All designated employees assigned to this category shall disclose all business entities, and non-profi
t organizations in which they have an investment or in which they are a director, officer, partner, trustee, employee or hold any position of management; all interests in real property; and all sources of income, including gifts, loans and travel payments.

Exhibit A-3

CITY MANAGER'S DEPARTMENT APPENDIX
Designated Employees Disclosure Categories

ADMINISTRATION
Admi
nistrative Hearing Examiner 1
Assistant to the City Manager 1
City Manager 1
Community Services Specialist III 2
Deputy City Manager 1
Digital Communications Coordinator 1
Homeless Services Coordinator 1
Program Manager II 1

ANIMAL CARE SERVICES
Animal Services Manager 1
Registered Veterinary Technician 1
Veterinarian 1

CODE ENFORCEMENT GROUP
Code Enforcement Officer 1
Code Enforcement Supervisor 1

DIVERSITY, EQUITY AND INCLUSION DIVISION
Diversity, Equity, and Inclusion Officer 1

OFFICE OF BUDGET AND FISCAL MANAGEMENT
Budget Manager 1
Senior Management Analyst 1

OFFICE OF ECONOMIC DEVELOPMENT
Assistant Management Analyst 1
Civic Arts Coordinator 1
Community Development Project Coordinator 1
Economic Development Project Coordinator 1
Manager of Economic Development 1
Senior Economic Development Project Coordinator 1
Exhibit A-4

CITY MANAGER'S DEPARTMENT APPENDIX
Disclosure Categories
Category 1
Page2 of 2
Designated employees assigned to this category shall disclose all business entities, and non-profit organizations in which they have an investment or in which they are a director officer, partner , trustee, employee or hold any position of management; all intere sts in real property; and all sources of income, including gifts, loans and travel payments.

Category 2
Designated employees assigned to this category shall disclose business entities and non­ profit organizations in which they have an investment or in which they are a director, officer, partner, trustee, employee or hold any position of management; and income, including gifts, loans and travel payments; if the business entity, non-profit organization or source of income manufactures, distributes, sells or otherwise provides goods or services of the type utilized by the division or program to which the designated employee is assigned.

Category 3
Designated employees assigned to this category shall disdose business entities and non­ profit organizations in which they have an investment or in which they are a director, officer, partner, trustee, employee or hold any position of management; and income, including gifts, loans and travel payments; if the business entity, non-profit organization or source of income manufactures, distributes, sells or otherwise provides goods or services of the type utilized by any division or program in the Department of Health, Housing and Community Services.

Exhibit A-4

DEPARTMENT OF INFORMATION TECHNOLOGY APPENDIX
Designated Employees Disclosure Categories
Application Programmer Analyst II 1
Customer Service Manager 1
Database Administrator 1
Director of Information Technology 1
Information Security Manager 1
Information Systems Manager 1
Program Manager I, II 1
Senior Information Systems Specialist 1
Senior Management Analyst 1
Senior Systems Analyst 1
Disclosure Categories
Category 1
Designated employees assigned to this category shall disclose all business entities, and non-prof
it organizations in which they have an investment or in which they are a director, officer, partner, trustee, employee or hold any position of management; all interests in real property; and all sources of income, including gifts, loans and travel payments.

Exhibit A-5

FINANCE DEPARTMENT APPENDIX
Designated Employees Disclosure Categories

ADMINISTRATION
Deputy Director of Finance 1
Dir
ector of Finance 1
Senior Systems Analyst 1
Systems Accountant 1

ACCOUNTING DIVISION
Accounting Manager 1
Senior Accountant 2

TREASURY DIVISION
Revenue Development Specialist II 1
Revenue Development Supervisor 1
Treasury Manager 1

REVENUE COLLECTIONS DIVISION
Revenue Collection Manager 1

GENERAL SERVICES DIVISION
Buyer 1
Contract Administrator 1
General Services Manager 1
Senior Buyer 1
Exhibit A-6

FINANCE DEPARTMENT APPENDIX Page 2 of 2
Disclosure Categories
Category 1
Designated employees assigned to this category shall disclose all business entities and non-prof
it organizations in which they have an investment or in which are a director, officer, partner, trustee, employee or hold any position of management; all interests in real property; and all sources of income including gifts, loans and travel payments.

Category 2
Designated employees assigned to this category shall disclose business entities or non- profi
t organizations in which they have an investment or in which they are a director, officer, partner, trustee, employee or hold any position of management; and income, including gifts, loans and travel payments; if the business entity, non-profit organization or source of income:
(a) is a financial institution or is otherwise eligible under state law to have city funds, including pension, retirement and deferred compensation funds, deposited with it or invested in it;
(b) is of the type which has provided services, including but not limited to professional advice on investment, bond, tax or legal matters, to the Finance Department within the previous two years;
(c) is subject to a City of Berkeley licensing requirement; or (d) provides real property sales or management services or owns or operates real property of the type leased or purchased by the City of Berkeley within the previous two years.

Exhibit A-6

FIRE AND EMERGENCY SERVICES DEPARTMENT APPENDIX
Designated Employees Disclosure Categories

FIRE - OFFICE OF THE CHIEF
Administrative & Fiscal Services Manager 1
Ass
ociate Management Analyst 3
Communications Specialist 4
Fire Chief 1
Principal Program Manager 1

TRAINING
Assistant Fire Chief 1
Fire Captain I, II 2, 3

OPERATIONS
Assistant Fire Chief 1
Battalion Chief 1
Deputy Fire Chief 1
Fire Captain I, II 2, 3
Fire Mechanic Lead 4

FIRE PREVENTION
Assistant Management Analyst 2, 4
Deputy Fire Marshal 1
Fire and Life Safety Plans Examiner 2, 4
Fire Marshal 1
Fire Prevention Inspectors 2

SPECIAL OPERATIONS DIVISION OFFICE OF EMERGENCY SERVICES Emergency Services Coordinator 4
Pr
ogram Manager I, II 1
Exhibit A-7

FIRE AND EMERGENCY SERVICES DEPARTMENT APPENDIX Page 2 of 3 Designated Employees Disclosure Categories

EMERGENCY MEDICAL SERVICES
Assistant Fire Chief 1
Emergency Medical Services Quality Improvement &
Education Coordinator 2, 3
Fire Captain I, II 2, 3
Paramedic Supervisor 2, 3

WILDLAND URBAN INTERFACE
Assistant Fire Chief 1
Assistant Fire Inspector 2
Fire Prevention Inspectors 2
Disclosure Categories
Category 1
Designated employees assigned to this category shall disclose all business entities and non-prof
it organizations in which they have an investment or in which they are a director, officer, partner, trustee, employee or hold any position of management; all i nterests in real property, and all sources of income, including gifts, loans and travel payments.

