Berkeley City Council
June 30, 2026

3 Section 5. Bond or Note Certificates. The Issuer will furnish to the Paying Agent a sufficient supply of blank Bond or Note certificates and, from time to time, will replenish such supply upon request of the Paying Agent. Such blank Bond or Note certificates shall be signed by officers of the Issuer, authorized by the Issuer to sign Bond or Note certificates, and shall bear the seal of the Issuer or shall bear, to the extent permitted by law, the facsimile signature of each such officer and a facsimile of the seal. If an officer of the Issuer, whose signature appears on any Bond or Note certificate, ceases to be an officer of the Issuer before delivery of said Bond or Note certificate, such signature nevertheless shall be valid and sufficient for all purposes, the same as if such officer of the Issuer had remained in office until such delivery and the Paying Agent may inscribe, authenticate, and deliver such certificate as being that of the Issuer whose signature properly shall have been inscribed on such Bond or Note certificate prior to its issuance.

Section 6. Records of Certificates; Lost or Destroyed Certificates. The Paying Agent may open and keep such books and other records, including a bond register, as shall be required for, or convenient in, the performance of its duties. If Bonds or Notes have been issued and delivered prior to the Paying Agent’s appointment, the Paying Agent may accept and adopt as a part of such records all lists of holders of records as may have been employed by any former bond registrar/transfer agent and paying agent for such Bonds or Notes if certified by such former bond registrar/transfer agent and paying agent. The Paying Agent shall use such list of holders of record of the Issuer’s Bond or Note certificates as sufficient basis for its records and verification of Bond or Note certificates therein described.

Upon receiving written instructions from the Issuer and indemnity satisfactory to the Paying Agent and the Issuer, the Paying Agent may inscribe, authenticate and deliver, to the persons entitled thereto, new certificates in place of certificates represented to have been lost, stolen or destroyed and likewise may issue a new certificate in exchange for, and upon surrender of, an identifiable mutilated certificate.

Section 7. Payments of Interest and Principal. The Paying Agent shall act as paying agent for the Bonds or Notes and, in such capacity, it shall:
(i) with funds provided by Issuer, pay the interest upon the Bonds or Notes by mailing checks to the persons entitled to receive such interest, as determined by the registry of the Issuer maintained by the Paying Agent, provided that Issuer shall have deposited with the Paying Agent, on or before the day upon which interest checks are to be mailed, sufficient immediately available funds to cover payment of such interest;
(ii) with funds provided by Issuer, pay the principal amount (including premium, if any) of the Bonds or Notes to the registered holders of such Bonds or Notes, upon the maturity date or earlier redemption date upon which the principal is to become payable and upon delivery to the Paying Agent of a Bond Note certificate with respect to which such principal payment shall have become payable, provided that the Issuer shall have deposited with the Paying Agent, on or before the payment date, sufficient immediately available funds to pay the aggregate principal amount (including premium, if any) due on all Bonds or Notes so payable;
(iii) if a Bondholder or Noteholder shall report to the Paying Agent that any check so mailed for the payment of interest or principal has been lost and that the

4 proceeds thereof, have not been received and if the check has not been paid then, upon provision of an indemnity satisfactory to the Paying Agent and the Issuer, stop payment upon such check, and issue and deliver to such Bondholder or Noteholder a new check for like amount; provided, however, that it may, at its discretion, defer the issuance of the new check for a reasonable period of time; (iv) record the fact of payment and cancel Bonds or Notes surrendered to it for payment, coincident with such payment being made to the person thereto entitled; and
(v) have no liability for interest on, or investing, any funds received by it; any unclaimed funds remaining in the possession of the Paying Agent for payment of the Bonds or Notes will be escheated in accordance with applicable law and the Paying Agent’s policies and procedures.

Section 8. Redemption Prior to Stated Maturity. If the Bonds or Notes are subject to redemption prior to their stated maturity date(s), the Paying Agent shall be governed by the redemption provisions set forth in the Authorization or as stated in the provisions as set forth on the bond/note form. The Paying Agent shall not be required to transfer any Bond or Note, or portion thereof, that has been called for redemption. Payment of the principal amount (including premium, if any) of any Bond or Note, or portion thereof, called for redemption shall be made by check payable to the registered owner, only upon presentation of the Bond or Note, at the designated corporate trust office of the Paying Agent on or after the redemption date. Where the entire principal amount of the Bond or Note has not been called for redemption, a new Bond or Note of the same series, maturity and interest rate in the amount of the unredeemed portion will be issued to the registered holder or its assignee. Whether or not promptly submitted for redemption, interest on any Bond or Note, or portion thereof, called for redemption shall cease to accrue on and after the redemption date provided that sufficient moneys therefore are on deposit with the Paying Agent.

Section 9. Compensation; Indemnification. The Issuer agrees to pay the Paying Agent fees as set forth in Exhibit B attached hereto and made a part hereof, and, if applicable, to reimburse Paying Agent for its out-of-pocket expenses (including without limitation attorneys; fees and expenses). The Issuer assumes full responsibility and, to the extent permitted by law, will indemnify the Paying Agent and its officers, directors, agents and employees and save it and them harmless from and against any and all actions or suits, whether groundless or otherwise, and from and against any and all losses, liabilities, costs and expenses (including attorneys’ fees and expenses) arising out of the agency relationship created by this Agreement, unless such losses, liabilities, costs and expenses shall have been finally adjudicated to have resulted from the willful misconduct or negligence of the Paying Agent, and such indemnification shall survive the Paying Agent’s resignation or removal for any reason, or the termination of this Agreement.

Section 10. Instructions From the Issuer and Opinion From Counsel. At any time the Paying Agent may apply to any duly authorized representative of the Issuer for instructions, and shall have the right, but not the obligation, to consult with counsel of choice at the reasonable expense of the Issuer and shall not be liable for action taken or omitted to be taken either in accordance with such instruction or such advice of counsel, or in accordance with any opinion of counsel to the Issuer addressed to the Paying Agent.

5 Section 11. Concerning the Paying Agent. The Paying Agent shall have only those duties as are specifically provided herein, which shall be deemed purely ministerial in nature, and shall have the right to perform any of its duties hereunder through agents, attorneys, custodians or nominees. The Paying Agent shall not be answerable for other than its negligence or willful misconduct. The Paying Agent shall have no responsibility for the form of inscription of ownership upon any Bond or Note certificate which has been made in accordance with directions of the Issuer, the Issuer’s underwriter, a broker or a holder of a Bond or Note.

The Paying Agent shall be protected in acting upon any paper or document believed by it to be genuine and to have been signed by the proper person or persons and shall not be held to have notice of any change of authority of any person, until receipt of written notice thereof from the Issuer. The Paying Agent shall also be protected in recognizing Bond or Note certificates which it reasonably believes to bear the proper manual or facsimile signatures on behalf of the Issuer.

The Paying Agent shall have the right, but not the obligation, to consult with counsel of choice and shall not be liable for action taken or omitted to be taken by Paying Agent either in accordance with the advice of such counsel or in accordance with any opinion of counsel to the Issuer addressed and delivered to the Paying Agent The Paying Agent shall not be under any obligation to prosecute any action or suit in respect of the agency relationship which, in its sole judgment, may involve it in expense or liability. In any action or suit the Issuer shall, as often as requested, reimburse the Paying Agent for any expense or liability growing out of such action or suit by or against the Paying Agent in its agency capacity; provided, however, that no such reimbursement shall be made for any expense or liability arising as a result of Paying Agent’s negligence or willful misconduct. No provision of this Agreement shall require the Paying Agent to risk or expend its own funds.

The Paying Agent shall not be responsible or liable for any failure or delay in the performance of its obligation under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; earthquakes; fire; flood; wars; terrorism; military disturbances; sabotage; epidemic; riots; interruptions; loss or malfunctions of utilities, computer (hardware or software) or communications services; accidents; labor disputes; acts of civil or military authority or governmental action; it being understood that Paying Agent shall use commercially reasonable efforts which are consistent with accepted practices in the banking industry to resume performance as soon as reasonably practicable under the circumstances.

Anything in this Agreement to the contrary notwithstanding, in no event shall the Paying Agent be liable for special, punitive, indirect or consequential loss or damage of any kind whatsoever (including but not limited to lost profits), even if the Paying Agent has been advised of the likelihood of such loss or damage and regardless of the form of action.

The Paying Agent agrees to accept and act upon instructions or directions pursuant to this Agreement sent by unsecured e-mail, facsimile transmission or other similar unsecured electronic methods, provided, however, that the Issuer shall provide to the Paying Agent an incumbency certificate listing designated persons authorized to provide such instructions, which incumbency certificate shall be amended whenever a person is to be added or deleted from the listing. If the Issuer elects to give the Paying Agent e-mail or facsimile instructions (or instructions by a similar electronic method) and the Paying Agent in its discretion elects to act upon such instructions, the Paying Agent’s understanding of such instructions shall be deemed controlling. The Paying Agent shall not be liable for any losses, costs or expenses arising directly or indirectly from the Paying Agent’s reliance upon and compliance with such instructions notwithstanding such instructions conflict or are inconsistent with a subsequent written instruction. The Issuer agrees: (i) to assume all risks arising out of the use of such

6 electronic methods to submit instructions and directions to the Paying Agent, including without limitation the risk of the Paying Agent acting on unauthorized instructions, and the risk of interception and misuse by third parties; (ii) that it is fully informed of the protections and risks associated with the various methods of transmitting instructions to the Paying Agent and that there may be more secure methods of transmitting instructions than the method(s) selected by the Issuer; and (iii) that the security procedures (if any) to be followed in connection with its transmission of instructions provide to it a commercially reasonable degree of protection in light of its particular needs and circumstances.

Any banking association or corporation into which the Paying Agent may be merged, converted or with which the Paying Agent may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Paying Agent shall be a party, or any banking association or corporation to which all or substantially all of the corporate trust business of the Paying Agent shall be transferred, shall succeed to all the Paying Agent's rights, obligations and immunities hereunder without the execution or filing of any paper or any further act on the part of the parties hereto, anything herein to the contrary notwithstanding.

Section 12. Notices. Until changed by notice in writing, communications between the parties shall be delivered to:

If to Issuer:

City of Berkeley
2180 Milvia Street, Third Floor
Berkeley, CA 94704
Attn: Director of Finance
If to the Paying Agent:

The Bank of New York Mellon Trust Company, N.A.
400 South Hope Street, Suite 500
Los Angeles, CA 90071
Attn: Corporate Trust
Section 13. Destruction of Instruments, Records and Papers. The Paying Agent may retain in its files records, instruments, and papers maintained by it in relation to its agency as long as the Paying Agent shall consider that such retention is necessary. The Paying Agent shall destroy or dispose of canceled Bonds or Notes in accordance with its customary procedures, unless contrary instructions are received from the Issuer.

Section 14. Resignation or Removal of Paying Agent. Any time, other than on a day during the forty-five (45) day period preceding any payment date for Issuer’s Bonds or Notes, the Paying Agent may resign by giving at least forty-five (45) days’ prior written notice to Issuer; and the Paying Agent’s agency shall be terminated and its duties shall cease upon expiration of such forty-five (45) days or such lesser period of time as shall be mutually agreeable to Paying Agent and Issuer. At any time, following at least forty-five (45) days’ prior written notice (or such lesser period of time as shall be mutually agreeable to the Paying Agent and the Issuer) from the Issuer, the Paying Agent may be removed from its agency. Such removal shall become effective upon the expiration of the forty-five (45) day or agreed lesser time period, and upon payment to the Paying Agent of all amounts payable to it in connection with its agency. In such event, the Paying Agent shall deliver to the Issuer, or to the Issuer’s designated representative, all Bonds or Notes and cash belonging to the Issuer and, at the Issuer’s expense, shall furnish to the Issuer, or to the Issuer’s designated representative, reasonably detailed information

7 regarding the status of the Issuer’s outstanding Bonds or Notes and copies of other pertinent records then in the Paying Agent’s possession, reasonably requested by the Issuer.

Section 15. Effectiveness and Term. If the Bonds or Notes already are outstanding as of the date of the execution and delivery of this Agreement, this Agreement is effective as of the date hereof and shall continue until terminated as provided herein.

If the Bonds or Notes are to be newly issued, then this Agreement shall become effective as of the date that the Bonds or Notes are delivered to the original purchaser(s) thereof, and shall continue until terminated. If said Bonds/Notes are not delivered to original purchaser(s), this Agreement shall be null, void and of no effect.

This Agreement shall remain in effect and the agency established by the Agreement shall continue until (i) terminated by mutual agreement of Issuer and Paying Agent, (ii) the resignation or removal of Paying Agent pursuant to Section 14 hereof, or (iii) after all Bonds or Notes have been retired by payment or otherwise, or funds have been deposited for their retirement, and any remaining funds have either been returned to the Issuer or escheated in accordance with law.

Section 16. Conflicts Between Documents. In the event of any conflict between any provision of this Agreement and the Authorization, the terms of the Authorization shall govern.

Section 17. Jury Trial Waiver. Each party hereto hereby agrees not to elect a trial by jury of any issue triable of right by jury, and waives any right to trial by jury fully to the extent that any such right shall now or hereafter exist with regard to this Agreement, or any claim, counterclaim or other action arising in connection herewith. This waiver of right to trial by jury is given knowingly and voluntarily by each party, and is intended to encompass individually each instance and each issue as to which the right to a trial by jury would otherwise accrue.

Section 18. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California.

8 IN WITNESS WHEREOF, the parties hereto have caused these presents to be signed by their duly authorized officers as of the date first above written.

CITY OF BERKELEY
By:

Henry Oyekanmi
Director of Finance

THE BANK OF NEW YORK MELLON TRUST
COMPANY, N.A.

By:

Authorized Representative

9 EXHIBIT A
$_____

CITY OF BERKELEY
2026 General Obligations Bonds
(2016 Election: Infrastructure and Facilities Improvements)

10 EXHIBIT B

FEE SCHEDULE
Registrar, Transfer Agent and Paying Agent
For Fully Registered Bond / Note Issues

OFFICIAL NOTICE OF SALE
$20,000,000

CITY OF BERKELEY
(Alameda County, California)
2026 GENERAL OBLIGATION BONDS
(2016 ELECTION: INFRASTRUCTURE AND FACILITIES IMPROVEMENTS) NOTICE IS HEREBY GIVEN by the City of Berkeley (the “City”), that bids will be received by a representative of the City for the purchase of $20,000,000 principal amount of bonds of the City designated the “City of Berkeley 2026 General Obligation Bonds (2016 Election: Infrastructure and Facilities Improvements)” (the “Bonds”). Bids will be received in electronic form through BiDCOMPTM/Parity® (“Parity”) on:

TUESDAY, July 28, 2026
starting at 8:15 a.m. and ending at 8:45 a.m. Pacific Time.

The City reserves the right to postpone or change the time or sale date upon notice delivered via Bloomberg News Service or London Stock Exchange Group (“LSEG”) The Municipal Market Monitor (TM3).

The Bonds will be issued under the provisions of a resolution adopted by the City Council of the City on June 30, 2026 (the “Bond Resolution”), and under the laws of the State of California. The Bonds are more particularly described in the proposed form of the Bond Resolution on file with the City (which is incorporated herein by reference) and copies thereof will be furnished to the bidder upon request.

