Agenda packet — Berkeley City Council, April 28, 2026 (part 1 of 3)

Tuesday, April 28, 2026 REVISED AGENDA Page 1

REVISED AGENDA
(REVISED TO ADD A TELECONFERENCE LOCATION)

BERKELEY CITY COUNCIL MEETING
Tuesday, April 28, 2026
6:00 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702 TELECONFERENCE LOCATION - 1027 BANCROFT WAY, BERKELEY, CA 94710

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: 160 256 6464. 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.

Rev - 1

Tuesday, April 28, 2026 REVISED AGENDA Page 2
Preliminary Matters
Roll Call:

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

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

City Manager Comments: The City Manager may make announcements or provide information to the City Council in the form of an oral report. The Council will not take action on such items but may request the City Manager place a report on a future agenda for discussion.

Public Comment on Non-Agenda Matters: Up to ten persons will be selected to address matters not on the Council agenda. If five or fewer persons are identified to provide non-agenda comment, each person selected will be allotted two minutes each. If more than five persons are selected to address matters not on the Council agenda, each person selected will be allotted one minute each.

In-person attendees wishing to address the Council on matters not on the Council agenda during the initial ten-minute period for such comment, must submit a speaker card to the City Clerk in person at the meeting location and prior to the moment that the Presiding Officer calls for public comment on non - agenda items. Remote attendees must raise their hand in the videoconference application when the Presiding Officer calls for non-agenda speakers. The first five raised hands on the videoconference application will be selected to speak and the first five cards drawn at the meeting will be selected to speak. The number of in-person and remote speakers selected may be adjusted by the Presiding Officer if fewer than five speakers from either format are identified.

The remainder of the speakers wishing to address the Council on non-agenda items will be heard at the end of the agenda.

Public Comment by Employee Unions (first regular meeting of the month): This period of public comment is reserved for officially designated representatives of City of Berkeley employee unions, with five minutes allocated per union if representatives of three or fewer unions wish to speak and up to three minutes per union if representatives of four or more unions wish to speak.

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Tuesday, April 28, 2026 REVISED 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 BMC Title 3.24 (Landmarks Preservation Commission) to Revise Procedures for Designating Landmarks, Historic Districts and Structures of Merit and Incorporate Technical Edits
From: City Manager
Recommendation: Adopt the second reading of Ordinance No. 8,005-N.S. amending BMC Title 3.24 (Landmarks Preservation Commission) to revise procedures for designating landmarks, historic districts and structures of merit, and to incorporate technical edits.

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

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

Rev - 3
Consent Calendar
Tuesday, April 28, 2026 REVISED AGENDA Page 4

2. Minutes for Approval
From: City Manager
Recommendation: Approve the minutes for the Council meetings of March 2, 2026 (closed), March 6, 2026 (special), March 10, 2026 (special and regular), March 16, 2026 (closed), March 17, 2026 (special), and March 24, 2026 (special and regular).

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

3. Police Accountability Board – Appointment of New Member From: City Manager
Recommendation: Adopt a Resolution appointing a new member to the Police Accountability Board (PAB) nominated by Councilmember Blackaby.

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

4. Sale of Real Property – 1631 Fifth Street
From: City Manager
Recommendation: Adopt a Resolution declaring 1631 Fifth Street exempt surplus land. Subsequently, adopt first reading of an Ordinance approving the sale of City property at 1631 Fifth Street and authorizing the City Manager to execute all necessary documents required to sell the property for $750,000.

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

5. Rescind Resolution No. 68,099-N.S. and Adopt a Resolution for Continual Participation in the Alameda County Operational Area
From: City Manager
Recommendation: Adopt a Resolution rescinding Resolution No. 68,099-N.S. and authorizing the City Manager to execute an agreement, effective through 2035, with the Alameda County Operation Area Emergency Management Organization to establish the administrative pathways that enable resource sharing among cities, counties and the State during disasters.

Financial Implications: None.

Contact: David Sprague, Fire, (510) 981-3473

6. Contract No. 32400192 Amendment: GovernmentJobs.com (dba NEOGOV) for Online Data Management Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32400192 with GovernmentJobs.com (dba NEOGOV) for online data management services including applicant tracking, onboarding, and learning management to increase the not to exceed amount of $180,000 by $190,000 for a total not to exceed amount of $370,000 with a contract end date of May 15, 2027.

Financial Implications: See report
Contact: Janelle Rodrigues, Human Resources, (510) 981-6800 Rev - 4
Consent Calendar
Tuesday, April 28, 2026 REVISED AGENDA Page 5

7. Support Position on SB 894 (Allen) - California Wildfire Resilience Loan Program
From: Disaster and Fire Safety Commission
Recommendation: Adopt an official Support position on Senate Bill 894 (Allen), the California Wildfire Resilience Loan Program, and authorize and direct the Mayor or City Manager or designee to send letters of support to Senator Ben Allen, Senator Jesse Arreguín, representing Berkeley in the California State Senate, and Assemblymember Buffy Wicks
Financial Implications: See report.

Contact: Keith May, Commission Secretary, (510) 981-3473

8. Support Position on SB 1076 (Pérez) - Insurance Coverage for Fire-Safe Homes Act
From: Disaster and Fire Safety Commission
Recommendation: Adopt an official Support position on Senate Bill 1076 (Pérez), the Insurance Coverage for Fire-Safe Homes Act, and authorize and direct the Mayor or City Manager or designee to send letters of support to Senator Sasha Renée Pérez, Senator Jesse Arreguín, representing Berkeley in the California State Senate, and Assemblymember Buffy Wicks.

Financial Implications: See report.

Contact: Keith May, Commission Secretary, (510) 981-3473

9. Berkeley’s Financial Condition (FY 2016-FY 2025): Structural Deficit Poses Risk to Financial Sustainability
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, Budget Office, and other relevant departments. This audit includes 9 recommendations to formalize the use of more sustainable budget strategies, ensure funds withdrawn from the Section 115 Trust are replenished, improve financial reporting, and develop a capital financing plan that proposes future funding mechanisms beyond existing sources to help address the City’s growing unfunded capital needs. City management agreed or partially agreed to our recommendations.

Please see our report for their complete response.

Financial Implications: See report
Contact: Jenny Wong, Auditor, (510) 981-6750

Rev - 5
Council Consent Items
Tuesday, April 28, 2026 REVISED AGENDA Page 6

10. Luna Dance Creativity: Relinquishment of Council Office Budget Funds from General Funds and Grant of Such Funds
From: Councilmember Taplin (Author)
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $500 per Councilmember, including $500 from Councilmember Taplin, to support Luna's May Day Gathering and Bazaar event.

Financial Implications: See report
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120

11. Resolution Supporting Megafire Prevention Package
From: Councilmember Blackaby (Author), Mayor Ishii (Co-Sponsor), Councilmember O'Keefe (Co-Sponsor), Councilmember Humbert (Co-Sponsor) Recommendation: Adopt a Resolution supporting the 2026 Joint Megafire Prevention Package in the California Legislature supported by Megafire Action, FireWERX, California Fire Safe Council, and the Karuk Tribe, among others. Send a copy of the Resolution to the six authors, Senator Jesse Arreguín, Assemblymember Buffy Wicks, and Governor Gavin Newsom.

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

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

Action items may be reordered at the discretion of the Chair with the consent of Council.

The Presiding Officer may open and close an additional comment period for Action items on this agenda (excluding any public hearings, appeals, and/or quasi-judicial matters), at the start of the Action Calendar.

Those who speak on an item during this comment period may not speak a second time when the item is taken up by Council.

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

If ten or fewer persons are interested in speaking during a public hearing, each speaker may speak for two minutes. If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker. Speakers are permitted to yield their time to one other speaker, however no one speaker shall have more than four minutes. The Presiding Officer may Rev - 6
Action Calendar – Public Hearings
Tuesday, April 28, 2026 REVISED AGENDA Page 7
with the consent of persons representing both sides of an issue allocate a block of time to each 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.

12. Submission of the Program Year 2026 Annual Action Plan Containing Allocations of Federal Funds
From: City Manager
Recommendation: Conduct a public hearing on the Program Year (PY) 2026 Annual Action Plan (AAP) and upon conclusion, adopt a Resolution that authorizes the City Manager or his designee to:

1. Execute any resultant agreements and amendments for agencies receiving funding under the Community Development Block Grant (CDBG), Emergency Solutions Grant (ESG), or Home Investment Partnerships Program (HOME) Program in accordance with the proposal approved hereunder. If the federal government does not allocate sufficient funds to cover the allocations attached to this resolution in this year or subsequent years, the City may either terminate the resultant agreements with agencies without any liability occurring to the City. A record copy of said contracts and any amendments are on file in the Office of the City Clerk; and

2. Adjust reporting due dates for Community Agency grantees for all Program Reports and Statement of Expenses for FY 2027 and FY 2028 contracts. Authorize new dates for Program Reports to be due on October 15, January 15, April 15, and July 15 and Statement of Expenses due on October 15, January 15, April 15, July 31; and

3. Allocate 20% of the PY 2026 (FY 2027) CDBG funds to Planning and Administration, up to 17.83% for public services, and the remaining to be distributed to Housing Services and Community Facility Improvements as outlined in Exhibit A with the Public Facility Improvements being a flexible line item should the HUD allocation differ than the amount currently allocated; and

4. Allocate the allowable 7.5% of the PY 2026 (FY 2027) ESG to Administration, $6,676 to the Homeless Management Information System (HMIS), and the remaining amount to Rapid Re-housing, and shelter activities (not to exceed 60% of PY 2026 ESG entitlement); and

5. Allocate the allowable 10% of PY 2026 (FY 2027) HOME funds for program administration, up to the allowable 5% for Community Housing Development Organization (CHDO) operating support, and allocate the remainder to the Housing Trust Fund; and

6. Finalize the PY 2026 Annual Action Plan, including responses to public comments received until May 1, 2026, adding required U.S. Department of Housing and Urban Development (HUD) application forms and certifications, and including other HUD required information, submit it to HUD, and execute all documents necessary to receive the City’s entitlement grants under the CDBG, ESG, and HOME Programs.

Financial Implications: See report.

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

Rev - 7
Action Calendar – Public Hearings
Tuesday, April 28, 2026 REVISED AGENDA Page 8

13. California Municipal Finance Authority Bond Financing for Ephesian Legacy Court Apartments Project
From: City Manager
Recommendation: Conduct the public hearing on April 28, 2026, under the requirements of Tax and Equity Fiscal Responsibility Act (“TEFRA”) and the Internal Revenue Code of 1986, as amended (the “Code”), and upon conclusion:

Adopt a Resolution approving the issuance of the Bonds by the California Municipal Finance Authority (“CMFA”) for the benefit of Ephesian Legacy Court Limited Partnership, a California limited partnership (the “Borrower”), to provide for the financing of Ephesian Legacy Court (the “Project”). The adoption is intended to solely satisfy the requirements of TEFRA, the Code and the California Government Code Section 6500 (and following).

Financial Implications: See report.

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

14. Amendments to Berkeley Municipal Code Title 23 (Zoning) for Consistency with State Law and Technical Edits (SLTE 2026)
From: City Manager
Recommendation: Conduct a public hearing, and upon conclusion adopt the first reading of an Ordinance amending Berkeley Municipal Code (BMC) Title 23. The proposed changes apply to the sections of the BMC listed below:
- Section 23.202.020 (Residential Districts – Allowed Land Uses) - Section 23.202.050 (Residential Districts – R-1 Residential Multi-Unit 1 District) - Section 23.202.080 (Residential Districts – R-2 Residential Multi-Unit 2 District) - Section 23.202.090 (Residential Districts – R-2A Residential Multi-Unit 2A District) - Section 23.206.030 (Manufacturing Districts – Additional Permit Requirements) - Section 23.206.060 (Manufacturing Districts – M Manufacturing District) - Section 23.206.070 (Manufacturing Districts – MM Mixed Manufacturing District) - Section 23.206.080 (Manufacturing Districts – MU-LI Mixed Use-Light Industrial District)
- Section 23.206.090 (Manufacturing Districts – MU-R Mixed Use Residential District) - Section 23.304.100 (General Development Standards – Site Features in Residential)
- Section 23.306.030 (Accessory Dwelling Units – Development Standards) - Section 23.306.040 (Accessory Dwelling Units – Permit Procedures) - Section 23.322.040 (Parking and Loading – General Requirements) - Section 23.322.050 (Parking and Loading – Parking Reductions) - Section 23.322.100 (Parking and Loading – On-site Loading Spaces) - Section 23.326.070 (Demolition of Non-Residential Buildings) - Section 23.330.030 (Density Bonus—Application Requirements) - Section 23.330.080 (Density Bonus – Regulatory Agreements) - Section 23.410.020 (Appeals and Certifications – Appeal Subjects and Jurisdiction) - Section 23.502.020 (Glossary – Defined Terms)
Financial Implications: See report
Contact: Jordan Klein, Planning and Development, (510) 981-7400

Rev - 8
Action Calendar – Public Hearings
Tuesday, April 28, 2026 REVISED AGENDA Page 9

15. 1646 and 1650 Fifth Street Re-Zoning and Associated General Plan Amendments
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion:

1. Adopt a Resolution to:
a. Amend the General Plan Land Use Map to change the existing Manufacturing (M) and Mixed Use (MU) land use designation to solely Mixed Use and b. Amend the West Berkeley Plan to include conforming land use district map amendments; and

2. Adopt an Ordinance amending the Zoning Map to rezone portions of 1646 and 1650 Fifth Street from Mixed Use-Light Industrial (MU-LI) to Mixed Use-Residential (MU-R).

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

Information Reports

16. UCSF Benioff Homelessness and Housing Initiative’s Interim Evaluation of the Berkeley Encampment Resolution/RV Buyback Program
From: City Manager
Contact: Peter Radu, City Manager's Office, (510) 981-7000

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

Archived indexed video streams are available at: berkeleyca.gov/council-agendas.

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

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

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Tuesday, April 28, 2026 REVISED AGENDA Page 10
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.

If you have obtained interpretation services for your use during a City Council meeting and would like to request assistance, please contact the City Clerk Department at (510) 981 -6900, [email protected], or in-person during the meeting.

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

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ I hereby certify that the agenda for this meeting of the Berkeley City Council was posted at the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way, as well as on the City’s website, on April 23, 2026.

Mark Numainville, City Clerk

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Tuesday, April 28, 2026 REVISED AGENDA Page 11
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.

Hopkins St.

1. Justin Kao

2. Kori Kody

3. Brooke DuBose

4. Joel Myerson

5. Rudy VanderLans (3)

6. Cort Cooper

7. Katherine Calvert

8. Carol Hirth

9. Kristen Anderson

10. Catherine Ryan

11. Susan Schwartz on behalf of Friends of Five Creeks

12. Jan Woo

13. Paul Litsky

14. Meryl Siegal

15. Joseph Sutton (2)

16. Billy McDonald and Roberta Brooks

17. Philippa Kelly

18. Chris Edmunds

19. Charles Steidtmann

20. Janet Stromberg

21. Myriam and Richard Misrach

22. Lisa Bruce

23. Rachel Gold (2)

24. Cherie and Ron Hearne

25. Peggy Radel

26. Ellen Greenblatt

27. Katherine de Runtz (2)

28. Sondra Jensen

29. Sean Keller

30. Joe DiStefano

31. Brian Edquist

32. Ross Bernet

33. Thea Davison

34. Joanna Dillon

35. Jennifer Rose

36. Thomas J. Ayres

GO Bond Measures

37. Keri Hall

38. Greg Chang
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Tuesday, April 28, 2026 REVISED AGENDA Page 12

39. Aimee Phan

40. EJ Holowicki

41. Nick Lewis

Proposed Local Tax Increase

42. Barbara Gilbert

Missing Person Case Concern

43. Hanifea Click (5)

44. Racarra Miller

45. Michele Yvonne Lazaneo

Public Safety Technology

46. Taj Herzer-Baptiste

Fireworks Concern

47. Mark Delepine

Flock Concerns

48. Colin Elbasani

49. Sarah Rosenkrantz

50. Larry Hendel

51. Larisa Cummings

52. Lanny DeVuono

53. Sierra Goetz

Economic Data

54. Margot Smith

Cement Factory

55. Cecelia Mautner

2128 Oxford St.

56. Steven Schuyler (4)

57. Margot Smith

Trash Dumping Concern

58. Craig Nagasawa

Upzoning

59. Kori Kody

60. Ron Kemper

61. Gloria Frym

62. Gael Alcock

63. Michael Weber

64. Summer Brenner
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Tuesday, April 28, 2026 REVISED AGENDA Page 13

Lead Contamination Concern

65. Jane Terjung, Bill Naylor, and Concerned Neighbors

Union Pacific Railway

66. David McGuire

67. Susan Schwartz on behalf of Friends of Five Creeks (2)

Tenant Communications

68. Hector91 Phuentes (2)

Development Agreement

69. Jennifer Cogley

City Events

70. Rainbow Rubin

2425 Durant

71. DeSeana Williams

Betta Fish Concern

72. Ariel Heinicke

Electric Chargers

73. Doreet and Jeff Stein

Vehicles on Sidewalks

74. Jessaw Greenman

Newsletters

75. Berkeley Art Center

76. Berkeley Historical Society & Museum

Forwards

77. Russbumper (2)

E-Scooters

78. Robert Borghese (9)

79. Carson Lepre (6)

80. Aaron Dickinson (2)

81. Antonio Vargas

82. Hazel Santander

83. Shared Mobility Program (2)

84. Lime Virtual Ride Expert (3)

85. Jenny
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Tuesday, April 28, 2026 REVISED AGENDA Page 14
Supplemental Communications and Reports
Items received by the deadlines for submission will be compiled and distributed as follows. If no items are received by the deadline, no supplemental packet will be compiled for said deadline.

• Supplemental Communications and Reports 1
Available by 5:00 p.m. five days prior to the meeting.

• Supplemental Communications and Reports 2
Available by 5:00 p.m. the day before the meeting.

• Supplemental Communications and Reports 3
Available by 5:00 p.m. two days following the meeting.

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Tuesday, April 28, 2026 AGENDA Page 1

AGENDA

BERKELEY CITY COUNCIL MEETING
Tuesday, April 28, 2026
6:00 PM

SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702

ADENA ISHII, MAYOR
COUNCILMEMBERS:

This meeting will be conducted in a hybrid model with both in -person and virtual attendance. Attend this meeting remotely using Zoom. To request to speak, use the “raise hand” function in Zoom. To join by phone: Dial 1-669- 254-5252 or 1-833-568-8864 (Toll Free) and enter Meeting ID: 160 256 6464. 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.

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

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Tuesday, April 28, 2026 AGENDA Page 2
Preliminary Matters
Roll Call:

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

The remainder of the speakers wishing to address the Council on non-agenda items will be heard at the end of the agenda.

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Tuesday, April 28, 2026 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.

Consent Calendar

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

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

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Consent Calendar
Tuesday, April 28, 2026 AGENDA Page 4

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

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

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

Financial Implications: None.

Contact: David Sprague, Fire, (510) 981-3473

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

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Consent Calendar
Tuesday, April 28, 2026 AGENDA Page 5

Contact: Keith May, Commission Secretary, (510) 981-3473

Financial Implications: See report.

Contact: Keith May, Commission Secretary, (510) 981-3473

Please see our report for their complete response.

Financial Implications: See report
Contact: Jenny Wong, Auditor, (510) 981-6750

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Council Consent Items
Tuesday, April 28, 2026 AGENDA Page 6

Financial Implications: See report
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120

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

Action items may be reordered at the discretion of the Chair with the consent of Council.

Those who speak on an item during this comment period may not speak a second time when the item is taken up by Council.

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Action Calendar – Public Hearings
Tuesday, April 28, 2026 AGENDA Page 7
with the consent of persons representing both sides of an issue allocate a block of time to each side to present their issue.

Financial Implications: See report.

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

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Action Calendar – Public Hearings
Tuesday, April 28, 2026 AGENDA Page 8

Financial Implications: See report.

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

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Action Calendar – Public Hearings
Tuesday, April 28, 2026 AGENDA Page 9

15. 1646 and 1650 Fifth Street Re-Zoning and Associated General Plan Amendments
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion:

2. Adopt an Ordinance amending the Zoning Map to rezone portions of 1646 and 1650 Fifth Street from Mixed Use-Light Industrial (MU-LI) to Mixed Use-Residential (MU-R).

