Tuesday, March 10, 2026 ANNOTATED AGENDA Page 1
ANNOTATED AGENDA
BERKELEY CITY COUNCIL MEETING
Tuesday, March 10, 2026
6:00 PM
SCHOOL DISTRICT BOARD ROOM - 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: 160 609 0203. 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, March 10, 2026 ANNOTATED AGENDA Page 2
Preliminary Matters
Roll Call: 6:05 p.m.
Present: Kesarwani, Taplin, Bartlett, Tregub, O’Keefe, Blackaby, Lunaparra, Humbert, Ishii
Absent: None
Land Acknowledgement Statement: The City of Berkeley recognizes that the community we live in was built on the territory of xučyun (Huchiun (Hooch-yoon)), the ancestral and unceded land of the Chochenyo (Cho-chen-yo)-speaking Ohlone (Oh-low-nee) people, the ancestors and descendants of the sovereign Verona Band of Alameda County. This land was and continues to be of great importance to all of the Ohlone Tribes and descendants of the Verona Band. As we begin our meeting tonight, we acknowledge and honor the original inhabitants of Berkeley, the documented 5,000 -year history of a vibrant community at the West Berkeley Shellmound, and the Ohlone people who continue to reside in the East Bay. We recognize that Berkeley’s residents have and continue to benefit from the use and occupation of this unceded stolen land since the City of Berkeley’s incorporation in 1878. As stewards of the laws regulating the City of Berkeley, it is not only vital that we recognize the history of this land, but also recognize that the Ohlone people are present members of Berkeley and other East Bay communities today. The City of Berkeley will continue to build relationships with the Lisjan Tribe and to create meaningful actions that uphold the intention of this land acknowledgement.
Ceremonial Matters:
1. Recognition of March 10, 2026 as Youthworks Day in Berkeley
2. Recognition of Poet Devorah Major for Lifetime Achievement Award City Manager Comments: None
City Auditor Comments:
The City Auditor provided a presentation on the City Contracts audit. 5 speakers.
Public Comment on Non-Agenda Matters: 10 speakers.
Public Comment by Employee Unions: 1 speaker.
Action: M/S/C (Tregub/Lunaparra) to 1) accept an urgency item from Councilmember Lunaparra pursuant to Government Code Section 54954.2(b)(2) entitled Urgent Item:
Resolution Condemning the Illegal War on Iran and Expressing Support for Berkeleyans Impacted by this Crisis; and 2) accept revised material from Councilmember Tregub for consideration for Item 10.
Vote: All Ayes.
Public Comment on Consent Calendar and Information Items Only: 28 speakers.
Consent Calendar
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Action: M/S/C (Humbert/Lunaparra) to adopt the Consent Calendar in one motion except as indicated.
Vote: All Ayes.
Urgent Item: Resolution Condemning the Illegal War on Iran and Expressing Support for Berkeleyans Impacted by this Crisis
From: Councilmember Lunaparra (Author), Mayor Ishii (Co-Sponsor), Councilmember Humbert (Co-Sponsor), Councilmember Tregub (Co-Sponsor), Recommendation: Pass a Resolution Condemning the Illegal War on Iran and Expressing Support for Berkeleyans Impacted by this Crisis.
Financial Implications: See report
Contact: Cecilia Lunaparra, Councilmember, District 7, (510) 981-7170 Action: Adopted Resolution No. 72,150–N.S.
Vote: Ayes – Kesarwani, Taplin, Tregub, Blackaby, Lunaparra, Humbert, Ishii; Noes – None; Abstain – Bartlett, O’Keefe.
1. Amendments to Title 21 (Subdivisions Ordinance) and Title 23 (Zoning Ordinance) to implement Senate Bill (SB) 684
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 8,002-N.S amending the Berkeley Municipal Code Titles 21 (Subdivisions Ordinance) and 23 (Zoning Ordinance) to implement Senate Bill (SB) 684 by establishing: 1. A ministerial, SB 684–compliant path for small-lot subdivisions and related housing; and 2. A local Parcel-Map path for lower-density projects that meet minimum residential density requirements but do not qualify under SB 684.