DESCRIPTION OF THE BONDS
PURPOSE: The proceeds of the Bonds will be applied by the City for the purpose of financing the repair, renovation, replacement or reconstruction of existing City infrastructure and facilities, in accordance with the ballot proposition under which the issuance of the Bonds has been authorized.

ISSUE; BOOK-ENTRY FORM: The Bonds will be issued in the aggregate principal amount of $20,000,000 in the form of fully registered Bonds without coupons. The Bonds will be dated as of as of their original delivery, and will be issued in minimum denominations of $5,000. The Bonds will be issued in a book entry only system with no physical distribution of the Bonds made to the public. The Depository Trust Company, New York, New York (“DTC”), will act as depository for the Bonds which will be immobilized in its custody. The Bonds will be registered in the name of Cede & Co., as nominee for DTC, on behalf of the participants in the DTC system and the subsequent beneficial owners of the Bonds.

MATURITIES: The Bonds will mature, or be subject to mandatory sinking fund redemption, on September 1 in each of the years, and in the amounts, as set forth in the following table. The final principal amount of the Bonds, and the final amount of each maturity

2 of the Bonds, is subject to increase or reduction as described below under the heading “Adjustment of Principal Maturities”. Each bidder must specify in its bid whether, for any particular year, the Bonds will mature or, alternately, be subject to mandatory sinking fund redemption in such year.

Maturity Date
(September 1)
Principal
Amount
Maturity Date
(September 1)
Principal
Amount
PAYMENT PROVISIONS: Interest on the Bonds will be payable on March 1, 2027, and on succeeding March 1 and September 1 (the “Interest Payment Dates”), to the registered owners by check or draft of The Bank of New York Mellon Trust Company, N.A., as paying agent (the “Paying Agent”) or, in the case of the owner of Bonds in an aggregate principal amount of at least $1,000,000, at the written request of such owner by wire transfer. Principal of and premium (if any) on any Bond will be paid upon presentation and surrender thereof at the office of the Paying Agent. Principal, interest and premium (if any) on the Bonds are payable in lawful money of the United States of America.

OPTIONAL REDEMPTION: The Bonds maturing on or before September 1, 2034, are not subject to redemption prior to their respective stated maturities. The Bonds maturing on or after September 1, 2035, are subject to redemption prior to maturity, at the option of the City, in whole or in part among maturities on such basis as designated by the City and by lot within a maturity, from any available source of funds, on September 1, 2034, and on any date thereafter, at a redemption price equal to 100% of the principal amount of Bonds to be redeemed together with accrued interest thereon to the date fixed for redemption, without premium.

SINKING FUND REDEMPTION: Any bidder may, at its option, specify that one or more maturities of the Bonds will consist of term Bonds which are subject to mandatory sinking fund redemption in consecutive years immediately preceding the maturity thereof, as designated in the bid of such bidder. If the bid of the winning bidder specifies that any maturity of Bonds will be term Bonds, such term Bonds will be subject to mandatory sinking fund redemption on September 1 in each year so designated in the bid, in the respective amounts for such years as set forth above under the heading “MATURITIES”, at a redemption price equal to the principal amount thereof to be redeemed together with accrued interest to the redemption date, without premium.

3 SECURITY: The Bonds are general obligations of the City, and the City will direct the appropriate officials of Alameda County to levy ad valorem taxes for the payment of the Bonds and the interest thereon without limitation as to rate or amount for the payment of the Bonds and the interest thereon.

TAX-EXEMPT STATUS: In the opinion of Jones Hall LLP, bond counsel to the City (“Bond Counsel”), interest on the Bonds is excluded from gross income for federal income tax purposes and is not an item of tax preference for purposes of the federal alternative minimum tax. Bidders are referred to the Preliminary Official Statement for a description of the proposed opinion of Bond Counsel. In the further opinion of Bond Counsel, such interest is exempt from California personal income taxes.

If prior to the delivery of the Bonds either (a) the interest on other obligations of the same type and character shall be declared to be taxable (either at the time of such declaration or at any future date) under any federal income tax laws, either by the terms of such laws or by ruling of a federal income tax authority or official which is followed by the Internal Revenue Service, or by decision of any federal court, or (b) any federal income tax law is adopted which will have a substantial adverse effect upon owners of the Bonds as such, the winning bidder for the Bonds may, at its option, prior to the tender of the Bonds, be relieved of its obligation under the contract to purchase the Bonds, and in such case the deposit accompanying its proposal will be returned.

LEGAL OPINION: The legal opinion of Jones Hall LLP, San Mateo, California, approving the validity of the Bonds, will be furnished to the purchaser of the Bonds without cost. A copy of the legal opinion, certified by the official in whose office the original is filed, will be printed on each Bond at the expense of the City.

FURTHER INFORMATION: A copy of the Preliminary Official Statement describing the Bonds, and any other information concerning the proposed financing, will be furnished upon request to the municipal advisor to the City as follows (“Municipal Advisor”): NHA Advisors, LLC, 4040 Civic Center Drive, Suite 200, San Rafael, California 94903, telephone: (415) 785-2025 ext. 2006 (Rob Schmidt) or [email protected], website: www.NHAadvisors.com. The Official Notice of Sale and Preliminary Official Statement are available from the Municipal Advisor.

TERMS OF SALE
RIGHT TO CANCEL, POSTPONE OR RESCHEDULE SALE: The City reserves the right to cancel, postpone or reschedule the sale of the Bonds upon notice delivered via Bloomberg News Service or LSEG TM3. If the sale is postponed, bids will be received at the above place at such date and hour as set forth in the notice. Failure of any bidder to receive such notice or any other form of notice of canceled, postponed or rescheduled sale will not affect the legality or validity of any sale.

SUBMISSION OF BIDS: Bids will be received electronically as described below, provided that such electronic bid must be received no later than the date and time set for receipt of bids.

All bidders, by submitting a bid, acknowledge that they have an established industry reputation for underwriting new issuances of municipal bonds.

4 ELECTRONIC BIDS: Solely as an accommodation to bidders, the City will accept bids in electronic form solely from Ipreo, a KKR portfolio company, through its BiDCOMP Competitive Bid Calculation System and Parity Electronic Bid Submission System (“Ipreo”). For information about Ipreo, bidders may contact Ipreo at 395 Hudson Street, New York, New York 10014, telephone (212) 849-5023. If any provision of this Notice of Sale conflicts with information provided by Ipreo, this Notice of Sale shall control. Each bidder submitting an electronic bid understands and agrees by doing so that it is solely responsible for all arrangements with Ipreo, that the City does not encourage the use of Ipreo, and that Ipreo is not acting as an agent of the City. Instructions for submitting electronic bids must be obtained from Ipreo, and the City does not assume any responsibility for ensuring or verifying bidder compliance with Ipreo procedures.

Ipreo has advised the City that bidders must subscribe to Ipreo if such bidders intend to use Ipreo to submit bids. The City shall be entitled to assume that any bid received via Ipreo has been made by a duly authorized agent of the bidder.

Neither the City, the Municipal Advisor nor Bond Counsel has any responsibility for proper functioning of the Ipreo system, for any error contained in any bid submitted electronically, or for failure of any bid to be transmitted, received or opened at the official time for receipt of bids. The official time for receipt of bids will be determined by the City at the place of bid opening, and the City will not be required to accept the time kept by Parity as the official time. The City assumes no responsibility for informing any bidder prior to the deadline for receiving bids that its bid is incomplete, or not received.

FORM OF BID; MINIMUM PURCHASE PRICE: Each proposal must be for not less than all of the Bonds hereby offered for sale. The purchase price to be paid for the Bonds may not be less than the par value thereof and must include original issue premium equal to the sum of no less than (i) [Estimated COI] PLUS the purchaser’s discount. For example, if the purchaser’s discount is $150,000, the net original issue premium would be no less than $[Estimated COI] + $150,000. No bid will be entertained which provides for original issue premium of less than $[Estimated COI].

DESIGNATION OF INTEREST RATES: Each bidder must specify the rate or rates of interest which the Bonds will bear. The maximum rate bid on any Bonds may not exceed 6.00% per annum. A bidder will be permitted to bid different rates of interest for each maturity of Bonds, but:
 each interest rate specified must be in a multiple of 1/20% or 1/8%;  no Bond may bear more than one rate of interest;
 interest on each Bond will be computed from the date of original delivery to its stated maturity at the interest rate specified in the proposal, payable on the Interest Payment Dates as set forth above; and
 all Bonds maturing at any one time will bear the same rate of interest.

DETERMINATION OF BEST BID: The Bonds will be awarded to the responsible bidder whose bid produces the lowest true interest cost on the Bonds. The true interest cost specified in any bid will be that rate which, when used in computing the present worth of all payments of principal and interest to be paid on all Bonds from the date of original delivery (which is assumed to be August 11, 2026) to their respective maturity dates or mandatory sinking fund

5 redemption dates, produces an amount equal to the purchase price specified in such bid. For purposes of computing the true interest cost represented by any proposal, the purchase price specified in such proposal shall be equal to the par amount of the Bonds plus any premium specified in such proposal, and the true interest cost shall be calculated by the use of a semiannual interval of compounding interest based on the Interest Payment Dates for the Bonds. Each proposal should include net original issue premium, equal to the sum of no less than [$Estimated COI] PLUS the purchaser’s discount See “Form of Bid; Minimum Purchase Price” above.

ADJUSTMENT OF PRINCIPAL MATURITIES: In order to achieve the financial goals of the City, the City may need to adjust the schedule of principal maturities for the Bonds based on the bids that are received. Therefore, the City reserves the right to increase or decrease the principal amount of any maturity of the Bonds (or, in the case of the term Bonds, the principal amount thereof which is subject to mandatory sinking fund redemption on September 1 in any year). The aggregate principal amount of the Bonds may be reduced as a result of such adjustment, in an amount not exceeding 10% of the amount of Bonds hereby offered for sale.

Notice of such increase or decrease shall be given to the winning bidder as soon as practicable following the notification of award, as described below. The City will attempt to maintain total underwriter compensation when adjusting maturities. No such adjustment will have the effect of altering the basis upon which the best bid is determined.

RIGHT OF REJECTION: The City reserves the right, in its discretion, to reject any and all bids and to the extent not prohibited by law to waive any irregularity or informality in any bid.

PROMPT AWARD: An authorized representative of the City will accept the best responsible bid for the purchase of the Bonds by notice to the winning bidder. If two or more bids setting forth identical interest rates and premium, if any, are received, such officer may exercise discretion and judgment in making the award and may award the Bonds on a pro rata basis in such denominations as he or she determines. Such authorized representative of the City may also reject any and all bids and waive any irregularity or informality in any bid. Sale of the Bonds will be awarded or all bids will be rejected not later than 24 hours after the expiration of the time prescribed for the receipt of proposals unless such time of award is waived by the winning bidder; provided, that the award may be made after the expiration of the specified time if the bidder does not notify the City in writing of the withdrawal of its proposal.

PLACE OF DELIVERY; CANCELLATION FOR LATE DELIVERY: It is expected that the Bonds will be delivered to DTC for the account of the winning bidder on August 11, 2026. The winning bidder has the right, at the winning bidder’s option, to cancel the contract of purchase if the Bonds are not tendered for delivery within 60 days from the date of the sale thereof, and in such event the winning bidder shall be entitled to the return of the deposit accompanying its bid.

NO GOOD FAITH DEPOSIT: The City does not require a good faith deposit to be submitted in connection with bids for the Bonds.

PAYMENT OF PURCHASE PRICE: The winning bidder will be required to pay the purchase price of the Bonds in funds that are immediately available to the City. Such payment shall be made on the date of original delivery of the Bonds to DTC.

STATEMENT OF TRUE INTEREST COST: Each bidder is requested, but not required, to state in its proposal the percentage true interest cost represented by its proposal, determined as

6 described above, which will be considered as informative only and not binding on either the bidder or the City.

ESTABLISHMENT OF ISSUE PRICE: (a) The winning bidder shall assist the City in establishing the issue price of the Bonds and shall execute and deliver to the City at closing an “issue price” or similar certificate setting forth the reasonably expected initial offering price to the public of the Bonds, together with the supporting pricing wires or equivalent communications, substantially in the form attached hereto as Exhibit 1, with such modifications as may be appropriate or necessary, in the reasonable judgment of the winning bidder, the City and Bond Counsel. All actions to be taken by the City under this Notice of Sale to establish the issue price of the Bonds may be taken on behalf of the City by the City’s municipal advisor identified herein and any notice or report to be provided to the City may be provided to the City’s municipal advisor.

(b) The City intends that the provisions of Treasury Regulation Section 1.148- 1(f)(3)(i) (defining “competitive sale” for purposes of establishing the issue price of the Bonds) will apply to the initial sale of the Bonds (the “competitive sale requirements”) because:
(1) the City shall disseminate this Notice of Sale to potential underwriters in a manner that is reasonably designed to reach potential underwriters; (2) all bidders shall have an equal opportunity to bid; (3) the City may receive bids from at least three underwriters of municipal bonds who have established industry reputations for underwriting new issuances of municipal bonds; and
(4) the City anticipates awarding the sale of the Bonds to the bidder who submits a firm offer to purchase the Bonds at the highest price (or lowest interest cost), as set forth in this Notice of Sale.

Any bid submitted pursuant to this Notice of Sale shall be considered a firm offer for the purchase of the Bonds, as specified in the bid. By submitting a bid for the Bonds, each bidder certifies that it has an established industry reputation for underwriting new issuances of municipal bonds. The City will not accept bids from firms without an established industry reputation for underwriting new issuances of municipal bonds. (c) In the event the City receives less than three bids that conform to the parameters contained herein such that the competitive sale requirements are not satisfied, the City intends to treat the initial offering price of each maturity of the bonds set forth in the bid submitted by the winning bidder (the “initial offering price”) as the issue price of that maturity (the "hold-the- offering-price rule"). Consequently, each bidder should assume for purposes of making its bid that for each maturity of the Bonds, the City will treat the initial offering prices as of the date that the Bonds are awarded by the City to the successful bidder ("sale date") as the issue price of the Bonds. The City will advise the winning bidder within one hour of receipt of bids if the hold- the-offering-price rule will apply. In the event that the competitive sale requirements are not satisfied and issue price is established pursuant to the hold-the-offering-price rule, the issue price certificate shall be modified as necessary in the reasonable judgment of Bond Counsel and the City.

7 (d) By submitting a bid, the successful bidder shall, on behalf of the underwriters participating in the purchase of the Bonds, (i) confirm that the underwriters have offered or will offer each maturity of the Bonds to the public on or before the sale date at the initial offering price set forth in the bid submitted by the winning bidder, and (ii) agree that the underwriters will neither offer nor sell any maturity of the Bonds to any person at a price that is higher than the initial offering price for such maturity during the period starting on the sale date and ending on the earlier of the following:
(1) the close of the fifth business day after the sale date; or (2) the date on which the underwriters have sold at least 10% of that maturity of the Bonds to the public at a price that is no higher than the initial offering price for such maturity.