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

Information Reports

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.

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Tuesday, April 28, 2026 AGENDA Page 10
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/.

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.

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

Mark Numainville, City Clerk

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Tuesday, April 28, 2026 AGENDA Page 11
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.

Hopkins St.

1. Justin Kao

2. Kori Kody

3. Brooke DuBose

4. Joel Myerson

5. Rudy VanderLans (3)

6. Cort Cooper

7. Katherine Calvert

8. Carol Hirth

9. Kristen Anderson

10. Catherine Ryan

11. Susan Schwartz on behalf of Friends of Five Creeks

12. Jan Woo

13. Paul Litsky

14. Meryl Siegal

15. Joseph Sutton (2)

16. Billy McDonald and Roberta Brooks

17. Philippa Kelly

18. Chris Edmunds

19. Charles Steidtmann

20. Janet Stromberg

21. Myriam and Richard Misrach

22. Lisa Bruce

23. Rachel Gold (2)

24. Cherie and Ron Hearne

25. Peggy Radel

26. Ellen Greenblatt

27. Katherine de Runtz (2)

28. Sondra Jensen

29. Sean Keller

30. Joe DiStefano

31. Brian Edquist

32. Ross Bernet

33. Thea Davison

34. Joanna Dillon

35. Jennifer Rose

36. Thomas J. Ayres

GO Bond Measures

37. Keri Hall

38. Greg Chang

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Tuesday, April 28, 2026 AGENDA Page 12

39. Aimee Phan

40. EJ Holowicki

41. Nick Lewis

Proposed Local Tax Increase

42. Barbara Gilbert

Missing Person Case Concern

43. Hanifea Click (5)

44. Racarra Miller

45. Michele Yvonne Lazaneo

Public Safety Technology

46. Taj Herzer-Baptiste

Fireworks Concern

47. Mark Delepine

Flock Concerns

48. Colin Elbasani

49. Sarah Rosenkrantz

50. Larry Hendel

51. Larisa Cummings

52. Lanny DeVuono

53. Sierra Goetz

Economic Data

54. Margot Smith

Cement Factory

55. Cecelia Mautner

2128 Oxford St.

56. Steven Schuyler (4)

57. Margot Smith

Trash Dumping Concern

58. Craig Nagasawa

Upzoning

59. Kori Kody

60. Ron Kemper

61. Gloria Frym

62. Gael Alcock

63. Michael Weber

64. Summer Brenner

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Tuesday, April 28, 2026 AGENDA Page 13

Lead Contamination Concern

65. Jane Terjung, Bill Naylor, and Concerned Neighbors

Union Pacific Railway

66. David McGuire

67. Susan Schwartz on behalf of Friends of Five Creeks (2)

Tenant Communications

68. Hector91 Phuentes (2)

Development Agreement

69. Jennifer Cogley

City Events

70. Rainbow Rubin

2425 Durant

71. DeSeana Williams

Betta Fish Concern

72. Ariel Heinicke

Electric Chargers

73. Doreet and Jeff Stein

Vehicles on Sidewalks

74. Jessaw Greenman

Newsletters

75. Berkeley Art Center

76. Berkeley Historical Society & Museum

Forwards

77. Russbumper (2)

E-Scooters

78. Robert Borghese (9)

79. Carson Lepre (6)

80. Aaron Dickinson (2)

81. Antonio Vargas

82. Hazel Santander

83. Shared Mobility Program (2)

84. Lime Virtual Ride Expert (3)

85. Jenny

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Tuesday, April 28, 2026 AGENDA Page 14
Supplemental Communications and Reports
Items received by the deadlines for submission will be compiled and distributed as follows. If no items are received by the deadline, no supplemental packet will be compiled for said deadline.

• Supplemental Communications and Reports 1
Available by 5:00 p.m. five days prior to the meeting.

• Supplemental Communications and Reports 2
Available by 5:00 p.m. the day before the meeting.

• Supplemental Communications and Reports 3
Available by 5:00 p.m. two days following the meeting.

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Ordinance No. 8,005-N.S. Page 1 of 10
ORDINANCE NO. 8,005-N.S.

AMENDMENTS TO BMC TITLE 3.24 (LANDMARKS PRESERVATION COMMISSION)

TO IMPROVE PROCEDURES FOR DESIGNATING LANDMARKS, HISTORIC

DISTRICTS AND STRUCTURES OF MERIT AND INCORPORATE TECHNICAL EDITS BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. That section 3.24.030 be amended to read as follows:

A. The commission shall consist of nine members. Appointments to the commission shall be made by councilmembers and vacancies on the commission shall be filled by councilmembers in accordance with the provisions of Sections 2.04.030 through

2.04.120, enacted as Ordinance 4780-N.S. by the voters of the City.

B. The Director of Planning and Development, or their representative, shall serve as secretary of the commission, without vote. The Planning and Development Department shall provide staff assistance to the commission.

C. The commission shall elect annually a chairperson from among its members, and shall establish rules and regulations for its own organization and procedure.

Section 2. That section 3.24.050(A) be amended to read as follows:

The commission shall:

A. After June 6, 1974, undertake to establish and maintain a list of structures, sites and areas having a special historical, architectural or aesthetic interest or value. This list may include single structures or sites, portions of structures, groups of structures, human- made or natural landscape elements, works of art, or integrated combinations thereof.

After public hearings, the commission may designate landmarks and historic districts from the list. In the establishment of the foregoing list, the commission shall notify and solicit the views of property owners and residents of structures, sites and areas proposed by the commission to be included in such a list.

Section 3. That section 3.24.060 be amended to read as follows:

The commission may:

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Ordinance No. 8,005-N.S. Page 2 of 10
A. Designate, after public hearings, structures, sites and areas including single structures or sites, portions of structures, groups of structures, human-made or natural landscape elements, works of art, or integrated combinations thereof, having a special character, or special historical, architectural, or aesthetic interest or value, as:

1. A landmark site for each site, area, structure, element, work of art, or;

2. An historic district constituting a specific designated section of the City; B. Identify a structure of merit including structures, sites and areas, including single structures or sites, portions of structures, groups of structures, man-made or natural landscape elements, works of art, or integrated combinations thereof, having a special character, or special historical, architectural or aesthetic interest or value; C. Review and decide on permit applications for construction, alteration and demolition on landmark sites, in historic districts and on structure of merit sites and on initiated landmark sites, initiated historic districts and initiated structure of merit sites, as more fully set forth in Sections 3.24.220 through 3.24.250 and 3.24.350A below; D. Take steps to encourage or bring about preservation of structures, sites and areas where the commission has decided to suspend action on a permit application, as more fully set forth in Sections 3.24.220 through 3.24.250 below.

Section 4. That section 3.24.080 be amended to read as follows:

The Director of Planning and Development, prior to completion of the initial list of structures, sites and areas, shall have the authority to recommend to the City Council suspension of permit application for a maximum of one hundred eighty days, if in the judgment of the Director of Planning and Development, an emergency is deemed to exist and a structure, site or area appropriate for landmark status is threatened with imminent destruction or substantial alteration.

Section 5. That section 3.24.100 be amended to read as follows:

A. Each designation of a landmark, historic districts or structure of merit by the commission shall include:

1. A description of the characteristics which justify its designation;

2. A description of the particular features that should be preserved;

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Ordinance No. 8,005-N.S. Page 3 of 10

3. The location and boundaries of the landmark site, historic district or structure of merit site.

B. The property included in any such designation shall upon designation be subject to the controls and standards set forth in this chapter and the following controls and standards if imposed by the designation:

1. For a publicly owned landmark or structure of merit, review of proposed changes in major interior architectural features;

2. For an historic district, such further controls and standards as the commission deems necessary or desirable, including but not limited to facade, setback, height controls, signs and public improvements.

The commission may, upon receipt of any significant new information, reconsider after two years any structure of merit and designate it as a landmark, subject to all the procedures set forth in this section for an original landmark designation.

Section 6. BMC Section 3.24.110(A) be amended to read as follows:

A. Landmarks and historic districts. General criteria which the commission shall use when considering structures, sites and areas for landmark or historic district designation are as follows:

1. Architectural merit:
(a) Property that is the first, last, only or most significant architectural property of its type in the region;
(b) Properties that are prototypes of or outstanding examples of periods, styles, architectural movements or construction, or examples of the more notable works of the best surviving work in a region of an architect, designer or master builder; or
(c) Architectural examples worth preserving for the exceptional values they add as part of the neighborhood fabric.

2. Cultural value: Structures, sites and areas associated with the movement or evolution of religious, cultural, governmental, social and economic developments of the City;

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Ordinance No. 8,005-N.S. Page 4 of 10

3. Educational value: Structures worth preserving for their usefulness as an educational force;

4. Historic value: Preservation and enhancement of structures, sites and areas that embody and express the history of Berkeley/Alameda County/California/United States. History may be social, cultural, economic, political, religious or military;

5. Any property which is listed on the National Register described in Section 470A of Title 16 of the United States Code.

Section 7. BMC Chapter 3.24.120 be amended to read as follows:

A. Initiation of designation shall be made by the following:

1. The Landmarks Preservation Commission;

2. A resolution of intention of the City Council;

3. The Planning Commission;

4. The Civic Arts Commission;

5. The verified application of the owners of the property to be designated or their authorized agents;

6. The verified application of at least 200 residents of the City.

B. Any such application shall be filed with the commission upon forms prescribed by the City and shall be accompanied by all data required by the commission.

C. Exception. Any such designation shall not be processed for five (5) years following the receipt of a Preliminary Development application under SB330 (the Housing Crisis Act of 2019) by the City of Berkeley, unless initiated by the property owner.

1. This 5-year exception period is established at the time of the Preliminary Development application submittal pursuant to SB 330 (the Housing Crisis Act of 2019) and may only be applied once for any property. Any subsequent Preliminary Development application submitted pursuant to SB 330 shall be subject to limitations on landmarking in SB 330.

2. Following the submittal of a formal zoning application, any landmarking designation request shall not be processed for as long as the application is active or as long as the resulting permits and entitlements are valid, whichever is longer, pursuant to SB330.

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Ordinance No. 8,005-N.S. Page 5 of 10
D. Historic Districts. Where such application is submitted for designation of an historic district, the application must be subscribed by or on behalf of a majority of the property owners or residents of the proposed district.

Section 8. That BMC Section 3.24.140(A) be amended to read as follows:

A. Notice of the public hearing shall be given by posting thereof on or adjacent to the property involved not less than 14 days prior to the date of the hearing.

Section 9. That BMC Section 3.24.150 be amended to read as follows:

The commission shall approve, disapprove or modify the proposal within one hundred eighty (180) days after the conclusion of the public hearing; failure to act within said time shall constitute disapproval.

Section 10. That BMC Section 3.24.160 be amended to read as follows:

A. A Notice of Decision shall be issued when the LPC:

1. Approves, modifies, or denies a Landmark Designation; or

2. Takes action on an appealed decision.

B. The Notice of Decision shall be issued before the LPC’s next regular meeting and shall describe the LPC’s action.

C. The Notice of Decision shall be posted in the lobby of the Permit Service Center and shall be mailed to:

1. The applicant;

2. The appellant, if applicable;

3. Any person who has filed a written request for notice; and

4. The City of Berkeley Central Library.

D. The Notice of Decision shall be filed with the City Clerk and provided to the LPC. The City Clerk shall make the notice available to interested members of the City Council and the public.

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Ordinance No. 8,005-N.S. Page 6 of 10
Section 11. That section 3.24.180 be amended to read as follows:

A. When a landmark, historic district or structure of merit has been designated by the commission as provided above, in addition to the notification required in Section 3.24.160 above, the commission shall cause a copy of the designation, or notice thereof, to be recorded in the Office of the County Recorder.

B. When a building or structure that has been designated a landmark or structure of merit has been legally demolished as permitted by this Code, its designation shall automatically be terminated if:

1. The designation was based on the characteristics of that building or structure, and not on any findings related to the site or parcel where the building or structure was located; and

2. All features to be preserved as specified pursuant to Section 3.24.100 have been eliminated as a result of the demolition.

In such cases, the City shall promptly record a notice in the Office of the County Recorder that the designation has been terminated.

Section 12. That BMC Section 3.24.190 be amended to read as follows:

3.24.190 City Council certification required.

Notwithstanding any of the provisions of this chapter, the City Council may certify any action of the commission in granting or denying an application for designation as a landmark or an historic district within ninety (90) days from the mailing of the Notice of the Decision of the commission. Such certification by the City Council shall stay all proceedings in the same manner as the filing of a notice of appeal.

Section 13. That BMC Section 3.24.210 be amended to read as follows:

3.24.210 Review of permit applications.

A. The commission shall maintain with the Department of Planning and Development and the department’s zoning and codes and inspection division a current record of designated landmarks, historic districts and structures of merit, as well as a record of

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Ordinance No. 8,005-N.S. Page 7 of 10
those having been initiated and undergoing consideration. Upon receipt of any application for a permit to carry out any construction, alteration or demolition on a landmark site, in an historic district or on a structure of merit site, or on an initiated landmark site, in an initiated historic district or on an initiated structure of merit site, the Department of Planning and Development shall, unless the structure or feature concerned has been declared unsafe or dangerous pursuant to Section 3.24.280 of this chapter, promptly forward such permit application to the commission for review.

B. The City Council shall set by resolution the fees for Landmarks Preservation Commission review of any application for a permit to carry out any construction, alteration or demolition on an initiated or designated landmark site, structure of merit, or historic district.

Applicants who are qualified non-profits and other applicants with projects valued at less than three hundred fifty thousand dollars may apply to the City Manager for a fee waiver if it can be demonstrated that the payment of the fee would pose a hardship.

Section 14. That the titles of BMC Sections 3.24.220, 3.24.230, 3.24.240, 3.24.250,

3.24.260 and 3.24.270 be amended to read as follows:

3.24.220 Alteration Permit application--Data and public hearing required-- Exceptions.

3.24.230 Alteration Permit application--Public hearing notice requirements.

3.24.240 Alteration Permit application--Decision--Procedure and time limitations--Notification required.

3.24.250 Alteration Permit application--Effect of suspended action.

3.24.260 Alteration Permit application--Review standards and criteria.

3.24.270 Alteration Permit application--Finding of hardship authorized when-- Effect.

Section 15. That BMC Section 3.24.280 be amended to read as follows:

None of the provisions of this chapter shall be construed to prevent any measures of

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Ordinance No. 8,005-N.S. Page 8 of 10
construction, alteration or demolition necessary to correct or abate the unsafe or dangerous condition of any structure, other feature, or part thereof, which such condition has been declared unsafe or dangerous by the Planning and Development Department or the Fire Department, and where the proposed measures have been declared necessary, by such department or departments, to correct the said condition; provided, however, that only such work as is reasonably necessary to correct the unsafe or dangerous condition may be performed pursuant to this section. In the event any structure or other feature is damaged by fire or other calamity or by act of God, or by the public enemy to such an extent that in the opinion of the aforesaid department or departments it cannot reasonably be repaired or restored, it may be removed in conformity with normal permit procedures and applicable laws.

Section 16. That BMC Section 3.24.300 (A) be amended to read as follows:

A. An appeal may be taken to the City Council by the following:

1. A motion of the City Council;

2. A motion of the Planning Commission;

3. A motion of the Civic Art Commission;

4. The verified application of the owners of the property or their authorized agents;

5. The verified application of at least 200 residents of the City aggrieved; or

6. Any determination of the commission made under the provisions of this chapter.

Section 17. That BMC Section 3.24.300 (B)-(H) be amended to read as follows:

B. General. Appeals shall be filed and processed consistent with Chapter 23.404 (Common Permit Requirements) except as otherwise specified in this chapter.

1. Timing of Appeal: An appeal must be filed within fourteen (14) days of mailing the Notice of Decision.

C. Appeal Fees.

1. Appeal fees shall be paid by the person filing the appeal (the appellant) except as provided in Paragraph 2 below.

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Ordinance No. 8,005-N.S. Page 9 of 10

2. The City shall not charge a fee for appeals of projects denied due to conflicting decisions of the Zoning Adjustments Board (ZAB) and Landmarks Preservation Commission as described in Sections 3.24.200 through 3.24.240.

D. The filing of a notice of appeal within the time and in the manner specified in subdivision A above shall stay all proceedings by all parties in connection with the matter upon which the appeal is taken until the determination of the appeal, as provided herein.

E. Before the hearing, department staff shall prepare a staff report describing the appeal with relevant supporting materials.

F. Each hearing shall be open to the public, which shall be given the opportunity to present their views and to be heard in accordance with established procedures.

G. After opening the public hearing on the appeal, the Council may take one of the following actions:

1. Continue the public hearing;

2. Based on the record of the Council’s consideration and hearing, reverse or affirm, wholly or partly, or modify any decision, determination, condition or requirement of the Commission’s original action; or

3. Remand the matter to the Commission to reconsider the application, or any revisions thereto submitted after the Commission’s action, in which case the Council shall specify which issues the Commission is directed to reconsider.

H. Except in the case of a remand to the Commission, when reviewing any decision of the Commission on appeal, the Council shall use the same standards for decision making and is required to make the same findings as the Commission with respect to the matter on appeal. The Council may adopt the Commission’s decision and findings as its own. In either case, the City Clerk shall prepare a resolution stating the Council’s decision.

If the disposition of the appeal has not been determined within 30 days from the date the public hearing was closed by the Council, then the decision of the Commission shall be deemed affirmed and the appeal deemed denied.

I. The City Clerk shall promptly notify in writing the appellant, owners or authorized agents of affected property, and residents of such property of the action taken.

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Ordinance No. 8,005-N.S. Page 10 of 10
J. Payment of fees for an appeal from the decision of the Landmarks Preservation Commission shall be set by resolution of the City Council. (Ord. 7461-NS § 1, 2016: Ord. 6243-NS § 1, 1994: Ord. 5620-NS § 1, 1984: Ord. 4694-NS § 9, 1974) Section 18. That BMC Section 3.24.340 be amended to read as follows:

Before accepting for filing any application hereinafter mentioned, the commission shall charge and collect the fees herein specified:

A. An application shall be accompanied by all required fees listed in the current Fee Schedule approved by the City Council.

B. There shall be no fee for each application for designation of a landmark, an historic district or a structure of merit, if such application is initiated by the commission, resolution of intention of the City Council, the Planning Commission, or by the Civic Arts Commission. (Ord. 5686-NS § 1 (part), 1985: Ord. 4694-NS § 13, 1974) Section 19. 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 April 14, 2026, this Ordinance was passed to print and ordered published by posting by the following vote:

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

Noes: None.

Abstain: Tregub.

Absent: None.

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

CONSENT CALENDAR
April 28, 2026
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 March 2, 2026 (closed), March 6, 2026 (special), March 10, 2026 (special and regular), March 16, 2026 (closed), March 17, 2026 (special), and March 24, 2026 (special and regular).

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

1. March 2, 2026 – Special Closed City Council Meeting

2. March 6, 2026 – Special City Council Meeting

3. March 10, 2026 – Special City Council Meeting

4. March 10, 2026 – Regular City Council Meeting

5. March 16, 2026 – Special Closed City Council Meeting

6. March 17, 2026 – Special City Council Meeting

7. March 24, 2026 – Special City Council Meeting

8. March 24, 2026 – Regular City Council Meeting

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Monday, March 2, 2026 MINUTES Page 1

MINUTES

BERKELEY CITY COUNCIL SPECIAL MEETING
MONDAY, MARCH 2, 2026
4:00 P.M.
2180 MILVIA STREET, BERKELEY, CA 94704 – REDWOOD ROOM
TELECONFERENCE LOCATION – 1619 EDITH STREET, BERKELEY CA 94703

ADENA ISHII, MAYOR
Councilmembers:

DISTRICT 1 – RASHI KESARWANI DISTRICT 5 – SHOSHANA O’KEEFE DISTRICT 2 – TERRY TAPLIN DISTRICT 6 – BRENT BLACKABY
DISTRICT 3 – BEN BARTLETT DISTRICT 7 – CECILIA LUNAPARRA DISTRICT 4 – IGOR TREGUB DISTRICT 8 – MARK HUMBERT
This meeting will be conducted in a hybrid model with both in-person and virtual attendance. Attend this meeting remotely using Zoom. To request to speak, use the “raise hand” function in Zoom. To join by phone: Dial 1-669- 254-5252 or 1-833-568-8864 (Toll Free) and enter Meeting ID: 160 482 2803. To provide public comment, Press *9 and wait to be recognized by the Chair. To submit a written communication for the public record, email [email protected].