First Reading Vote: Ayes – Kesarwani, Taplin, Bartlett, Tregub, Blackaby, Lunaparra, Humbert, Ishii; Noes – None; Abstain – O’Keefe.
Financial Implications: See report
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: Adopted second reading of Ordinance No. 8,002–N.S.
2. Re-Establishment of the Downtown Berkeley Property and Business Improvement District (DPBID)
From: City Manager
Recommendation: Adopt a Resolution declaring intent to establish the Downtown Berkeley Property and Business Improvement District (DPBID) for the ten-year period beginning July 1, 2026, and ending June 30, 2036, with operations to occur over the ten-calendar year period beginning January 1, 2027, and ending December 31, 2036. Set a public hearing for May 19, 2026, on establishment of the DPBID, and direct the City Clerk to conduct all necessary proceedings for establishment of the DPBID.
Financial Implications: See report
Contact: Eleanor Hollander, Economic Development, (510) 981-7530 Action: Adopted Resolution No. 72,151–N.S.
Consent Calendar
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3. Ashby BART East Lot Transit Oriented Development Request for Proposal Framework
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to release a Request for Proposals (RFP) and Notice of Funding Availability (NOFA) to solicit proposals from development teams (comprised of developers, service providers, and architects) regarding their plan, capacity, experience, and interest in developing the currently Bay Area Rapid Transit Agency (BART)-owned, future City-owned property known as the East Lot located at Adeline Street and Woolsey Street in South Berkeley.
Financial Implications: See report
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5100 Action: Adopted Resolution No. 72,152–N.S.
4. Contract No. 32300149 Amendment: mySidewalk, Inc. for HHCS Web-Based Population Health Data Platform
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or designee to execute an amendment to Contract No. 32300149 with mySidewalk, Inc. for an additional $50,618 for a total not to exceed amount of $207,928, and to extend the contract term end date to April 24, 2027.
Financial Implications: $50,618 - Various Funds
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5100 Action: Adopted Resolution No. 72,153–N.S.
5. Filling Human Welfare and Community Action Commission Public Sector Vacancies
From: City Manager
Recommendation: Adopt a Resolution confirming the appointment of Catherine Gelsinger to the Human Welfare and Community Action Commission (HWCAC).
Financial Implications: None
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5100 Action: Adopted Resolution No. 72,154–N.S.
Consent Calendar
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6. City Contracts: Outdated Process Led to Non-Competitive Contracts From: Auditor
Recommendation: We recommend City Council request that the City Manager report back by Fall 2026, and annually thereafter, regarding the status of our audit recommendations until reported fully implemented by the Finance Department and other relevant departments. The audit includes 13 recommendations to clarify for staff when non-competitive contracts and amendments are appropriate, as well as to improve transparency and efficiency in the contracts process overall. The City management agreed or partially agreed to our findings and recommendations.
Please see our report for their complete response.
Financial Implications: See report
Contact: Jenny Wong, Auditor, (510) 981-6750
Action: Approved recommendation.
Council Consent Items
7. Entertainment Zone Ordinance (Reviewed by the Health, Life Enrichment, Equity & Community Committee)
From: Councilmember Taplin (Author), Councilmember Kesarwani (Co- Sponsor), Councilmember Lunaparra (Co-Sponsor), Councilmember Blackaby (Co-Sponsor)
Recommendation: Refer for drafting to the City Attorney an ordinance enabling entertainment zones in Berkeley: Refer to the City Manager for the initiation of a merchant stakeholder engagement process and develop entertainment zone management plans for potential zones in the vicinity of the following locations and organizational leads: Downtown: Downtown Business Association, Gilman: Gilman District Merchants Association, South Side Telegraph Business Improvement District San Pablo University Avenue Association
Policy Committee Recommendation: To send item to Council with a qualified positive recommendation to encourage staff discretion in determining additional zones for entertainment.