Category 2
Designated employees assigned to this category shall disclose any interest in commercial, industrial, or institutional real property; in residential rental property consisting of three or more units; or any other property subject to fire inspection. In additi
on, designated employees assigned to this category shall disclose business entities or non- profit organizations in which they have an investment or in which they are a director, officer, partner, trustee, employee or hold any position of management; and income, including gifts, loans and travel payments; if the business entity, non- profit organization or source of income:
(a) owns, manages, or operates real property of the type subject to fire inspection; or (b) is in the building and construction industry, including but not limited to architects, developers, contractors, sub-contr
actors, materials suppliers or consultants.

Exhibit A-7

FIRE AND EMERGENCY SERVICES DEPARTMENT APPENDIX Page 3 of 3 Category 3
Designated employees assigned to this category shall disclose business entities or non- profi
t organizations in which they have an investment or in which they are a director, officer, partner, trustee, employee or hold any position of management; and income, including gifts, loans and travel payments; if the business entity, non- profit organization or source of income manufactures, distributes, sells, leases or otherwise provides goods, equipment, or services of the type utilized by the Fire and Emergency Services Department.

Category 4
Designated employees assigned to this category shall disclose business entities or non- profi
t organizations in which they have an investment or in which they are a director, officer, partner, trustee, employee or hold any position of management; and income, including gifts, loans and travel payments; if the business entity, non- profit organization or source of income manufactures, distributes, sells, leases or otherwise provides goods, equipment or services of the type utilized by the division or program of the Fire and Emergency Services Department to which the designated employee is assigned.

Exhibit A-7

HEALTH, HOUSING AND COMMUNITY SERVICES DEPARTMENT

APPENDIX
Designated Employees Disclosure Categories

OFFICE OF THE DIRECTOR
Accounting Office Specialist Supervisor 4
Admi
nistrative & Fiscal Services Manager 1
Associate Management Analyst 2
Community Services Specialist II 4, 6
Community Services Specialist III 4, 6, 8
Deputy Director of Health, Housing & Community Services 1 Director of Health, Housing & Community Services 1
Epidemiologist 8
Health Officer 1
Health Services Program Specialist 3
Principal Program Manager 1
Program Manager I, II 1
Public Health Program Physician/Deputy Health Officer 1, 6 Senior Health Management Analyst 4, 6
Senior Health Services Program Specialist 4, 6
Senior Management Analyst 2
Supervising Public Health Nurse 4, 6

AGING SERVICES DIVISION
Manager of Aging Services 1
Mental Health Clinical Supervisor 4, 6
Senior Citizen Center Director 4, 6
Seniors Nutrition Program Supervisor 4, 6
Transportation Services Coordinator 4, 6
Exhibit A-8

HEALTH, HOUSING AND COMMUNITY SERVICES DEPARTMENT APPENDIX Page 2 of 6 Designated Employees Disclosure Categories

HOUSING AND COMMUNITY SERVICES DIVISION
Associate Management Analyst 6
Ass
ociate Planner 8
Building Inspector I (Certified) 1
Community Development Project Coordinator 1
Community Services Specialist II & III 8
Homeless Services Coordinator 8
Manager of Housing and Community Services 1
Program Manager II 1
Senior Community Development Project Coordinator 1
Senior Management Analyst 2

ENVIRONMENTAL HEALTH DIVISION
Environmental Health Supervisor 1
Manager of Environmental Health 1
Registered Environmental Health Specialist 8
Senior Environmental Health Specialist 1
Vector Control Technician 8

MENTAL HEALTH DIVISION
Assistant Manager of Mental Health Services 1
Associate Management Analyst 4,8
Community Services Specialist III 4,6
Health Services Program Specialist 2
Manager of Mental Health Services 1
Mental Health Clinical Supervisor 4, 6
Mental Health Program Supervisor 2
Supervising Mental Health Nurse 4, 6
Supervising Psychiatrist 1
Exhibit A-8

HEALTH, HOUSING AND COMMUNITY SERVICES DEPARTMENT APPENDIX Page 3 of 6 Designated Employees Disclosure Categories

PUBLIC HEALTH DIVISION
Community Services Specialist I 4, 8
Community Services Specialist III 4, 6
Health Nutrition Program Coordinator 4, 6
Health Services Program Specialist 3
Health Services Supervisor 1
Lactation Counselor 4,6
Manager of Public Health Services 1
Public Health Investigator 4,6
Senior Health Services Program Specialist 4, 6
Supervising Public Health Nurse 4, 6
Disclosure Categories
Category 1
Designated employees assigned to this category shall disclose all business entities and non-profit organizations in which they have an investment or in which they are a director, officer, partner, trustee, employee or hold any position of management; all i nterests in real property; and all sources of income, including gifts, loans and travel payments.

Category 2
Des
ignated employees assigned to this category shall disclose business entities and non- profit organizations in which they have an investment or in which they are a director, officer, partner, trustee, employee or hold any position of management; and income, including gifts, loans and travel payments; if the business entity, non- prof it organization or source of
income manufactures, distributes, sells or otherwise provides goods or services of the type utilized by any division or program in the Department of Health, Housing and Community Services.