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

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

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

Attachment 1

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Monday, March 2, 2026 MINUTES Page 2
Preliminary Matters
Roll Call: 4:03 p.m.

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

Absent: Bartlett, Tregub
Public Comment - Limited to items on this agenda only – 0 speakers.

CLOSED SESSION:

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

1. CONFERENCE WITH LABOR NEGOTIATORS; GOVERNMENT CODE SECTION 54957.6 Negotiators: Paul Buddenhagen, City Manager, David White, Deputy City Manager, Maricar Dupaya Budget Manager, Janelle Rodrigues, Human Resources Director, Monica Walker, Human Resources Manager
Employee Organizations: Berkeley Fire Fighters Association Local 1227 I.A.F.F., Berkeley Chief Fire Officers Association Local 1227 I.A.F.F., Berkeley Fire EMS Professionals Association, Berkeley Police Association; SEIU 1021 Community Services and Part-Time Recreation Activity Leaders, SEIU 1021 Maintenance and Clerical, IBEW Local 1245, Public Employee Union Local 1, Unrepresented Employees
Action: No reportable action taken.

2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(1)
a. Berkeley Homeless Union v. City of Berkeley, U.S.D.C. N.D. Cal. Case No. 3:25-cv- 01414-EMC
b. Prado v. City of Berkeley, U.S.D.C. N.D. Cal. Case No. 3:23-cv-04537-EMC Action: No reportable action taken.

Councilmember Kesarwani absent 5:20 p.m. – 5:27 p.m.

OPEN SESSION:

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

No reportable action taken.

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Monday, March 2, 2026 MINUTES Page 3
Adjournment
Action: M/S/C (Humbert/Taplin) to adjourn the meeting.

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

Adjourned at 5:27 p.m.

I hereby certify that the foregoing is a true and correct record of the special closed meeting of March 2, 2026 as approved by the Berkeley City Council. __________________________________
Rose Thomsen, Deputy City Clerk

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Friday, March 6, 2026 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
Friday, March 6, 2026
1:45 PM
1301 SHATTUCK AVENUE, BERKELEY, CA 94709

ADENA ISHII, MAYOR
Councilmembers:

DISTRICT 1 – RASHI KESARWANI DISTRICT 5 – SHOSHANA O’KEEFE DISTRICT 2 – TERRY TAPLIN DISTRICT 6 – BRENT BLACKABY
DISTRICT 3 – BEN BARTLETT DISTRICT 7 – CECILIA LUNAPARRA DISTRICT 4 – IGOR TREGUB DISTRICT 8 – MARK HUMBERT
This meeting will be conducted in a hybrid model with both in-person and virtual attendance. Attend this meeting remotely using Zoom. To request to speak, use the “raise hand” function in Zoom. To join by phone: Dial 1-669- 254-5252 or 1-833-568-8864 (Toll Free) and enter Meeting ID: 161 468 8729. To provide public comment, Press *9 and wait to be recognized by the Chair. To submit a written communication for the public record, email [email protected].

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

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

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

Attachment 2

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Friday, March 6, 2026 MINUTES Page 2
Preliminary Matters
Roll Call: 2:03 p.m.

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

Absent: Kesarwani, Taplin
Public Comment – Limited to items on this agenda only – 0 speakers Council Discussion

1.a. Introduction

1.b. Values and Group Agreements Review

1.c. Team Building Activity

1.d. 2025 Reflection and 2026 Planning
Action: Discussion of agenda items. No action taken.

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

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

Adjourned at 4:36 p.m.

I hereby certify that the foregoing is a true and correct record of the City Council special meeting held on March 6, 2026.
_________________________
Mark Numainville, City Clerk
Supplemental Communications and Reports 3
Item #1.a.: Introduction
Item#1.b.: Values and Group Agreements Review
Item #1.c.: Team Building Activity
Item #1.d.: 2025 Reflection and 2026 Planning

1. Berkeley City Council

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Tuesday, March 10, 2026 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, March 10, 2026
4:00 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.

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

Attachment 3

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Tuesday, March 10, 2026 MINUTES Page 2
Preliminary Matters
Roll Call: 4:07 p.m.

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

Absent: Kesarwani, Taplin, Bartlett
Councilmember Taplin present at 4:09 p.m.

Councilmember Bartlett present at 5:13 p.m.

Worksession

1. Berkeley Economic Dashboards Update
From: City Manager
Contact: Eleanor Hollander, Economic Development, (510) 981-7530 Action: 3 speakers. Presentation made and discussion held.

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

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

Adjourned at 5:37 p.m.

I hereby certify that the foregoing is a true and correct record of the City Council special meeting held on March 10, 2026.
_________________________
Mark Numainville, City Clerk
Communications
 None
Supplemental Communications and Reports 1
 None
Supplemental Communications and Reports 2
 None
Supplemental Communications and Reports 3
Item #1: Berkeley Economic Dashboards Update

1. Presentation submitted by the Office of Economic Development

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Tuesday, March 10, 2026 MINUTES Page 1

MINUTES

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.

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

Attachment 4

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Tuesday, March 10, 2026 MINUTES Page 2
Preliminary Matters
Roll Call: 6:05 p.m.

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

Absent: None
Land Acknowledgement Statement: The City of Berkeley recognizes that the community we live in was built on the territory of xučyun (Huchiun (Hooch-yoon)), the ancestral and unceded land of the Chochenyo (Cho-chen-yo)-speaking Ohlone (Oh-low-nee) people, the ancestors and descendants of the sovereign Verona Band of Alameda County. This land was and continues to be of great importance to all of the Ohlone Tribes and descendants of the Verona Band. As we begin our meeting tonight, we acknowledge and honor the original inhabitants of Berkeley, the documented 5,000-year history of a vibrant community at the West Berkeley Shellmound, and the Ohlone people who continue to reside in the East Bay. We recognize that Berkeley’s residents have and continue to benefit from the use and occupation of this unceded stolen land since the City of Berkeley’s incorporation in 1878. As stewards of the laws regulating the City of Berkeley, it is not only vital that we recognize the history of this land, but also recognize that the Ohlone people are present members of Berkeley and other East Bay communities today. The City of Berkeley will continue to build relationships with the Lisjan Tribe and to create meaningful actions that uphold the intention of this land acknowledgement.

Ceremonial Matters:

1. 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.

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Consent Calendar
Tuesday, March 10, 2026 MINUTES Page 3
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.

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Consent Calendar
Tuesday, March 10, 2026 MINUTES Page 4

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.

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Consent Calendar
Tuesday, March 10, 2026 MINUTES Page 5

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.

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Council Consent Items
Tuesday, March 10, 2026 MINUTES Page 6

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.

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Council Consent Items
Tuesday, March 10, 2026 MINUTES Page 7

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.

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Council Consent Items
Tuesday, March 10, 2026 MINUTES Page 8

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.

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Action Calendar – Public Hearings
Tuesday, March 10, 2026 MINUTES 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.

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Action Calendar – Public Hearings
Tuesday, March 10, 2026 MINUTES 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.

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Action Calendar – Public Hearings
Tuesday, March 10, 2026 MINUTES 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.

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Tuesday, March 10, 2026 MINUTES 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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Tuesday, March 10, 2026 MINUTES Page 13
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.

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Action Calendar – Old Business
Tuesday, March 10, 2026 MINUTES Page 14

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.

I hereby certify that the foregoing is a true and correct record of the regular meeting of March 10, 2026 as approved by the Berkeley City Council. __________________________________
Mark Numainville, City Clerk
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

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Tuesday, March 10, 2026 MINUTES Page 15

10.Zan Turner

11.Margot Smith (2)

12.Allison Baxter

13.Nish Parker

14.Deborah Cohan
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

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Tuesday, March 10, 2026 MINUTES Page 16
2109 Virginia

33.Gregory Kalkanis
Hopkins Street

34.David Gilbert
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

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Tuesday, March 10, 2026 MINUTES Page 17

52.Linda Currie
Parking Permits

53.Cristina Estrada
RV Concerns

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

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Tuesday, March 10, 2026 MINUTES Page 18

70.Berkeley Art Center
I-580 Truck Ban

71.Nate Miley

72.Brandy Olson

73.Shannon Rogers

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

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Tuesday, March 10, 2026 MINUTES Page 19
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
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

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Tuesday, March 10, 2026 MINUTES Page 20
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

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Monday, March 16, 2026 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, MARCH 16, 2026
3:00 P.M.
2180 MILVIA STREET, BERKELEY, CA 94704
TELECONFERENCE LOCATION – 1619 EDITH STREET, BERKELEY CA 94703 TELECONFERENCE LOCATION – 2928 LINDEN AVENUE, BERKELEY CA 94705

ADENA ISHII, MAYOR
Councilmembers:

DISTRICT 1 – RASHI KESARWANI DISTRICT 5 – SHOSHANA O’KEEFE DISTRICT 2 – TERRY TAPLIN DISTRICT 6 – BRENT BLACKABY
DISTRICT 3 – BEN BARTLETT DISTRICT 7 – CECILIA LUNAPARRA DISTRICT 4 – IGOR TREGUB DISTRICT 8 – MARK HUMBERT
This meeting will be conducted in a hybrid model with both in-person and virtual attendance. Attend this meeting remotely using Zoom. To request to speak, use the “raise hand” function in Zoom. To join by phone: Dial 1-669- 254-5252 or 1-833-568-8864 (Toll Free) and enter Meeting ID: 161 057 6705. To provide public comment, Press *9 and wait to be recognized by the Chair. To submit a written communication for the public record, email [email protected].

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

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

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

Attachment 5

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Monday, March 16, 2026 MINUTES Page 2
Preliminary Matters
Roll Call: 3:06 p.m.

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

Absent: Kesarwani, Bartlett
Councilmember Kesarwani present at 3:42 p.m.

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

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

1. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(2)
a. WCAB Matter –# ADJ17101925; BER2300091
Action: M/S/C (Blackaby/Tregub) to authorize the City Manager to settle by Compromise and Release with open future medical care, as to a workers’ compensation matter assigned claim number BER2300091 and WCAB case number ADJ17101925.

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

2. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(2)
a. WCAB Matter –# ADJ18386036; BER2400044
Action: M/S/C (Tregub/Blackaby) to authorize the City Manager to settle by Compromise and Release with a release of future medical care, or in the alternative, by Stipulations with Request for Award with open future medical care, as to a workers’ compensation matter assigned claim number BER2400044 and WCAB case number ADJ18386036.

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

3. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(1)
a. Rio Tanori-Dias v. City of Berkeley, Alameda County Superior Court Case No. 25CV125652
Action: No reportable action taken.

4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTIONS 54956.8:

Property Address: 1631 5 th St., Berkeley CA
Agency Negotiators: Paul Buddenhagen, David White, Eleanor Hollander, City of Berkeley, City Manager’s Office
Negotiating Parties: City of Berkeley and Rebuilding Together and Wadlund+ Design Studio
Property Owner: City of Berkeley
Under Negotiation: Sale/Property Transfer Price and Terms Action: No reportable action taken.

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Monday, March 16, 2026 MINUTES Page 3

5. CONFERENCE WITH LABOR NEGOTIATORS; GOVERNMENT CODE SECTION 54957.6 Negotiators: Paul Buddenhagen, City Manager, David White, Deputy City Manager, Maricar Dupaya Budget Manager, Janelle Rodrigues, Human Resources Director, Monica Walker, Human Resources Manager
Employee Organizations: Berkeley Fire Fighters Association Local 1227 I.A.F.F., Berkeley Chief Fire Officers Association Local 1227 I.A.F.F., Berkeley Fire EMS Professionals Association, Berkeley Police Association; SEIU 1021 Community Services and Part-Time Recreation Activity Leaders, SEIU 1021 Maintenance and Clerical, IBEW Local 1245, Public Employee Union Local 1, Unrepresented Employees
Action: No reportable action taken.

OPEN SESSION:

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

The City Council met in closed session on March 16, 2026, Pursuant to Government Code Section 54956.9(d)(2) and provided directions to outside counsel and approved a settlement by Compromise and Release with open future medical care, as to a workers’ compensation matter assigned claim number BER2300091 and WCAB case number ADJ17101925.

The City Council met in closed session on March 16, 2026, Pursuant to Government Code Section 54956.9(d)(2) and provided directions to outside counsel and approved a settlement by Compromise and Release with a release of future medical care, or in the alternative, by Stipulations with Request for Award with open future medical care, as to a workers’ compensation matter assigned claim number BER2400044 and WCAB case number ADJ18386036.

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

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

Adjourned at 4:59 p.m.

I hereby certify that the foregoing is a true and correct record of the closed session meeting of the City Council held on March 16, 2026.
_________________________
Mark Numainville, City Clerk

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Tuesday, March 17, 2026 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, March 17, 2026
6:00 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702 TELECONFERENCE LOCATION - 2928 LINDEN AVENUE, BERKELEY, CA 94705

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: 160 015 7557. To provide public comment, Press *9 and wait to be recognized by the Chair. To submit a written communication for the public record, email [email protected].

Live captioned broadcasts of Council meetings are available on B-TV (Channel 33) and via internet video stream.

All Council meetings are recorded.

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

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

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

Attachment 6

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Tuesday, March 17, 2026 MINUTES Page 2
Preliminary Matters
Roll Call: 6:07 p.m.

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

Absent: Bartlett
Councilmember Bartlett present at 6:24 p.m.

Action Calendar – New Business

1. Presentation and Discussion of Community Survey Results and Direction Regarding Potential Ballot Measures for the November 3, 2026, General Municipal Election
From: City Manager
Recommendation: Review the results of the community survey and provide direction to the City Manager and City Attorney regarding potential ballot measures for the November 3, 2026, General Municipal Election, including whether to:

1. Direct the City Manager and City Attorney to prepare draft ballot language for a potential $300 million General Obligation bond measure for the November 3, 2026, ballot to fund priority infrastructure investments, consistent with the results of the community survey and input received from the City Council at the March 17, 2026, work session;

2. Direct the City Manager and City Attorney to prepare draft ballot language for a potential 0.5 percent increase in the City’s sales and use tax for the November 3, 2026, ballot to address the City’s projected General Fund structural deficit and support essential City services; and

3. Authorize the City Manager to conduct a second community survey of likely Berkeley voters to test refined ballot language for a potential $300 million General Obligation bond and a 0.5 percent increase in the sales and use tax in the context of the anticipated November 2026 ballot environment.

Financial Implications: See report
Contact: David White, City Manager's Office, (510) 981-7000 Action: 29 speakers. Presentation made and discussion held. M/S/C (Ishii/Taplin) to approve the recommendation.

Vote: All Ayes.

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

Vote: All Ayes.

Adjourned at 8:43 p.m.

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Tuesday, March 17, 2026 MINUTES Page 3
I hereby certify that the foregoing is a true and correct record of the City Council special meeting held on March 17, 2026.
_________________________
Mark Numainville, City Clerk
Communications
 None
Supplemental Communications and Reports 1
 None
Supplemental Communications and Reports 2
Item #1: Presentation and Discussion of Community Survey Results and Direction Regarding Potential Ballot Measures for the November 3, 2026, General Municipal Election

1. Daniel Tahara
Supplemental Communications and Reports 3
Item #1: Presentation and Discussion of Community Survey Results and Direction Regarding Potential Ballot Measures for the November 3, 2026, General Municipal Election

2. Presentation submitted by the City Manager’s Office

3. Nancy Schimmel

4. Lisa Bullwinkel

5. Lisa Bruce

6. Tania Schwartz

7. Ann Harlow, Leila Moncharsh, and Michael Scharff

8. Tawny Reynolds

9. Ann Harlow

10.Summer Brenner

11.Burl Willes

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Tuesday, March 24, 2026 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, March 24, 2026
4:00 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: 161 845 7872. To provide public comment, Press *9 and wait to be recognized by the Chair. To submit a written communication for the public record, email [email protected].

Live captioned broadcasts of Council meetings are available on B-TV (Channel 33) and via internet video stream.

All Council meetings are recorded.

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

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

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

Attachment 7

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Tuesday, March 24, 2026 MINUTES Page 2
Preliminary Matters
Roll Call: 4:04 p.m.

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

Absent: Kesarwani, Taplin, Bartlett
Councilmember Kesarwani present at 4:12 p.m.

Councilmember Bartlett present at 4:22 p.m.

Councilmember Taplin present at 4:46 p.m.

Worksession

1. 2025 Berkeley Police Department Annual Report
From: City Manager
Contact: Jennifer Louis, Police, (510) 981-5900
Action: 11 speakers. Presentation made and discussion held.

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

Vote: All Ayes.

Adjourned at 6:02 p.m.

I hereby certify that the foregoing is a true and correct record of the City Council special meeting held on March 24, 2026.
_________________________
Mark Numainville, City Clerk
Communications
 None
Supplemental Communications and Reports 1
 None
Supplemental Communications and Reports 2
 None
Supplemental Communications and Reports 3
Item #1: 2025 Berkeley Police Department Annual Report

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Tuesday, March 24, 2026 MINUTES Page 3

1. Presentation submitted by the Police Department

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Tuesday, March 24, 2026 MINUTES Page 1

MINUTES

BERKELEY CITY COUNCIL MEETING
Tuesday, March 24, 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: 161 845 7872. To provide public comment, Press *9 and wait to be recognized by the Chair. To submit a written communication for the public record, email [email protected].

Live captioned broadcasts of Council meetings are available on B-TV (Channel 33) and via internet video stream.

All Council meetings are recorded.

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

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

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

Attachment 8

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Tuesday, March 24, 2026 MINUTES Page 2
Preliminary Matters
Roll Call: 6:24 p.m.

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

Absent: None
Report on Litigation
With respect to Information Item Number 27 regarding the settlement between Berkeley People’s Alliance and the City in Alameda County Superior Court Case No. 24CV064980; Cal. Court of Appeal Case No. A172245, the City Council hereby commits, consistent with the Court of Appeal’s ruling, to no longer invoke Government Code Section 54957.9, as it is currently drafted, to recess a meeting and reconvene it in a different room or otherwise relocate the meeting.

Report from Closed Session
The City Council met in closed session on March 16, 2026, Pursuant to Government Code Section 54956.9(d) and provided directions to outside counsel and approved a settlement by Compromise and Release with open future medical care, as to a workers’ compensation matter assigned claim number BER2300091 and WCAB case number ADJ17101925.

The City Council met in closed session on March 16, 2026, Pursuant to Government Code Section 54956.9(d) and provided directions to outside counsel and approved a settlement by Compromise and Release with a release of future medical care, or in the alternative, by Stipulations with Request for Award with open future medical care, as to a workers’ compensation matter assigned claim number BER2400044 and WCAB case number ADJ18386036.

Ceremonial Matters:

1. Adjourned in Memory of Marcia Poole, Community Activist

2. Recognition of Holocaust Remembrance Day

3. Adjourned in Memory of Elaine Williams Bloom, Community Activist City Manager Comments:

1. The City Manager removed Item 13 from the Agenda.

2. The City Manager requested that Item 16 be adopted as a budget referral due to cost implications.

City Auditor Comments:

The City Auditor provided a presentation on the Whistleblower investigation regarding the purchase of an ambulance (Item 18).

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Tuesday, March 24, 2026 MINUTES Page 3
Public Comment on Non-Agenda Matters: 10 speakers.

Action: M/S/C (Kesarwani/Bartlett) to accept an urgency item from Councilmember Kesarwani pursuant to Government Code Section 54954.2(b)(2) entitled Referral to the Parks, Recreation and Waterfront Commission to officially Rename Cesar Chavez Park.

Item added to Action Calendar. Councilmembers Taplin, Bartlett, and Blackaby added as co-sponsors.

Vote: All Ayes.

Public Comment on Consent Calendar and Information Items Only: 23 speakers.

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

Vote: All Ayes.

Consent Calendar

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
From: City Manager
Recommendation: Adopt the second reading of Ordinance No. 8,003-N.S. 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.

First Reading Vote: All Ayes.