Financial Implications: See report
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120 Action: Approved recommendation as recommended by the Health, Life Enrichment, Equity & Community Committee and further revised in Supplemental Communications Packet #2 by Councilmember Taplin.
Council Consent Items
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8. The Berkeley Rule: Artificial Intelligence Municipal Framework (Reviewed by the Health, Life Enrichment, Equity & Community Committee)
From: Councilmember Bartlett (Author), Councilmember Tregub (Author) Recommendation: 1. Adopt a Resolution which affirms Berkeley’s commitment to innovation in service of liberty, dignity, and the public good. 2. The City hereby endorses “The Berkeley Rule” and encourages City staff, commissions, and community partners to consider its Ten Principles in the planning, evaluation, and oversight of artificial intelligence systems. The Berkeley Rule: Put Residents First; Modernize City Services; Empower the Community; Ensure Transparency and Accountability; Standardize Operations; Certify Ethical Use; Protect and Prepare Our Workforce; Defend Civil Liberties; Social Advancement and Accessibility; and Catalyze Civic Wealth. The principles are meant to encourage the Artificial Intelligence (AI) industry to develop products and services aligned with these goals.
Policy Committee Recommendation: To send the item to Council with a positive recommendation, and that items 3 and 4 in the recommendation be amended to be less prescriptive.
Financial Implications: See report
Contact: Ben Bartlett, Councilmember, District 3, (510) 981-7130 Action: Adopted Resolution No. 72,155–N.S. as recommended by the Health, Life Enrichment, Equity & Community Committee.
9. Referral: Strengthen Berkeley’s Micromobility Regulatory Framework to Improve Public Safety, ADA Accessibility, and Operator Accountability (Reviewed by the Facilities, Infrastructure, Transportation, Environment & Sustainability Committee)
From: Councilmember Tregub (Author), Councilmember Blackaby (Co- Sponsor)
Recommendation: Refer to the City Manager and Transportation and Infrastructure Commission the development of recommendations to enhance safety and eliminate or reduce conflicts between shared micromobility devices and pedestrians/wheelchair users on Berkeley’s sidewalks.
Policy Committee Recommendation: To forward the item to Council with a positive recommendation.
Financial Implications: See report
Contact: Igor Tregub, Councilmember, District 4, (510) 981-7140 Action: Approved recommendation as recommended by the Facilities, Infrastructure, Transportation, Environment & Sustainability Committee.
Council Consent Items
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10. Resolution Opposing Bureau of Land Management Oil and Gas Leasing and Drilling on California Public Lands and Parks
From: Councilmember Tregub (Author)
Recommendation: Adopt a Resolution opposing the Bureau of Land Management’s (BLM) proposed oil and gas leasing and development on approximately 1.6 million acres of California public lands, including areas adjacent to Bay Area parks such as Mount Diablo State Park, Pinnacles National Park, Henry W. Coe State Park, and Black Diamond Mines Regional Preserve; and refer to the City Manager to send a letter to the BLM Central Coast Field Office, the U.S. Secretary of the Interior, and California’s Congressional delegation urging withdrawal of the Draft Supplemental Environmental Impact Statements and cessation of all new oil and gas lease sales on California public lands.
Financial Implications: Staff time
Contact: Igor Tregub, Councilmember, District 4, (510) 981-7140 Action: Adopted Resolution No. 72,156–N.S. as amended in supplemental materials submitted at the meeting. Councilmembers Lunaparra, O’Keefe, and Blackaby added as co-sponsors.