Exhibit A-
8

HEALTH, HOUSING AND COMMUNITY SERVICES DEPARTMENT APPENDIX Page 4 of 6 Category 3
Designated employees assigned to this category shall disclose any interest in real property located within a Berkeley target area or neighborhood strategy area. In addition they shall also disclose business entities or non- prof it organizations in which they have
an investment or in which they are a director, officer, partner, trustee, employee or hold any position of management; and income including gifts, loans and travel payments; if the business entity, non- profit organization or source of income is:
a) a building contractor or subcontractor of the type performing work under Berkeley Housing Rehabilitation Programs; or
b) is from individuals who have applied for or received housing rehabilitation assistance from the City of Berkeley within the previous two years.

Category 4
Designated employees assigned to this category shall disclose business entities and non- profi
t organizations in which they have an investment or in which they are a director, officer, partner, trustee, employee or hold any position of management; and incom e, including gifts, loans and travel payments; if the business entity, non- profit organization or source of income manufactures, distributes, sells or otherwise provides goods or services of the type utilized by the division or program in the Department of Health, Housing and Community Services to which the designated employee is assigned.

Category 5
Designated employees assigned to this category shall disclose business entities or non- profi
t organizations in which they have an investment or in which they are a director, officer, partner, trustee, employee or hold any position of management; and income, including gifts, loans and travel payments; if the business entity, non- profit organization or source of income:
a) manufactures, distributes, sells installs or otherwise markets equipment for energy conservation or alternative energy development; or
b) provides services, including but not limited to design, repair, advocacy or consultation services, in the areas of energy conservation or alternative energy development.

Exhibit A-8

HEALTH, HOUSING AND COMMUNITY SERVICES DEPARTMENT APPENDIX Page 5 of 6 Category 6
Designated employees assigned to this category shall disclose all business entities or non- profit organizations in which they have an investment, or in which they are a director, officer, partner, trustee, employee or hold any position of management and income, including gifts, loans and travel payments; if the business entity, non- profit organization or source of income is of the type which receives funds under contract with the City of Berkeley to:
a) Serve the social welfare needs of the people of Berkeley; or b) Provide health services, including but not limited to emergency services, obstetric, gynecological or maternity care, care for chronic or communicable diseases, and mental health; or
c) Provide services to the aging; or
d) Lease, own, or operate real property of the type suitable for the program or services under the supervision of the designated employee; or of the type suitable to be leased, owned, or operated by the City of Berkeley for health programs under the supervision of the designated employee.

Category 7
Designated employees assigned to this category shall disclose any interest in real property consisting in whole or in part of residential rental property. In addition, they shall disclose business entities or non-profit organizations in which they have an investment or in which they are a director, officer, partner, trustee, employee or hold any position of management; and income, including gifts, loans and travel payments; if the business entity or source of income has an interest in, operates or manages residential rental property.

Category 8
Designated employees assigned to this category shall disclose business entities or non- profit organizations in which they have an investment or in which they are a director, officer, partner, trustee, employee or hold any position of management and income, including gifts, loans and travel payments; if the business entity, non- profit organization or source of income:
a) is of the type whose contracts with the City of Berkeley are monitored by the Department of Health, Housing and Community Services or which receives funds under contract with the City of Berkeley to serve the social welfare needs of the people of the Berkeley; or
b) is of the type which manufactures, distributes, sells or otherwise provides goods or services of the type utilized by the designated employee’s division of the Department of Health, Housing and Community Services
Exhibit A-8

HEALTH, HOUSING AND COMMUNITY SERVICES DEPARTMENT APPENDIX Page 6 of 6 Category 9
Designated employees assigned to this category shall disclose all business entities or non-prof
it organizations in which they have an investment, or in which they are a director, officer, partner, trustee, employee or hold any position of management; any interest in real property within one-fourth mile of any Berkeley Senior Center and income, including gifts, loans and travel payments; if the business entity, non- profit organization or source of income is of the type which receives funds under contract with the City of Berkeley to:
a) Serve the social welfare needs of the people of Berkeley; or b) Provide health services, including but not limited to emergency services, care for chronic or communicable diseases, and mental health; or c) Provide services to the aging; or
d) Lease, own, or operate real property of the type suitable for the program or services under the supervision of the designated employee; or of the type suitable to be leased, owned, or operated by the City of Berkeley for community services programs under the supervision of the designated employee.

Exhibit A-8

HUMAN RESOURCES DEPARTMENT APPENDIX
Designated Employees Disclosure Categories
Associate Human Resources Analyst (Recruitment /
Exams)
2 Director of Human Resources 1
Employee Relations Manager 1
Equal Employment, Opportunity & Diversity Officer 1
Human Resources Manager 1
Occupational Health and Safety Officer 2, 3
Occupational Health and Safety Specialist 3
Senior Human Resources Analyst 2, 3
Training Officer 2
Worker's Compensation Analyst 3

BENEFITS DIVISION
Associate Human Resources Analyst 3
Exhibit A-9

Human Resources Department Appendix Page 2
Disclosure Categories
Categ
ory 1
Designated employees in this category shall disclose all business entities and non- profit organizations in which they are a director, officer, partner, trustee, employee or hold any position of management; all interests in real property and all sources of income, including gifts, loans and travel payments.

Category 2
Designated employees assigned to this category shall disclose business entities or non- profit organizations in which they have an investment or in which they are a director, officer, partner, trustee, employee or hold any position of management; and income including gifts, loans and travel payments; if the business entity, non- profit organization or source of income:
(a) is a labor union; or
(b) is of the type which has provided the Human Resources Department within the previous two years with testing materials or services, or with services of any other kind including but not limited to consultant services or medical examination services; or
(c) provides training, organizational development or facilitator services.