The winning bidder shall promptly advise the City when the underwriters have sold 10% of that maturity of the Bonds to the public at a price that is no higher than the initial offering price if that occurs prior to the close of the fifth (5th) business day after the sale date. (e) The City acknowledges that, in making the representation set forth above, the successful bidder will rely on (i) the agreement of each underwriter to comply with the hold-the- offering-price rule, as set forth in an agreement among underwriters and the related pricing wires, (ii) in the event a selling group has been created in connection with the initial sale of the Bonds to the public, the agreement of each dealer who is a member of the selling group to comply with the hold-the-offering-price rule, as set forth in a selling group agreement and the related pricing wires, and (iii) in the event that an underwriter is a party to a retail distribution agreement that was employed in connection with the initial sale of the Bonds to the public, the agreement of each broker-dealer that is a party to such agreement to comply with the hold-the- offering-price rule, as set forth in the retail distribution agreement and the related pricing wires.

The City further acknowledges that each underwriter shall be solely liable for its failure to comply with its agreement regarding the hold-the-offering-price rule and that no underwriter shall be liable for the failure of any other underwriter, or of any dealer who is a member of a selling group, or of any broker-dealer that is a party to a retail distribution agreement to comply with its corresponding agreement regarding the hold-the-offering-price rule as applicable to the Bonds.
(f) By submitting a bid, each bidder confirms that:
(1) any agreement among underwriters, any selling group agreement and each retail distribution agreement (to which the bidder is a party) relating to the sale of the Bonds to the public, together with the related pricing wires, contains or will contain language obligating each underwriter, each dealer who is a member of the selling group, and each broker-dealer that is a party to such retail distribution agreement, as applicable, to
(A) report the prices at which it sells to the public the Bonds of each maturity allotted to it until it is notified by the successful bidder that either the 10% test has been satisfied as to the Bonds of that maturity or all Bonds of that maturity have been sold to the public and
(B) comply with the hold-the-offering-price rule, if and for so long as directed by the successful bidder and in the related pricing wires, and

8 (2) any agreement among underwriters relating to the sale of the Bonds to the public, together with the related pricing wires, contains or will contain language obligating each underwriter that is a party to a retail distribution agreement to be employed in connection with the initial sale of the Bonds to the public to require each broker-dealer that is a party to such retail distribution agreement to (A) report the prices at which it sells to the public the unsold Bonds of each maturity allotted to it until it is notified by the successful bidder or such underwriter that either the 10% test has been satisfied as to the Bonds of that maturity or all Bonds of that maturity have been sold to the public and (B) comply with the hold-the-offering-price rule, if and for so long as directed by the successful bidder or such underwriter and as set forth in the related pricing wires.

Sales of any Bonds to any person that is a related party to an underwriter shall not constitute sales to the public for purposes of this Official Notice of Sale. (g) For purposes of this Official Notice of Sale:
(1) "public" means any person (including an individual, trust, estate, partnership, association, company, or corporation) other than an underwriter or a related party,
(2) "underwriter" means (A) any person that agrees pursuant to a written contract with the City (or with the lead underwriter to form an underwriting syndicate) to participate in the initial sale of the Bonds to the public and (B) any person that agrees pursuant to a written contract directly or indirectly with a person described in clause (A) to participate in the initial sale of the Bonds to the public (including a member of a selling group or a party to a retail distribution agreement participating in the initial sale of the Bonds to the public),
(3) a purchaser of any of the Bonds is a "related party" to an underwriter if the underwriter and the purchaser are subject, directly or indirectly, to (A) at least 50% common ownership of the voting power or the total value of their stock, if both entities are corporations (including direct ownership by one corporation of another), (B) more than 50% common ownership of their capital interests or profits interests, if both entities are partnerships (including direct ownership by one partnership of another), or (C) more than 50% common ownership of the value of the outstanding stock of the corporation or the capital interests or profit interests of the partnership, as applicable, if one entity is a corporation and the other entity is a partnership (including direct ownership of the applicable stock or interests by one entity of the other), and In addition, the City reserves the right to cancel the public sale of the Bonds if the City receives fewer than three bids that conform to the parameters contained herein such that the competitive sale requirements are not satisfied.

NO LITIGATION: There is no litigation pending concerning the validity of the Bonds, the corporate existence of the City or the entitlement of the officers thereof to their respective

9 offices, and the purchaser will be furnished a no-litigation certificate certifying to the foregoing as of and at the delivery of the Bonds.

CUSIP NUMBERS: It is anticipated that CUSIP numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bonds nor any error with respect thereto will constitute cause for a failure or refusal by the purchaser to accept delivery of and pay for the Bonds in accordance with the terms hereof. All expenses in relation to the printing of CUSIP numbers on the Bonds will be paid for by the City, except that the CUSIP Service Bureau charge for the assignment of said numbers will be the responsibility of and shall be paid for by the purchaser.

CALIFORNIA DEBT AND INVESTMENT ADVISORY COMMISSION FEES: All fees payable to the California Debt and Investment Advisory Commission in connection with the issuance of the Bonds are the sole responsibility of the purchaser of the Bonds.

OFFICIAL STATEMENT: The City has approved a preliminary Official Statement relating to the Bonds. Copies of such preliminary Official Statement will be distributed to any bidder, upon request, prior to the sale in a form “deemed final” by the City for purposes of Rule 15c2-12 under the Securities Exchange Act of 1934 (the “Rule”). Within seven business days from the sale date, the City will deliver to the purchaser copies of the final Official Statement, executed by an authorized representative of the City and the City and dated the date of delivery thereof to the purchaser, in sufficient number to allow the purchaser to comply with paragraph (b)(4) of the Rule and to satisfy the Municipal Securities Rulemaking Board (the “MSRB”) Rule G-32 or any other rules adopted by the MSRB, which shall include information permitted to be omitted by paragraph (b)(1) of the Rule and such other amendments or supplements as are been approved by the City (the “Final Official Statement”). The purchaser agrees that it will not confirm the sale of any Bonds unless the confirmation of sale is accompanied or preceded by the delivery of a copy of the Final Official Statement. Upon request, the City will furnish to the winning bidder, at no charge, not in excess of 10 copies of the Official Statement for use in connection with any resale of the Bonds.

CERTIFICATE REGARDING OFFICIAL STATEMENT: A responsible officer of the City will certify to the original purchaser of the Bonds, as a condition of closing, that based on such officer’s participation in the preparation of the Official Statement, nothing has come to his or her attention to lead him or her to believe that the Official Statement (except for certain financial statements, statistical data and other information) contains any untrue statement of a material fact or omits to state any material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading.

CONTINUING DISCLOSURE. In order to assist bidders in complying with S.E.C. Rule 15c2- 12(b)(5), the City will execute and deliver a Continuing Disclosure Certificate, under which the City undertakes to provide certain annual financial information and notices of the occurrence of certain events, if material. A description of this undertaking is set forth in the preliminary Official Statement and will also be set forth in the final Official Statement. Such Continuing Disclosure Certificate will be a document required to be delivered at closing by the City, and the failure by the City to deliver such document in form and substance acceptable to Bond Counsel and the winning bidder will relieve the winning bidder of its obligation to purchase the Bonds.

ACKNOWLEDGEMENT OF NO FIDUCIARY DUTY. The City acknowledges and agrees that (i) the purchase and sale of the Bonds is an arm’s-length commercial transaction between the City and the underwriter, (ii) in connection with such transaction, the underwriter is acting solely as a

10 principal and not as an advisor, (including, without limitation, a Municipal Advisor (as such term is defined in Section 975(e) of the Dodd-Frank Wall Street Reform and Consumer Protection Act)), agent or a fiduciary of the City, (iii) the underwriter has not assumed (individually or collectively) a fiduciary responsibility in favor of the City with respect to the offering of the Bonds or the process leading thereto (whether or not the underwriter, or any affiliate of an underwriter, has advised or is currently advising the City on other matters) or any other obligation to the City except as described in this Notice of Sale, (iv) the underwriter has financial and other interests that differ from those of the City and (v) the City has consulted with its own legal and municipal advisors to the extent it deemed appropriate in connection with the offering of the Bonds.

GIVEN by order of the City Council of the City of Berkeley by a resolution adopted on June 30, 2026.

EXHIBIT A
The undersigned, on behalf of [NAME OF UNDERWRITER] (“Underwriter”), hereby certifies as set forth below with respect to the sale of the above-captioned obligations (the “Bonds”).

1. Reasonably Expected Initial Offering Price.
(a) As of the Sale Date, the reasonably expected initial offering prices of the Bonds to the Public by Underwriter are the prices listed in Schedule A (the “Expected Offering Prices”). The Expected Offering Prices are the prices for the Maturities of the Bonds used by the Underwriter in formulating its bid to purchase the Bonds. Attached as Schedule B is a true and correct copy of the bid provided by Underwriter to purchase the Bonds.
(b) Underwriter was not given the opportunity to review other bids prior to submitting its bid.
(c) The bid submitted by Underwriter constituted a firm offer to purchase the Bonds.

2. Defined Terms.
(a) Issuer means the City of Berkeley.
(a) Maturity means Bonds with the same credit and payment terms. Bonds with different maturity dates, or Bonds with the same maturity date but different stated interest rates, are treated as separate Maturities.
(b) Public means any person (including an individual, trust, estate, partnership, association, company, or corporation) other than an Underwriter or a related party to an Underwriter. The term “related party” for purposes of this certificate generally means any two or more persons who have greater than 50 percent common ownership, directly or indirectly.
(c) Sale Date means the first day on which there is a binding contract in writing for the sale of a Maturity of the Bonds. The Sale Date of the Bonds is July 28, 2026.
(d) Underwriter means (i) any person that agrees pursuant to a written contract with the Issuer (or with the lead underwriter to form an underwriting syndicate) to participate in the initial sale of the Bonds to the Public, and (ii) any person that agrees pursuant to a written contract directly or indirectly with a person described in clause (i) of this paragraph to participate in the initial sale of the Bonds to the Public (including a member of a selling group or a party to a retail distribution agreement participating in the initial sale of the Bonds to the Public).

The representations set forth in this certificate are limited to factual matters only.

Nothing in this certificate represents Underwriter’s interpretation of any laws, including specifically Sections 103 and 148 of the Internal Revenue Code of 1986, as amended, and the Treasury Regulations thereunder. The undersigned understands that the foregoing information will be relied upon by the Issuer with respect to certain of the representations set forth in the Certificate of Arbitrage and with respect to compliance with the federal income tax rules affecting the Bonds, and by Jones Hall LLP in connection with rendering its opinion that the interest on the Bonds is excluded from gross income for federal income tax purposes, the preparation of the Internal Revenue Service Form 8038-G, and other federal income tax advice that it may give to the Issuer from time to time relating to the Bonds.
[UNDERWRITER]
By:_______________________________
Name:____________________________
Dated: [ISSUE DATE]

SCHEDULE A

EXPECTED OFFERING PRICES
Maturity Date Principal Interest Reoffering
(September 1) Amount Rate Price *
$ % %
* Stated as a percentage of par.

SCHEDULE B
COPY OF UNDERWRITER’S BID
(attached)

Note: Publication governed by Gov. Code §53692:
53692. In addition to any other requirement imposed by law, at least 15 days prior to the sale of any public securities that exceed one million dollars ($1,000,000) but do not exceed ten million dollars ($10,000,000) at a public sale and at least five days prior to the sale of any public securities that exceed ten million dollars ($10,000,000) at a public sale, an issuer shall publish notice of the intention to sell the securities in a financial publication generally circulated throughout the state or reasonably expected to be disseminated among prospective bidders for the securities. The notice shall include the date, time, and place of the intended sale and the amount of the securities to be sold.

NOTICE OF INTENTION TO SELL BONDS
APPROXIMATELY $20,000,000

CITY OF BERKELEY
(Alameda County, California)
2026 GENERAL OBLIGATION BONDS
(2016 ELECTION: INFRASTRUCTURE AND FACILITIES IMPROVEMENTS) NOTICE IS HEREBY GIVEN by the City Council of the City of Berkeley (the “City”), that bids will be received by a representative of the City for the purchase of approximately $20,000,000 principal amount of bonds of the City designated the “City of Berkeley 2026 General Obligation Bonds (2016 Election: Infrastructure and Facilities Improvements)” (the “Bonds”). Bids will be received in electronic form on BiDCOMPTM/Parity® (“Parity”) on:

Tuesday, July 28, 2026
at 8:30 a.m. Pacific Time. The City reserves the right to postpone or change the time or sale date upon notice delivered via Bloomberg News Service or Thomson Municipal Market Monitor (www.tm3.com). Further information, including copies of the preliminary Official Statement and Official Notice of Sale may be obtained from the City’s municipal advisor, NHA Advisors, LLC, telephone: (415) 785-2025 ext. 2006 (Rob Schmidt) or [email protected].

GIVEN by order of the City Council of the City of Berkeley by a resolution adopted on June 30, 2026.

ACTION CALENDAR
June 30, 2026
To: Honorable Members of the City Council
From: Councilmember Lunaparra (Author), Councilmember Tregub (cosponsor) Subject: Placing an Initiative Ordinance Amending the Rent Stabilization Ordinance on the November 3, 2026 Ballot

RECOMMENDATION
1) Adopt a Resolution submitting the Initiative Ordinance Amending the Rent Stabilization Ordinance to a vote of the people at the November 3, 2026 General Municipal Election. 2) Designate, by motion, specific members of the Council to file ballot measure arguments on this measure as provided for in Elections Code Section 9282.

CURRENT SITUATION AND ITS EFFECTS
Berkeley’s Rent Stabilization ordinance provided the gold standard of tenant protections when it was passed in 1980. In 2024, the Berkeley voters passed the Berkeley Tenant Protection and Right to Organize Act, which amended Berkeley’s laws to align with the current, dire needs of Berkeley residents and new best practices adopted by other municipalities. Since then, stakeholders have identified several areas of the ordinance that require further revision, mostly related to nonsubstantive or administrative amendments.

This proposed Initiative Ordinance:
● Corrects typos, clarifies language, and deletes obsolete sections ● Makes administrative changes to increase efficiency
● Authorizes the Rent Board to the Board adopt regulations to waive or reduce fees for a residential property leased or controlled by certain 501(c)(3) nonprofit organizations.
● Lowers the threshold of property size where the presence of a property management company is required for the Right to Organize to apply from 10 units to 5 units.
● Sets a maximum periodic rent increase, regardless of banked AGAs, tied to the maximum allowed under state law (currently 10%).
● Requires certain landlords to provide a written notice of exemption in order to maintain their exemption, for tenancies beginning after the passage of this Initiative Ordinance.

The proposed amendments have been reviewed by the City Attorney’s Office and the Rent Stabilization Board Legal Department. They were also discussed at the 4x4 Joint Task Force Committee on Housing meeting of April 17, 2026 and the Rent Stabilization Board meetings of March 23, 2026 and May 28, 2026.

BACKGROUND
This Initiative Ordinance would amend Berkeley’s rent stabilization and eviction ordinance, codified in Chapter 13.76 of the Municipal Code by accomplishing the following:

Section Page #
(Exhibit A)
Description

13.76.020.H 1 Corrects typographic error.

13.76.050.B 2-3 Clarifies definitions of newly constructed rental unit and separately alienable dwelling unit to exclude units subject to a Civil Code section 1954.52(b) agreement.

13.76.050.C.9 5 Conditions Golden Duplex exemption on providing written notice of exemption for tenancies after
November 3, 2026.