11. Citywide Guidelines on Artificial Intelligence (Reviewed by the Health, Life Enrichment, Equity & Community Committee)
From: Councilmember O'Keefe (Author), Councilmember Blackaby (Co- Sponsor), Councilmember Tregub (Co-Sponsor)
Recommendation: Refer to the City Manager to develop official, citywide guidelines for the secure, ethical, and effective use of Artificial Intelligence (AI) tools by City of Berkeley employees. The policy should align with Berkeley’s values, promote innovation and progress, and safeguard privacy and public trust. The City Manager should review policies adopted by other California cities and develop Berkeley- specific principles to guide staff usage of AI. The following principles should form the foundation of Berkeley’s policy: 1. Create safeguards against introduction of bias through use of AI systems 2. Protect data privacy and ensure cybersecurity compliance 3. Maintain human oversight and accountability 4. Explore opportunities to integrate AI into operations management 5. Foster collaboration and cross- departmental exchange of AI knowledge 6. Ensure transparency and compliance with Public Records Laws 7. Periodic review and improvement Developing a clear and responsible AI policy will help the City of Berkeley harness emerging technologies to better serve the community while upholding equity, integrity, and public confidence in city operations and services.
Policy Committee Recommendation: To send item to Council with a positive recommendation.
Financial Implications: Staff time
Contact: Shoshana O'Keefe, Councilmember, District 5, (510) 981-7150 Action: Approved recommendation as recommended by the Health, Life Enrichment, Equity & Community Committee including revisions in Supplemental Communications Packet #1 from Councilmember O’Keefe.
Council Consent Items
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12. Berkeley Free Clinic Critical Renovations: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds
From: Councilmember Lunaparra (Author), Councilmember Taplin (Co- Sponsor), Councilmember Bartlett (Co-Sponsor), Mayor Ishii (Co-Sponsor) Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $500 per Councilmember, including $500 from Vice Mayor Lunaparra’s discretionary fund, $500 from Councilmember Taplin’s discretionary fund, and funds from any other Councilmembers who would like to contribute, to the Berkeley Free Clinic for critical renovations at its new location at 830 University Avenue, with funds relinquished to the City’s general fund for this purpose.
Financial Implications: See report
Contact: Cecilia Lunaparra, Councilmember, District 7, (510) 981-7170 Action: Adopted Resolution No. 72,157–N.S. amended to include contributions from the following Councilmembers up to the amounts listed: Councilmember O’Keefe - $250; Councilmember Blackaby - $250; Councilmember Tregub - $150; Councilmember Humbert - $250; Councilmember Bartlett - $250; Councilmember Kesarwani - $100; Mayor Ishii - $250.
Action Calendar – Public Hearings
Tuesday, March 10, 2026 ANNOTATED AGENDA Page 9
13. Project to Increase Telegraph and Claremont Housing (PITCH) Rezoning (Reviewed by the Land Use, Housing & Economic Development Committee) From: Councilmember Humbert (Author), Mayor Ishii (Author), Councilmember Bartlett (Author)
Recommendation: Refer to the City Manager the Project to Increase Telegraph and Claremont Housing (PITCH) as a standalone rezoning effort to proactively and equitably increase housing stock in southeast Berkeley’s high-resource areas. This project would seek to: 1. Rezone the Telegraph Avenue corridor south of Parker Street to the Oakland border at Woolsey Street from the current C-C (Commercial- Corridor) district to the C-T (Telegraph Avenue Commercial) district (or similar), allowing for taller mixed-use housing development, with a goal of base zoning of 8 stories/85 feet. 2. Identify and upzone specific auto-oriented C-N (Neighborhood Commercial) parcels in the Claremont and Ashby area (near Domingo Avenue) from their current 2–3 story limits to 4–6 stories using existing or new zoning districts.
3. Allocate funding from the District 8 office budget to begin required planning and California Environmental Quality Act (CEQA) review for the proposed zoning changes.
Policy Committee Recommendation: To send the item to the City Council with a qualified positive recommendation with the following amendments: 1. Provide a more precise description of where the balance of the proposed funding would come from.
2. Look at a variety of density bonus scenarios for projections related to units and stories. 3. Clarify that the boundary runs from south of Parker Street to the Oakland border.
Financial Implications: See report
Contact: Mark Humbert, Councilmember, District 8, (510) 981-7180 Action: Councilmember Kesarwani added as a co-sponsor. Approved recommendation as recommended by the Land Use, Housing & Economic Development Committee and further revised in Supplemental Communications Packet #2 from Councilmember Humbert.