Category 3
Designated employees assigned to this category shall disclose business entities or non- profit organizations in which they have an investment or are a director, officer, partner, trustee, employee or hold any position of management; and income including gifts, loans and travel payments; if the business entity, non-profit organization or source of income is of the type which provides insurance of any kind, including but not limited to workers' compensation, health, life or liability insurance or related services.

Exhibit A-9

LIBRARY DEPARTMENT APPENDIX
Designated Employees Disclosure Categories

ADMINISTRATION SERVICES
Administrative & Fiscal Services Manager 1
Deputy
Director of Library Services 1
Director of Library Services 1

CIRCULATION SERVICES DIVISION
Circulation Services Manager 1

CHILDREN'S / NEIGHBORHOOD SERVICES DIVISION
Library Services Manager 1

EQUITY, DIVERSITY, AND INCLUSION
Program Manager II 1

MAINTENANCE DIVISION
Senior Building Maintenance Supervisor 1

TECHNICAL SERVICES & INFOMATION TECHNOLOGY
Library Information Systems Administrator 1
Library Services Manager 1
Disclosure Categories
Category 1
Designated employees assigned to this category shall disclose all business entities and non-profit organizations in which they have an investment or in which they are a director, officer, partner, trustee, employee or hold any position of management; all interests in real property; and all sources of income, including gifts, loans and travel payments.

Exhibit A-10

MAYOR AND COUNCIL DEPARTMENT APPENDIX
Designated Employees Disclosure Categories
Mayor 1
City Councilmembers 1
Chief of Staff 1
Assistant to the Mayor 1
Legislative Aide 1
Disclosure Categories
Category 1
Designated employees assigned to this category shall disclose all business entities and non-profit organizations in which they have an investment or in which they are a director, officer, partner, trustee, employee or hold any position of management; all i nterests in real property; and all sources of income, including gifts, loans and travel payments.

Exhibit A-11

OFFICE OF THE DIRECTOR OF POLICE ACCOUNTABILITY APPENDIX Designated Employees Disclosure Categories
Associate Management Analyst (Administrative Analyst) 1 Associate Management Analyst (Data Analyst) 1
Associate Management Analyst (Policy Analyst) 1
Director of Police Accountability 1
Office of the Director of Police Accountability Investigator 1 Disclosure Category
Category 1
Designated employees assigned to this category shall disclose any business entity or non-prof
it organization in which they have an investment or in which they are a director, officer, partner, trustee, employee or hold any position of management; and incom e, including gifts, loans and travel payments; if the business entity, non- profit organization, or source of income:
(a) manuf actures, distributes, sells or otherwise markets weapons, ammunition, or other law enforcement equipment;
(b) is of the type which offers law enforcement training courses considered by the Police Accountability Board and Office of the Director of Police Accountability; or
(c) is a member of the Berkeley Police Department.

Exhibit A-12

PARKS, RECREATION & WATERFRONT DEPARTMENT APPENDIX
Designated Employees Disclosure Categories

OFFICE OF THE DIRECTOR
Administrative Fiscal Services Manager 1
Assistant Civil Engineer (Registered) 1
Associate Civil Engineer 1
Capital Improvement Programs Manager 1
Deputy Director 1
Director of Parks, Recreation and Waterfront 1
Senior Management Analyst 1
Supervising Civil Engineer 1

PARKS DIVISION
Building Maintenance Supervisor 2, 3
Parks Superintendent 1
Senior Building Maintenance Supervisor 2, 3
Senior Forestry Supervisor 2, 3
Senior Landscape Gardener Supervisor 2, 3

RECREATION DIVISION
Aquatics Coordinator 3
Aquatics Facilities Supervisor 3
Camp Manager 2, 3, 4
Recreation and Youth Services Manager 1
Recreation Coordinator 3
Recreation Program Supervisor 1

WATERFRONT DIVISION
Harbormaster 3, 5
Waterfront Manager 1
Waterfront Supervisor 2, 5
Exhibit A-13

PARKS, RECREATION & WATERFRONT DEPARTMENT APPENDIX Page 2 of 3 Disclosure Categories

Category 1
Designated employees assigned to this category shall disclose all business entities or non-profit organizations in which they have an investment or in which they are a director, officer, partner, trustee, employee or hold any position of management; all in terests in real property and all sources of income, including gifts, loans and travel payments.

Category 2
Designated employees assigned to this category shall disclose business entities or non- profit organizations in which they have an investment or in which they are a director, officer, partner, trustee, employee or hold any position of management; and income including gifts, loans and travel payments; if the business entity, non- profit organization or source of income is of the type which manufactures, distributes, sells, leases or otherwise provides the Parks, Recreation & Waterfront Department with:
(a) goods of any kind, incl
uding but not limited to heavy equipment, vehicles,
machinery, tools, fuel products or other equipment; or
(b) services of any kind, including but not limited to building or construction services and consultant services.

Category 3
Designated employees assigned to this category, shall disclose business entities or non- profit organizations in which they have an investment or in which they are a director, officer, partner, trustee, employee or hold any position of management; and incom e, including gifts, loans and travel payments; if the business entity, non- profit organization or source of income manufactures, distributes, sells, leases or otherwise provides goods, equipment, machinery, supplies or services of the type used by the division or program of the Parks, Recreation & Waterfront Department to which the designated employee is assigned.

Category 4
Designated employees assigned to this category shall disclose all interests in real property. In addition, they shall disclose business entities or non- profit organizations in which they have an investment or in which they are a director, officer, partner, trustee, employee or hold any position of management; and income, including gifts, loans and travel payments; if the business entity, non-profit organization or source of income:
(a) owns, operates or manages real property; or
(b) is a utility; or
(c) is in the building or construction industry, including but not limited to architects, engineers, building construction contractors or subcontractors, materials suppliers, or consultants.