Proposed

13.76.050.D
5 Creates a prohibition on a unit exemption applying to a sitting tenancy.

13.76.080.B 5-6 Removes requirement that Initial Registration Statement must always include Pre-Costa Hawkins
tenancy information.

13.76.080.E 6 Applies vacancy registration requirement to fully covered units only.

13.76.080.G 7 Changes registration fee deadline to September 30.

13.76.080.J 7 Removes reference to July 1 registration deadline.

13.76.080.M 7 Removes reference to July 1 registration deadline.

Proposed

13.76.080.N
7-8 Creates Paperless Billing requirement for landlords with 5 or more rental units.

Proposed

13.76.080.O
8 Authorizes the Rent Board to the Board adopt
regulations to waive or reduce fees for a residential
property leased or controlled by certain 501(c)(3)
nonprofit organizations.

13.76.110.D 9 Removes reference to July 1 registration deadline.

13.76.110.E 9 Strikes obsolete section.

Proposed

13.76.110.F
9 Sets a maximum periodic rent increase, regardless of
banked AGAs, tied to the maximum allowed under state
law (currently 10%).

13.76.130.A.2 10 Corrects typographic error.

13.76.130.A.6 12 Corrects typographic error.

13.76.130.A.8(l) 15 Corrects typographic error.

13.76.130.A.8(p) 16-17 Clarifies OMI relocation benefits release process.

Corrects typographic error.

13.76.130.A.9 18 Clarifies non-substantive header for Just Cause related to expiration of the temporary lease of the landlord’s
primary residence.

13.76.135.A 19-20 Lowers the threshold of property size where the presence of a property management company is

required for the Right to Organize to apply from 10
units to 5 units.

Clarifies that a Tenant Association remains valid after a property management company no longer manages the
property.

13.76.135.C 20 Corrects typographic error
Additionally, according to California Elections Code 9282 (b), measures placed on the ballot by the legislative body, or a member or members of the legislative body authorized by that body, or an individual voter who is eligible to vote on the measure, or bona fide association of citizens, or a combination of voters and associations, may file a written argument for or against any city measure.

ENVIRONMENTAL SUSTAINABILITY
Creating a Paperless Billing requirement for landlords with 5 or more rental units will have a positive impact on the environment by reducing the use of paper.

FISCAL IMPACTS
No direct fiscal impacts related to the recommended action to place the initiative ordinance on the ballot. In general, election services have seen a steep increase since 2018, with the City’s first million-dollar election in 2020. In addition, the number of measures placed on the ballot, and the length of the measures, are the primary driving factors in the fluctuation of election costs.

Attachments:

1. Resolution Submitting to the Berkeley Electorate an Initiative Ordinance Amending the Rent Stabilization Ordinance for the November 3, 2026 Ballot Exhibit A: Text of Measure

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

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

SUBMITTING TO THE BERKELEY ELECTORATE AN INITIATIVE ORDINANCE AMENDING THE RENT STABILIZATION ORDINANCE FOR THE NOVEMBER 3, 2026 BALLOT WHEREAS, the Berkeley City Council has elected to submit to the voters at the November 3, 2026 General Municipal Election, an Initiative Ordinance Amending the Rent Stabilization Ordinance; and WHEREAS, the Council desires to submit this measure to be placed upon the ballot at the November 3, 2026 General Municipal Election, consistent with the Council’s Resolution No. 72,236-N.S., adopted on April 21, 2026, calling for a General Municipal Election to be consolidated with said statewide election; and
WHEREAS, Council Resolution No. 72,236-N.S. adopted the provisions of Elections Code Section 9285(a) providing for the filing of rebuttal arguments for City ballot measures, pursuant to Elections Code Section 9285(b).

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Berkeley that an Initiative Ordinance Amending the Rent Stabilization Ordinance (“Measure”), the full text of which is attached hereto as Exhibit A, shall be placed before the voters at the election on November 3, 2026.

BE IT FURTHER RESOLVED that the City of Berkeley hereby requests that the Alameda County Board of Supervisors permit the Registrar of Voters of Alameda County to perform services in connection with said election at the request of the City Clerk. These services are to include all necessary services related to official ballot creation, sample ballot and voter information pamphlet preparation, vote-by-mail, polling places, poll workers, voter registration, voting machines, canvass operations, and any and all other services necessary for the conduct of the consolidated election.

BE IT FURTHER RESOLVED that the Board of Supervisors of Alameda County is hereby requested to include on the ballots and sample ballots the Measure enumerated above to be voted on by the voters of the qualified electors of the City of Berkeley, and that ballots for the election shall be provided in the form and in the number provided by law. Voters shall be provided an opportunity to vote for or against the Measure on the ballot, in accordance with procedures to be adopted by the authorized officers of the County
BE IT FURTHER RESOLVED that the Measure requires a simple majority vote threshold for passage.

BE IT FURTHER RESOLVED that the full text of the Measure shall be printed in the Voter Information Pamphlet mailed to all voters in the City of Berkeley.

BE IT FURTHER RESOLVED that the City Clerk is hereby directed to cause the posting, publication and printing of notices, pursuant to the requirements of the Charter of the City of Berkeley, the Government Code, and the Elections Code of the State of California, and to file a certified copy of this Resolution, including all exhibits, no later than the close of business on August 7, 2026, with the County Registrar of Voters and the Clerk of the County Board of Supervisors.

BE IT FURTHER RESOLVED that the City Clerk is hereby directed to obtain printing, supplies, and services as required.

BE IT FURTHER RESOLVED that the City Clerk is hereby authorized to enter into any contracts necessary for election consulting services, temporary employment services, printing services, and any such other supplies and services as may be required by the statutes of the State of California and the Charter of the City of Berkeley for the conduct of the November General Municipal Election.

BE IT FURTHER RESOLVED that the City will reimburse the Registrar of Voters for the costs associated with placing the Measure on the ballot.

BE IT FURTHER RESOLVED that the Mayor, the City Manager, the Finance Director, the City Attorney and the City Clerk, and any of their designees, are hereby authorized to execute any documents and to perform all acts necessary to place the Measure on the ballot, and to make any changes to the text of the Measure, or the statement of the Measure to conform to any legal requirements of the County Registrar, in order to cause the election to be held and conducted in the City.

BE IT FURTHER RESOLVED that the City Council directs the City Clerk to transmit a copy of the Measure to the City Attorney, who shall prepare an impartial analysis of the Measure showing the effect of the Measure on the existing law and the operation of the Measure. The impartial analysis shall be filed by the date set by the City Clerk for the filing of primary arguments.

BE IT FURTHER RESOLVED that the filing of ballot arguments shall conform to the manner and schedule established by Resolution No. 72,236-N.S., adopted on April 21, 2026.

BE IT FURTHER RESOLVED that the City Council, having reviewed the Measure, hereby finds that this action is not subject to the California Environmental Quality Act ("CEQA") because it involves a legislative proposal to amend various provisions of the Rent Stabilization Ordinance and it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.

BE IT FURTHER RESOLVED that this Resolution shall take effect from and after the date of its passage and adoption.

BE IT FURTHER RESOLVED that the City Clerk shall certify to the passage and adoption thereof.

Exhibits
A: Text of Ordinance

1 The People of the City of Berkeley do ordain as follows:

Section 1. Section 13.76.020 of the Berkeley Municipal Code is amended to read as follows:

13.76.020 Findings.

A.  On June 5, 1973, the City Council (hereinafter, "Council") declared the existence of a housing emergency in the City of Berkeley (hereinafter, "the City"), based upon Council’s finding of a pattern of steadily rising rents, a shortage of decent housing and an increased deterioration of the existing housing stock in the City.

B.  On November 27, 1979, the Council passed an ordinance establishing a temporary rent stabilization program, effective until June 30, 1980.

C.  In 1980, the People of Berkeley passed the Rent Stabilization and Eviction for Good Cause Ordinance, establishing the registration of rental units, the regulation of rental increase amounts, and the requirement for a landlord to provide good cause prior to terminating a tenancy.

D.  In 1995, the California Legislature enacted the Costa-Hawkins Rental Housing Act, which prohibited the ability of local governments to control the rental amount on a rental unit at the commencement of a new tenancy and to control the rental amount in single family homes or rental units with an initial Certificate of Occupancy issued after February 1, 1995. As a result of the Costa-Hawkins Rental Housing Act, many rental units became unaffordable to Berkeley residents.

E.  The City continues to experience a severe housing shortage and an unprecedented increase in the number of residents experiencing housing hardships. According to data from the United States Census Bureau, in 2019, 53% of Berkeley renter households were "rent burdened," paying more than 30% of their household income towards rent.

F.  Due to the continuance of the housing emergency which existed when the voters of Berkeley first enacted this Chapter, the Berkeley Rent Stabilization Board (hereinafter, "Board") finds that reasonable regulation of aspects of the landlord- tenant relationship is necessary to foster constructive communication, maintain an adequate supply of a variety of rental housing options, and protect the health, safety, and general welfare of the public.

G.  Because the People of Berkeley have periodically updated this Chapter through various updates, the Board finds a need to enact non-substantive changes to this Chapter in 2024 in order to make the provisions of this Chapter more consistent with modern usage and clarity.

H.  Pursuant to California Civil Code Section 1946.2(g)(1)(B), the Board finds that this Chapter is more protective than the provisions of California Civil Code Section 1946.2.

The just cause for termination of a residential tenancy under this Chapter is consistent with California Civil Code Section 1946.2; however, this Chapter further limits the reasons for termination of a residential tenancy, and provides for higher relocation

2 assistance amounts in the event of a termination.

Section 2. Section 13.76.050 of the Berkeley Municipal Code is amended to read as follows:

13.76.050 Applicability.

A.  All sections of this Chapter shall apply to all real property that is being rented or is available for rent for residential use in whole or in part, except for the following as provided in this section.

B.  The following rental units are Partially-covered units:

1.  Newly Constructed Rental Units.
(a) A rental unit created after June 30, 1980. For purposes of this partial exemption, the date a unit was created is based upon the date of the first certificate of occupancy issued for the subject unit.

However, in the event of the repeal or amendment of Civil Code Section 1954.52 such that "certificate of occupancy" is no longer the operative standard set forth under state law, the date a unit was created shall be determined by the final inspection approval by the City. A rental unit shall only be deemed newly constructed for fifteen years after the date of final inspection approval by the City.
(b) The following units are not partially-covered as “newly constructed rental units” and, unless otherwise exempt, shall be covered by all provisions of this Chapter to the extent that state or local law permits:
(i) Notwithstanding any provision in this Chapter and to the extent that state or local law permits, aAny residential rental units created as a result of demolition or replacement to replace units that were demolished due to where such demolition or replacement is affected via the creation of a "housing development project" as defined in the Housing Crisis Act of 2019 (Senate Bill 330), shall not be exempt as "newly constructed rental units" and, unless otherwise exempt, shall be covered by all provisions of this Chapter.
(ii) As set forth in California Civil Code section 1954.52(b), any residential rental units where the owner has otherwise agreed to be subject to Sections 13.76.100 through 13.76.120 of this Chapter by contract with a public entity in consideration for a direct financial contribution or other forms of assistance specified in Chapter 4.3 (commencing with Section 65915) of Division 1 of Title 7 of the Government Code.

2.  Separately Alienable Rental Units. Rental units in a residential property containing only a Single Family Dwelling (as defined in Subtitle 23F.04 of the Zoning Ordinance),

3 unless the tenancy commenced before January 1, 1996. This partial exemption shall apply only as long as the pertinent provisions of California Civil Code Section 1954.50 et. seq. ("Costa-Hawkins") remain in effect and require such an exemption.

As set forth in California Civil Code section 1954.52(b), any residential rental units where the owner has otherwise agreed to be subject to Sections 13.76.100 through

13.76.120 of this Chapter by contract with a public entity in consideration for a direct financial contribution or other forms of assistance specified in Chapter 4.3 (commencing with Section 65915) of Division 1 of Title 7 of the Government Code are not partially-covered as “separately alienable rental units” and, unless otherwise exempt, shall be covered by all provisions of this Chapter to the extent that state or local law permits.

3.  Government-Owned or Government-Subsidized Rental Units. Rental units which a government agency or authority owns, operates, manages, or in which governmentally subsidized tenants reside to the extent that applicable Federal law, State law, or administrative regulation specifically exempts such units from local or municipal price control. Such rental units shall be subject to all provisions of this Chapter except those from which applicable Federal law, State law, or administrative regulation specifically exempts the rental units.

C.  The following rental units are Fully-exempt units:

1.  Short-Term Transient Rentals. Rental units which are rented primarily to transient guests for use or occupancy less than fourteen consecutive days in establishments such as hotels, motels, inns, tourist homes, and rooming and boarding houses.

However, the payment of rent every fourteen days or less shall not by itself exempt any unit from coverage by this Chapter.

2.  Co-op Rental Units. Rental units in nonprofit cooperatives owned and controlled by a majority of the residents.

3.  Rental Units in Health Facilities. Rental units in any hospital, skilled nursing facility, health facility, asylum, or non-profit home for older persons.

For the purposes of this Subsection, the following definitions apply:
"Skilled nursing facility" means a health facility or a distinct part of a hospital which provides the following basic services: skilled nursing care and supportive care to patients whose primary need is for availability of skilled nursing care on an extended basis. It provides 24-hour inpatient care and, as a minimum, includes medical, nursing, dietary, pharmaceutical services and an activity program. The facility shall have effective arrangements, confirmed in writing, through which services required by the patients, but not regularly provided within the facility, can be obtained promptly when needed.
"Health facility" means any facility, place or building which is organized, maintained and operated for the diagnosis, care and treatment of human illness, physical or mental, including convalescence and rehabilitation and including care during and after

4 pregnancy, or for any one or more of these purposes, for one or more persons, to which such persons are admitted for a 24-hour stay or longer.

4.  Owner-Occupied Shared Rental Units. A rental unit in a residential property where the landlord shares kitchen or bath facilities with the tenant(s) of such rental unit and where the landlord occupied a unit in the same property as his/her principal residence at the inception of the tenancy.

For the purposes of this subsection, the term landlord shall be defined only as the owner of record holding at least 50% interest in the property.

5.  Fraternities and Sororities. A rental unit or room which is rented by an active member of a fraternity or sorority recognized by the University of California Berkeley, or a rental unit or room which is rented by an active member of a fraternity or sorority identified by Rent Board Resolution. To qualify for the exemption, the rental unit must be owned by the fraternity or sorority or by an entity whose sole purpose is the maintenance and operation of the fraternity or sorority’s rental units for the benefit of the members in order to provide housing to said members at cost.

6.  Accessory Dwelling Units. Rental units in a residential property containing only a Single Family Dwelling (as defined in Subtitle 23F.04 of the Zoning Ordinance) and one lawfully established and fully permitted Accessory Dwelling Unit where the landlord also occupies a unit in the same property as his/her principal residence. This subsection (13.76.050) shall only apply to properties containing a single Accessory Dwelling Unit, shall only apply to units compliant with all applicable requirements of Chapter 23C.24 ("Accessory Dwelling Units"), and shall only apply to tenancies created after November 7, 2018.