Action Calendar – Public Hearings
Tuesday, March 10, 2026 ANNOTATED AGENDA Page 10
14. Amendments to BMC Title 23 (Zoning) to Update the Regulation of Nonconforming Lot Coverage, Floor Area Ratio and Density for Residential Uses in Selected Zoning Districts
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion, adopt the first reading of an ordinance amending BMC Title 23 Section 23.324.050 to update the regulation of nonconforming lot coverage, FAR and density for residential uses in the Residential Multi-Unit 1 (R-1), Residential Multi-Unit 2 (R-2), Residential Multi-Unit 2A (R-2A), and Mixed Use-Residential (MU-R) Zoning Districts.
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 (Taplin/Tregub) to close the public hearing.
Vote: All Ayes.
Action: M/S/C (Tregub/Taplin) to adopt the first reading of Ordinance No. 8,003– N.S. Second reading scheduled for March 24, 2026.
Vote: All Ayes.
15. Amendments to the Berkeley Election Reform Act Regarding the Return of Unspent Public Matching Funds, Reuse of Campaign Materials, Campaign Expenditures and Cost of Living Adjustments
From: Fair Campaign Practices Commission
Recommendation: Conduct a public hearing and upon conclusion, adopt an ordinance amending the Berkeley Election Reform Act, BMC Chapter 2.12.
Financial Implications: None
Contact: Sam Harvey, Commission Secretary, (510) 981-6950
Public Testimony: The Mayor opened the public hearing. 1 speaker.
M/S/C (Tregub/Humbert) to close the public hearing.
Vote: All Ayes.
Action: M/S/C (Blackaby/Tregub) to adopt the first reading of Ordinance No. 8,004– N.S. Second reading scheduled for March 24, 2026.
Vote: All Ayes.
Action Calendar – Public Hearings
Tuesday, March 10, 2026 ANNOTATED AGENDA Page 11
16. Appeal of Special Assessment Tax Lien and of the Need for Abatement Action at 2750 Cedar Street
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion adopt a Resolution denying the property owners’ appeal of a special assessment tax lien and of the necessity and cost of City abatement actions and allowing the special assessment lien for $24,831.37 for 2750 Cedar Street (APN 058 221102001) to be recorded with the County of Alameda.
Financial Implications: See report
Contact: Jordan Klein, Planning and Development, (510) 981-7400
Public Testimony: The Mayor opened the public hearing. 2 speakers.
M/S/C (Taplin/Humbert) to close the public hearing.
Vote: All Ayes.
Action: M/S/C (Blackaby/Tregub) to adopt Resolution No. 72,158–N.S. denying the property owners’ appeal of a special assessment tax lien and of the necessity and cost of City abatement actions and allowing the special assessment lien for $24,831.37 for 2750 Cedar Street (APN 058 221102001) to be recorded with the County of Alameda including revised material in Supplemental Communications Packet #1 from the Planning Department)
Vote: All Ayes.
Tuesday, March 10, 2026 ANNOTATED AGENDA Page 12
Council Action Items
17. Resolution Rescinding Berkeley Police Department’s Pepper Spray Reporting Requirement (Reviewed by the Public Safety Committee)
From: Councilmember Kesarwani (Author)
Recommendation: Adopt a Resolution rescinding Berkeley Police Department’s current required notification process for reporting pepper spray via the Berkeley Police Department Use of Pepper Spray Report after each incident. Further, maintain the recording of pepper spray use within the existing use of force reporting system to minimize the administrative burden on staff. The department’s current transparency measures already provide the public with detailed data on all use of force incidents.
Policy Committee Recommendation: To send the item with a qualified positive recommendation to Council that includes 1) inviting Police Accountability Board review, 2) reaffirming the existing reporting requirements that remain in effect, and 3) direction to the Berkeley Police Department to work to maximize the availability of the reports through the Transparency Hub and the Annual Report.