Exhibit A-13

PARKS, RECREATION & WATERFRONT DEPARTMENT APPENDIX Page 3 of 3 Category 5
Designated employees assigned to this category shall disclose:
(a) all interests in real property located on or within one- fourth mile of the Berkeley Waterfront, including any leasehold interest in berths at the Berkeley Marina; and (b) any business entity or non-profit organization in which they have an investment or in which they are a director, officer, partner, trustee or employee or hold any position of management; and income, including gifts, loans and travel payments; if the business entity, non-profit organization or source of income:
(i) is located on the Berkeley Waterfront;
(ii) has an interest in real property on the Berkeley Waterfront; or does business, has done business within the previous two years, plans to do business on the Berkeley Waterfront, including but not limited to architects, engineers, real estate developers, building contractors, lawyers and others involved in projects or proposals on the Berkeley Waterfront.

Exhibit A-13

PLANNING AND DEVELOPMENT DEPARTMENT APPENDIX
Designated Employees Disclosure Categories

BUILDING AND SAFETY DIVISION
Assistant Building and Safety Manager 1
Building and Safety Manager 1
Building Inspector I, II (Certified) 2, 4
Building Plans Engineer 2, 4
Building Plans Examiner 2, 4
Community Services Specialist I, II 2, 4
Resilient Buildings Program Manager 1
Senior Building Inspector 2, 4
Senior Building Plans Engineer 2, 4
Supervising Building Inspector 2, 4

HOUSING CODE ENFORCEMENT DIVISION
Assistant Inspector 1
As
sistant Management Analyst 1
Housing Inspector I, II (Certified) 1
Senior Housing Inspector (Certified) 1

LAND USE PLANNING DIVISION
Assistant Planner 1
As
sociate Planner 1
Land Use Planning Manager 1
Planning Technician 1
Principal Planner 1
Senior Planner 1
Exhibit A-14

PLANNING AND DEVELOPMENT DEPARTMENT APPENDIX Page 2 of 3 Designated Employees Disclosure Categories

OFFICE OF ENERGY AND SUSTAINABLE DEVELOPMENT
Associate Management Analyst 2, 4
Community Services Specialist I, II, III 2, 4
Energy
Program Manager 1

OFFICE OF THE DIRECTOR / ADMINISTRATION
Administrative and Fiscal Services Manager 1
As
sistant Management Analyst 1
Associate Management Analyst 1
Deputy Director of Planning and Development 1
Director of Planning and Development 1
Senior Management Analyst 1

PERMIT SERVICE CENTER
Permit Center Coordinator 1
Pe
rmit Specialist 2, 4
Senior Permit Specialist 2, 4

TOXICS MANAGEMENT DIVISION
Hazardous Materials Manager 1
Haz
ardous Materials Specialist I, II 3
Disclosure Categories
Category 1
Designated employees assigned to this category shall disclose all business entities or non-prof
it organizations in which they are a director, officer, partner, trustee, employee or hold any position of management; all interests in real property; and all sources of income including gifts, loans and travel payments.

Exhibit A-14

PLANNING AND DEVELOPMENT DEPARTMENT APPENDIX Page 3 of 3 Category 2
Designated employees assigned to this category shall disclose all interests in real property.

In addition, they shall disclose business entities or non-profit organizations in which they have an investment or in which they are a director, officer, partner, trustee, employee or hold any position of management; and income, including gifts, loans and travel payments; if the business entity, non-prof
it organization or source of income has an interest in real property or is in the building and construction industry, including but not limited to architects, developers, contractors, sub-contractors, materials suppliers or consultants.

Category 3
Designated employees assigned to this category shall disclose all business entities and non-prof
it organizations in which they have an investment or in which they are a director, officer, partner, trustee, employee or hold any position of management; and i ncome, including gifts, loans and travel payments; if the business entity, non- profit organization or source of income:
(a) produces, uses, collects or disposes of hazardous and toxic materials; or (b) provides consulting services in the areas of source reduction and recycling, and the management, treatment and disposal of hazardous wastes and materials.

Category 4
Designated employees assigned to this category shall disclose business entities or non-profit organizations in which they have an investment or in which they are a director, officer, partner, trustee, employee or hold any position of management; and income, including gifts, loans and travel payments; if the business entity, non-profit organization or source of income:
(a) manufactures, distributes, sells installs or otherwise markets equipment for energy conservation or alternative energy development; or (b) provides services, including but not limited to design, repair, advocacy or consultation services, in the areas of energy conservation or alternative energy development.

Exhibit A-14

POLICE DEPARTMENT APPENDIX
Designated Employees Disclosure Categories
Admi
nistrative & Fiscal Services Manager 1
Chief of Police 1
Deputy Police Chief 1
Police Captain 1
Disclosure Categories
Category 1
Designated employees assigned to this category shall disclose all business entities or non-prof
it organizations in which they have an investment or in which they are a director, officer, partner, trustee, employee or hold any position of management; all in terests in real property; and all sources of income, including gifts, loans and travel payments.

Exhibit A-15

PUBLIC WORKS DEPARTMENT APPENDIX
Designated Employees Disclosure Categories

ENGINEERING DIVISION
ADA Program Coordinator 2, 4
Assistant Civil Engineer (Registered) 2, 4
Assistant Management Analyst 3
Assistant Public Works Engineer 2
Associate Civil Engineer 2, 4
Building Inspector 1, 6
Chief of Party 2
Engineering Inspector 2, 6
Engineering Technician 2, 4
Environmental Compliance Specialist 2, 4
Junior Public Works Engineer 2
Manager of Engineering 1, 4
Senior Building Inspector 2, 6
Senior Drafting Technician 2, 4
Senior Engineering Inspector 2, 6
Supervising Civil Engineer 1, 4, 6

EQUIPMENT MAINTENANCE DIVISION
Equipment Maintenance Superintendent 2, 4
Mechanic Supervisor 3
Senior Equipment Supervisor 3

FACILITIES MANAGEMENT DIVISION
Building Maintenance Supervisor 3, 6
Communications Supervisor 1
Electrical Supervisor 1, 4
Exhibit A-16