7.  Shelters and Transitional Housing. Rental units in a facility owned or leased by an organization exempt from federal income taxes under Section 501(c)(3) of the Internal Revenue Code that has the primary purpose of operating a treatment, recovery, therapy, sanctuary or shelter program for qualified clients, where such rental units are provided incident to the client’s participation in the primary program and where the client has been informed in writing of the temporary or transitional nature of the housing at the inception of his or her participation in the program.

However, except as may be preempted by the Transitional Housing Participant Misconduct Act (California Health and Safety Code Sections 50580 et. seq.) or other state or federal law, such rental units shall not be exempted from the requirements of Section 13.76.130, Good Cause Required for Eviction. For purposes of Section

13.76.130(A)(2), the client’s continued eligibility for participation in the treatment, recovery, therapy, sanctuary or shelter program shall be deemed a material term of the client’s rental agreement with the program’s operator.

8.  "Sabbatical Exemption" for Single-Family Homes. A rental unit in a residential property containing only a Single Family Dwelling (as defined in Subtitle 23F.04 of the Zoning Ordinance) and owned by a property owner who:

5 (a)  owns only one residential unit in the City;
(b)  occupied that residential unit for at least 365 consecutive days as their principal residence immediately prior to renting the unit; (c)  is absent from the unit for a period not to exceed 24 months; and (d)  such period is specified in the lease.

9.  Golden Duplex Exemption. A Rrental units in a residential property which is divided into two units where one of the units was owner-occupied on December 31, 1979, and is currently occupied by the landlord as their principal residence.

In order to claim this exemption, the landlord must provide the tenant written notice, in a form prescribed by the Board, as part of their initial rental agreement that the residential property is exempt from this Chapter. If a landlord fails to satisfy this notice requirement, the rental unit shall be non-exempt for the duration of that tenancy.

Rental units which become non-exempt under this provision during the course of that tenancy shall have the provisions of Subsections 13.76.080J and 13.76.100C. applied to them.

For the purposes of this subsection, the term landlord shall be defined only as the owner of record holding at least 50% interest in the property.

D. No Removal of Rights Previously Established. No exemption articulated in subsection C shall apply when the current tenancy commenced prior to the date the unit met all elements of the exemption. This subsection shall not apply to any rental unit deemed exempt prior to November 3, 2026.

Section 3. Section 13.76.080 of the Berkeley Municipal Code is amended to read as follows:

13.76.080 Rent registration.

A.  The Board shall require all landlords to file a rent registration statement with the Board by September 1, 1980 for each rental unit covered by this Chapter, except for Fully-Exempt Units as set forth in Section 13.76.050(C).

B.  Landlords shall provide in their initial rent registration statement the following information:
(1) The address of each rental unit;
(2) The name and address of the landlord(s) and the managing agent, if any; (3) The date on which the landlord received legal title to or equitable interest in the rental unit;
(4) The housing services provided for the rental unit;

6 (5) The rent in effect on June 6, 1978;
(6) The rent in effect on December 30, 1979;
(7) The base rent ceiling;
(8) The lowest rent in effect between June 6, 1978, and the date of the adoption of this Chapter;
(9) The amount of any deposits or other monies in addition to periodic rent demanded or received by the landlord in connection with the use or occupancy of the rental unit;
(10) Whether the rental unit was vacant or occupied on May 31, 1980; (11) Rent in effect on December 31, 1981. on a form provided by the Board.

C.  All rent registration statements provided by landlords in accordance with this Chapter shall include an affidavit signed by the landlord declaring under penalty of perjury that the information provided in the rent registration statement is true and correct.

D.  Notice at Commencement of Tenancy. The landlord of any rental unit subject to this section must give the tenant a written notice on a form prescribed by the Board within 15 days of the commencement of the tenancy. The form shall include the following information:

1.  The existence and scope of this Chapter;

2.  The tenant’s rights to petition against certain rent increases, if applicable;

3.  Whether the landlord is permitted to set the initial rent and subsequent rents during the tenancy without limitation (such as pursuant to California Civil Code Sections 1947.12 and 1954.52); and

4.  Any provisions of this Chapter which the landlord claims the rental unit to be exempt from.

If rental units subject to this Chapter are located in a property with an interior common area that all of the building’s tenants have access to, the landlord must post a notice containing the information in subparagraph (1) and, if applicable to all units at the property, the information in subparagraphs (2) through (4).

All registration statements under this section shall include an affidavit signed by the landlord declaring under penalty of perjury that the landlord has provided this notice at the commencement of the current tenancy. A landlord that has failed to provide a notice pursuant to this subsection shall not be in compliance with this section.

E.  Vacancy Registration. Any landlord who rents a fully-covered unit to a new tenant after January 1, 1996, shall re-register the rental unit with the Board within fifteen (15) days of the commencement of a new tenancy on a form prescribed by the

7 Board. Re-registering the unit shall include providing all current tenancy information as established by the Board’s Regulations.

F.  The Board shall provide forms for the registration information required by this section and shall make other reasonable efforts to facilitate the fulfillment of the requirements set forth in this section.

G.  Starting in 2027, annual registration fees required by this Chapter shall be due and payable on or before September 30 of each year.

Every annual registration fee required by this Chapter which is not paid on or before July 1 the due date is declared delinquent, and the Board shall add to said registration fee and collect a penalty of one hundred percent of the fee so delinquent in addition to the fee. Every six months that the fee and penalty remain delinquent, the penalty shall be increased by one hundred percent of the original fee. The Board may waive the penalty if payment is made within thirty days of the original due date.

A landlord may request the Board to waive all or part of the penalty if the landlord can show good cause for the delinquent payment.

H.  The amount of any registration fee, penalty, and fine imposed by the provisions of this Chapter shall be deemed a debt to the Board.

I.  Within thirty days after the filing of a rent registration statement, the Board shall provide a true and correct copy of said statement to the occupant of the respective unit.

J.  Landlords of formerly exempt units shall register within 60 days of coming under coverage of this Chapter. The registration fee for this first-time registration shall be pro-rated based upon the number of months remaining to the next July 1 annual registration deadline.

K.  No landlord shall be deemed to be in compliance with this Section with respect to a given unit until the landlord has completed registration for all covered units in the same property. Registration shall be deemed complete when all required information has been provided, any notice required by subsection 13.76.080(D) has been provided to the Board, and all outstanding fees and penalties have been paid.

L.  Registration fees shall not be passed along to the tenants without the express, prior approval of the Board. Under no circumstances shall penalties be passed along to tenants.

M.  Landlords of Partially-Covered Units (set forth above in Sections 13.76.050(B)) shall register within 60 days of coming under coverage of this Chapter. The registration fee for this first-time registration shall be pro-rated based upon the number of months remaining to the next July 1 annual registration deadline.

N. Paperless Billing Requirement. The Board may, by regulation, require that registration fees and penalties due under this Section be paid through the Board’s

8 online rent registry. A landlord subject to this requirement must provide the Board a current email address in order to receive billing statements.

O. Notwithstanding any other provision of this Chapter, the Board shall have the authority to adopt regulations to waive or reduce fees owing under this Section for a residential property owned, leased or controlled by an organization exempt from federal income taxes under Section 501(c)(3) of the Internal Revenue Code that contains rental units that are subject to a regulatory agreement with a governmental agency that controls the units' rent levels.

Section 4. Section 13.76.110 of the Berkeley Municipal Code is amended to read as follows:

13.76.110 Annual general adjustment of rent ceilings.

A.  Effective January 1 of each year, the rent ceiling for all rental units covered by this Chapter for which the landlord did not establish an initial rent during the prior calendar year shall be adjusted by 65% of the percentage increase in the Consumer Price Index
for All Urban Consumers (CPI-U) in the San Francisco-Oakland-San Jose region as reported and published by the U.S. Department of Labor, Bureau of Labor Statistics, for the twelve month period ending the previous June 30. In determining the allowable percentage rent increase, numbers of .04 and below shall be rounded down to the nearest tenth decimal place and numbers of .05 and above shall be rounded up to the nearest tenth decimal place. In no event, however, shall the allowable annual adjustment be less than zero (0%) or greater than five percent (5%). The Board shall publish and publicize the annual general adjustment on or about October 31st of each year.

B.  An upward general adjustment in rent ceilings does not automatically provide for a rent increase. Allowable rent increases pursuant to a general upward adjustment shall become effective only after the landlord gives the tenant at least a 30 days written notice of such rent increase and the notice period expires.

C.  If the maximum allowable rent specified under this Chapter for a rental unit is greater than the rent specified for such unit in the rental agreement, the lower rent specified in the rental agreement shall be the maximum allowable rent until the rental agreement expires. If the maximum allowable rent specified under this Chapter for a rental unit is less than the rent specified for such unit in the rental agreement, the lower rent specified under this Chapter shall be the maximum allowable rent.

D.  No rent increase pursuant to an upward general adjustment of a rent ceiling shall be effective if the landlord:

1.  Has continued to fail to comply, after order of the Board, with any provisions of this Chapter and/or orders or regulations issued thereunder;

2.  Has failed to bring the rental unit into compliance with the implied warranty

9 of habitability;

3.  Has failed to make repairs as ordered by the housing inspection services of the; or

4.  Has failed to completely register by July 1, except as provided in Subsection E below the annual deadline.

E.  The amount of an upward general adjustment for which a landlord shall be eligible shall decrease by ten percent (10%) per month for each month beyond October 1 for which the landlord fails to register.

EF.  An owner who has previously been out of compliance with the ordinance, regulations, or applicable housing, health and safety codes, and has been denied Annual General Adjustments, may be granted them prospectively as set forth in Board regulations.

F. Notwithstanding Subsection A above, which establishes the rules associated with rent ceiling increases, a landlord shall not increase the lawful periodic rent charged for any unit in a 12-month period by more than ten percent (10%) for rent increases based on the Annual General Adjustment. In the event Civil Code section 1947.12 or any successor statute establishes a lower maximum rent increase than ten percent (10%), then that lower maximum rent increase shall apply.

Section 5. Section 13.76.130 of the Berkeley Municipal Code is amended to read as follows:

13.76.130 Just cause required for eviction.

A.  No landlord shall be entitled to recover possession of a rental unit covered by the terms of this Chapter unless said landlord shows the existence of one of the following grounds:

1.  Non-payment of Rent. The tenant has failed to pay rent to which the landlord is legally entitled pursuant to the lease or rental agreement and under the provisions of state or local law, unless the tenant has withheld rent pursuant to applicable law; and said failure has continued after service on the tenant of a written notice setting forth the amount of rent then due and requiring it to be paid, within a period, specified in the notice, of not less than three days. Rent that is lawfully withheld pursuant to emergency legislation that authorizes rent withholding during the effective period of a state of emergency applicable in the City shall not constitute grounds for recovery of possession except as expressly provided in the applicable emergency legislation. Emergency legislation adopted during the emergency may prohibit recovery of possession for lawfully withheld rent even after the expiration of a state or local emergency. This subsection shall not constitute grounds where the amount of rent demanded is less than one month of fair market rent for a unit of equivalent size in the metro area Oakland-Fremont, CA HUD Metro FMR

10 as determined by the U.S. Department of Housing and Urban Development for the fiscal year in which the rent is demanded.

2.  Substantial Violation of Material Lease Causing Actual Injury. The tenant has continued, after written notice to cease, to substantially violate any of the material terms of the rental agreement, except the obligation to surrender possession on proper notice as required by law, and provided that such terms are reasonable and legal and have been accepted in writing by the tenant or made part of the rental agreement; and provided further that, where such terms have been accepted by the tenant or made part of the rental agreement subsequent to the initial creation of the tenancy, the landlord shall have first notified the tenant in writing that he or she need not accept such terms or agree to their being made part of the rental agreement.

Material terms of the rental agreement only include those terms of the rental agreement which both parties have expressly agreed upon and do not include any changes of the terms of tenancy, other than the amount of rent owing for the premises, which the landlord has attempted to impose unilaterally under Civil Code Section 827.

In order to assert this ground for eviction, the landlord must demonstrate all of the following: that the tenant’s lease violation caused substantial actual damage to the landlord; and that the tenant’s behavior was unreasonable.

Actual injury must be a direct result of the tenant’s breach of lease and is not limited to physical or personal injury. Substantial actual injury includes but is not limited to the harm caused by a tenant’s failure to comply with income recertification mandated by state or federal statute or regulation for deed- restricted affordable housing units.

Notwithstanding any contrary provision in this Chapter or in the rental agreement, a landlord is not entitled to recover possession of a rental unit under this Subsection where a tenant permits his or her rental unit to be occupied by a subtenant, provided:
(a)  The landlord has unreasonably withheld consent to the subtenancy; and (b)  The tenant remains an actual occupant of the rental unit; and (c)  The number of tenants and subtenants actually occupying the rental unit does not exceed the number of occupants originally allowed by the rental agreement or the Board’s regulations, whichever is greater. (d)  Withholding of consent by the landlord shall be deemed to be unreasonable where:
i.  The tenant’s written request for consent was given at least two weeks prior to commencement of the subtenancy;
ii.  The proposed new subtenant has, upon the landlord’s written request,

11 completed the landlord’s standard form application or provided sufficient information to allow the landlord to conduct a standard background check, including references and credit, income and other reasonable background information; and
iii.  The proposed new subtenant meets the landlord’s customary occupancy qualifications and has not refused the landlord’s request to be bound by the terms of the current rental agreement between the landlord and the tenant; and
iv.  The landlord has not articulated in writing a well-founded reason for refusing consent.

Any notice to cease given pursuant to this Subsection must state allegations in sufficient detail so that a reasonable person would understand the alleged violation and resulting injury, including the specific term of the lease allegedly violated, the date of the alleged violation, and the injury that occurred as a result of the alleged violation.

3.  Substantial Damage to Premises. The tenant has willfully caused or allowed substantial damage to the premises beyond normal wear and tear and has refused, after written notice, to pay the reasonable costs of repairing such damage and cease damaging said premises.

4.  Destruction of Peace. The tenant has continued, following written notice to cease, to be so disorderly as to destroy the peace and quiet of other tenants or occupants of the premises or the tenant is otherwise subject to eviction pursuant to subdivision 4 of Code of Civil Procedure Section 1161.

5.  Refusal of Lawful Access to Unit. The tenant has, after written notice to cease, refused the landlord access to the unit as required by state or local law.