Financial Implications: None
Contact: Rashi Kesarwani, Councilmember, District 1, (510) 981-7110
Action: M/S/C (Lunaparra/Tregub) to suspend the rules and extend the meeting to 11:20pm.
Vote: All Ayes.
Action: 24 speakers. M/S/C (Ishii/Kesarwani) to adopt Resolution No. 72,159–N.S. as proposed by Mayor Ishii in Supplemental Communications Packet #2 and further amended at the meeting to read as below.
RESOLUTION RESCINDING THE PEPPER SPRAY INCIDENT NOTIFICATION
REQUIREMENT
WHEREAS, in 1997 the City Council established a requirement for the Berkeley Police Department to notify Council each time pepper spray is used as a measure to bolster accountability; and
WHEREAS, the separate notification process was introduced at a time when reporting mechanisms were limited and provided necessary oversight; and
WHEREAS, the Berkeley Police Department has since implemented a comprehensive use- of-force reporting system that documents all related incidents, including those involving pepper spray in the Transparency Hub and the annual Use of Force report; and
WHEREAS, until February 10, 2026, the Berkeley Police Department historically included pepper spray in the annual Controlled Equipment report; and
WHEREAS, the Police Accountability Board submitted a recommendation to the City Council on February 23, 2026 that recommended reincorporating reporting on the use of pepper spray into the annual Controlled Equipment report to preserve key narrative details not otherwise available through BPD’s other reporting channels; and
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WHEREAS, the administration of first aid was included in the original pepper spray use report that was transmitted to the Mayor and Council within 7 days; and
WHEREAS, the continued requirement for separate notification directly to the Mayor and City Council creates redundant administrative tasks that strain City resources; and
WHEREAS, rescinding the notification requirement will simplify reporting procedures and allow staff to concentrate on more critical operational matters while preserving public transparency.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Berkeley that:
1. The requirement for the Berkeley Police Department to notify the City Council every time pepper spray is used is hereby rescinded.
2. All pepper spray incidents shall be recorded as part of the established use-of-force reporting system in accordance with current departmental protocols.
3. Subsequent to the pepper spray report being signed off on by the Police Department chain of command, no later than 14 days after the use of the chemical agent, all pepper spray incidents shall be recorded on the Transparency Hub, including information about:
a. The incident itself, including time, date, location where the incident occurred and level of use of force; and
b. The suspect themselves, including age, race, sex, subject altered state, and use of force reason; and
c. The officer role; and
d. Enhance the definitions for the various Use of Force levels and clearly identify pepper spray use as Level 3;
e. Include clear navigational guidelines so users can more easily access the open data portal and seek information on chemical agent use.
4. Refer to the City Manager to present an amendment to BMC Chapter 2.100 to the City Council to subject pepper spray to the approval and reporting requirements of the Controlled Equipment Ordinance, including the administration of first aid. Work with the vendor to determine if reporting the administration of first aid, a narrative report, and opt-in notifications are possible to include in the Transparency Hub.
Vote: All Ayes.
Action Calendar – Old Business
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18. City of Berkeley’s 2026 State and Federal Legislative Platform (Continued from February 24, 2026)
From: Mayor Ishii (Author)
Recommendation: Adopt a Resolution approving the City of Berkeley’s 2026 State and Federal Legislative Platform.
Financial Implications: See report
Contact: Adena Ishii, Mayor, (510) 981-7100
Action: Moved to Consent Calendar. Adopted Resolution No. 72,160–N.S. as revised in Supplemental Communications Packet #1 by Mayor Ishii and further amended at the meeting to include the language below.
Support legislative and budgetary efforts to create a not-for-profit utility service to replace investor-owned utility programs, reduce the ratepayer burden imposed by investor-owned utilities, and support community-choice energy. (Infrastructure Policy Priorities)
Public Comment – Items Not Listed on the Agenda - 10 speakers.
Adjournment
Action: M/S/C (Taplin/Humbert) to adjourn the meeting.
Vote: All Ayes.
Adjourned at 11:00 p.m.