Financial Implications: None
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: Adopted second reading of Ordinance No. 8,003–N.S.

2. 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: Adopt the second reading of Ordinance No. 8,004-N.S. amending the Berkeley Election Reform Act, BMC Chapter 2.12.

First Reading Vote: All Ayes.

Financial Implications: None
Contact: Sam Harvey, Commission Secretary, (510) 981-6950 Action: Adopted second reading of Ordinance No. 8,004–N.S.

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Tuesday, March 24, 2026 MINUTES Page 4

3. Minutes for Approval
From: City Manager
Recommendation: Approve the minutes for the Council meetings of February 9, 2026 (closed), February 10, 2026 (special and regular), February 23, 2026 (closed and special), and February 24, 2026 (special and regular).

Financial Implications: None
Contact: Mark Numainville, City Clerk, (510) 981-6900
Action: Approved the minutes as submitted.

4. Revenue Grant Agreements: Funding Support from Alameda County to Conduct Public Health Services
From: City Manager
Recommendation: Adopt three Resolutions authorizing the City Manager or designee to submit grant agreements to Alameda County, to accept the grants, and execute any resultant revenue agreements and amendments to conduct public health promotion, protection, and prevention services for the following three revenue agreements:

1. Berkeley High School and Berkeley Technology Academy Health Center Programs in the projected amount of $183,918 for Fiscal Year 2027.

2. School Linked Health Services Program (Measure A Funding) in the projected amount of $200,011 for Fiscal Year 2027.

3. Tobacco Prevention Program in the projected amount of $81,329 for Fiscal Year 2027.

Financial Implications: See report
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5100 Action: Adopted Resolution No. 72,161–N.S. (Berkeley High), Resolution No. 72,162–N.S. (School Linked), Resolution No. 72,163–N.S. (Tobacco Prevention).

5. Rescinding Resolution No. 65,945–N.S. and Establishing the Behavioral Health Commission in Compliance with the Behavioral Health Services Act (SB 326) From: City Manager
Recommendation: Adopt a Resolution rescinding Resolution No. 65,945–N.S. and establishing the Behavioral Health Commission. This action updates the Commission’s enabling legislation to comply with the State of California’s Behavioral Health Services Act (SB 326), integrates substance use disorder oversight, and formally dissolves the joint commission agreement with the City of Albany.

Financial Implications: None.

Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5100 Action: Adopted Resolution No. 72,164–N.S.

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6. Approving Publicly Available Pay Schedule
From: City Manager
Recommendation: Adopt a Resolution approving a publicly available pay schedule effective March 24, 2026, pursuant to the Public Employee’s Retirement Law (PERL), Public Employees’ Pension Reform Act of 2013 (PEPRA), and Title 2 of the California Code of Regulations (CCR).

Financial Implications: None
Contact: Janelle Rodrigues, Human Resources, (510) 981-6800 Action: Adopted Resolution No. 72,165–N.S.

7. Mills Act Contract – 2845 Woolsey Street
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to enter into a Mills Act contract with Michael Pearson and Annette Blum Pearson for the maintenance and restoration of a City Landmark property at 2845 Woolsey Street.

Financial Implications: See report
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: Moved to Action Calendar. 3 speakers. M/S/C (Lunaparra/Blackaby) to continue the item to April 14, 2026.

Vote: All Ayes.

8. Mills Act Contract – 21 Mosswood Road
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to enter into a Mills Act contract with Isaac Warshauer and Laura Veit for the maintenance and restoration of a City Landmark property at 21 Mosswood Road.

Financial Implications: See report
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: Adopted Resolution No. 72,166–N.S.

9. Contract No. 32400052 Amendment: Berry Brothers Towing and Transport Inc.

From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract amendment with Berry Brothers, Contract No. 32400052, to extend the existing capacity to perform towing services from $50,000 to an amount not to exceed $100,000 from November 1, 2023, through October 31, 2027.

Financial Implications: See report
Contact: Jennifer Louis, Police, (510) 981-5900
Action: Adopted Resolution No. 72,167–N.S.

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Consent Calendar
Tuesday, March 24, 2026 MINUTES Page 6

10. Contract: Lehr Upfitters OPCO dba Lehr Auto for Police Vehicle Supplies, Equipment, and Installation Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract with Lehr Upfitters dba Lehr Auto for Police vehicle supplies, equipment, and installation services, in an amount not to exceed $1,500,000, for a period of April 1, 2026, through June 30, 2029.

Financial Implications: See report
Contact: Wahid Amiri, Public Works, (510) 981-6300
Action: Adopted Resolution No. 72,168–N.S.

11. Contract: Peterson Trucks, Inc. for Heavy Duty Vehicle Parts and Service From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract with Peterson Trucks, Inc. for heavy duty vehicle parts and service in an amount not to exceed $300,000 for the term of April 1, 2026, to April 14, 2027, with the option to extend three more years.

Financial Implications: See report
Contact: Wahid Amiri, Public Works, (510) 981-6300
Action: Adopted Resolution No. 72,169–N.S.

12. Contract: Terocons, Inc. for FY 2026 Curb Ramp & Sidewalk Repair Project From: City Manager
Recommendation: Adopt a Resolution approving specifications for the FY 2026 Curb Ramp & Sidewalk Repair Project (Specification No. 26-11764-C), authorizing the City Manager to accept the bid of Terocons, Inc. as the lowest, responsive and responsible bidder and to execute a contract and any amendments, extensions, or other change orders until completion of the FY 2026 Curb Ramp & Sidewalk Repair Project in accordance with the approved specifications in an amount not to exceed $4,207,883.

Financial Implications: $4,207,883 - Various Funds
Contact: Wahid Amiri, Public Works, (510) 981-6300
Action: Adopted Resolution No. 72,170–N.S.

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Consent Calendar
Tuesday, March 24, 2026 MINUTES Page 7

13. Contracts: Pavement and Safety Improvement/Program Management Consulting Services for Measure FF-funded Projects
From: City Manager
Recommendation: Adopt six Resolutions authorizing the City Manager to execute contracts and any amendments with NCE, Pavement Engineering, Inc., Kittleson & Associates, Sanbell, Cordoba Corporation and Mark Thomas for on-call professional services for Measure FF-funded projects for the amounts listed below, each for a period not to exceed three years:

1. NCE for an amount not to exceed $2,500,000

2. Pavement Engineering, Inc. for an amount not to exceed $2,500,000

3. Kittleson & Associates for an amount not to exceed $2,500,000

4. Sanbell for an amount not to exceed $1,800,000

5. Cordoba Corporation for an amount not to exceed $1,500,000

6. Mark Thomas for an amount not to exceed $600,000
Financial Implications: See report
Contact: Wahid Amiri, Public Works, (510) 981-6300
Action: Item removed from the agenda by the City Manager.

14. Contracts: Multi-Disciplinary On-Call Professional Services for Capital Improvement Projects
From: City Manager
Recommendation: Adopt thirty-four Resolutions authorizing the City Manager to execute one or more contracts with the following vendors and the associated not to exceed amounts for on-call civil engineering services for capital improvement projects, for a total contract period of three years:

1. Advanced Mobility Group for an amount not to exceed $500,000

2. AECOM Technical Services, Inc. for an amount not to exceed $1,800,000

3. Alta Planning + Design, Inc. for an amount not to exceed $1,000,000

4. Bureau Veritas North America, Inc. for an amount not to exceed $2,250,000

5. BKF Engineers for an amount not to exceed $1,550,000

6. Coastland DCCM for an amount not to exceed $1,000,000

7. Community Design + Architecture, Inc. for an amount not to exceed $500,000

8. Cornerstone Structural Engineering Group for an amount not to exceed $500,000

9. CSWST2 for an amount not to exceed $1,200,000

10. Dewberry Engineers, Inc. for an amount not to exceed $200,000

11. Diablo Engineering Group for an amount not to exceed $900,000

12. ENGEO Incorporated for an amount not to exceed $350,000

13. Fehr & Peers for an amount not to exceed $1,750,000

14. Geographic Technologies Group, Inc. for an amount not to exceed $500,000

15. GFT Infrastructure, Inc. for an amount not to exceed $950,000

16. GHD, Inc. for an amount not to exceed $500,000

17. Ghirardelli Associates, Inc. for an amount not to exceed $2,250,000

18. HydroScience Engineers, Inc. for an amount not to exceed $1,000,000

19. Kimley-Horn and Associates, Inc. for an amount not to exceed $2,150,000

20. Kittleson & Associates, Inc. for an amount not to exceed $1,000,000

21. LCC Engineering & Surveying, Inc. for an amount not to exceed $1,100,000

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Tuesday, March 24, 2026 MINUTES Page 8

22. Mark Thomas & Company, Inc. for an amount not to exceed $200,000

23. Nelson & Nygard Engineering, Inc. for an amount not to exceed $500,000

24. Ninyo & Moore Geotechnical & Environmental Sciences Consultants for an amount not to exceed $500,000

25. Parametrix for an amount not to exceed $350,000

26. Pavement Engineering, Inc. for an amount not to exceed $1,500,000

27. PEC Water, Inc. for an amount not to exceed $1,000,000

28. Sanbell Bay Area for an amount not to exceed $700,000

29. SCI Consulting Group for an amount not to exceed $500,000

30. Swinerton Management & Consulting for an amount not to exceed $2,250,000.

31. TJKM Transportation Consultants for an amount not to exceed $750,000

32. Toole Design Engineering for an amount not to exceed $500,000

33. Wood Rodgers, Inc. for an amount not to exceed $500,000

34. West Yost for an amount not to exceed $1,000,000
Financial Implications: See report
Contact: Wahid Amiri, Public Works, (510) 981-6300
Action: Adopted 1. Resolution No. 72,171–N.S. (Advanced Mobility), 2. Resolution No. 72,172–N.S. (AECOM), 3. Resolution No. 72,173–N.S. (Alta Planning), 4.

Resolution No. 72,174–N.S. (Bureau Veritas), 5. Resolution No. 72,175–N.S. (BKF Engineers), 6. Resolution No. 72,176–N.S. (Coastland DCCM), 7. Resolution No. 72,177–N.S. (Community Design), 8. Resolution No. 72,178–N.S. (Cornerstone), 9.

Resolution No. 72,179–N.S. (CSWST2), 10. Resolution No. 72,180–N.S. (Dewberry Engineers), 11. Resolution No. 72,181–N.S. (Diablo Engineering), 12. Resolution No. 72,182–N.S. (ENGEO), 13. Resolution No. 72,183–N.S. (Fehr & Peers), 14.

Resolution No. 72,184–N.S. (Geographic Technologies), 15. Resolution No. 72,185– N.S. (GFT Infrastructure), 16. Resolution No. 72,186–N.S. (GHD, Inc.), 17.

Resolution No. 72,187–N.S. (Ghirardelli), 18. Resolution No. 72,188–N.S. (HydroScience), 19. Resolution No. 72,189–N.S. (Kimley-Horn), 20. Resolution No. 72,190–N.S. (Kittleson), 21. Resolution No. 72,191–N.S. (LCC Engineering), 22.

Resolution No. 72,192–N.S. (Mark Thomas), 23. Resolution No. 72,193–N.S. (Nelson & Nygard), 24. Resolution No. 72,194–N.S. (Ninyo & Moore), 25. Resolution No. 72,195–N.S. (Parametrix), 26. Resolution No. 72,196–N.S. (Pavement Engineering), 27. Resolution No. 72,197–N.S. (PEC Water), 28. Resolution No. 72,198–N.S. (Sanbell), 29. Resolution No. 72,199–N.S. (SCI Consulting), 30.

Resolution No. 72,200–N.S. (Swinerton), 31. Resolution No. 72,201–N.S. (TJKM Transportation), 32. Resolution No. 72,202–N.S. (Toole Design), 33. Resolution No. 72,203–N.S. (Wood Rodgers), 34. Resolution No. 72,204–N.S. (West Yost).

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Consent Calendar
Tuesday, March 24, 2026 MINUTES Page 9

15. Reappointment of Edward Opton to the Mental Health Commission From: Mental Health Commission
Recommendation: Adopt a Resolution approving the re-appointment of Edward Opton as a representative of the general public interest category, for his second term ending January 21, 2026, and to start his third term beginning March 25, 2026, to March 24, 2029.

Financial Implications: None.

Contact: Jamie Works-Wright, Commission Secretary, (510) 981-5100 Action: Adopted Resolution No. 72,205–N.S.

16. Develop an educational event for the Berkeley Community to increase awareness of impacts of the Alien Enemies Act
From: Peace and Justice Commission
Recommendation: Consistent with the City of Berkeley's stance as a sanctuary city for immigrants safeguarding their due process rights, the Peace and Justice Commission recommends that given that during the third invocation of the Alien Enemies Act (the Act has only been invoked three times prior to this year, during the War of 1812, World War I, and World War II), Japanese residents of the Berkeley community, survivors and their ancestors, were harmed by the invocation of the act during World War II in which persons of Japanese, Italian and German ancestry, primarily in coastal areas but also in Berkeley, and were transported and interned in U.S. camps, including in California, that Council refer to the City Manager to refer to the appropriate department or division to develop an educational event, whether a panel of speakers, a film, a play or some combination of these, for the Berkeley community so that the broader community can be made aware of the impact of the Alien Enemies Act and its impact on Berkeley community members during World War II. Such event shall be free of charge and well-promoted.

Financial Implications: See report
Contact: Tasha Tervalon, Commission Secretary, (510) 981-7000 Action: Recommendation referred to the budget process for consideration.

17. Re-affirm City of Berkeley Commitment to Free Speech From: Peace and Justice Commission
Recommendation: Adopt this recommendation re-affirming the City of Berkeley’s commitment to Free Speech and Assembly and its opposition to the detainment and deportation of immigrants without due process, violating their constitutionally protected speech.

Financial Implications: See report
Contact: Tasha Tervalon, Commission Secretary, (510) 981-7000 Action: Approved recommendation.

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18. Whistleblower Investigation Report on Ambulance Purchase From: Auditor
Recommendation: We recommend that City Council receive this report and request the City Manager to implement corrective actions in response to the recommendations. The report recommends clarifying procurement roles, formalizing escalation and notification expectations when required steps are bypassed, providing targeted training, reinforcing compliance expectations, and establishing clearer communication to City Council when purchasing requirements are not followed.

Financial Implications: None
Contact: Jenny Wong, Auditor, (510) 981-6750
Action: Approved recommendation.

Council Consent Items

19. 2026 Holocaust Remembrance Day Program: Relinquishment of Council Office Budget Funds from General Funds and Grant of Such Funds From: Councilmember Taplin (Author), Councilmember Tregub (Author), Mayor Ishii (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 Councilmember Taplin, Councilmember Tregub, Councilmember Blackaby, and Mayor Ishii, to support the City’s Annual Holocaust Remembrance Day program with funds relinquished to the City’s general fund. The relinquishment of funds from the discretionary Council Office Budget of all Councilmembers who would like to contribute, allows the City of Berkeley to invite the community to its 23rd Annual Holocaust Remembrance Day program, created by the community with City Council support. This year’s program will be held on April 12th, 2026, at the Magnes Collection of Jewish Life and History in Berkeley’s downtown. Registration via Eventbrite is required to attend.

Financial Implications: See report
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120 Action: Adopted Resolution No. 72,206–N.S. amended to include contributions from the following Councilmembers up to the amounts listed: Councilmember Blackaby - $500; Councilmember Bartlett - $200; Councilmember O’Keefe - $250; Councilmember Humbert - $500; Councilmember Lunaparra - $250; Councilmember Kesarwani - $250.

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Council Consent Items
Tuesday, March 24, 2026 MINUTES Page 11

20. Referral to the City Manager: Banning the Sale and Use of Glue Traps From: Councilmember Tregub (Author), Councilmember Taplin (Author), Councilmember Humbert (Co-Sponsor)
Recommendation: Refer to the City Manager to ban glue traps within City of Berkeley limits, including the use by any individual or organization and sale of glue traps and require posted notice of municipal code changes in all stores selling rodent traps.

Financial Implications: Staff time
Contact: Igor Tregub, Councilmember, District 4, (510) 981-7140 Action: Councilmember O’Keefe added as a co-sponsor. Approved recommendation amended to include “Explore a narrow exemption for options of use for invertebrate pest control and scientific research and potential implications thereof.”

21. Letter of Gratitude to the Metropolitan Transportation Commission for their Support of Full Implementation of a Strong Transit-Oriented Communities Policy
From: Councilmember Tregub (Author), Mayor Ishii (Co-Sponsor), Councilmember Lunaparra (Co-Sponsor), Councilmember Taplin (Co-Sponsor) Recommendation: Submit a letter of gratitude to the Metropolitan Transportation Commission (MTC) recognizing the full adoption and implementation of a strong and enforceable Transit-Oriented Communities (TOC) Policy.

Financial Implications: Staff time
Contact: Igor Tregub, Councilmember, District 4, (510) 981-7140 Action: Approved recommendation.

22. Berkeley High School National Society of Black Engineers Junior Chapter:

Relinquishment of Council Office Budget Funds to the General Fund and Grant of Such Funds
From: Councilmember O'Keefe (Author), Councilmember Taplin (Co-Sponsor), Councilmember Blackaby (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 Councilmember Shoshana O’Keefe’s discretionary fund and funds from any other Councilmembers who would like to contribute, to the Berkeley High School National Society of Black Engineers Junior Chapter to support its ongoing work to engage and empower students through STEM education, mentorship, leadership development, and community building.

Financial Implications: See report
Contact: Shoshana O'Keefe, Councilmember, District 5, (510) 981-7150 Action: Adopted Resolution No. 72,207–N.S. amended to include contributions from the following Councilmembers up to the amounts listed: Councilmember Tregub - $150; Councilmember Blackaby - $250; Councilmember Bartlett - $200; Councilmember Humbert - $250; Councilmember Lunaparra - $150; Councilmember Taplin - $250; Councilmember Kesarwani - $150.

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Council Consent Items
Tuesday, March 24, 2026 MINUTES Page 12

23. Make Music Day: Relinquishment of Council Office Budget Funds to the General Fund and Grant of Such Funds
From: Councilmember O'Keefe (Author), Councilmember Tregub (Co-Sponsor), Mayor Ishii (Co-Sponsor), Councilmember Taplin (Co-Sponsor) Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $500 per Councilmember from the discretionary office budgets of any Councilmembers who would like to contribute – including $500 from Councilmember Shoshana O’Keefe, $250 from Councilmember Igor Tregub, and $250 from Mayor Adena Ishii – to the Downtown Berkeley Association to support Berkeley’s first annual Make Music Day on June 21, 2026, with funds relinquished to the City’s general fund for this purpose.

Financial Implications: See report
Contact: Shoshana O'Keefe, Councilmember, District 5, (510) 981-7150 Action: Adopted Resolution No. 72,208–N.S. amended to include contributions from the following Councilmembers up to the amounts listed: Councilmember Blackaby - $250; Councilmember Bartlett - $200; Councilmember Humbert - $250; Councilmember Lunaparra - $150; Councilmember Taplin - $250; Councilmember Kesarwani - $100.

24. Berkeley Public Schools Fund Spring Luncheon 2026: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Fund From: Councilmember Blackaby (Author), Mayor Ishii (Co-Sponsor) Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $500 per Councilmember including $500 from Councilmember Blackaby and $500 from Mayor Ishii for the Berkeley Public Schools Fund with funds relinquished to the City’s general fund for this purpose from the discretionary Council Office Budgets of Councilmember Blackaby, Mayor Ishii and any other Councilmembers who would like to contribute.

Financial Implications: See report
Contact: Brent Blackaby, Councilmember, District 6, (510) 981-7160 Action: Councilmember O’Keefe added as a co-sponsor. Adopted Resolution No. 72,209–N.S. amended to include contributions from the following Councilmembers up to the amounts listed: Councilmember Tregub - $150; Councilmember Bartlett - $200; Councilmember O’Keefe - $250; Councilmember Humbert - $250; Councilmember Lunaparra - $150; Councilmember Taplin - $250; Councilmember Kesarwani - $100.

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Council Action Items
Tuesday, March 24, 2026 MINUTES Page 13
Urgent Item: Referral to the Parks, Recreation and Waterfront Commission to officially Rename Cesar Chavez Park for Dolores Huerta, Co-Founder of the United Farm Workers (UFW) and Feminist Advocate
From: Councilmember Rashi Kesarwani
Recommendation: Refer to the Parks, Recreation and Waterfront Commission to officially rename Cesar Chavez Park for Dolores Huerta, co-founder of the United Farm Workers (UFW) and advocate for women in honor of her outstanding service to communities throughout California and nationwide.