6.  Substantial and Necessary Repairs.
(a)  The landlord, after having obtained all necessary permits from the City, seeks in good faith to undertake substantial repairs which are necessary to bring the property into compliance with applicable codes and laws affecting the health and safety of tenants of the building or where necessary under an outstanding notice of code violations affecting the health and safety of tenants of the building, and where such repairs cannot be completed while the tenant resides on the premises.
(b)  Where such repairs can be completed in a period of 60 or fewer days, and the tenant, within 30 days after the service of a notice of termination of his or her tenancy, agrees in writing to vacate the premises during the period required to complete the repairs at no charge to the landlord, other than abatement of the obligation to pay rent for the premises during the period required to complete the repairs, the landlord may not recover possession pursuant to this Subsection 13.76.130(A)(6) unless the tenant shall fail or refuse to vacate the

12 premises in accordance with such agreement.
(c)  Where the landlord owns any other residential rental units in the City, and any such unit is vacant and available at the time of premises or the entry of a judgment by a court of competent jurisdiction awarding possession of the premises to the landlord, the landlord shall, as a condition of obtaining possession pursuant to this Subsection (13.76.130(A)(6)), notify tenant in writing of the existence and address of each such vacant rental unit and offer tenant the right, at the tenant’s option:
i.  To enter into a rental agreement (to be designated as a "temporary rental agreement") on any available rental unit which the tenant may choose, at a rent not to exceed the lesser of the lawful rent which may be charged for such available rental unit or the lawful rent in effect, at the time of the notice of termination of tenancy, on the unit being vacated, said rental agreement to be for a term of the lesser of ninety days or until completion of repairs on the rental unit being vacated by tenant; or ii.  To enter into a new rental agreement or lease for such an available rental unit at a rent not to exceed the lawful rent which may be charged for such available rental unit.
(d)  Where the landlord recovers possession under this subsection

13.76.130(A)(6)), the tenant must be given the right of first refusal to re-occupy the unit upon completion of the required work. In the event the landlord files an application for an individual rent adjustment within six months following the completion of the work, the tenant shall be a party to such proceeding the same as if he or she were still in possession, unless the landlord shall submit, with such application, a written waiver by the tenant of his or her right to re-occupy the premises pursuant to this Subsection.

7.  Demolition Permit Issued by the City. The landlord, after having obtained all necessary permits from the City of Berkeley, seeks in good faith to recover possession of the rental unit, in order to remove the rental unit from the market by demolition.

8.  Owner Move-in Evictions.
(a)  The landlord seeks in good faith with honest intent and without ulterior motive to recover possession for his/her own use and occupancy as his/her principal residence for a period of at least 36 consecutive months; or
(b)  For the use and occupancy as the principal residence by the landlord’s spouse or by the landlord’s child, or parent for a period of at least 36 consecutive months.
(c)  For the purposes of this Subsection (13.76.130(A)(8)), the term landlord shall be defined as the owner of record, as of the time of giving of a notice

13 terminating tenancy, and at all times thereafter to and including the earlier of the tenant’s surrender of possession of the premises or the entry of a judgment of a court of competent jurisdiction awarding possession of the premises to the landlord, holding at least a 50% interest in the property and shall not include a lessor, sublessor, or agent of the owner of record.
(d)  All notices terminating tenancy pursuant to subsection 13.76.130(A)(7) shall include the following: the existence and potential availability of relocation assistance under subsection 13.76.130(A)(8)(g); the existence of tenant protections for families with minor children as defined in Subsection

13.76.130(A)(8)(k); the name and relationship of any qualified relative for purposes of Subsection 13.76.130(A)(8)(b); and the landlord’s ownership interest in any residential properties in the City where such interest, in any form whatsoever, is ten percent (10%) or greater. The landlord shall, within ten days of giving notice, file a copy of the notice terminating tenancy with the Board. (e)  The landlord may not recover possession under this Subsection (13.76.130(A)(8)) if a comparable unit, owned by the landlord in the City, was, at the time of the landlord’s decision to seek to recover possession of the rental unit, already vacant and available, or if a comparable unit, owned by the landlord in the City, thereafter becomes vacant at any time until the earlier of the tenant’s surrender of possession of the premises or the entry of a judgment of a court of competent jurisdiction awarding possession of the premises to the landlord. In an action by or against the tenant, evidence that a comparable unit was vacant and available within ninety days prior to the date of a notice terminating the tenant’s tenancy shall create a presumption that such unit was vacant and available at the time of the landlord’s decision to seek to recover possession of the premises. "Presumption" means that the court must find the existence of the presumed fact unless and until the contrary is proven by a preponderance of the evidence.
(f)  The landlord shall offer any non-comparable unit owned by the landlord to the tenant if a non-comparable unit becomes available before the recovery of possession of the tenant’s unit at a rate based on the rent the tenant is paying with an upward or downward adjustment based on the condition, size, and other amenities of the replacement unit. Disputes concerning the initial rent for the replacement unit shall be determined by the Board.
(g)  Where a landlord recovers possession of a unit under Subsection

13.76.130(A)(8), the landlord is required to provide standard relocation assistance to tenant households where at least one occupant has resided in the unit for one year or more in the amount of $15,000. The landlord is required to provide an additional $5,000 relocation assistance to tenant households that qualify as low-income; or include disabled or elderly tenants; minor children; or tenancies which began prior to January 1, 1999. The relocation fees set forth above shall be increased in accordance with the rules set forth in Subsection

13.76.130(A)(7) below. The procedures for payment of this relocation

14 assistance are set forth below in Subsection 13.76.130(A)(8)(p)(i) through

13.76.130(A)(8)(p)(iv). The following definitions apply for any tenant households evicted for owner move-in under Subsection 13.76.130(A)(8):
i.  "Low-income tenants" means persons and families whose income does not exceed the qualifying limits for lower income families as established and amended from time to time pursuant to Section 8 of the United States Housing Act of 1937, or as otherwise defined in Health and Safety Code Section 50079.5.
ii.  A person is "disabled" if that person has a physical or mental impairment that limits one or more of a person’s major life activities within the meaning of the California Fair Housing and Employment Act (Government Code § 12926).
iii.  "Elderly" is defined as sixty (60) years of age or older. iv.  "Minor child" means a person who is under 18 years of age. v.  "Tenancy began prior to January 1, 1999" is a tenancy where an "original occupant" (as defined by Board regulation) still permanently resides in the rental unit.
(h)  Effective January 1 of each year beginning in 2018, the fees set forth above in Subsection 13.76.130(A)(8)(g), shall be increased in an amount based on the Consumer Price Index - All Urban Consumers in the San Francisco- Oakland-San Jose Region averaged for the 12-month period ending June 30, of each year, as determined and published by United States Department of Labor.

Any increase shall be published by the Board on or before October 31st of each year.
(i)  It shall be evidence that the landlord has acted in bad faith if the landlord or the landlord’s qualified relative for whom the tenant was evicted does not move into the rental unit within three months from the date of the tenant’s surrender of possession of the premises or occupy said unit as his/her principal residence for a period of at least 36 consecutive months.
(j)  Once a landlord has successfully recovered possession of a rental unit pursuant to Subsection 13.76.130(A)(8)(a), then no other current or future landlords may recover possession of any other rental unit on the property
pursuant to Subsection 13.76.130(A)(8)(a). It is the intention of this subsection that only one specific unit per property may be used for such occupancy under Subsection 13.76.130(A)(8)(a) and that once a unit is used for such occupancy, all future occupancies under Subsection

13.76.130(A)(8)(a) must be of that same unit.
(k)  A landlord may not recover possession of a unit from a tenant under

15 Subsection 13.76.130(A)(8) if any tenant in the rental unit has a custodial or family relationship with a minor child who is residing in the unit, the tenant with the custodial or family relationship has resided in the unit for 12 months or more, and the effective date of the notice of termination of tenancy falls during the school year. The term "school year" as used in this subsection means the first day of instruction for the Fall Semester through the first day of the month following the last day of instruction for the Spring Semester, as posted on the Berkeley Unified School District website for each year. i.  For purposes of Subsection 13.76.130(A)(8)(k), the term "custodial relationship" means that the person is a legal guardian of the child, or has a caregiver’s authorization affidavit for the child as defined by Section 6550 of the California Family Code, or that the person has provided full- time custodial care of the child pursuant to an agreement with the child’s legal guardian or court-recognized caregiver and has been providing that care for at least one year or half of the child’s lifetime, whichever is less.

The term "family relationship" means that the person is the biological or adoptive parent, grandparent, brother, sister, aunt or uncle of the child, or the spouse or domestic partner of such relations.
(l)  A landlord may not recover possession of a unit from a tenant under Subsection 13.76.130(A)(8) if any tenant in the rental unit:
i.  Is 60 years of age or older and has been residing on the property for five years or more; or
ii.  Is disabled and has been residing on the property for five years or more; or
iii.  Has resided on the property for five years or more and the landlord has a ten percent (10%) or greater ownership interest, in any form whatsoever, in five or more residential rental units in the City. (m)  A tenant who claims to be a member of one of the classes protected by Subsection 13.76.130(A)(8)(l) must submit a statement, with supporting evidence, to the landlord. A tenant’s failure to submit a statement at any point prior to the trial date of an unlawful detainer action for possession of the tenant’s unit shall be deemed an admission that the tenant is not protected by Subsection 13.76.130(A)(8)(l) landlord may challenge a tenant’s claim of protected status by raising it as an issue at trial in an unlawful detainer action for possession of the tenant’s unit.
(n)  The provisions of Subsection 13.76.130(A)(8)(l) shall not apply to the following situations:
i.  Where a person is the owner of three or fewer residential units in the City and has no greater than a nine percent (9%) ownership interest in any other residential unit in the City; or

16 ii.  Where each residential rental unit in the City in which the landlord holds an ownership interest of ten percent (10%) or greater is occupied by a tenant otherwise protected from eviction by Subsection

13.76.130(A)(8)(l) and the landlord’s qualified relative who is seeking possession of a unit subject to Subsection 13.76.130(A)(8)(b) is 60 years of age or older or is disabled as defined in Subsection

13.76.130(A)(8)(l) above; or
iii.  Where each residential rental unit in the City in which the landlord holds an ownership interest of ten percent (10%) or greater is occupied by a tenant otherwise protected from eviction by Subsection

13.76.130(A)(8)(l), the landlord has owned the unit for which possession is being sought subject to Subsection 13.76.130(A)(8)(a) for five years or more and is 60 years of age or older or is disabled as defined in Subsection 13.76.130(A)(8)(l).
(o)  Where a landlord recovers possession under Subsection 13.76.130(A)(8), the tenant must be given the right of first refusal to re-occupy the unit upon its next vacancy.
(p)  When a landlord is required to provide a relocation assistance payment subject to Subsection 13.76.130(A)(8)(g), the payment shall be divided among the tenants occupying the rental unit at the time of service of the notice to terminate tenancy.
i.  Within ten days of service of a notice terminating tenancy under Subsection 13.76.130(A)(8), the landlord shall deposit the standard relocation assistance (for households where an occupant has resided one year or more) with the City Board or its designated agent to be held in escrow. Within ten days after the funds are deposited into escrow, Tthe City Board shall release the standard relocation assistance to the tenant household, unless the landlord notifies the Rent Stabilization Program Board in writing that the landlord disputes the tenant’s eligibility to receive such assistance.
ii.  In order to claim entitlement to additional relocation assistance under Subsection 13.76.130(A)(8)(g), a tenant must notify the landlord and the Rent Stabilization Program Board in writing that the tenant is claiming low-income, disabled, elderly, tenant with minor child status, or a claim that the tenancy began prior to January 1, 1999 (hereinafter "entitlement to additional relocation assistance") per Subsection

13.76.130(A)(8)(g) within 30 days of filing of notice of termination of tenancy with the Rent Stabilization Program Board. The landlord shall deposit the additional relocation payment with the Rent Stabilization Program Board or its designated agent to be held in escrow for any tenant household who claims entitlement to additional relocation

17 assistance within ten days after such notice claiming entitlement to additional relocation assistance is mailed. Within ten days after the funds are deposited into escrow, Tthe Rent Stabilization Program Board shall authorize release of the relocation assistance to the tenant household that claims entitlement to additional relocation assistance, unless the landlord notifies the Rent Stabilization Program Board in writing that the landlord disputes the tenant’s eligibility to receive such assistance.
iii.  When a tenant household’s eligibility to receive standard or additional relocation assistance as described in Subsection

13.76.130(A)(8)(g) is disputed, either party may file a petition with the Board requesting a determination of eligibility or file a claim in a court of competent jurisdiction. The Board shall release disputed relocation assistance funds to either the tenant or the landlord upon receipt of either a written agreement by both the landlord and the affected tenant, an order of a court of competent jurisdiction, or an order of a City or Board hearing examiner issued pursuant to a petition process conducted in accordance with applicable Board regulations.
iv.  The landlord may rescind the notice of termination of tenancy prior to any release of relocation payment to the tenants by serving written notice stating such rescission on the tenants. In such instances, the relocation payment shall be released to the landlord. Subsequent to the release of any relocation payment to the tenants, the landlord may rescind the notice of termination of tenancy only upon the written agreement of the tenants to remain in possession of the rental unit. If the tenants remain in possession of the rental units after service of a landlord’s written notice of rescission of the eviction, the tenants shall provide an accounting to the landlord of the amount of the relocation payment expended for moving costs, return to the landlord that portion of the relocation payment not expended for moving costs, and assign to the landlord all rights to recover the amount of relocation payment paid to third parties. If a rescission occurs under this Subsection, the tenant(s) shall continue the tenancy on the same terms as before the notice was served.
v.  Where a landlord has served a notice of termination of tenancy on a tenant prior to the date that this amendment takes effect and the notice of termination of tenancy has not expired, the landlord shall deposit the full relocation payment with the City or its designated agent to be held in escrow for the tenants if the tenants have not vacated the rental unit as of the effective date of this amendment, and the landlord shall pay the full relocation payment to the tenants if the tenants have vacated the rental unit as of the effective date of this amendment. Said deposit in escrow or payment to the tenants shall be made within ten days of the effective date of this amendment.

18 vi.  Failure of the landlord to make any payment specified herein shall be a defense to any action to recover possession of a rental unit based upon the landlord’s termination of tenancy notice pursuant to this Subsection (13.76.130(A)(8)). In addition, if the tenants of a rental unit have vacated the unit as a result of a notice of termination of tenancy pursuant to this subsection (13.76.130(A)(8)), and the landlord fails to make any payment specified herein, the landlord shall be liable to the tenants for three times the amount of the payment as well as reasonable attorney fees. (q)  A tenant who prevails in an action brought under this Subsection (13.76.130(A)(8)), in addition to any damages and/or costs awarded by the court, shall be entitled to recover all reasonable attorney’s fees incurred in bringing or defending the action.
(r)  At least twice annually, Board staff shall report to the Board regarding the occupancy status of units possession of which has been recovered pursuant to this Subsection (13.76.130(A)(8)) within the prior 36 months. (s)  If any provision or clause of this Subsection (13.76.130(A)(8)) or the application thereof to any person or circumstance is held to be unconstitutional or to be otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other provisions or clauses, and to this end the provisions and applications of this Subsection are severable.

9.  ExemptionExpiration of Temporary Lease of Owner’s Principal Residence. A landlord or lessor seeks in good faith to recover possession of the rental unit for their occupancy as a principal residence, where the landlord or lessor has previously occupied the rental unit as their principal residence and has the right to recover possession of the unit for their occupancy as a principal residence under an existing rental agreement with the current tenants.

10.  Expiration of Temporary Rental Agreement for Replacement Housing During Substantial Repairs. The tenant fails to vacate a rental unit occupied under the terms of a temporary rental agreement entered into pursuant to the provisions of Subsection 13.76.130(A)(6)(c), following expiration of the term of said temporary rental agreement, and following written notice of the availability of tenant’s previous rental unit for re-occupancy by tenant (if the term of the rental agreement has expired by reason of the completion of repairs on the old rental unit), or of written notice to quit (if the term of the rental agreement has expired by reason of the expiration of a period of 90 days).