Communications
Item #17: Resolution Rescinding Berkeley Police Department’s Pepper Spray Reporting Requirement (Reviewed by the Public Safety Committee)
1. Kat Larrowe on behalf of the Human Welfare Community Action Commission
2. SEIU 1201 CSU/PTRLA Union Chapter Officers
3. Jacqui VanLiew
4. Office of the Director of Police Accountability
Use of Tear Gas and Flock Cameras Concerns
5. Andrew Jess
6. Anne-Lise Francois
7. Carol Denney
8. Becca Schonberg
9. Kelly Hammargren
10. Zan Turner
11. Margot Smith (2)
12. Allison Baxter
13. Nish Parker
14. Deborah Cohan
Tuesday, March 10, 2026 ANNOTATED AGENDA Page 15
Police Accountability Board
15. Shenandoah Titus
16. Wendy Alfsen (2)
17. Christopher Kroll
18. L Carol Christopher
Ordinance Request
19. 9 Similarly worded form letters “I’m so sorry to bother.”
Overnight Construction Noise
20. Anthony
Identify Consumer Fraud
21. Lydia Shiozaki
Environmental Health Concerns
22. Sheila Collier
23. Fran Haselsteiner
8th and Harrison
24. Molly Miller
Billboard Support
25. Natalie Aguilera
26. Emily Seelenfreund
27. Ryan Nolan
BART Board Meeting
28. Henry Symons
Data-Driven Accountability
29. Parsa Shabani
2026 New Star Pop-Up Street Fair Series
30. Brilliant Star Society
Office Hours
31. Dorothea Dorenz
Administrative Appeal
32. Andrew Marowitz
2109 Virginia
33. Gregory Kalkanis
Hopkins Street
34. David Gilbert
Tuesday, March 10, 2026 ANNOTATED AGENDA Page 16
Proclamation Request
35. Monica Torres
36. Dolores Martinez
North Branch Library
37. Glen
A Note for You
38. Leonard Pitt
211 and Available Shelter
39. Jesse Sheehan
Settlement Fund Request
40. Marcus von Engel
Lunar New Year
41. Joel Ng on behalf of Falun Gong Practitioners in Berkeley
Upzoning
42. Summer Brenner
43. Jacqueline Beth
44. Howard Hertz
45. Micky Duxbury (2)
46. John J. Parman
February 19th
47. Kelly Hammargren
Crosswalk Illumination
48. David Lerman
Group Picture
49. Ararety Garewal
BHS Teacher
50. Jim Lutz
Elementary Reading Program
51. Ruth Stern
BUSD Fix-It Fest
52. Linda Currie
Parking Permits
53. Cristina Estrada
RV Concerns
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54. Eric Mason
Housing Voucher Concerns
55. Michelle Cortez
Traffic Enforcement
56. Margaret
Berkeley Downtown Library
57. Jacqueline Fried
Big Oaks Learning Center
58. Raquel Balingit
Occupied Property
59. Raj Sahai
BHA Grievance
60. Michelle Cortez
ADA Grievance
61. Jonnyruel
High-Rise Apartments
62. Pauline Bondonno Cross
EPA New Funding Opportunity
63. Chris Cullander
Resolution Request
64. Musa Tariq
Acton Courtyard Tenants Union
65. Yasmin Jenkins (3)
Forwards
66. Russbumper (2)
Newsletters
67. Visit Berkeley (2)
68. Downtown Berkeley Association
69. Margots999
70. Berkeley Art Center
I-580 Truck Ban
71. Nate Miley
72. Brandy Olson
73. Shannon Rogers
Tuesday, March 10, 2026 ANNOTATED AGENDA Page 18
74. Laura Gardner
URL
75. Russbumper
E-Scooters
76. Moni Law
77. Robert Borghese (9)
78. Carson Lepre (9)
79. Wahid Amiri
Supplemental Communications and Reports 1
Item #7: Entertainment Zone Ordinance (Reviewed by the Health, Life Enrichment, Equity & Community Committee)
80. Daniel Swafford
Item #11: Citywide Guidelines on Artificial Intelligence (Reviewed by the Health, Life Enrichment, Equity & Community Committee)
81. Supplemental agenda material submitted by Councilmember Shoshana O’Keefe Item #16: Appeal of Special Assessment Tax Lien and of the Need for Abatement Action at 2750 Cedar Street