And further, direct the City Manager to remove all signage bearing the name Cesar Chavez from park property as soon as practicable.

Financial Implications: See report
Contact: Rashi Kesarwani, Councilmember, District 1, (510) 981-7110 Action: 1 speaker. Councilmembers Taplin, Bartlett, and Blackaby added as co- sponsors. M/S/C (Kesarwani/Blackaby) to approve the recommendation revised to read as noted below.

Refer to the Parks, Recreation and Waterfront Commission to officially rename Cesar Chavez Park. This referral to the Parks Commission initiates a community process which should incorporate feedback from the Commemorative Committee (which initiated the first renaming process of the park in 1994) as well as input from other community members and stakeholders. We recommend that Dolores Huerta be among the options considered for renaming.

And further, direct the City Manager to remove or cover all signage bearing the name Cesar Chavez from park property as soon as practicable while leaving intact signage related to directions and park rules.

Vote: All Ayes.

25. Adopt a Resolution Authorizing Temporary Employment of Retired Annuitant Kathy Lee as Interim Director of Police Accountability
From: Mayor Ishii (Author)
Recommendation: Adopt a Resolution authorizing the appointment of Kathy Lee as a retired annuitant to serve as Interim Director of Police Accountability pursuant to Government Code Sections 21221(h) and 7522.56 and the Mayor to execute the attached employment agreement establishing an hourly rate of $122.44, consistent with the publicly approved pay schedule for the Director of Police Accountability, with no additional benefits, per CalPERS rules for retired annuitants.

Financial Implications: See report
Contact: Adena Ishii, Mayor, (510) 981-7100
Action: 13 speakers. M/S/C (Ishii/Blackaby) to adopt Resolution No. 72,210–N.S.

Vote: All Ayes.

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Action Calendar – New Business
Tuesday, March 24, 2026 MINUTES Page 14

26. Public Safety Technology: Surveillance Technology Ordinance and Police Equipment Ordinance Approvals, Policy Updates, and Contract Authority From: City Manager
Recommendation: Adopt a Resolution authorizing the following actions:

Surveillance Technology Ordinance (BMC 2.99)

1. Accept the Surveillance Acquisition Report and approve the Surveillance Use Policy for the Unmanned Aerial Systems (UAS) program.

2. Accept the Surveillance Acquisition Report and approve the Surveillance Use Policy for Community Video Streams.

3. Approve updated Surveillance Use Policies for fixed video cameras, reflecting Council-directed revisions to previously approved technology.

Police Equipment Ordinance (BMC 2.100)

4. Accept the Police Equipment Impact Statement and approve the Police Equipment Use Policy for UAS.

Contract Authority

5. Authorize the City Manager to amend the existing contract with Flock Safety to add Drone as First Responder (DFR) hardware, software, and services for an initial three-year term, in an amount not to exceed $750,000.

6. Authorize the City Manager to amend the existing contract with Flock Safety to add Condor PTZ fixed surveillance cameras for an initial four-year term, in an amount not to exceed $310,000, with an option to extend for one additional three- year term, for a total not to exceed $600,000.

7. Authorize the City Manager to amend the existing contract with Flock Safety to add Flock Nova investigative software for a one-year term, in an amount not to exceed $75,000, funded by the Byrne State Crisis Intervention Program (SCIP) grant previously accepted by Council on July 29, 2025.

8. Authorize the City Manager to amend the existing contract with Flock Safety to renew Automated License Plate Readers (ALPRs) for a two-year term, in an amount not to exceed $330,000, with an option to extend for an additional two-year term, for a total not to exceed $660,000.

Financial Implications: See report
Contact: Jennifer Louis, Police, (510) 981-5900
Action: M/S/C (Bartlett/Tregub) to accept revised materials from Councilmember Bartlett on Item 26.

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

Action: M/S/C (Blackaby/Tregub) to suspend the rules and extend the meeting to 1:30 a.m.

Vote: All Ayes.

Action: M/S/Failed (Humbert/Kesarwani) to suspend the rules and extend the meeting to 2:00 a.m.

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

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Action Calendar – New Business
Tuesday, March 24, 2026 MINUTES Page 15
Action: 132 speakers. M/S/C (Lunaparra/Taplin) to continue Item 26 to a special meeting on June 2, 2026.

Vote: All Ayes.

Information Reports

27. Settlement Agreement – 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
From: City Attorney
Contact: Farimah Brown, City Attorney, (510) 981-6950
Action: Received and filed.

Public Comment – Items Not Listed on the Agenda - 0 speakers.

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

Vote: All Ayes.

Adjourned at 1:27 a.m.

I hereby certify that the foregoing is a true and correct record of the City Council regular meeting held on March 24, 2026.
_________________________
Mark Numainville, City Clerk
Communications
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

1. Brianna Morales on behalf of the Housing Coalition
Item #18: Whistleblower Investigation Report on Ambulance Purchase

2. Dorothea Dorenz
Item #26: Public Safety Technology: Surveillance Technology Ordinance and Police Equipment Ordinance Approvals, Policy Updates, and Contract Authority

3. Jesse Rosemoore

4. Laura Preuss

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Tuesday, March 24, 2026 MINUTES Page 16

5. Zipporah Collins

6. Kelly Hammargren

7. Artemisia Spencer Mace on behalf of Councilmember Ben Bartlett

8. Kamala Visweswaran

9. Tobias Smith

10.Maryann Osullivan

11.Lanny Devuono

12.Margot Smith

13.Wendy Alfsen and Barb Atwell

14.Steve Tracy

15.9 Similarly worded form letters “I am writing to urge you to oppose…” Billboards

16.Stephanie Tran
Upzoning

17.John Duffy Tillman

18.Candace Taira

19.ReCheng Tsang

20.Melanie Lawrence & John Smail

21.Susie Zukor (2)

22.Marguerite Talley

23.Crystal Brunzell

24.Judith Bebelaar

25.Elissa Kittner

26.Jane Maxwell

27.Kate Pocrass

28.Anne Boersma

29.Kayla Feder

30.Janet Stromberg

31.Margot Smith (2)

32.Catherine Durand

33.Elke Glendenning

34.Vicki
Bike Lanes on Hopkins

35.Phyllis Orrick

36.Dewayne Cecil
Save the Date

37.John Craner
2425 Durant Ave

38.Gregory Kalkanis
Affordable Housing

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Tuesday, March 24, 2026 MINUTES Page 17

39.Julie Chervin

40.Stephen Alpert (4)

41.Janet Stromberg
2190 Shattuck Ave

42.Alex Sathler
Berkeley Albany Little League

43.Frank Knowles
ADA Concerns

44.Jon Ruel Holder II (2)
Sanctuary Cities

45.Peter Yeung
Police Dogs

46.Margot Smith
Thursday Market

47.Kathleen Krier
Tear Gas Concerns

48.Margot Smith

49.Moni Law
Parking Survey

50.Glenn Alex

51.Barbara Gilbert
Restaurant Inspection Audit

52.David Lerman
Proposed Fire Code Modification

53.Ben Gerhardstein (3)

54.David Sprague (2)
Gap of Bollards

55.Shirley Kirsten (2)
Zone Zero and Water Hose

56.Krista Denton
Kala Bagai Way

57.Guneeta Singh Bhalla

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Tuesday, March 24, 2026 MINUTES Page 18
Men’s World Cup

58.Jeffrey Church
New Star Street Fair

59.Sofia Naranjo (2)
Persian New Year Invitation

60.Jacob Cohen on behalf of The Persian Center
Harrison Street

61.John Waters
Special Assessments

62.Jamila Dunn
Joy of Cooking

63.Oona Garthwaite
Labor Dispute Concern

64.Julie Guilfoy
AC Transit Driver

65.Janie Mansfield
BESO

66.Megan Enright
EMBER

67.Margot Murtaugh
California Department of Insurance

68.Sharon Smith
Performance Metrics/Outcomes

69.Steve Kromer
World Cities Summit 2026 Invite

70.Hugh Lim
Hillegass and Ashby

71.Jim Thornton
Overnight Construction Concerns

72.Matt Weber (2)

73.Jen Loy

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Tuesday, March 24, 2026 MINUTES Page 19
URLs

74.Fred Dodsworth

75.John J. Parman

76.Russbumper (2)
Newsletters

77.Berkeley Art Center

78.Shelbi Walker

79.Downtown Berkeley Association

80.Russbumper
Forwards

81.Russbumper (3)
E-Scooters

82.Robert Borghese (9)

83.Carson Lepre (6)

84.Lime Virtual Ride Expert
Supplemental Communications and Reports 1
Item #18: Whistleblower Investigation Report on Ambulance Purchase

85.A Protected Whistleblower
Item #26: Public Safety Technology: Surveillance Technology Ordinance and Police Equipment Ordinance Approvals, Policy Updates, and Contract Authority

86.Gregory Kalkanis

87.Justin Weber-Stover

88.Morgan Presley

89.Jackie Patterson Brenner

90.Steve Kanofsky

91.Leonard Pitt (2)

92.Maryann O’Sullivan

93.Jose Vilar

94.James Angus

95.Cheryl Flippen

96.Liz Christiano

97.Jan Scantlebury

98.Wilson Conn

99.Tobey M. Weibe
100. Margot Smith (3)
101. George Perezvelez
102. Sierra Zephyr
103. Anna vB
104. Charlene M. Woodcock
105. Rachel Bradley
106. Deborah Abraham

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Tuesday, March 24, 2026 MINUTES Page 20
107. Summer Brenner
108. Russbumper
109. Ruth Rogow
110. Janice Murota
111. Bernard Marszalek
112. Grantsthompson
113. Jesse Rosemoore
114. 11 Similarly worded form letters “Flock markets itself…” 115. 45 Similarly worded form letters “The data that is being collected…” Supplemental Communications and Reports 2
Urgent Item: Referral to the Parks, Recreation and Waterfront Commission to officially Rename Cesar Chavez Park for Dolores Huerta, Co-Founder of the United Farm Workers (UFW) and Feminist Advocate
116. Urgent item submitted by Councilmember Rashi Kesarwani 117. Catherine Ryan (2)
118. Stacy Taylor
119. Peggy Scott
120. Marguerite Lee
121. Tyler K Johnson
122. Eric Friedman (2)
123. Theodore Raphael
124. Jesse Stills
Item #7: Mills Act Contract – 2845 Woolsey Street
125. Jeff Baker
Item #26: Public Safety Technology: Surveillance Technology Ordinance and Police Equipment Ordinance Approvals, Policy Updates, and Contract Authority 127. Supplemental agenda material submitted by Councilmember Brent Blackaby 128. Supplemental agenda material submitted by Councilmember Mark Humbert, Councilmember Shoshana O’Keefe, Councilmember Terry Taplin, and Councilmember Rashi Kesarwani
129. Revised agenda material submitted by Mayor Adena Ishii, Councilmember Cecilia Lunaparra, Councilmember Igor Tregub
130. Office of the Director of Accountability
131. Kitty Calavita
132. Lucas Cantor
133. Olivia Page
134. Beth Roessner
135. Christina Rodriguez
136. Beth Schoenfeld
137. John Waters
138. Rose E. Aplustill
139. Rowyn McDonald
140. Rosa Bay on behalf of the East Bay Community Law Center 141. Tim Beinke

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Tuesday, March 24, 2026 MINUTES Page 21
142. Jeremiah Maller
143. Sam Holtzman
144. Jennie Bertone
145. Jason Martens
146. Kelly Hammargren
147. Edith Friedman
148. Alex Stephens
149. Susan Bassein
150. Alexis Adorador
151. Lori Hines
152. Karen Armstead
153. Neil Egbert on behalf of the Berkeley Police Association 154. Gregory Kalkanis
155. Kathy Brasil
156. Liz Grubin
157. Emma Coleman
158. Ztangi
159. Wendy Alfsen
160. Sally Nelson (2)
161. Cheryl Fippen
162. MaryAnn Furda
163. Sibel Guner
164. Clay Spencer
165. Bruce H. Feingold
166. Maggie Lee
167. Visit Berkeley
168. 17 Similarly worded form letters “The data that is being collected…” Supplemental Communications and Reports 3
Urgent Item: Referral to the Parks, Recreation and Waterfront Commission to officially Rename Cesar Chavez Park for Dolores Huerta, Co-Founder of the United Farm Workers (UFW) and Feminist Advocate
169. Linda Franklin
Item #18: Whistleblower Investigation Report on Ambulance Purchase 170. Presentation submitted by the City Auditor
Action Calendar
Item #26: Public Safety Technology: Surveillance Technology Ordinance and Police Equipment Ordinance Approvals, Policy Updates, and Contract Authority 171. Presentation submitted by the Police Department
172. Revised agenda material submitted by Councilmember Ben Bartlett 173. Office of the Director of Police Accountability
174. Kate Rassbach

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Tuesday, March 24, 2026 MINUTES Page 22
175. Dirk Neyhart
176. William Gordon
177. Laura Hill on behalf of the Bay Area Council
178. Juli Dickey
179. Patrick Golier
180. Heather Flett
181. Melake Getabecha
182. Margaret Phillips
183. Jack Kurzweil
184. Nathan Henry Mizell
185. Mark McDonald
186. Linda Wood (2)
187. Sanjog Singh
188. Sheila Goldmacher
189. David DeSouza
190. Ann May and Rodney Freeland
191. Noelle Fa-Kaji
192. Deb DenHerder
193. Elizabeth Ferguson
194. Michella Ralston
195. Joan Guilford and Richard J Jackson
196. David Fielder
197. Wendy Patterson
198. Kiara Ott
199. Phillip Wong
200. Devin Pastika
201. Vanessa Drake Moraga
202. Anna Henry
203. Justine Kessler
204. A Coalition of Bay Area Elected Officials, Community Organizations, Small Business Leaders and Owners, and Victims’ Advocates
205. Joe Norton
206. Vanessa Cordova
207. Effie Bourgin
208. Steve Kuttner
209. Ben Powers
210. Elizabeth Ditmars
211. Craig Knudsen (2)
212. Paris Cotz
213. Andrew Sauter
214. Michael Singer
215. David Lerman
216. Tammy Kremer
217. Thomas Yamaguchi
218. Jonathan Ruchlis
219. Shok Saidmuradov

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Tuesday, March 24, 2026 MINUTES Page 23
220. Linda Maio
221. Laralynn Rapoza
222. Daivd Rosen
223. Christine Staples
224. Jim Best
225. Lorraine Mahley
226. Lisa Jervis
227. Almira Tanner
228. Becca Schonberg
229. Diana Maria Rossi
230. John J. Parman
231. Joel Myerson
232. Friends of Adeline
233. Maryann O’Sullivan (2)
234. Oren
235. Kathy Kojimoto
236. Helen Walsh
237. Kelly Hammargren
238. Rebecca on behalf of the Berkeley Immigration Collaborative 239. Patricia Erwin
240. Wendy Alfsen
241. Russbumper
242. Peter Deibler
243. Patrick Golier
244. Becca Freed
245. Elena Pinsky
246. Jeremiah Maller
247. Moni Law
248. Andrew Glickman
249. Frances Ann Haselsteiner (2)
250. Bob O’Leary
251. Hemptrez
252. 42 Similarly worded form letters “The data that is being collected…” Miscellaneous
253. Carole Marasovic

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

CONSENT CALENDAR
April 28, 2026
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Mark Numainville, City Clerk
Subject: Police Accountability Board – Appointment of New Member

RECOMMENDATION
Adopt a Resolution appointing a new member to the Police Accountability Board (PAB) nominated by Councilmember Blackaby.

FISCAL IMPACTS OF RECOMMENDATION
All PAB commissioners are eligible to receive a stipend of up to $300 per month.

CURRENT SITUATION AND ITS EFFECTS
There are currently six vacant seats on the PAB, including one alternate position.

Councilmember Blackaby has nominated Patrick DeTemple to serve on the Police Accountability Board. Mr. DeTemple meets the eligibility criteria as verified by city staff in accordance with the requirements of the City Charter and may be appointed by a majority vote of the Council.

Commissioner Nominated By
vacant Mayor Ishii
Joshua Buswell-Charkow Councilmember Kesarwani
vacant Councilmember Taplin
vacant Councilmember Bartlett
vacant Councilmember Tregub
Leah Wilson Councilmember O’Keefe
vacant Councilmember Blackaby
Joshua Cayetano Councilmember Lunaparra
Randy Wells Councilmember Humbert
vacant Alternate
Article XVIII, Section 125, Part 6 of the City Charter states, “The Mayor and each City Councilmember shall nominate one candidate from an applicant pool at a meeting of the City Council and that each individual nominee must be approved by a majority vote of the City Council.”

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Police Accountability Board – Appointment of Members CONSENT CALENDAR April 28, 2026

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Members of the Police Accountability Board must:
 Be a resident of the City
 Be at least 18 years of age
 Not be an employee, officer, or contractor with the City, a current sworn police officer from any agency, or a current employee, official, or representative of an employee association representing sworn police officers
 Be fair minded and objective with a demonstrated commitment to community service The City Charter indicates that desirable qualities of a Board member are familiarity with human resources, law, police procedures, police oversight, or involvement in civil rights or community organizations and that the City Council shall endeavor to establish a Board that is broadly inclusive and reflective of race, ethnicity, age, gender identity, sexual orientation, economic status, neighborhoods, and various communities of interest in the City.

BACKGROUND
Measure II was adopted on November 3, 2020, by the voters of Berkeley to establish an Office of the Director of Police Accountability and create a new Police Accountability Board (hereafter “Board”), both of which are independent of the City Manager. The members of the Board are approved by vote of the full Council.

In June of 2021 the Mayor and Members of the City Council nominated and appointed the initial nine members of the PAB and also appointed one alternate commissioner.

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

RATIONALE FOR RECOMMENDATION
The appointment is provided for by the City Charter and pursuant to the nomination submitted by Councilmember Blackaby.

ALTERNATIVE ACTIONS CONSIDERED
None.

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

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RESOLUTION NO. -N.S.

APPOINTMENT OF PATRICK DETEMPLE TO THE POLICE ACCOUNTABILITY BOARD
WHEREAS, Measure II was adopted on November 3, 2020 by the voters of Berkeley to create a new Police Accountability Board; and
WHEREAS, Article XVIII, Section 125, Part 6 provides for the Council’s appointment of board members; and
WHEREAS, the Councilmember Blackaby submitted a nominee for appointment by the full council; and
NOW THEREFORE BE IT RESOLVED by the Council of the City of Berkeley that the following applicant is hereby appointed to the Police Accountability Board with an effective start date of June 15, 2026:

Nominee Nominated By
Patrick DeTemple Councilmember Blackaby

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

CONSENT CALENDAR
April 28, 2026
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Eleanor Hollander, Office of Economic Development Subject: Sale of Real Property – 1631 Fifth Street

RECOMMENDATION
Adopt a Resolution declaring 1631 Fifth Street exempt surplus land.

Subsequently, adopt first reading of an Ordinance approving the sale of City property at 1631 Fifth Street and authorizing the City Manager to execute all necessary documents required to sell the property for $750,000.

SUMMARY
1631 Fifth Street (Assessors Parcel Number 057-2117-011) in West Berkeley is a 5,525 square foot vacant lot owned by the City of Berkeley, purchased in the 1970s as part of the former redevelopment agency using Community Development Block Grant (CDBG) funds. The parcel is under ½ acre in size and is not contiguous to land owned by a state or local agency that is used for open-space or low- and moderate-income housing purposes and is therefore exempt surplus lands pursuant to Government Code Section 54221(f)(1)(B).

In October 2025, the City had the vacant lot at 1631 Fifth Street appraised with the fair market value determined (as of 9/24/25) to be $650,000. On February 23, 2026 the City received an unsolicited offer of $750,000 for an off-market sale of the vacant land located at 1631 Fifth Street in Berkeley. The proposed action is consistent with the direction provided by Council in closed session on March 16, 2026.

FISCAL IMPACTS OF RECOMMENDATION
Proceeds of the sale will accrue to the City’s Community Development Block Grant Fund (CDBG). Revenue generated from the sale of the property will be deposited into Fund 128 (CDBG fund).