B.  Contents of Notice to Terminate Tenancy. A landlord’s failure to specify just cause as listed above in subsections 1 through 10 of Section 13.76.130(A) in the notice of termination or the notice to quit and in the complaint for possession shall be a defense to any action for possession of a rental unit covered by the terms of this chapter. Any notice terminating tenancy must additionally include a statement that advice regarding the notice terminating tenancy is available from the Rent Board, the current phone number for the Rent Board’s housing counseling services, and the current address to

19 the Rent Board’s website.

C.  Allegation of Notice to Terminate Tenancy. In any action to recover possession of a rental unit covered by the terms of this chapter, except an action to recover possession under Subsection 13.76.130(A)(6), 13.76.130(A)(7), or 13.76.130(A)(10), a landlord shall allege, as to each rental unit on the property, substantial compliance as of the date of the notice of termination or notice to quit and as of the date of the commencement of the action for possession with the implied warranty of habitability and compliance as of the date of the notice of termination or notice to quit and as of the date of the commencement of the action for possession with Sections 13.76.100 (Rent Ceiling) and 13.76.080 (Rent Registration) of this Chapter.

D.  Filing of Termination Notices and Unlawful Detainer Summons and Complaints. The landlord shall file with the Board a copy of any notice of termination, notice to quit, and summons and complaint, no later than three business days after the tenant has been served with such notice or summons and complaint. The Board may provide an email address to which the landlord may send any notice of termination, notice to quit, and summons and complaint.

Section 6. Section 13.76.135 of the Berkeley Municipal Code is amended to read as follows:

13.76.135 Right to organize.

A.  Tenant Association. This section shall be limited to 1) parcels that contain ten five or more rental units; and 2) parcels that contain between one and nine four rental units, so long as the rental units are managed by a property management company as defined by Board regulation.

Tenants of such a residential rental property may establish a Tenant Association by providing their Landlord a petition signed by Tenants representing at least 50% of the occupied rental units, including Rooming Houses as defined by Board regulation, of the residential rental property certifying their desire to form a Tenant Association, and identifying the Tenant Association. For purposes of this subsection, a petition may include individual written statements signed by said Tenants or some combination of individual and collective written statements.

Once established, a Tenant Association shall remain eligible for the rights conferred by this Section even if a property management company no longer manages the rental units.

B.  Confer in Good Faith. Landlords and Tenant Associations shall confer with each other in good faith regarding housing services and conditions, community life, landlord-tenant relations, rent increases, and other issues of common interest or concern. "Confer in good faith" means that the parties shall have the mutual obligation, personally or through their authorized representatives, to meet and confer and continue for a reasonable period of time, in order to exchange freely information, opinions, and proposals, and to endeavor to reach agreement. Examples of conferring

20 in good faith include, but are not limited to, maintaining a designated point of contact, engaging in regular communications, responding to reasonable requests for information, allowing participation by non-resident advocates, providing adequate time for limited-English speakers to obtain translation services, providing and adhering to timelines for addressing habitability concerns, and negotiating and putting agreements into writing. In addition, a Landlord may not prohibit a Tenant from allowing a Tenant Association representative to attend meetings involving the Landlord and one or more Tenants. The Board, through regulation, may further define good faith.

C.  Organizing Activities. "Organizing Activities" means:

1.  initiating contact with tenants, including conducting door-to-door surveys, to ascertain interest in and/or seek support for forming a Tenant Association;

2.  joining or supporting a Tenant Association;

3.  distributing literature, requesting or providing information, offering assistance, convening meetings (which may occur without a landlord or landlord representative present); or

4.  otherwise acting on behalf of one or more tenants in the building regarding issues of common interest or concern.

The term "Organizing Activities" shall include, but is not limited to, the operations of a Tenant Association. A person’s participation or failure to participate in Organizing Activities shall have no effect on whether that person qualifies as a tenant. The Board, through regulation, may further define Organizing Activities. In addition, a tenant’s right to engage in Organizing Activities, to receive assistance from a Tenant Association, and to have Organizing activities occur at the property shall qualify as a housing service, and a landlord’s failure to confer in good faith with a Tenant Association may send the Landlord a single standing request to attend meetings for the duration of the calendar year support a petition for a rent reduction.

D.  A Landlord must on written request of the Tenant Association attend, either themselves or through their representative, at least one Tenant Association meeting per calendar quarter, though more frequent attendance at the request of the Tenant Association is permitted. Landlord or Landlord’s representative must remain in attendance at the meeting until all agenda items are complete, unless the meeting extends for more than two hours, in which case the Landlord or Landlord’s representative may withdraw from the meeting and request that the remaining items be continued to a subsequent meeting. These meetings shall occur at a mutually convenient time and place. To request that a landlord or their representative attend a meeting, the Tenant Association shall send the Landlord a written request at least 14 days in advance; alternatively, if the Tenant Association meets at a regularly scheduled time and place, then the Tenant Association may send the Landlord a single standing request to attend meetings for the duration of the calendar year.

21 E.  Private Right of Action. In the event of a violation of this section, any Tenant Association, or individual tenant, aggrieved by the violation may institute a civil proceeding for injunctive relief, and actual money actual damages as specified below, and whatever other relief the court deems appropriate. In addition to the above awards of damages in a civil action under this Chapter, a prevailing plaintiff shall be entitled to an award of reasonable attorney’s fees.

ACTION CALENDAR
June 30, 2026
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Jennifer Louis, Chief of Police
Subject: Surveillance Technology Ordinance Submissions for Community Video Streams and Investigative Software, Pursuant to Council Direction of May 7, 2026

RECOMMENDATION
Adopt a Resolution to:

1. Accept the Surveillance Acquisition Report and approve the Surveillance Use Policy (BPD Policy 1306) for Community Video Streams, pursuant to Berkeley Municipal Code (B.M.C.) Chapter 2.99.

2. Accept the Surveillance Acquisition Report and approve the Surveillance Use Policy (BPD Policy 1307) for Investigative Software, pursuant to B.M.C. Chapter

2.99. FISCAL IMPACTS OF RECOMMENDATION
None as a direct result of this action. Contract authority for Community Video Streams and for Investigative Software will be requested separately, following completion of the procurement process. Community Video Streams is estimated to cost $65,000 annually, and Investigative Software is estimated to cost $75,000 annually, though those costs are sometimes lowered or waived when bundled with other products.

POLICY COMMITTEE RECOMMENDATION
On June 2, 2026, the Public Safety Policy Committee (PSPC) adopted the following action: M/S/C (Blackaby/O’Keefe) to provide feedback to the Berkeley Police Department regarding the proposed Community Video Streams and Investigative Software Surveillance Use Policies with the following requested revisions and clarifications:

1. Clarify how participating camera locations will be verified and address liability considerations if cameras are moved.

2. Develop a process for notifying camera owners when their camera footage is accessed.

3. Remove vendor-specific references from the acquisition report.

4. Clarify policies governing access to real-time/live video monitoring and the circumstances under which such access is authorized.

5. Provide additional information regarding the use of artificial intelligence and ensure human oversight of investigative decisions.

6. Identify data sources used by the investigative software and consider including such information in annual reporting.

7. Clarify which personnel will be authorized to access the investigative software.

8. Strengthen audit provisions to verify authorized use of the software.

9. Incorporate revisions contained in the supplemental materials, including the 72- hour immigration-related language.

10.Clarify that the Community Video Streams program does not include audio recording.

11.Clarify retention periods and liability considerations associated with retained data.

Vote: All Ayes.

CURRENT SITUATION AND ITS EFFECTS
On May 7, 2026, the City Council took action on a package of public safety technology items, including several items subject to the Surveillance Technology Ordinance (STO).

With respect to Community Video Streams (CVS), the Council referred the Surveillance Acquisition Report and Surveillance Use Policy to the Public Safety Policy Committee (PSPC) for further review prior to Council action. With respect to Investigative Software, the Council directed the Berkeley Police Department (BPD), in consultation with the Police Accountability Board (PAB), to initiate an RFP process for each of the components included in the technology package and for their integration.

The Department submitted both technologies to PSPC for committee-level review.

PSPC considered both items on June 2, 2026: Community Video Streams as directed by the May 7 Council referral, and Investigative Software offered by the Department to provide a parallel opportunity for committee review and feedback. The substantive results of that review and the corresponding updates the Department proposes to make to the acquisition reports, use policies, and forthcoming RFP are described in the section "Public Safety Policy Committee Review and Proposed Updates" below and detailed in the attached supplemental staff responses.

Both technologies will be part of the forthcoming RFP, which will also include drones, automated license plate readers, and fixed PTZ cameras, with vendors able to make a submission for any single technology or for a combination. As such, this item remains several steps removed from any actual procurement. To avoid confusion, the Department notes that the acquisition reports name and quote example products, but only as representative illustration: B.M.C. 2.99 requires that the reports include a product description, and staff has used a representative example as a template. Actual product specifications will be determined through the RFP process.

The Department is bringing this matter to the City Council at this time for two main reasons:

 To provide additional public meetings for Council members and the community to hear about the technologies, ask questions, and provide guidance.  To ensure that the RFP process on these items is clear from the start about what Council expectations will be before any contracting occurs.

This item is one step in the STO process; it does not finalize policies, decide specific vendors, or grant contract authority. Council retains the ability to make edits to the use policies or acquisition reports prior to granting contract authority for either technology.

BACKGROUND
The STO requires the City Manager to submit a Surveillance Acquisition Report and obtain Council approval of a Surveillance Use Policy prior to acquiring, using, or entering into agreements involving surveillance technology. Each Surveillance Use Policy must address the twelve elements set forth in B.M.C. 2.99.020(4): purpose; authorized use; data collection; data access; data protection; civil liberties and rights protection; data retention; public access; third-party data-sharing; training; auditing and oversight; and maintenance.

Community Video Streams
Community Video Streams integration enables authorized BPD personnel to access video footage from privately-owned cameras that have been voluntarily registered and shared with the Department by their owners. Cameras remain owned and controlled by community members, who may revoke access at any time. BPD does not own, install, or maintain the cameras. The integration allows authorized personnel to virtually canvass areas for evidence and gain real-time situational awareness during in-progress incidents without the cost of installing new City-owned cameras. The Surveillance Use Policy addresses each of the twelve elements required by B.M.C. 2.99.020(4) and includes a pre-integration review process to verify camera placement and field of view before any feed is connected, as well as public identification of integrated cameras.

Investigative Software
Investigative Software is a query-layer platform that enables authorized BPD personnel to search, correlate, and visualize records the Department already maintains or is otherwise authorized to access. Authorized connected sources will include Computer- Aided Dispatch records, Records Management System reports, digital evidence metadata, Automated License Plate Reader data, fixed video camera data, Unmanned Aerial Systems data, National Integrated Ballistic Information Network data, opt-in case- linkage data from participating agencies, publicly available open-source data, and any future surveillance technology approved by Council under the STO. The Platform does not itself capture audio, video, location, biometric, or other surveillance data from the public; it analyzes data already collected through other approved means. The Surveillance Use Policy expressly prohibits Face Recognition Technology, general intelligence-gathering, queries not tied to a specific BPD case or incident, queries or sharing in support of federal civil immigration enforcement, and queries or sharing in support of out-of-state laws restricting reproductive rights or gender-affirming care. The

policy further provides that for any query, the more protective provision of either Policy 1307 or the Use Policy for a connected source, where one exists, controls.

Public Safety Policy Committee Review and Proposed Updates Following PSPC's June 2, 2026 review, the Department proposes updates that respond to the items previously identified in the Mayor's supplemental memorandum1 referring CVS to PSPC, and to additional items raised by the Committee during its review of both technologies. The complete staff responses are attached.

RFP and Programmatic Updates
 At the request of the PSPC, the Department will include in the RFP a request for vendors to describe the feasibility of notifying camera owners each time BPD personnel access their feed. This is not a minimum requirement for vendor selection but will be evaluated as a value-added feature that could enhance owner trust and program transparency.
 The Department's approach to AI features in any integrated system is defined by intended use rather than by technical architecture. The Department's intent, applied regardless of the underlying technology, is that no investigative action be initiated or executed without affirmative human review and authorization, and that any AI-generated output be treated as an investigative lead only, requiring independent corroboration before any enforcement, charging, or detention decision. These principles will be operationalized through the RFP, which will require vendors to describe how their system supports human-in-the-loop operation and to identify any actions the system is capable of performing without real-time human authorization.
 Liability questions referred to the City Attorney's Office. Staff has referred two liability questions arising from the Committee's review to the City Attorney's Office: (1) whether a standing direct integration changes the liability or records analysis when BPD accesses footage a camera owner has retained beyond BPD's own retention period, as compared to obtaining the same footage through traditional physical canvassing; and (2) the City's exposure during any period in which it unknowingly received a stream from a camera that had been repositioned to capture a protected area, assuming prompt disconnection upon discovery. Staff will report the City Attorney's response to Council in the appropriate venue.
1 https://berkeleyca.gov/sites/default/files/2026-05/2026-05- 07%20BAC_Flock_Supplemental_Item26_5_07_2026Meeting.pdf

Acquisition Report and Surveillance Use Policy Updates
The department has proposed updated policy language in redline in the attached STO documents to accomplish the following:
 To generalize references in the CVS acquisition report and to clarify that no vendor selection has been made or is implied.
 To require prompt disconnection of any integrated camera found to have been repositioned to capture an area where a reasonable expectation of privacy exists.
 To clarify that real-time access to live video streams is permitted only when there is an active CAD incident or call for service; the associated incident number must be entered in the system log prior to initiating live viewing, and access shall terminate upon closure of that incident.
 To expressly prohibit the integration of any audio capture or transmission through the CVS system, consistent with the Department's intent that the system handle video only.
 To require that the annual report filed with City Council pursuant to B.M.C.

2.99.020(2)(d) include a current list of all data sources connected to the Investigative Software.
 To include 72-hour federal-disclosure language for cross-policy consistency with Policy 351.6, covering instances in which federal agencies are provided with BPD-owned data held by a vendor, alongside the existing ten-day reporting requirement for federal immigration access requests.
 To require that, as part of each audit, OSPA review a sample of system access logs to verify that queries were associated with a valid case or incident number, conducted by an authorized user, and consistent with the authorized uses enumerated in the policy.
 To clarify the audit cadence will be “twice a year”.

RATIONALE FOR RECOMMENDATION
Adoption of the recommended Resolution completes the STO process for both Community Video Streams and Investigative Software and reflects the results of PSPC's June 2, 2026 review and the updates described above. Both technologies have been designed and described in their respective documents to meet the civil liberties and rights protections required by B.M.C. Chapter 2.99, including the prohibition on Face Recognition Technology, restrictions on use in support of federal civil immigration enforcement consistent with the California Values Act and BPD Policy 423, and restrictions on use in support of out-of-state laws restricting reproductive rights or the provision or receipt of gender-affirming care. Approval of these use policies and acquisition reports does not signify commitment to any single vendor and does not limit Council's ability to make edits to the use policies or acquisition reports prior to granting contract authority.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no identifiable environmental effects or climate impacts associated with the act of adopting this resolution.