PUBLIC WORKS DEPARTMENT APPENDIX Page 2 of 5
Designated Employees Disclosure Categories

FACILITIES MANAGEMENT DIVISION
Environmental Compliance Specialist 3, 7
Facilities Maintenance Superintendent 2, 6
Lead Communications Technician 1

OFFICE OF THE DIRECTOR
Administrative & Fiscal Services Manager 1
Assistant Management Analyst 2
Associate Management Analyst 2
Community Development Project Coordinator 1, 4
Deputy Director of Public Works 1
Director of Public Works 1
Disability Services Specialist 2, 4
Occupational Health and Safety Officer 2, 3
Public Works Operations Manager 1, 4
Senior Management Analyst 2
Solid (Zero) Waste and Recycling Manager 1, 5

STREETS DIVISION
Assistant Management Analyst 2, 4
Public Works Maintenance Superintendent 2
Public Works Supervisor 3
Senior Public Works Supervisor 3
Sewer Maintenance Assistant Supervisor 3
Exhibit A-16

PUBLIC WORKS DEPARTMENT APPENDIX Page 3 of 5
Designated Employees Disclosure Categories

TRANSPORTATION DIVISION
Assistant Management Analyst 2
Associate Civil Engineer 2, 4
Associate Planner 2,4
Associate Transportation Engineer 2, 4
Deputy Director of Public Works 1
Parking Meter Maintenance and Collection
Supervisor 2
Parking Services Manager 1
Principle Transportation Planner 1
Senior Planner 1
Senior Public Works Supervisor 3
Supervising Civil Engineer 1
Supervising Traffic Engineer 1
Traffic Maintenance Supervisor 2
Transportation Manager 1

ZERO WASTE DIVISION
Associate Management Analyst 2
Environmental Compliance Specialist 1
Field Representative 2
Program Manager I 1, 3, 5
Public Works (Zero Waste) Operations Manager 1, 4, 5
Recycling Program Manager 3, 5
Senior Solid (Zero) Waste Supervisor 2
Solid (Zero) Waste and Recycling Manager 1, 5
Solid (Zero) Waste Supervisor 3, 5
Exhibit A-16

PUBLIC WORKS DEPARTMENT APPENDIX Page 4 of 5
Disclosure Categories
Category 1
Designated employees assigned to this category shall disclose all business entities or non-prof
it organizations in which they have an investment or in which they are a director, officer, partner, trustee, employee or hold any position of management; all in terests in real property; and all sources of income, including gifts, loans and travel payments.

Category 2
Designated employees assigned to this category shall disclose entities or non- profi t
organizations in which they have an investment or in which they are a director, officer, partner, trustee, employee or hold any position of management; and income including gifts, loans and travel payments; if the business entity, non- profit organization or source of income is of the type which manufactures, distributes, sells, leases or otherwise provides goods or services of the type used by any division or program of the P ublic Works Department.

Category 3
Designated employees assigned to this category shall disclose business entities or non- profi
t organizations in which they have an investment or in which they are a director, officer, partner, trustee, employee or hold any position of management; and income including gifts, loans and travel payments; if the business entity, non- profit organization or source of income manufactures, distributes, sells, leases or otherwise provides goods, equipment, machinery, supplies or services of the type used by the division or program of the Public Works Department to which the designated employee is assigned.

Category 4
Designated employees assigned to this category shall disclose all interests in real property. In addition, they shall disclose business entities or non- profi t organizations in
which they have an investment or in which they are a director, officer, partner , trustee, employee or hold any position of management; and income, including gifts, loans and travel payments; if the business entity, non-profit organization or source of income:
(a) owns, operates or manages real property; or
(b) is a utility; or
(c) is in the building or construction industry, including but not limited to architects, engineers, building construction contractors or subcontractors, materials suppliers, or consultants.

Exhibit A-16

PUBLIC WORKS DEPARTMENT APPENDIX Page 5 of 5
Category 5
Designated employees assigned to this category shall disclose business entities or non- profi
t organizations in which they have an investment or in which they are a director, officer, partner, trustee, employee or hold any position of management; and income, including gifts, loans and travel payments; if the business entity , non-profit organization or source of income is of the type which:
(a) collects or hauls solid waste;
(b) builds or operates any solid waste disposal facility, transfer or processing station or resource recovery facility;
(c) engages in solid waste recycling activities; or
(d) acts as a consultant to entities or organizations engaged in the above activities.

Category 6
Designated employees assigned to this category shall disclose any interest in real property located in an area of Berkeley in which the utility lines have not been undergrounded. In addition, they shall disclose business entities, or non- profi t
organizations, in which they have an investment or in which they are a director, officer, partner, trustee, employee or hold any position of management; and income, including gifts, loans and travel payments; if the business entity or source of income is a public utility company which does any work related to the provision of utility services, is a construction company or subcontractor of such company or has an interest in real property in an area of Berkeley in which the utility lines have not been undergrounded.

Category 7
Designated employees assigned to this category shall disclose all business entities and non-prof
it organizations in which they have an investment or in which they are a director, officer, partner, trustee, employee or hold any position of management; and i ncome including gifts, loans and travel payments; if the business entity, non- profit organization or source of income:
(a) produces, uses, collects, stores, or disposes of hazardous or toxic materials; or (b) provides consulting services in the areas of source reduction or recycling, or the management, treatment or disposal of hazardous wastes or materials.