The property located at 1631 Fifth Street was originally acquired with CDBG funds and all sale proceeds are considered CDBG program income and subject to CDBG regulations. The use of all CDBG funding, including program income must be spent in accordance with the City’s U.S. Department of Housing and Urban Development (or HUD) approved Five-Year Consolidated Plan and Annual Action Plan known as the

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Sale of Real Property – 1631 Fifth Street CONSENT CALENDAR April 28, 2026

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Annual Action Plan. The proposed use of all anticipated program income, per the draft plan, indicates all program income will continue to be allocated to the City’s Public Facility Improvement Program, with up to the allowable caps for public services and program administration. The Public Facilities Improvement Program supports the rehabilitation of existing Berkeley facilities that are open to the public and serve a low- income population, including centers for seniors, persons with disabilities, youth, and childcare centers, homeless shelters and transitional housing for homeless households.

Due to HUD’s timely expenditure requirements, the City has directed that the ideal time to receive funds from the sale of real property at 1631 Fifth St is after May 3, 2026.

CURRENT SITUATION AND ITS EFFECTS
In October 2025, the city solicited and received an appraisal on 1631 Fifth Street. An inspection of the property and a study of pertinent factors, including valuation trends and an analysis of neighborhood data, led the appraiser (the Berkeley-based firm Yovino-Young Inc) to conclude that the market value of the 5,525 square foot property to be $650,000 (as of 9/24/25).

The City Charter requires that the resulting contract for sale be approved by City Council via ordinance. Further, any profits from sale proceeds must be applied to the City’s Community Development Block Grant (CDBG) Fund, pursuant to the City’s U.S.

Department of Housing and Urban Development (or HUD) approved Five-Year Consolidated Plan and Annual Action Plan known as the Annual Action Plan. Depositing the proceeds of the sale in the CDBG program will directly support the City’s ability to provide and maintain affordable housing options, shelters, and community serving facilities in Berkeley.

The subject property is a level, vacant site that was previously improved with a house, long ago demolished. The parcel is less than ½ acre in size and the contiguous parcels are privately held. The site is zoned M-UR (Mixed Use-Residential) that will allow for a myriad of uses but the site size favors some kind of residential use with adjacent neighbors to the north and smaller (2-4 unit) developments to the west.

In December 2025, the City received an unsolicited offer from local developer Matthew Wadlund, for 1631 Fifth Street, articulating a “strong[ly held] desire to convey ownership of 1631 Fifth St” and offering “to craft an agreement that works for the City.” The offer letter stated no contingencies and offered $650,000 for the parcel. A revised offer from Matthew Wadlund (Wadlund+ Design Studio) delivered to the City on February 23, 2026, stated no contingencies and offered $750,000 for the parcel.

Surplus Lands Act Compliance
Based on the following findings, the Property at 1631 Fifth Street qualifies as "exempt surplus land" pursuant to Government Code section 54221(f)(1)(B):

1. Size Requirement: The Property is approximately 0.127 acres in size (5,525 sq ft). Because this area is less than one-half acre (21,780 square feet), it meets the size criteria set forth in Government Code section 54221(f)(1)(B).

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Sale of Real Property – 1631 Fifth Street CONSENT CALENDAR April 28, 2026

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2. Contiguity Requirement: Staff has reviewed the surrounding landownership and determined that the Property is not contiguous to any land owned by a state or local agency that is currently used for open-space, park, recreational, or low- and moderate-income housing purposes.

3. Simultaneous Disposition: The City is not disposing of this parcel simultaneously with any contiguous parcels to the same receiving entity in a manner that would aggregate the total size to over one-half acre.

BACKGROUND
The parcel at 1631 Fifth Street was once part of Berkeley’s Redevelopment Zone, an area of eight square blocks roughly bound by University Avenue, 4th Street, Cedar Street, and 6th Street. Berkeley's Redevelopment Agency (BRA) was a city body established under state Community Redevelopment Law to identify blighted areas, acquire property using Community Development Block Grant (CDBG) funds, and redevelop the acquired properties to spur economic growth and opportunity.

A house was once located on the site of 1631 Fifth Street and was demolished in approximately 1983. The 5,525 square foot parcel has stood vacant since. The Redevelopment Agency conducted an RFP for housing at the site in 2008, but the only response was Northern California Land Trust’s (NCLT) proposal to move the Kenney Cottage (now at 1281 University Avenue) to the site. This proposal did not come to fruition due to NCLT’s bankruptcy, but NCLT did manage a small community garden at the site from 2009 to 2011. In 2011, a state law ended all redevelopment programs statewide, and 1631 Fifth Street was received as vacant parcel by the City of Berkeley as the Successor Agency to the Berkeley’s Redevelopment Agency.1 In the intervening years, the City of Berkeley’s Health Housing and Community Services Department (HHCS) solicited proposals to acquire and develop some of the former redevelopment sites along Fifth Street for affordable housing but 1631 Fifth Street was not considered for inclusion in the proposals, as new construction of affordable housing on the 1631 Fifth Street lot would require “significant investments” and “not be feasible due to the size of the lot.”2 On November 21, 2019, the Land Use, Housing & Economic Development Committee recommended the City Council authorize the sale of 1631 Fifth Street, as did the staff’s report to council on March 10, 2020.

This property can be sold at market rate and any sale or proceeds from modifying the property must yield a return on the City’s Community Development Block Grant (CDBG) 1 Berkeley City Council, Referral Response: Housing and Homeless Uses for City-Owned, Former Redevelopment Agency Property at 1631 Fifth Street, January 19, 2021. 2 City of Berkeley, Request for Proposals, 1631 Fifth Street Affordable Housing Development, August 2, 2022.

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Sale of Real Property – 1631 Fifth Street CONSENT CALENDAR April 28, 2026

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investment and therefore will be applied to that fund.3 Article VIII, Section 44, (7) of the City Charter, requires that the resulting contract for sale be approved by City Council via ordinance.

In 2022, the City of Berkeley’s HHCS Department solicited proposals “from qualified firms or individuals to acquire and develop as affordable housing the City-owned site at 1631 Fifth Street.”4 No responses to the request for proposals were received, no viable proposals were submitted, and a sale did not materialize. Since 2022, HHCS has continued its responsibility for managing the site at 1631 Fifth Street including working with the City’s Public Works department to contract for maintenance of the vegetation on the lot.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The resolution designating this property as exempt from the Surplus Lands Act does not have the potential for creating a significant effect on the environment and is exempt from further review under the California Environmental Quality Act because it is not a “project” subject to CEQA pursuant to Section 15378(b)(5) of the CEQA Guidelines but is rather an administrative determination that will not result in direct or indirect physical changes to the environment.

The ordinance approving the sale of this Property similarly is not a “project” under CEQA Guidelines Section 15378(b)(5) because the disposition of real property is an administrative activity that will not result in any direct or indirect physical changes to the environment. No particular project has been proposed on the Property, and the sale does not commit the City to approve any project on the Property. Rather, any subsequent development at 1631 Fifth Street will be subject to environmental review.

Further, the commonsense exemption in CEQA Guidelines Section 15061(b)(3) applies because it can be seen with certainty that the sale of the Property will not have a significant effect on the environment because any future development thereon is speculative.

RATIONALE FOR RECOMMENDATION
The sale of 1631 Fifth Street, a vacant lot, generates income for the City’s CDBG Fund, and divests the City from the responsibility of maintaining the parcel at a time when there is a significant structural budget deficit. In turn, the City receives funds that exceed the fair market appraised value of the land obtained by a reputable local appraiser.

ALTERNATIVE ACTIONS CONSIDERED
3 Berkeley City Council, Disposition of City-Owned, Former Redevelopment Agency Property at 1631 Fifth Street, March 10, 2020, page 2.
4 City of Berkeley, Request for Proposals, 1631 Fifth Street Affordable Housing Development, August 2, 2022.

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Sale of Real Property – 1631 Fifth Street CONSENT CALENDAR April 28, 2026

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The City could continue to maintain the vacant parcel located at 1631 Fifth Street as is or sell the parcel for $1 for workforce development programing.

CONTACT PERSON
Eleanor Hollander, Economic Development Manager, (510) 981-7536 Attachments:
1: Resolution
Exhibit A: 1631 5th Street, Land Appraisal Report
2: Ordinance

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RESOLUTION NO. ##-N.S.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BERKELEY DECLARING THE REAL PROPERTY LOCATED AT 1631 5TH STREET TO BE EXEMPT SURPLUS LAND PURSUANT TO GOVERNMENT CODE SECTION 54221(f)(1)(B) WHEREAS, the Surplus Land Act (Gov. Code §§ 54220–54234) (the “Act”) requires local agencies to follow certain procedures before disposing of “surplus land,” and identifies categories of “exempt surplus land” in Government Code § 54221(f); and WHEREAS, the City of Berkeley (“City”) is the owner in fee simple of the real property located at 1631 5th Street, Berkeley, California, designated APN 057-2117-011, consisting of approximately 5,525 square feet (0.127 acres) in the MUR (Manufacturing Mixed-Use) zoning district, as documented in the September 24, 2025 Appraisal by Yovino-Young, Inc.(“Property”); and
WHEREAS, the Appraisal describes the parcel as a vacant, level, fenced lot formerly improved with a residence demolished circa 1983, with residential uses to the north and west across the street, and industrial uses to the south and east; and WHEREAS, City staff researched all contiguous properties on the real estate database RealQuest Professional and determined that none of the contiguous properties to 1631 Fifth Street are owned by a state or local agency but are rather privately owned; and WHEREAS, the City was approached with an offer to purchase the Property; and WHEREAS, the Act provides that surplus land is land owned in fee simple by the City for which the City Council takes formal action in a regular public meeting declaring the land is surplus and not necessary for the City's use; the land must be declared either surplus land or exempt surplus land; and
WHEREAS, Government Code § 54221(f)(1)(B) defines exempt surplus land as land that is “less than one-half acre in area and is not contiguous to land owned by a state or local agency that is used for open-space purposes or low- and moderate-income housing purposes”; and
WHEREAS, the Act provides that the City may dispose of property declared exempt surplus land without further regard to the requirements of the Act; and WHEREAS, the California Department of Housing and Community Development (HCD) Surplus Land Act Guidelines require agencies to adopt written findings demonstrating the factual basis for an exemption determination; and

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April 28, 2026

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WHEREAS, pursuant to the Surplus Land Act Guidelines issued by the California Department of Housing and Community Development ("HCD"), any determination by a local agency that property is exempt surplus land must be provided to HCD for its review at least 30 days prior to disposition; and
WHEREAS, the City Council desires to declare the property exempt surplus land under § 54221(f)(1)(B), adopt the required findings, and direct staff compliance with HCD’s Guidelines; and
WHEREAS, adoption of this administrative exemption determination does not commit the City to any physical development or disposal and therefore is not a “project” under the California Environmental Quality Act (CEQA) (Pub. Res. Code § 21065; CEQA Guidelines § 15378(b)(5)).

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Berkeley hereby finds that the above recitals are true and correct are a substantive part of this Resolution; and
BE IT FURTHER RESOLVED that the City Council hereby finds that the Property is 5,525 square feet and that it is not contiguous to any land owned by a state or local agency that is used for open-space purposes or low- or moderate-income housing purposes. Rather, adjacent parcels are privately owned; and BE IT FURTHER RESOLVED that on the basis of the above findings, the City Council declares that the Property is exempt surplus land pursuant to Government Code Section 54221(f)(1)(B); and
BE IT FURTHER RESOLVED that the City Council hereby authorizes and directs the City Manager or his designee to submit a copy of the Resolution to HCD in accordance with the Surplus Land Act Guidelines at least 30 days prior to the disposition of the Property; and
BE IT FURTHER RESOLVED that the City Council finds that this action is not a project under CEQA Guidelines § 15378(b)(5) and is therefore exempt from CEQA, as it constitutes an administrative determination that does not result in a direct or reasonably foreseeable indirect physical change in the environment. Any future discretionary action regarding the Property will undergo separate CEQA review.

Exhibit A: 1631 5th Street, Land Appraisal Report

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RE:

File No.

Case No.

Dear
In accordance with your request, I have personally inspected and prepared an appraisal report of the real property located at:

The purpose of this appraisal is to estimate the market value of the property described in the body of this appraisal report.

Enclosed, please find the appraisal report which describes certain data gathered during our investigation of the property. The methods of approach and reasoning in the valuation of the various physical and economic factors of the subject property are contained in this report.

An inspection of the property and a study of pertinent factors, including valuation trends and an analysis of neighborhood data, led the appraiser to the conclusion that the market value, as of is:
$
The opinion of value expressed in this report is contingent upon the limiting conditions attached to this report.

It has been a pleasure to assist you. If I may be of further service to you in the future, please let me know.

Respectfully submitted,
Signature:

YOVINO-YOUNG, INC
2716 Telegraph Avenue
Berkeley, CA 94705
510-548-1210 x 11
10/10/2025
City of Berkeley Public Works Dept
2180 Milvia Street
Berkeley, CA 94704

APPRAISAL REPORT
1631 5th Street
Berkeley, CA 94710
250403
Dionne Early
1631 5th Street, Berkeley, CA 94710
09/24/2025
650,000
Alison Teeman
AG003312

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.Appraisal Report Residential
of
As Of:

Prepared For:

Prepared By:
1631 5th Street
Berkeley, CA 94710
09/24/2025

City of Berkeley Public Works Dept
2180 Milvia Street
Berkeley, CA 94704
Alison Teeman

YOVINO-YOUNG, INC
2716 Telegraph Avenue
Berkeley, CA 94705

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Client File #: Appraisal File #:
.Appraisal Report Land
Appraisal Company:

Address:

Phone: Fax: Website:

Form 120.05*
Appraiser: Co-Appraiser:

AI Membership (if any): SRA MAI SRPA AI-GRS AI-RRS AI Membership (if any): SRA MAI SRPA AI-GRS AI-RRS AI Affiliation (if any): Candidate for Designation Practicing Affiliate AI Affiliation (if any): Candidate for Designation Practicing Affiliate Other Professional Affiliation: Other Professional Affiliation:

Email: E-mail:

Client: Contact:

Address:

Phone: Fax: Email:

SUBJECT PROPERTY IDENTIFICATION
Address:

City: County: State: ZIP:

Legal Description:

Tax Parcel #: RE Taxes: Tax Year:

Use of the Real Estate As of the Date of Value:

Use of the Real Estate Reflected in the Appraisal:

Opinion of highest and best use (if required):

SUBJECT PROPERTY HISTORY
Owner of Record:

Description and analysis of sales within 3 years (minimum) prior to effective date of value:

Description and analysis of agreements of sale (contracts), listing, and options:

RECONCILIATIONS AND CONCLUSIONS
Indication of Value by Sales Comparison Approach $
Indication of Value by Cost Approach $
Indication of Value by Income Approach $
Final Reconciliation of the Methods and Approaches to Value:

Opinion of Value as of: $
Exposure Time:

The above opinion is subject to: Hypothetical Conditions and/or Extraordinary Assumptions cited on the following page. * NOTICE: The Appraisal Institute publishes this form for use by appraisers where the appraiser deems use of the form appropriate. Depending on the assignment, the appraiser may need to provide additional data, analysis and work product not called for in this form. The Appraisal Institute makes no representations, warranties or guarantees as to, and assumes no responsibility for, the data, analysis or work product or third party certifications, verifications, data specifications, scores, indexes, or valuation tools, used or provided by the individual appraiser(s) or others in the specific contents of the AI Reports(R). AI Reports(R) AI-120.05 Appraisal Report - Land © Appraisal Institute 2017, All Rights Reserved June 2017 PagePage of of

YOVINO-YOUNG, INC
250403

YOVINO-YOUNG, INC
2716 Telegraph Avenue, Berkeley, CA 94705
510-548-1210 510-548-3110 www.yovino.com
Alison Teeman
X
Associate Member Appraisal Institute
[email protected]
City of Berkeley Public Works Dept Dionne E Early
2180 Milvia Street, Berkeley, CA 94704
1631 5th Street
Berkeley Alameda CA 94710
See Title Report for Legal Description
057-2117-011 N/A
Vacant Land
Same
Same
City of Berkeley
None - Long term ownership
None
650,000
N/A
N/A
Only a sales comparison approach is applicable for this assignment.

The range of value from the data is $750,000 to $900,000. After adjustments for differences, the range is $565,000 to $737,000 with the weighted average close to $665,000. An appraised value anywhere within the range can be supported, since no one sale is more persuasive than another but the appraised value is reconciled to just below the weighted average taking into account the location and level site. The final value conclusion assumes there are no adverse conditions and no contamination.
09/24/2025 650,000
09/24/2025
X
11 711 7

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ASSIGNMENT PARAMETERS
Intended User(s):

Intended Use:

The report is not intended by the appraiser for any other use by any other user.

Type of Value: Effective Date of Value:

Interest Appraised: Fee Simple Leasehold Other
Hypothetical Conditions: (A hypothetical condition is that which is contrary to what exists, but is asserted by the appraiser for the purpose of analysis. Any hypothetical condition may affect the assignment results.)
Extraordinary Assumptions: (An extraordinary assumption is directly related to a specific assignment and presumes uncertain information to be factual. If found to be false this assumption could alter the appraiser's opinions or conclusions. Any extraordinary assumption may affect the assignment results.) This is an Appraisal Report in accordance with Standard Rule 2-2(a) of the Uniform Standard of Professional Appraisal Practice (USPAP).

SCOPE OF WORK
Definition: The scope of work is the type and extent of research and analysis in an assignment. Scope of work includes the exte nt to which the property is identified, the extent to which tangible property is inspected, the type and extent of data research, and the type and extent of analysis applied to arrive at credible opinions or conclusions. The specific scope of work for this assignment is identified below and throughout this report.

Scope of Subject Property Inspection/Data Sources Utilized Approaches to Value Developed Appraiser Cost Approach:

Property Inspection: Yes No Is necessary for credible results and is developed in this analysis Date of Inspection: Is not necessary for credible results; not developed in this analysis Describe Scope of Property Inspection, Source of Area Calculations Is not necessary for credible results but is developed in this analysis and Data Sources Consulted:

Sales Comparison Approach:

Is necessary for credible results and is developed in this analysis Is not necessary for credible results; not developed in this analysis Co-Appraiser Is not necessary for credible results but is developed in this analysis Property Inspection: Yes No
Date of Inspection: Income Approach:

Describe Scope of Property Inspection, Source of Area Calculations Is necessary for credible results and is developed in this analysis and Data Sources Consulted: Is not necessary for credible results; not developed in this analysis Is not necessary for credible results but is developed in this analysis Additional Scope of Work Comments:

Significant Real Property Appraisal Assistance: None Disclose Name(s) and contribution:
* NOTICE: The Appraisal Institute publishes this form for use by appraisers where the appraiser deems use of the form appropriate. Depending on the assignment, the appraiser may need to provide additional data, analysis and work product not called for in this form. The Appraisal Institute makes no representations, warranties or guarantees as to, and assumes no responsibility for, the data, analysis or work product or third party certifications, verifications, data specifications, scores, indexes, or valuation tools, used or provided by the individual appraiser(s) or others in the specific contents of the AI Reports(R). AI Reports(R) AI-120.05 Appraisal Report - Land © Appraisal Institute 2017, All Rights Reserved June 2017 Page of

YOVINO-YOUNG, INC
City of Berkeley Public Works Dept
1631 5th Street, Berkeley, CA 94710 250403
City of Berkeley
Asset valuation for planning purposes.

Current Market Value 09/24/2025
X
None
Assumption that the site is clear of any
contamination.

X
09/24/2025
Site viewed from public street and aerial via
Google Air. Site size calculations are from public records. Local public records, MLS data sources & local Real Estate agents were consulted.

X
X
X
INSPECTION: Vacant land viewed from the public street.

LOCAL APPRAISER: The subject property is located in a market area with which I am familiar. I drove through the neighborhood and selected the most similar comparable sales.

APPRAISAL INDEPENDENCE: This appraisal report was completed in compliance with the requirements for appraisal independence.