82. Revised agenda material submitted by the Planning and Development Department Item #17: Resolution Rescinding Berkeley Police Department’s Pepper Spray Reporting Requirement (Reviewed by the Public Safety Committee)
83. Frances Wilson
Item #18: City of Berkeley’s 2026 State and Federal Legislative Platform (Continued from February 24, 2026)
84. Supplemental agenda material submitted by Mayor Adena Ishii Supplemental Communications and Reports 2
Item #7: Entertainment Zone Ordinance (Reviewed by the Health, Life Enrichment, Equity & Community Committee)
85. Supplemental agenda material submitted by Councilmember Terry Taplin Item #13: Project to Increase Telegraph and Claremont Housing (PITCH) Rezoning (Reviewed by the Land Use, Housing & Economic Development Committee)
86. Supplemental agenda material submitted by Councilmember Mark Humbert Item #16: Appeal of Special Assessment Tax Lien and of the Need for Abatement Action at 2750 Cedar Street
87. Michael Tolleson
Item #17: Resolution Rescinding Berkeley Police Department’s Pepper Spray Reporting Requirement (Reviewed by the Public Safety Committee)
88. Revised agenda material submitted by Rashi Kesarwani
89. Revised agenda material submitted by Councilmember Cecilia Lunaparra
90. Revised agenda material submitted by Mayor Ishii
91. Wendy Alfsen
Tuesday, March 10, 2026 ANNOTATED AGENDA Page 19
Supplemental Communications and Reports 3
Urgent Item: Resolution Condemning the Illegal War on Iran and Expressing Support for Berkeleyans Impacted by this Crisis
92. Urgent item submitted by Councilmember Cecilia Lunaparra
93. Mojgan Mahdizadeh
94. Joel Ng
95. Jack Kurzweil
Item #1: Amendments to BMC Title 23 (Zoning) to Update the Regulation of Nonconforming Lot Coverage, Floor Area Ratio and Density for Residential Uses in Selected Zoning Districts
96. Stacie Donnelly on behalf of the Community Associations Institute Item #6: City Contracts: Outdated Process Led to Non-Competitive Contracts
97. Presentation submitted by the City Auditor
Item #7: Entertainment Zone Ordinance (Reviewed by the Health, Life Enrichment, Equity & Community Committee)
98. Mark Rhoades
99. Meryl Siegal
100. David M Mayeri
101. Lars Larson
102. Chip Harley
103. Daniel Swafford
104. Jeremy Townsend
105. Julie McCray
106. Atsushi Yanai
Item #10: Resolution Opposing Bureau of Land Management Oil and Gas Leasing and Drilling on California Public Lands and Parks
107. Supplemental agenda material submitted by Councilmember Igor Tregub 108. Susanna Porte
Item #13: Project to Increase Telegraph and Claremont Housing (PITCH) Rezoning (Reviewed by the Land Use, Housing & Economic Development Committee) 109. Adele and David Crady
Item #14: Amendments to BMC Title 23 (Zoning) to Update the Regulation of Nonconforming Lot Coverage, Floor Area Ratio and Density for Residential Uses in Selected Zoning Districts
110. Presentation submitted by the Planning Department
Item #16: Appeal of Special Assessment Tax Lien and of the Need for Abatement Action at 2750 Cedar Street
111. Presentation submitted by the Planning Department
Item #17: Resolution Rescinding Berkeley Police Department’s Pepper Spray Reporting Requirement (Reviewed by the Public Safety Committee) 112. Vanessa Cordova
113. Raela Richie
114. Dwayne L. Phillips
115. Unknown
Tuesday, March 10, 2026 ANNOTATED AGENDA Page 20