Exhibit A-16

RENT STABILIZATION BOARD APPENDIX
Disclosure Categories

BOARD MEMBERS
Comm
issioners 1, 2, 3

EXECUTIVE OFFICE
Executive Director 1, 2, 3

FINANCE DIVISION
Administrative and Fiscal Services Manager 2, 3
Assistant Management Analyst 2, 3

HEARING DIVISION
Hearing Examiners 2, 3
Senior Hearing Examiner 2, 3

LEGAL DIVISION
General Counsel 1, 2, 3
Staff Attorneys II & III 1, 2, 3

PLANNING DIVISION
Associate Planner 2, 3
Senior Planner 2, 3

PUBLIC INFORMATION DIVISION
Community Services Specialist II, III 2, 3

REGISTRATION DIVISION
Senior Management Analyst 2, 3

RENT BOARD EXECUTIVE OFFICE
Executive Administrative Assistant 2, 3
Digital Communications Coordinator 2, 3

RENT BOARD PUBLIC INFORMATION UNIT
Community Development Program Coordinator 2, 3
Exhibit A-17

RENT STABILIZATION BOARD APPENDIX Page 2
Disclosure Categories
Category 1
Designated employees assigned to this category shall disclose:
(a) All investment and interest in, and all sources of income from real property including but not limited to ownership, sale, management, transfer or exchange. (b) All investments in and sources of income, including gifts, loans and travel payments from entities which own, sell, manage, transfer or exchange real property. (c) Any management position including but not limited to a director, officer, partner or trustee in any business entity or non- profi
t organization subject to or potentially
affected by the regulatory authority of the Rent Board. (d) The assuming office statement shall disclose all interests and dealings in real property, including but not limited to ownership, sale, management, transfer or exchange, and interests in entities whose primary purpose is the ownership, sale, management, transfer or exchange of real property, during the previous three years.

Category 2
Designated employees assigned to this category shall disclose:
(a) All investments and interests in and all sources of income from real property, including but not limited to ownership, sale, management, transfer or exchange, subject to the regulatory authority of the Rent Board.
(b) All investments and business positions in and sources of income, including gifts, loans and travel payments from entities which own, sell, manage, transfer or exchange real property, subject to the regulatory authority of the Rent Board.

Category 3
Designated employees assigned to this category shall disclose investments and business positions in business entities, non- profi
t organizations and sources of income, including
gifts, loans and travel payments of the type which, within the past two years, have contracted with the City of Berkeley to provide services, supplies, materials, machinery or equipment to the Board.

Exhibit A-17

BOARD OF LIBRARY TRUSTEES APPENDIX
Designated Officials
Members of the Board
Disclosure Category
Members of the Board shall
disclose any interest in real property within a 1/2 mile of any Berkeley municipal library. In addition, members of the Board shall disclose business entities or non-profit organizations in which they have an investment or in which they are a director, officer, partner, trustee, employee or hold any position of management; and income, including gifts, loans, and travel -payments; if the business entity, non -profit organization, or source of income is of the type which:
1) manufactures, repairs, distributes, sells, leases or otherwise markets library materials and equipment including, but not limited to, books, periodicals, art slides or prints, records, and cataloguing equipment or systems; or
2) has contracted with the Berkeley Library Department within the previous two years to provide any other kinds of goods or services to the Department.

Exhibit B-1

CANNABIS COMMISSION APPENDIX
Designated Officials
Members of the Commission
Disclosure Category
All members of the Commission shall disclose:
1) All interests in real property located in the City of Berkeley; or 2) Any business entity or non-prof
it organization in which they have an investment or in
which they are a director, officer, partner, trustee, employee or hold any position of management; and income, including gifts, loans, and travel payments; if the business entity, non-profit organization or source of income is of the type which:
a) manufactures, distributes, sells, installs, or otherwise markets equipment or supplies
for cultivation or consumption of the plant Cannabis sativa L. or any of its derivatives; or
b) operates any c annabis business or organi
zation, including c ollectives and
dispensaries; or
c) engages in activities or provides services that involve planting, cultivating, harvesting, transporting, dispensing, delivering, selling at retail or wholesale, manufacturing, compounding, converting, processing, preparing, storing, packaging, or testing, any part of the plant Cannabis sativa L. or any of its derivatives.

Exhibit B-2

CIVIC ARTS COMMISSION APPENDIX
Designated Officials
Members of the Commission
Disclosure Category
All members of the Commission shall disclose business entities, and non- profi t
organizations in which they have an investment, or in which they are a director, officer, partner, employee, or hold any position of management; and income, including gifts, loans, and travel payments; if the business entity, non- profit organization, or source of income:
1) has applied for, is receiving, or within the previous two years has received, funds through the City to advance the Arts in Berkeley; or
2) has profited from the creation, production, sale, or display of any artistic endeavor; or 3) has provided services, goods, or equipment to artistic endeavors.

Exhibit B-3

COMMISSION ON AGING APPENDIX

Designated Officials

Members of the Commission

Disclosure Category

All members of the Commission shall disclose business entities and non- profit organizations in which they have an investment or in which they are a director, officer, partner, trustee, employee or hold any position of management; and income, including gifts, loans, and travel payments; if the business entity, non-profit organization or source of income has applied for, is receiving or within the previous two years has received funds through the City of Berkeley to provide services to the aging. In addition, members of the Commission shall disclose any interest in real property located within 1/4 mile of any of the Berkeley Senior Centers.

Exhibit B-4

COMMISSION ON DISABILITY APPENDIX
Designated Officials
Members of the Commission
Disclosure Category
All members of the Commission shall disclose business entities and non- pro fit
organizations in which they hold an investment or in which they are a director, officer, partner, trustee, employee or have any position of management; and income, including gifts, loans, and travel payments; if the business entity, non-profit organization, or source of income within the previous two years has provided services, goods, or equipment to disabled persons.

Exhibit B-5

COMMISSION ON LABOR APPENDIX

Designated Officials

Members of the Commission

Disclosure Category

All members of the Commission shall disclose business entities or non- profit organizations in which they have an investment or in which they are a director, officer, partner, trustee, employee or hold any position of management; and income, including gifts, loans, and travel payments; if the business entity, non-profit organization, or source of income:

1) is a union or other organization which represents or has sought to represent employees or management in collective bargaining; or

2) has applied for, is receiving, or within the previous two years has received funds through the City of Berkeley to provide services to organizations whose purpose is to serve the legal rights and economic interests of labor.