X
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MARKET AREA ANALYSIS
Location Built Up Growth Supply & Demand Value Trend Typical Marketing Time Urban Under 25% Rapid Shortage Increasing Under 3 Months Suburban 25%-75% Stable In Balance Stable 3-6 Months
Rural Over 75% Slow Over Supply Decreasing Over 6 Months Neighborhood Single Family Profile Neighborhood Land Use Neighborhood Name :

Price Age
Low 1 Family % Commercial % PUD Condo HOA: $ /
High Condo % Vacant % Amenities:

Predominant Multifamily % %
Market area description and characteristics:

SITE ANALYSIS
Dimensions: Area:

View: Shape:

Drainage: Utility:

Site Similarity/Conformity to Neighborhood Zoning/Deed Restriction Size: View: Zoning: Convenants, Condition & Restrictions Smaller than Typical Favorable Yes No Unknown
Typical Typical Legal No zoning Documents Reviewed
Larger Than Typical Less than Favorable Legal, non-conforming Yes No Illegal Ground Rent $ /
Utilities Off Site Improvements
Electric Public Other Street Public Private
Gas Public Other Alley Public Private
Water Public Other Sidewalk Public Private
Sewer Public Other Street Lights Public Private
Site description and characteristics:

HIGHEST AND BEST USE ANALYSIS
Present Use Proposed Use Other
Summary of highest and best use analysis:
* NOTICE: The Appraisal Institute publishes this form for use by appraisers where the appraiser deems use of the form appropriate. Depending on the assignment, the appraiser may need to provide additional data, analysis and work product not called for in this form. The Appraisal Institute makes no representations, warranties or guarantees as to, and assumes no responsibility for, the data, analysis or work product or third party certifications, verifications, data specifications, scores, indexes, or valuation tools, used or provided by the individual appraiser(s) or others in the specific contents of the AI Reports(R). AI Reports(R) AI-120.05 Appraisal Report - Land © Appraisal Institute 2017, All Rights Reserved June 2017 Page of

YOVINO-YOUNG, INC
City of Berkeley Public Works Dept
1631 5th Street, Berkeley, CA 94710 250403
X
X
X
X
X
X
728,000 1
2,100,000 127
1,125,000 101
30 15
10 15
2 Indus. 28
West Berkeley
MARKET AREA BOUNDARIES: Berkeley flats location west of San Pablo Ave. Albany border to the north, Ashby Ave to the south, R/R tracks and Hwy 80/580 to the west. .

MARKET AREA DESCRIPTION: Almost fully developed mixed use area with residential uses, small commercial development, industrial uses & newer condominiums in formerly industrial West Berkeley. Some of the oldest houses in Berkeley in the area. Train noise in the area.

MARKET CONDITIONS: Strong buyer demand with limited supply. Values are basically stable with a slowing in mid-2023 as interest rates increased and the market slowly adjusted to 6-7% interest rates. Sellers retreated, reluctant to give up low rate mortgages and all participants had to adjust expectations. Berkeley flat-lands locations continue to command high $/SF values in 2024 and 2025 as compared to the hills where insurance problems have exacerbated supply & demand. Mortgage interest rates are currently in the 6.3% range, a slight increase from last week. Land values are negatively impacted by high borrowing and construction costs.

42.5 x 130
Urban
Appears Adequate
5,525 SF
Rectangular
Level - Good
X X
MUR - Manufacturing Mixed
Use
X
X
X
X
X
X
X
X
X
MUR Zoning - West Berkeley Plan incorporating residential, live-work, light industrial & arts & crafts compatible uses.

Subject is a level, vacant lot, fenced from the street. No improvements. Industrial use to the south and east. Residential use to the north and opposite.

Rear alley with vehicular access (Fifth 1/2 Street)
No adverse easements or conditions noted but no title report provided.

X Development
The subject is located in West Berkeley in the MUR zone as verified by the city of Berkeley. A variety of uses are allowed. Residential use with 2-4 units will be permissible based on current zoning. The lot size and shape will allow multi-family development and this will represent a financially feasible and maximally productive use. The highest and best use is development with 2-4 residential units.

Previously a house on the site was demolished ~1983 and development was abandoned when high levels of lead contamination were found. There was an RFP to developers in 2022 that did not result in a sale. It is not apparent if there has been any remediation of the site but for the purposes of this analysis there is an assumption that the property is clear of contamination. 31 7

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Net Adj. -2%
Gross Adj. 18%
Net Adj. -13%
Gross Adj. 47%
Net Adj. -34%
Gross Adj. 39%
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SITE VALUATION
Site Valuation Methodology
Sales Comparison Approach: A set of procedures in which a value indication is derived by comparing the property being appraised to similar properties that have been sold recently, then applying appropriate units of comparison and making adjustments to the sale prices of the comparables based on the elements of comparison. The sales comparison approach may be used to value improved properties, vacant land, or land being considered as though vacant; it is the most common and preferred method of land valuation when an adequate supply of comparable sales are available.

Market Extraction: A method of estimating land value in which the depreciated cost of the improvements on the improved property is estimated and deducted from the total sale price to arrive at an estimated sale price for the land; most effective when the improvements contribute little to the total sale price of the property.

Alternative Method: (Describe methodology and rationale) Site Valuation
ITEM SUBJECT COMPARISON 1 COMPARISON 2 COMPARISON 3
Address
Proximity to Subject
Data Source/
Verification
Sales Price $$ $ $
Price/ $$ $ $
Sale Date
Location
Site Size
Site View
Site Improvements
Net Adjustment +- $ +- $ +- $
Indicated Value $$ $
Prior Transfer History
Site Valuation Comments:

Site Valuation Reconciliation:

Opinion of Site Value $
* NOTICE: The Appraisal Institute publishes this form for use by appraisers where the appraiser deems use of the form appropriate. Depending on the assignment, the appraiser may need to provide additional data, analysis and work product not called for in this form. The Appraisal Institute makes no representations, warranties or guarantees as to, and assumes no responsibility for, the data, analysis or work product or third party certifications, verifications, data specifications, scores, indexes, or valuation tools, used or provided by the individual appraiser(s) or others in the specific contents of the AI Reports(R). AI Reports(R) AI-120.05 Appraisal Report - Land © Appraisal Institute 2017, All Rights Reserved June 2017 Page of

YOVINO-YOUNG, INC
City of Berkeley Public Works Dept
1631 5th Street, Berkeley, CA 94710 250403
X
1631 5th Street
Berkeley, CA 94710
0 West Berkeley
5,525 SF
Neighborhood
Vacant
Site Utility Level/Good
Offers N/A
Frontage 42.5'
2808 9th Street
Berkeley, CA 94710

1.31 miles SE
MLS/Public Records
M#41096520
750,000
160
06/27/2025
West Berk 10% -75,000
4,680 SF +42,250
Neighborhood
Tear Dwn +20,000
Similar
3 36'
X X -12,750
737,250
2113 6th Street
Berkeley, CA 94710

0.49 miles SE
MLS/Public Records
M#41083382
750,000
250
03/27/2025
West Berkeley
3,000 SF +126,250
Neighborhood
Fixer/Sup/30% -225,000
Similar
1 26'
X X -98,750
651,250
1850 Berryman Street
Berkeley, CA 94703

1.56 miles E
MLS/Public Records/Agt
M#41086348
900,000
179
08/02/2025
North Berk 10% -180,000
5,019 SF +25,300
Neighborhood
Vac/Entitled -150,000
Similar
1 61'
X X -304,700
595,300
Unknown 03/20/2013 for $230,000 None None
Site size adjustment at $50/SF for differences greater than 500 SF. See addendum for comments on comparables.

Sales are from Berkeley "flats" locations and are differing size sites, all with potential to be developed with condos or multi-family uses, from 2 to 4+ units. Some sold as vacant land, others sold with entitlements, others have dilapidated structures that will be torn down.

Primary adjustments reflect size and locational differences.

The range of $/SF after adjustment for listing status is $117 to $250. Sales 1-3 are closed sales and are most heavily weighted. The appraised value is reconciled close to a mid-point in the adjusted range from sales 1-3 650,000
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Net Adj. -16%
Gross Adj. 21%
Net Adj. -16%
Gross Adj. 41%
Net Adj. 0%
Gross Adj. 0%
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SITE EVALUATION
Site Valuation Methodology
Sales Comparison Approach: A set of procedures in which a value indication is derived by comparing the property being appraised to similar properties that have been sold recently, then applying appropriate units of comparison and making adjustments to the sale prices of the comparable based on the elements of comparison. The sales comparison approach may be used to value improved properties, vacant land, or land being considered as though vacant; it is the most common and preferred method of land valuation when an adequate supply of comparable sales are available.

Alternative Method: (Describe methodology and rationale) Site Valuation

ITEM SUBJECT COMPARISON COMPARISON COMPARISON
Address
Proximity to Subject
Data Source/
Verification
Sales Price $ $ $ $
Price/ $ $ $ $
Sale Date
Location
Site Size
Site View
Site Improvements
Net Adjustment +- $ +- $ + - $
Indicated Value $$ $
Prior Transfer History
Site Valuation Comments:

Site Valuation Reconciliation:

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YOVINO-YOUNG, INC
EXTRA SITES 4-5-6
City of Berkeley Public Works Dept
1631 5th Street, Berkeley, CA 94710 250403
X
1631 5th Street
Berkeley, CA 94710

0.00 West Berkeley
5,525 SF
Neighborhood
Vacant
Site Utility Level/Good
Offers N/A
Frontage 42.5'
4 3032 Mabel Street
Berkeley, CA 94702

1.72 miles SE
MLS/Public Records/Agt
M#41083445
799,000
130.09
ACTIVE
South Berk 5% -40,000
6,142 SF -30,850
Neighborhood
Tear Down 20,000
Similar
N/A -79,000
44'
X -129,850
669,150
5 913 Camellia Street
Berkeley, CA 94710
MLS/Public Records/Agent
M#41104882
799,000
227.44
ACTIVE
West Berkeley
3,513 SF 100,600
Neighborhood
Vac/Entitled -150,000
Similar
1 offer -75,000
39'
X -124,400
674,600
6 X 0
0 Unknown None None
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YOVINO-YOUNG, INC
City of Berkeley Public Works Dept
1631 5th Street 250403
Subject Property
The subject property is described in the report. It is a level, vacant site that was previously improved with a house, long ago demolished. Zoning is MUR that will allow for a myriad of uses but the site size favors some kind of residential use with adjacent neighbors to the north and opposite being single family residences or small 2-4 unit developments. The majority of small vacant or under developed sites in the area are being improved with for profit condominiums and this is consistent with the highest and best use for the subject site.

Sales Comparison Approach
Market data throughout the Berkeley flats was reviewed and three closed sales and two active listings are arrayed in the report.
#1 is a timely sale of a site with similar zoning but in an area with less direct proximity to commercial/industrial uses, so rated as superior. There is an existing dilapidated structure that has been gutted and which will be demolished to make way for a new 3-unit structure. Adjustment reflects the anticipated demolition cost. #2 is a smaller site in the same West Berkeley area, in a more residential location but on a busier through street so location is rated as similar. There is an existing structure that will likely be renovated rather than demolished as per the listing agent so it adds value. Set-backs and permitting will be less onerous for an existing structure.
#3 is in a superior location, in an area that is dominated by residential uses. The site is more similar in size to the subject site and is vacant with no prior development since it was carved off from an adjacent developed parcel. It is now entitled and approved for a 3-unit condominium development with 3 garages. The entitlement process was costly and the value is adjusted to reflect the contributory value of the entitlements. #4 is a larger site in a slightly superior South Berkeley location with primarily residential uses. The existing structure is falling down and adds no value and a typical buyer will demolish and redevelop the site with 2-4 units. The listing agent is entertaining offers at a price about 10% below the asking price, so the adjustment made reflects this.
#5 is a small, entitled site with approved plans for 3 townhouse units and the adjustment reflects approximate costs of entitlements. The owner is entertaining an offer that is about $75,000 below the list price so an adjustment is made accordingly.

Reconciliation
The range of value from the data is $750,000 to $900,000. After adjustments for differences, the range is $565,000 to $737,000 with the weighted average close to $665,000. An appraised value anywhere within the range can be supported, since no one sale is more persuasive than another but the appraised value is reconciled to just below the weighted average taking into account the location and level site. The final value conclusion assumes there are no adverse conditions and no contamination.

Appraised value as of 09/24/2025 is $650,000.
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YOVINO-YOUNG, INC
City of Berkeley Public Works Dept
1631 5th Street 250403

PARCEL MAP

SUBJECT
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YOVINO-YOUNG, INC
City of Berkeley Public Works Dept
1631 5th Street 250403

ZONING MAP

SUBJECT
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YOVINO-YOUNG, INC
City of Berkeley Public Works Dept
1631 5th Street 250403
Zoning Detail
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YOVINO-YOUNG, INC
City of Berkeley Public Works Dept
1631 5th Street 250403

AERIAL PHOTO
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YOVINO-YOUNG, INC
City of Berkeley Public Works Dept
1631 5th Street 250403

LOCATION MAP
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SUBJECT PHOTO ADDENDUM
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FRONT OF

SUBJECT PROPERTY

REAR OF

SUBJECT PROPERTY

STREET SCENE
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YOVINO-YOUNG, INC
City of Berkeley Public Works Dept
1631 5th Street 250403
1631 5th Street
Berkeley, CA 94710
Street View South
Street View North
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COMPARABLE SALE #
COMPARABLE SALE #
COMPARABLE SALE #
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YOVINO-YOUNG, INC
COMPARABLES 1-2-3
City of Berkeley Public Works Dept
1631 5th Street 250403
1 2808 9th Street
Berkeley, CA 94710
2 2113 6th Street
Berkeley, CA 94710
3 1850 Berryman Street
Berkeley, CA 94703
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COMPARABLE SALE #
COMPARABLE SALE #
COMPARABLE SALE #
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YOVINO-YOUNG, INC
COMPARABLES 4-5-6
City of Berkeley Public Works Dept
1631 5th Street 250403
4 3032 Mabel Street
Berkeley, CA 94702
5 913 Camellia Street
Berkeley, CA 94710
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STATEMENT OF ASSUMPTIONS AND LIMITING CONDITIONS
This appraisal is subject to the following assumptions and limiting conditions:
. This report is prepared using forms developed and copyrighted by t he Appraisal Institute. However, the content, analyses, and opinions set forth in this report are the sole product of the appraiser. The Appraisal Institute is not liable for any of the content, analyses, or opinions set forth herein. . No responsibility is assumed for matters legal in character or nature. No opinion is rendered as to title, which is assumed to be good and marketable. All existing liens, encumbrances, and assessments have been disregarded, unless otherwise noted, and the property is appraised as though free and c lear, having responsible ownership and competent management.
. I have examined the property described herein exclusively for the purpose of identification and description of the real property. The objective of our data collection is to develop an opinion of the highest and best use of the subject property and make meaningful comparisons in the valuation of the property. The appraiser's observations and reporting of the subject improvements are for the appraisal process and valuation purposes only and should not be considere d as a warranty of any component of the property. This appraisal assumes (unless otherwise specifically stated) that the subject is structurally sound and all components are in working condition. . I will not be required to give testimony or appear in court bec ause of having made an appraisal of the property in question, unless specific arrangements to do so have been made in advance, or as otherwise required by law.
. I have noted in this appraisal report any significant adverse conditions (such as needed repairs, depreciation, the presence of hazardous wastes, toxic substances, etc.) discovered during the data collection process in performing the appraisal. Unless otherwise stated in this appraisal report, I have no knowledge of any hidden or unapparent physical deficiencies or adverse conditions of the property (such as, but not limited to, needed repairs, deterioration, the presence of hazardous wastes, toxic substances, adverse environmental conditions, etc.) that w ould make the property less valuable, and have assumed that there are no such conditions and make no guarantees or warranties, express or implied. I will not be re sponsible for any such conditions that do exist or for any engineering or testing that might be required to discover whether such conditions exist. Because I am not an expert in the field of environmental hazards, this appraisal report must not be considered as an environmental assessment of the property. I obtained the information, estimate s, and opinions furnished by other parties and expressed in thi s appraisal report from reliable public and/or private sources that I believe to be true and correct. . I will not disclose the contents of this appraisal report except as provided for in the Uniform Standards of Professional Appraisal Practice, and/or applicable federal, state or local laws.
. The Client is the party or parties who engage an appraiser (by employment contract) in a specific assignment. A party receiving a copy of this report from the client does not, as a consequence, become a party to the appraiser-client relationship. Any person who receives a copy of this appraisal r eport as a consequence of disclosure requirements that apply to an appraiser's client, does not become an intended user of this report unless the client specifically identified them at the time of the assignment.

The appraiser's written consent and approval must be obtained before this appraisal report can be conveyed by anyone to the public through advertising, public relations, news, sales, and other media.
. If this valuation conclusion is subject to satisfactory completion, repairs, or alterations, it is assumed that the improvements will be completed competently and without significant deviation.

VALUE DEFINITION
Market Value Definition (below) Alternate Value Definition (attached) MARKET VALUE is defined as the most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of the title from the seller to buyer under conditions whereby:

1. buyer and seller are typically motivated;

2. both parties are well informed or well advised and acting in what they consider their own best interests;

3. a reasonable time is allowed for exposure in the open market;

4. payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and

5. the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale.

Source: The Dictionary of Real Estate Appraisal, 6th ed., Appraisal Institute * NOTICE: The Appraisal Institute publishes this form for use by appraisers where the appraiser deems use of the form appropriate. Depending on the assignment, the appraiser may need to provide additional data, analysis and work product not called for in this form. The Appraisal Institute makes no representations, warranties or guarantees as to, and assumes no responsibility for, the data, analysis or work product or third party certifications, verifications, data specifications, scores, indexes, or valuation tools, used or provided by the individual appraiser(s) or others in the specific contents of the AI Reports(R). AI Reports(R) AI-900.05 Certification, Assumptions and Limiting Conditions © Appraisal Institute 2017, All Rights Reserved June 2017 Page of

YOVINO-YOUNG, INC
City of Berkeley Public Works Dept
1631 5th Street 250403
X
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APPRAISER'S CERTIFICATION
I certify that, to the best of my knowledge and belief:
. The statements of fact contained in this report are true and correct. . The reported analysis, opinions, and conclusions are limited only by the report assumptions and limiting conditions, and are my personal, unbiased professional analysis, opinions, and conclusions.
. I have no present (unless specified below) or prospective interest in the property that is the subject of this report, and I have no (unless specified below) personal interest with respect to the parties involved.
. I have no bias with respect to any property that is the subject of this report or to the parties involved with this assignment. . My engagement in this assignment was not contingent upon developing or reporting predetermined results. . My compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. . My analysis, opinions, and conclusions were developed, and this report has been prepared, in conformity with the Uniform Standa rds of Professional Appraisal Practice. . Individuals who have provided significant r eal property appraisal assistance are named below. The specific tasks performed by those named are outlined in the Scope of Work section of this report.

None Name(s)
As previously identified in the Scope of Work section of this report, the signer(s) of this report certify to the inspection of the property that is the subject of this report as follows:

Property Inspected by Appraiser Yes No
Property inspected by Co-Appraiser Yes No
. Services provided, as an appraiser or in any other capacity, regarding the property that is the subject of this report within the three-year period immediately preceding acceptance of this assignment: None Specify services provided:

ADDITIONAL CERTIFICATION FOR APPRAISAL INSTITUTE MEMBERS, CANDIDATES AND PRACTICING AFFILIATES Appraisal Institute Designated Member, Candidate, or Practicing Affiliate Certify:
. The reported analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Code of Professional . The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives.

APPRAISERS SIGNATURES
APPRAISER: CO-APPRAISER:

Signature Signature
Name Name
Report Date Report Date
Trainee Licensed Certified Residential Certified General Trainee Licensed Certified Residential Certified General License # State License # State
Expiration Date Expiration Date
* NOTICE: The Appraisal Institute publishes this form for use by appraisers where the appraiser deems use of the form appropriate. Depending on the assignment, the appraiser may need to provide additional data, analysis and work product not called for in this form. The Appraisal Institute makes no representations, warranties or guarantees as to, and assumes no responsibility for, the data, analysis or work product or third party certifications, verifications, data specifications, scores, indexes, or valuation tools, used or provided by the individual appraiser(s) or others in the specific contents of the AI Reports(R). AI Reports(R) AI-900.05 Certification, Assumptions and Limiting Conditions © Appraisal Institute 2017, All Rights Reserved June 2017 Page of
As of the date of this report, I As of the date of this report, Ihave / have /have not have not Ethics & Standards of Professional Appraisal Practice of the Appraisal Institute, which include the Uniform Standards of Professional Appraisal Practice.

YOVINO-YOUNG, INC
City of Berkeley Public Works Dept
1631 5th Street 250403
X
X
X completed the continuing
education program for Associate Members of the Appraisal Institute.

Alison Teeman
10/10/2025
X
AG003312 CA
03/17/2027
16 17

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Produced by ClickFORMS Software 800-622-8727
Client: Client File #:

Subject Property: Appraisal File #:

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YOVINO-YOUNG, INC
City of Berkeley Public Works Dept
1631 5th Street 250403

QUALIFICATIONS
17 17

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ORDINANCE NO. -N.S.

AUTHORIZING THE SALE OF CITY PROPERTY AT 1631 5th STREET BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. Findings
a. The vacant land located at 1631 5 th Street was purchased in the 1970s by the City of Berkeley’s Redevelopment Agency using Community Development Block Grant Funds (CDBG).
b. The property at 1631 5th Street was received by the City of Berkeley in 2011 as the successor to the City’s Redevelopment Agency and the property is exempt surplus land so the City may sell the property at market rate. c. The City obtained a market value appraisal of the level, vacant site at 1631 5 th Street for $650,000 in October 2025.
d. Proceeds of the sale must be applied to the City’s Community Development Block Grant Fund (CDBG). Revenue generated from the sale of the property will be deposited into Fund 128 (CDBG fund).
e. City Charter Article VIII, Section 44(7) requires that the sale of public real property shall be by City Ordinance.
f. This action is consistent with the direction provided by City Council in closed session on March 16, 2026.

Section 2. The sale of 1631 5th Street is hereby approved, and the City Manager is hereby authorized to execute all necessary documents to complete that sale and transfer the property.

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 2134 Martin Luther King Jr. Way. Within 15 days of adoption, copies of this Ordinance shall be filed at each branch of the Berkeley Public Library and the title shall be published in a newspaper of general circulation.

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Office of the City Manager
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
April 28, 2026
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: David Sprague, Fire Chief
Subject: Rescind Resolution No. 68,099-N.S. and Adopt a Resolution for Continual Participation in the Alameda County Operational Area

RECOMMENDATION
Adopt a Resolution rescinding Resolution No. 68,099-N.S. and authorizing the City Manager to execute an agreement, effective through 2035, with the Alameda County Operation Area Emergency Management Organization to establish the administrative pathways that enable resource sharing among cities, counties and the State during disasters.

FISCAL IMPACTS OF RECOMMENDATION
None.

CURRENT SITUATION AND ITS EFFECTS
The City of Berkeley participates in Statewide emergency management structures defined at the State level. That participation is codified through an agreement with the Alameda County Operational Area Emergency Management Organization. The City needs to renew its commitment to participate.

Executing an agreement with the Alameda County Operation Area Emergency Management Organization advances the Strategic Plan goal to create a resilient, safe, connected, and prepared city.

BACKGROUND
As a result of the 1991 East Bay Hills firestorm, State Senator Nicholas Petris sponsored legislation that established the Standardized Emergency Management System (SEMS) in California. As part of SEMS, cities participate in Operational Area1 agreements. These agreements establish the administrative pathways that enable resource sharing among cities, counties and the State during disasters. 1 An Operational Area is defined in California Government Code §8559(b) as “an intermediate level of the state emergency services organization consisting of a county and all political subdivisions within the county area.”

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Operational Area Agreement CONSENT CALENDAR
April 28, 2026

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In January 1995, in accordance with State statutes, the Alameda County Board of Supervisors first developed the Alameda County Operational Area Emergency Management Organization.

The agreement adopted by the County Board of Supervisors on January 27, 2026 will be effective until December 31, 2035. This agreement establishes a cooperative effort with the following features:
 A partnership for exchanging disaster information, mutual aid requests, and resource requests in emergencies;
 Supports cooperative disaster preparedness efforts;
 No monetary compensation is required for participants to be members of the organization;
 The State’s SEMS regulations and guidelines will guide the policies and procedures of the organization;
 The Alameda County Sheriff/Director of Emergency Services serves as the Operational Area Coordinator and is responsible for assuring the representation of all affected jurisdictions in decision-making before, during, and after a disaster occurs; and
 A representational Operational Area Council is established to review and approve policies and procedures for the organization and serve as Alameda County’s Civil Defense and Disaster Council.

On April 16, 1996, the Berkeley City Council adopted Resolution No. 58,407-N.S., authorizing the City Manager to agree to participate in the Alameda County Operational Area Emergency Management Organization. Council again authorized participation on February 15, 2005 through Resolution No. 62,957-N.S. and again on July 25, 2017 through Resolution No. 68,099-N.S.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
No environmental or climate effects.

RATIONALE FOR RECOMMENDATION
The preservation of life, property and the environment is the responsibility of local, state and federal government. This agreement ensures a unified and coordinated effort between state and local government agencies to facilitate mutual aid and to ensure the effective and efficient use of regional and local resources in the event of a catastrophe.

The City’s continued participation in the Operational Area Emergency Management Organization is a key step toward that goal.

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Operational Area Agreement CONSENT CALENDAR
April 28, 2026

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ALTERNATIVE ACTIONS CONSIDERED
None considered.

CONTACT PERSON
Sarah Lana, Emergency Services Manager, Fire Department, 510-981-5576 Attachments:
1: Resolution
2: Executed copy of Alameda County Board of Supervisors’ Agreement for Participation in the Alameda County Operational Area Emergency Management Organization (Operational Area Agreement) with Board Letter

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

ADOPTING A REVISED RESOLUTION TO PARTICIPATE IN ALAMEDA COUNTY OPERATIONAL AREA AGREEMENT, AND RESCINDING RESOLUTION NO. 68,099- N.S.

WHEREAS, the potential for a major catastrophe due to natural or human-caused disaster requires all government entities within Alameda County to be prepared to share resources and information among themselves as well as with the State of California in order to protect the public welfare; and
WHEREAS, greater efficiency and disaster preparedness, response, recovery, and mitigation can be achieved by combining the efforts of the County of Alameda, other cities, special districts, and other public benefit non-profit corporations in pre-disaster agreements; and
WHEREAS, the California Emergency Services Act makes reference to the “operational area” and defines it as “an intermediate level of the state emergency services organization” created to perform extraordinary functions for local government within a county area such as strengthening mutual coordination, providing a focal point and conduit for disaster information, and assisting in the efficient management of resources.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that Resolution No. 68,099-N.S. is hereby rescinded.

BE IT FURTHER RESOLVED that by the Council of the City of Berkeley that the City Manager is hereby authorized to execute an agreement with the Alameda County Operational Area Emergency Management Organization and amendments thereto; a record signature copy of all agreements and amendments to be on file in the Office of the City Clerk.

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10. INDEMNIFICATION AND HOLD HARMLESS
Each of the parties agree to indemnify and hold the other parties harmless and waives all claims for compensation for any loss, damage, personal injury, or death incurred in consequences of the acts or omissions of the indemnifying parties' own employees and agents in the performance of this Agreement.

It is the intent of the parties that, where negligence is determined to have been contributory, principles of comparative fault will be followed, and each party shall bear the proportionate costs of any loss, damage, expense, and liability attributable to the party's negligence.

11. SALARIES, EMPLOYMENT AND WORKERS COMPENSATION BENEFITS The salaries, employment and workers compensation benefits of each employee participating in the Operational Area Emergency Management Organization shall be the responsibility of the party employing the individual. It is understood that each party's employees have no rights, benefits, or special employment status conferred by reason of this Agreement.

IN WITNESS WHEREOF THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT AS FOLLOWS:

COUNTY OF ALAMEDA,
a political subdivision of the
::•re ;r;;,ro.�
DAVID HAUBERT, President
Board of Supervisors
I hereby certify under penalty of perjury that the President of the Board of Supervisors was duly authorized to e ecut this document on behalf of the County of Alameda by a majority vote of the .

Board on / 1 '.) ; and that a copy has been delivered to the President as provided by Gover ment Code section 25103.

ATTEST: BRITNEY DAVIS
Clerk, Board of Supervisors
Alameda Count , California
By�J�-'-ir--'-..........,'4-'-f----'---!�
Cler
APPROVED AS TO FORM AND CONTENT:

DONNA ZIEGLER
County Counsel
By rc;�(M��
Clay Christianson
Deputy County Counsel
Alameda County Operational Area Agreement Page 5

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

CONSENT CALENDAR
April 28, 2026
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Janelle Rodrigues, Director, Human Resources Department Subject: Contract No. 32400192 Amendment: GovernmentJobs.com (dba NEOGOV) for Online Data Management Services

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32400192 with GovernmentJobs.com (dba NEOGOV) for online data management services including applicant tracking, onboarding, and learning management to increase the not to exceed amount of $180,000 by $190,000 for a total not to exceed amount of $370,000 with a contract end date of May 15, 2027.

FISCAL IMPACTS OF RECOMMENDATION
The additional funding of $190,000 will be split between three funds- $137,000 will be covered through the General Fund (011), $48,000 will be covered through the Training Fund (146) and $5,000 will be covered by Measure FF (164). Funds are available in the departments’ current year budget.

Fund Amount
011 (General) $137,000
146 (Training) $48,000
164 (Measure FF) $5,000

CURRENT SITUATION AND ITS EFFECTS
The Human Resources Department is responsible for recruiting, receiving, and processing job applications; administering candidate assessments and examinations; establishing eligibility lists; referring lists of eligible candidates to City departments to fill vacancies; and providing mandatory and developmental training. The Recruitment, Exam, and Selection division received and processed a total of 19,826 applications in 2024 and 15,930 in 2025; A total of 564 applicants were hired in 2024 and 487 in 2025, all of whom completed their onboarding paperwork electronically and completed mandatory training courses. In addition to the Applicant Tracking System, the City of Berkeley contracted NEOGOV’s Course Management Import and Position Import systems to assign mandatory training for new hires. In 2025, 96% of employees

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Contract No. 32400192 Amendment: GovernmentJobs.com (dba NEOGOV) CONSENT CALENDAR April 28, 2026

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completed mandatory training courses to comply with city policies, as well as state and federal laws.

NEOGOV’s web-based applicant tracking system has allowed the Human Resources department to quickly and effectively deliver services to both internal departments and external customers by automating the recruitment and selection process and improving its efficiency and effectiveness. An amendment of the contract and an increase to its cap are necessary to continue services through May 15, 2027 and pay for services rendered and upcoming.

Effective January 1, 2026, local agencies are required to satisfy noticing requirements for certain contracts for services that meet the criteria outlined in Government Code Section 3204.1 as amended by AB 339. This project does not meet the criteria in Government Code Section 3504.1 and is exempt from the noticing requirement.

BACKGROUND
On October 30, 2018, staff issued a request for proposal (RFP), Specification No. 19- 11262-C for Performance and Learning Management System. The City received three (3) qualified vendor responses. A committee made up of staff from Human Resources, Public Works, Health, Housing & Community Services and Information Technology conducted the evaluation process where NEOGOV was selected. On June 3, 2024, the contracts held under NEOGOV were combined into a single contract, Contract No. 32400192. Council Resolution No. 71,753-N.S. authorized an extension of the contract beginning on May 16, 2025, with a not to exceed amount of $108,884 which was later amended via Resolution No. 71,942-N.S. which authorized an extension of the contract through May 16, 2026, and a new not to exceed amount of $180,000.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
NEOGOV provides software services which enable paperless processing of applications, new hire documents, and training materials.

RATIONALE FOR RECOMMENDATION
Services through NEOGOV are essential for recruitment operations which include processing job applications, administering candidate assessments and examinations, establishing eligible lists, certifying lists to City departments to fill vacancies, and conducting mandatory and developmental training. If this contract amendment is not approved, the City will not have the systems in place to perform essential human resource functions.

ALTERNATIVE ACTIONS CONSIDERED
No alternative action has been identified.

CONTACT PERSON
Janelle Rodrigues, Director of Human Resources, 510-981-6807

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Contract No. 32400192 Amendment: GovernmentJobs.com (dba NEOGOV) CONSENT CALENDAR April 28, 2026

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Attachments:
1: Resolution

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

CONTRACT NO. 32400192 AMENDMENT: GOVERNMENTJOBS.COM (DBA

NEOGOV) FOR ONLINE DATA MANAGEMENT SERVICES
WHEREAS, the Human Resources Department is responsible for recruiting, receiving and processing job applications, administering candidate assessments and examinations, establishing employment eligibility lists, certifying lists to City departments and conducting mandatory training; and

WHEREAS, the City issued requests for proposals (RFP) for an integrated web-based job applicant tracking system, performance, learning and other services, and responses were evaluated by a selection committee from the Human Resources, Public Works, Health, Housing & Community Services and Information Technology departments; and

WHEREAS, the selection committee selected NEOGOV from the respondents as the most qualified vendor capable of providing the system and services to manage the hiring process lifecycle and manage mandatory training; and

WHEREAS, the work is still in progress and essential to keep up with the City’s hiring and training needs; and
WHEREAS, this contract is exempt from the noticing requirements set forth in Government Code Section 3504.1; and
WHEREAS, on May 6, 2025, Resolution 71,753-N.S. was adopted authorizing the City Manager to execute a contract and any amendments with NEOGOV for a job applicant tracking system and service with training modules in an amount not to exceed $108,884; and

WHEREAS, on September 9, 2025, Resolution 71,942-N.S. was adopted authorizing the City Manager to execute a contract and any amendments with NEOGOV for a job applicant tracking system and service with training modules in an amount not to exceed $180,000 while at the same time amending Resolution 71,753-N.S.; and

WHEREAS, The additional funding of $190,000 will be split between three funds- $137,000 will be covered through the General Fund (011), $48,000 will be covered through the Training Fund (146) and $5,000 will be coverd by Measure FF (164) and funds are available in the departments’ current year budget.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to execute an amendment to Contract No. 32400192 with GovernmentJobs.com (dba NEOGOV) for online data management services including applicant tracking, onboarding, and learning management to increase the not to exceed

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amount of $180,000 by $190,000 for a total not to exceed amount of $370,000 with a contract end date of 5/15/27.

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CONSENT CALENDAR
April 28, 2026
To: Mayor and Members of the City Council
From: Disaster and Fire Safety Commission
Submitted by: Greg Murphy, Chairperson
Subject: Support Position on SB 894 (Allen) - California Wildfire Resilience Loan Program

RECOMMENDATION
Adopt an official Support position on Senate Bill 894 (Allen), the California Wildfire Resilience Loan Program, and authorize and direct the Mayor or City Manager or designee to send letters of support to Senator Ben Allen, Senator Jesse Arreguín, representing Berkeley in the California State Senate, and Assemblymember Buffy Wicks.

FISCAL IMPACTS OF RECOMMENDATION
No direct fiscal costs to the City of Berkeley. The recommended action is limited to communicating a policy position and transmitting letters of support to state legislators; no City appropriation or expenditure is required.

Substantial potential fiscal benefits to the City. SB 894 would establish a state- administered loan program providing financial assistance to Berkeley residents, homeowners, and small businesses for wildfire hardening and defensible space improvements. Increased adoption of such measures citywide would be expected to:
• Reduce the risk and severity of catastrophic wildfire losses within Berkeley, particularly in the Very High Fire Hazard Severity Zone (VHFHSZ) in the hills, where a major fire event could result in billions of dollars in property damage and significant municipal emergency response costs.
• Reduce pressure on the City's emergency response resources and the costs of post-disaster recovery, debris removal, and infrastructure repair. • Help stabilize the homeowner's insurance market in Berkeley, where increasing non-renewals and premium escalations driven by wildfire risk pose growing fiscal and economic stability concerns for residents and the City alike. • Complement City investments in emergency preparedness and wildfire mitigation without requiring additional local expenditure.

Because SB 894 operates through state and private financing mechanisms – including loan loss reserves and interest rate buy-downs administered by the California Alternative Energy and Advanced Transportation Financing Authority (CAEATFA) – the

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Support Position on SB 894 (Allen) - California Wildfire Resilience Loan Program

CALENDAR
City of Berkeley would receive these community protection benefits at no direct cost to the City's General Fund.

CURRENT SITUATION AND ITS EFFECTS
Berkeley faces a significant and well-documented wildfire risk, particularly in the hillside neighborhoods that border the Wildland-Urban Interface (WUI). The California Department of Forestry and Fire Protection (CAL FIRE) has designated a substantial portion of the Berkeley Hills as a Very High Fire Hazard Severity Zone (VHFHSZ). This designation reflects the elevated risk posed by the combination of steep terrain, dense vegetation, older housing stock, and the region's characteristic dry and windy seasonal conditions.

The 1991 Tunnel Fire – also known as the Oakland-Berkeley Hills Fire – remains the defining example of the catastrophic potential of wildfire in this urban setting. That event destroyed approximately 3,354 housing units, killed 25 people, and caused over $1.5 billion in damages. Risk modeling and climate trends suggest that fire weather conditions in the East Bay hills have intensified since 1991, and the probability of a comparable or larger fire event remains a serious public safety concern.

Despite this well-established risk, access to affordable capital for home hardening and defensible space improvements remains a significant barrier for many Berkeley residents. Home hardening projects – which may include ember-resistant vents, fire- resistant roofing and siding, deck replacement, and vegetation management – can cost tens of thousands of dollars, creating inequitable outcomes in which wealthier homeowners are better positioned to protect themselves and their neighbors. SB 894 directly addresses this affordability barrier by leveraging state resources to reduce the cost of private financing for these improvements.

At the same time, the insurance market crisis in wildfire-prone California communities has reached an acute stage. Multiple major insurers have paused or discontinued homeowner's insurance offerings in California, with Berkeley's hillside neighborhoods among the most affected. Reduced insurability further depresses property values, complicates home sales, and threatens the financial stability of existing homeowners.

Broad adoption of home hardening improvements, facilitated by accessible financing such as proposed under SB 894, would create a mechanism to improve insurability at the community level, simultaneously with making our community safer from wildfire.

Action:.

Votes: Ayes: 8
Noe’s: 0
Abstain: 0

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Support Position on SB 894 (Allen) - California Wildfire Resilience Loan Program

CALENDAR

Absent: 1

BACKGROUND
The DFSC has maintained an active focus on wildfire resiliency in Berkeley for a number of years. The Commission's Wildfire Resiliency Workgroup has examined a range of policy options aimed at increasing the rate of home hardening and defensible space compliance among Berkeley residents, with particular attention to the challenges of affordability and equitable access to improvement resources.

As part of this ongoing work, the DFSC previously reviewed and discussed potential enhancements to the City's Resident Assistance Program, including proposals to expand financial assistance available to lower-income residents for wildfire mitigation improvements. These discussions informed the Commission's understanding of the financing barriers facing Berkeley homeowners and highlighted the limitations of locally funded approaches in achieving the scale of adoption necessary for meaningful community-wide risk reduction.

Most recently, the DFSC recommended – and the Berkeley City Council approved with modifications – a Transfer Tax Rebate program to incentivize wildfire hardening improvements at the point of residential property sale. This program represents an important step toward encouraging home hardening, and reflects the Council's recognition that financial incentives are a necessary component of a comprehensive resiliency strategy. However, the Transfer Tax Rebate is limited in reach, applying only to properties at the time of sale or in the preceding five years, and falling short of mobilizing the broad, proactive investment in fire hardening that the community's risk profile demands.

SB 894 would establish the California Wildfire Resilience Loan Program, administered by CAEATFA – an authority with demonstrated experience managing statewide financing programs that leverage public participation to unlock private capital. The program would establish a loan loss reserve and interest rate buy-down mechanism to make private financing for wildfire hardening and defensible space improvements more accessible and affordable to eligible property owners across the state, including in Berkeley. Eligible improvements would include home hardening measures consistent with California Code of Regulations requirements, defensible space activities, and smoke mitigation retrofits.

Importantly, financial assistance under the program would be available to eligible properties throughout California and would not be restricted by land classification, jurisdiction, or hazard severity zone designation – ensuring that Berkeley homeowners in all risk zones, not only those in the formally designated VHFHSZ, could potentially benefit from the program.

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Berkeley City CouncilApril 28, 2026

Berkeley City Council
April 28, 2026