Exhibit B-6

COMMUNITY HEALTH COMMISSION APPENDIX
Designated Officials
Members of the Commission
Disclosure Category
All members of the Commission shall disclose business entities or non- profi t
organizations in which they have an investment or are a director, officer, partner, trustee, employee or hold any position of management; and income, including gifts, loans, and travel payments; if the business entity or non- profit organization provides goods or services relating in any way to the provision, administration or financing of health care or health planning, education and information.

Exhibit B-7

DESIGN REVIEW COMMITTEE APPENDIX

Designated Officials

Members of the Committee

Disclosure Category

All members of the committee shall disclose any interest in real property consisting in whole or in part of a building located in any commercially zoned area in the City of Berkeley. In addition, members of the Committee shall disclose any business entity or non-profit organization in which they have an investment or in which they are a director, officer, partner, trustee, employee or hold any position of management; and income, including gifts, loans, and travel payments; if the business entity, non-profit organization, or source of income has an interest in real property consisting in whole or in part of a building located in a commercially zoned area; derives income from the sale of construction supply materials; or performs construction services or renovation services including landscaping, architectural, and interior decorating.

Exhibit B-8

DISASTER AND FIRE SAFETY COMMISSION APPENDIX
Designated Officials
Members of the Commission
Disclosure Category
All members of the Commission shall disclose all interests in real property located in the City of Berkeley.

In addition, m embers of the Commission shall disclose business entities or non-profit organizations in which they have an investment or in which they are a director, officer, partner, trustee, employee, or hold any position of management; and income, including gifts, loans, and travel payments; if the business entity, non-pro fit organization, or source
of income is of the type which:
1) manufactures, distributes, sells, leases, or otherwise provides goods or services that may be used in planning, preparing for or responding to a disaster or emergency as defined in BMC Ch. 2.88.020; or
2) provides consulting services in the areas of disaster management or disaster preparedness; or
3) offers disaster preparedness , fire service, or emergency medical services training courses; or
4) acts as a consultant to organizations engaged in fire inspection, fire prevention, code enforcement, chipper and debris removal, landscaping or any other fire preparedness service; or
5) provides architectural, engineering or construction work in the areas of seismic retrofitting, upgrades or disaster recovery.

Exhibit B-9

ELMWOOD BUSINESS IMPROVEMENT DISTRICT

ADVISORY BOARD APPENDIX
Designated Officials
Members of the Board
Disclosure Category
All members of the Board shall disclose all interests in real property located in or within one mil
e of the Elmwood Business Improvement District as defined in Attachment A to this Appendix, and any business entity or non- profit organization in which they have an investment or in which they are a director, officer, partner, trustee, employee or hold any position of management; and income; if the business entity, non- profit organization, or source of income is:
1) located in or within one m
ile of the Elmwood Business Improvement District; or
2) has an interest in real property located in or within one mi le of the Elmwood Business
Improvement District; or
3) does business, has done business within the previous two years, or plans to do business in or within one mil
e of the Elmwood Business Improvement District ,
including but not limited to architects, engineers, real estate developers, building contractors, lawyers and others involved in projects or proposals located in or within one mile of the Elmwood Business Improvement District.

Exhibit B-10

ATTACHMENT A

ELMWOOD BUSINESS IMPROVEMENT DISTRICT

ADVISORY BOARD APPENDIX

7.84.030 Boundaries of district.

The boundaries of the District are as specified in this section and in the District’s Boundary Map attached to the ordinance codified in this chapter and on file with the office of the City Clerk.

Western Boundary. A line connecting the western edge of all parcels fronting on the western side of College Avenue in the C-E zoning district from 2832 College to 2992 College but including the City-owned Elmwood parking lot that is accessed from Russell Street, and addresses on Ashby from 2629 to 2648. The parcels along the western boundary are as follows:

Assessor’s Book 053:

Block 1695: Parcels 11, 12-1, an
d 12-2.

Assessor’s Book 052:

Block 1568: Parcels 3, 4-1, 5-1, 5-2, 6-2, 7, 9, 11-1, 12-1, 49, 50, 51, 52, 53, 55, and

56. Block 1573: Parcels 2, 4-1, 6, 14, 15, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102, and 103.

Eastern Boundary. A line connecting the eastern edge of all parcels fronting on the eastern side of College Avenue from 2887 College Avenue to 2999 College Avenue and 2701 Webster Street. The parcels along the eastern boundary are as follows:

Assessor’s Book 053:

Block 1696: Parcel 15.

Assessor’s Book 052:

Block 1567: Parcels: 16, 17, 18, 19, 20, 21, 22, 23, 24, 62, 63, 64, 66, 67, 68, 87, 88, 89, 90, and 91.

Southern Boundary. Webster Street.

Northern Boundary. A line connecting the northern edge of parcel 053-1695-011 (2832 College) on the western side of College and the northern edge of parcel 053- 1696-015 (2887 College) on the eastern side of College. (Ord. 7317-NS § 3 (part), 2013)
Exhibit B-10

ENVIRONMENT AND CLIMATE COMMISSION APPENDIX
Designated Officials
Members of the Commission
Disclosure Category
All members of the Commission shall disclose business entities and non- pro fit
organizations in which they have an investment or in which they are a director, officer, partner, trustee, employee, or hold any position of management; and income, including gifts, loans, and travel payments; if the business entity, non-profit organization, or source of income is of the type which:
1) is engaged in the building construction trades; or
2) manufactures, distributes, sells, installs, or otherwise markets equipment for energy conservation or alternative energy development; or
3) provides services, including but not limited to design, repair, advocacy, financial, or consultation services, in the areas of energy conservation or alternative energy development; or
4) produces, uses, collects or disposes of hazardous and toxic materials; or 5) provides consulting services in the areas of source reduction and recycling, and the management, treatment and dispersal of hazardous wastes and materials.

Exhibit B-11