CONTACT PERSON
Jennifer Louis, Chief of Police, (510) 981-5700

ATTACHMENTS

1. Resolution

2. Surveillance Acquisition Report- Community Video Streams (with PSPC revisions)

3. BPD Policy 1306: Surveillance Use Policy- Community Video Streams (with PSPC revisions)

4. BPD Policy 355: Community Video Streams (with PSPC revisions)

5. Surveillance Acquisition Report- Investigative Software (with PSPC revisions)

6. BPD Policy 1307: Surveillance Use Policy- Investigative Software (with PSPC revisions)

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

RESOLUTION ACCEPTING SURVEILLANCE ACQUISITION REPORTS AND

APPROVING SURVEILLANCE USE POLICIES FOR COMMUNITY VIDEO STREAMS

AND INVESTIGATIVE SOFTWARE
WHEREAS, the City of Berkeley is committed to leveraging technology to enhance public safety while ensuring transparency, oversight, and the protection of civil liberties and civil rights, as codified in the Surveillance Technology Ordinance, Berkeley Municipal Code (B.M.C.) Chapter 2.99; and
WHEREAS, the Surveillance Technology Ordinance requires the City Council to accept a Surveillance Acquisition Report and approve a Surveillance Use Policy prior to the acquisition or use of any surveillance technology subject to the ordinance, or to entering into an agreement to acquire, share, or otherwise use such technology or the information it provides; and
WHEREAS, on May 7, 2026, by Resolution No. 72,254–N.S., the City Council referred the Surveillance Acquisition Report and Surveillance Use Policy for Community Video Streams to the Public Safety Policy Committee for further review prior to Council action; and
WHEREAS, on May 7, 2026, by Resolution No. 72,254–N.S., the City Council directed the City Manager to initiate, in consultation with the Police Accountability Board and the Berkeley Police Department, a Request for Proposals process for each of the components of the public safety technology proposal and for their integration; and WHEREAS, on June 2, 2026, the Public Safety Policy Committee reviewed the Surveillance Acquisition Report and Surveillance Use Policy for Community Video Streams as referred by the Council, as well as the Surveillance Acquisition Report and Surveillance Use Policy for Investigative Software submitted by the Department for committee review, and the Department has revised those documents to reflect the Committee's review as described in this item and in the attached supplemental staff responses; and
WHEREAS, the Berkeley Police Department has prepared and submitted Surveillance Acquisition Reports and Surveillance Use Policies for Community Video Streams and Investigative Software addressing each of the twelve elements required by B.M.C.

2.99.020(4); and
WHEREAS, these Surveillance Acquisition Reports and Surveillance Use Policies may require further refinement after the Police Department selects a vendor that responds to the Request for Proposals; and
WHEREAS, the City Council retains discretion to request that the Police Department make further edits to the Use Policies and Acquisition Reports after the City selects a vendor and before the City grants contract authority for either technology.

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

1. The Surveillance Acquisition Report for Community Video Streams is hereby accepted, and the Surveillance Use Policy for Community Video Streams (BPD Policy 1306) is hereby approved, pursuant to B.M.C. Chapter 2.99.

2. The Surveillance Acquisition Report for Investigative Software is hereby accepted, and the Surveillance Use Policy for Investigative Software (BPD Policy 1307) is hereby approved, pursuant to B.M.C. Chapter 2.99.

BERKELEY POLICE DEPARTMENT BMC 2.99 ACQUISITION REPORT – COMMUNITY VIDEO STREAMS 1 Background
Pursuant to BMC 2.99 Surveillance Technology Ordinance, this report and the associated surveillance use policy must be approved by City Council before “[e]ntering into an agreement with a non-City entity to acquire, share or otherwise use Surveillance Technology or the information it provides” (BMC 2.99.030(1)(d). The Berkeley Police Department (BPD) seeks to implement a community safety video integration capability to enhance real-time public safety operations and improve investigative efficiency. This initiative leverages software integration to access video footage from cameras voluntarily registered and shared by non-City entities.

This acquisition report is not for physical hardware but for the software capability to view community video streams. This approach acts as a resource multiplier, allowing authorized staff to virtually canvass areas for evidence and gain real-time situational awareness during critical incidents without the cost of installing new City poles and cameras.

This document satisfies the requirements of BMC 2.99 for “publicly-released written report produced prior to acquisition... that includes...” sections covering description, purpose, location, impact, mitigation, data types and sources, data security, fiscal cost, third party dependence and access, alternatives, and experience of other entities of the equipment.

1. Description
Information describing the Surveillance Technology and how it works, including product descriptions from manufacturers
Description:

The technology does not involve the City purchasing new cameras. Instead, it leverages software integrations to allow authorized BPD personnel to view live or recorded video streams from private cameras, only where the owner has explicitly granted permission to share data.

This system aggregates disparate video feeds into a centralized dashboard accessible to authorized BPD personnel, acting as a resource multiplier for investigations without requiring the City to install infrastructure.

How it Works:

The system functions through a cloud-based platform. Community members create an account and register their cameras. This places a pin on the BPD map indicating a camera exists at that location. For compatible systems that opt-in, the video feed is routed via secure API to the BPD dashboard. Access is permission-based. Camera owners retain ownership and can revoke access at any time. BPD personnel access the

BERKELEY POLICE DEPARTMENT BMC 2.99 ACQUISITION REPORT – COMMUNITY VIDEO STREAMS 2 system via secure login. Live viewing is restricted to active incidents, while historical access is used for gathering evidence.

Manufacturers’ Descriptions:

The following descriptions are provided by Flock Safety, which is one vendor capable of delivering this integration. The following are manufacturers' descriptions of investigative software platforms that are representative of a broader range of platforms that are used for the same purposes and are not intended to express a preference for any particular vendor.
"Flock Safety Wing® allows customers to easily integrate video cameras into FlockOS® for a seamless workflow. [It] integrates live stream traffic cameras, publicly or privately owned livestream security cameras into one cloud-based situational awareness dashboard to increase response time in mission-critical incidents." "Registering your camera lets law enforcement know you have footage that could help during a criminal investigation. Places a pin on your local law enforcement's camera map... Integrating your business cameras gives law enforcement secure, live access to video streams and the ability to download footage when it's needed as evidence, or for a real-time crisis response." “Residents and businesses are creating safer communities with Axon Community Connect, a voluntary, permission-based security initiative. The platform enables secure camera sharing with local law enforcement to support faster response in the event of an emergency.”

2. Purpose
Information on the proposed purpose(s) for the Surveillance Technology The proposed purpose of accessing community video streams is to provide real-time awareness and investigative capacity in following use cases:
 To support specific and active criminal investigations.  To support serious traffic-related investigations.
 To support police misconduct investigations, and
 To respond to and review critical incidents or natural disasters.

3. Location
The general location(s) it may be deployed and reasons for deployment Deployment of the Community Video Stream integration is a voluntary software integration with the Police Department. The Department will focus integration efforts on cameras located in the following high-priority areas:
 Integration will be prioritized for cameras owned by businesses and non- residential commercial property owners in major thoroughfares and districts, such

BERKELEY POLICE DEPARTMENT BMC 2.99 ACQUISITION REPORT – COMMUNITY VIDEO STREAMS 3 as the Elmwood, Solano, Telegraph, Fourth Street, and Downtown business districts.
 To facilitate rapid response to active shooter events, mass casualty incidents, or other critical public safety threats, the Department may enter into agreements with facilities or campuses where immediate video access could be vital for saving lives.

Actual locations are determined entirely by the entities that voluntarily agree to register or integrate their cameras and meet the requirements for integration. All locations will be within the City of Berkeley.

4. Impact
An assessment identifying potential impacts on civil liberties and civil rights including but not limited to potential disparate or adverse impacts on any communities or groups The Department acknowledges that community video streams involve privacy considerations. The use policy strictly prohibits accessing cameras in areas where a reasonable expectation of privacy exists without a warrant. Access would be driven by specific criminal incidents or calls for service, not constant monitoring. The policy, local ordinances, and state law all would prohibit sharing this information for immigration enforcement purposes.

To further mitigate impacts, every camera must pass a Pre-Integration Review- including an in-person site assessment to confirm the camera is not positioned to capture areas where a reasonable expectation of privacy exists- before it is connected to the Department’s system.

Because integration efforts will be prioritized in commercial and business districts rather than residential areas, the Department does not anticipate a disparate impact on any particular demographic or residential community at this time. However, because participation is voluntary and driven by which owners choose to share their cameras, the Department cannot fully assess potential disparate impacts in advance. The Department will assess after implementation whether the distribution of integrated cameras reflects a pattern that could suggest a disparate impact, and will address any such pattern identified through the ordinance's Annual Report.

5. Mitigations
Information regarding technical and procedural measures that can be implemented to appropriately safeguard the public from any impacts identified To safeguard the public’s welfare and civil liberties, the Department will implement the following affirmative technical and procedural measures:
 Access is strictly permission-based. Camera owners must actively "opt-in" and can revoke access at any time.

BERKELEY POLICE DEPARTMENT BMC 2.99 ACQUISITION REPORT – COMMUNITY VIDEO STREAMS 4  The use of facial recognition technology on any stream is strictly prohibited.  All system access is logged. The audit trail records the user, date, time, and specific camera accessed as well as the case number and/or reason.  Data is stored on CJIS-compliant servers.

Pre-Integration Review: In addition to the above, before any community video stream is integrated into the Department’s system, the following review process shall be completed:
 A designated Department member shall conduct an in-person visit to each camera location to: (i) confirm the camera’s physical location and field of view; and (ii) verify the camera is not positioned to capture areas where a reasonable expectation of privacy exists, including but not limited to the interior of residences, private yards, restrooms, changing areas, or medical facilities.  Prior to integration, signage shall be posted near each location with integrated cameras informing the public that the area is monitored by a camera integrated with the Berkeley Police Department. Signage shall be maintained for the duration of the integration.
 The Department shall publish and maintain on the City of Berkeley website a current list and map of all community cameras that have been integrated with the Department’s system.
 The Investigations Division Captain, or their designee, shall review and approve the site assessment before integration is finalized. Integration shall not proceed if the site assessment identifies unresolved privacy concerns.  Upon discovery that an integrated camera has been repositioned to capture an area where a reasonable expectation of privacy exists, the Department shall immediately pause that camera's integration until the camera is positioned in compliance with this policy.

6. Data Types and Sources
A list of the sources of data proposed to be collected, analyzed, or processed by the Surveillance Technology, including "open source" data
Data collection is limited to camera footage and associated metadata voluntarily provided by community members. The system would integrate data from third-party hardware owned by non-City entities. BPD would not own the cameras nor any non- evidentiary data. Footage found to contain evidentiary value would be downloaded and stored according to existing evidence retention policies and protocols.

7. Data Security

BERKELEY POLICE DEPARTMENT BMC 2.99 ACQUISITION REPORT – COMMUNITY VIDEO STREAMS 5 Information about the steps that can be taken to ensure adequate security measures to safeguard the data collected or generated from unauthorized access or disclosure This program would utilize a multi-layered security architecture to preserve the integrity and confidentiality of the data:
 Access requires secure login credentials with Multi-Factor Authentication (MFA).  Access is restricted to authorized personnel and audited for compliance.  The storage environment complies with CJIS standards.  Evidentiary data downloaded for investigations is stored in the Department’s digital evidence system (Evidence.com) and retained according to state law.

Non-evidentiary data remains under the control of the camera owner.

8. Fiscal Cost
The fiscal costs for the Surveillance Technology, including initial purchase, personnel and other ongoing costs, including to the extent practicable costs associated with compliance with this and other reporting and oversight requirements, as well as any current or potential sources of funding.

The costs below represent estimates. Hardware costs and integration costs are paid by the private camera owners. The anticipated source of funding is the Department's existing operating budget. We expect that the use of this technology, in combination with other investigative and situational-awareness tools, will reduce the need for overtime by improving the efficiency of investigations and real-time response, generating savings that can offset ongoing subscription costs. In addition, we anticipate that vendors may offer this integration capability at reduced or no additional cost if it is bundled with other technology or services already procured by the Department, further limiting the net fiscal impact.

Initial Cost:
 Hardware: $0 (Cameras are owned by private entities).  Software Integration: Estimated $30 per stream per year paid by camera owners.
 For the first four years of integration, operating costs are covered through the department’s existing agreement with Flock for
the FlockOS platform. Thereafter, the annual subscription cost is estimated to be $65,000.

Cost of Use:
 The operational cost is absorbed within the existing salary of the investigating officers and this increased efficiency will likely result in time savings.

Costs of Potential Adverse Impacts:
 Potential costs could arise from data breach litigation or claims of privacy violation. However, the reliance on voluntary consent to access cameras that

BERKELEY POLICE DEPARTMENT BMC 2.99 ACQUISITION REPORT – COMMUNITY VIDEO STREAMS 6 already are in place as well as strict audit logs minimizes this risk. Strict adherence to the Use Policy will further mitigate liability.  Costs of compliance with reporting and oversight requirements: potential costs could arise from data breach litigation or claims of privacy violation.

However, the reliance on voluntary consent to access cameras that already are in place as well as strict audit logs minimizes this risk. Strict adherence to the Use Policy will further mitigate liability. The cost of compliance with BMC

2.99 will be absorbed into the existing salary costs of PD staff. 
Annual and Ongoing Costs:
 No ongoing costs are incurred by the Department.Annual subscription cost for the platform to integrate the streams is estimated to be $65,000.

Training Costs:
 Personnel: The operational cost is absorbed within the existing salary of the investigating officers and this increased efficiency will likely result in time savings. Training is included in the software subscription and absorbed into regular in-service training hours.

Maintenance and Storage Costs:
 Maintenance of the software platform is included in the subscription.

Maintenance of physical cameras is the responsibility of the private owners.

Upgrade Costs:
 Software upgrades are included in the annual subscription model.

9. Third Party Dependence and Access
Whether use or maintenance of the technology will require data gathered by the technology to be handled or stored by a third-party vendor on an ongoing basis, and whether a third party may have access to such data or may have the right to sell or otherwise share the data in aggregated, disaggregated, raw or any other formats
All evidentiary video will be uploaded and stored on the Department’s digital evidence platform (Evidence.com) in line with existing departmental protocol for evidence collection. The evidence platform vendor complies with applicable data protection frameworks regarding the collection, use, and retention of personal information.

Live and recorded video streams that have not been downloaded as evidence remain on the third-party camera systems and under the control of the camera owners. The Department does not own, store, or have ongoing custody of this data.

The CVS integration is provided through a third-party platform vendor, but the Department maintains no standing pool of community video stream data with the vendor: non-evidentiary video remains on the camera owner's system, and the Department retains footage only when it is downloaded as evidence, after which it is held in the Department's own digital evidence system and governed by the Department's evidence-retention and immigration policies. The vendor may access the data only to operate the platform. No non-City entity, including any federal agency, is

BERKELEY POLICE DEPARTMENT BMC 2.99 ACQUISITION REPORT – COMMUNITY VIDEO STREAMS 7 granted direct access to the camera registry or video feeds; a non-City law enforcement agency may obtain only retained evidentiary footage through standard evidence sharing protocols with pre-authorization from the Investigations Captain, and only for a specific active criminal investigation supported by valid legal process, with any recipient bound by this policy, the Department's Immigration Law Policy, and the bar on using the footage to enforce other states' laws restricting reproductive or gender-affirming care.

10. Alternatives
A summary and general assessment of potentially viable alternative methods (whether involving the use of a new technology or not), if any, considered before deciding to propose acquiring the Surveillance Technology
In the absence of a community video streams program, the primary alternative is the traditional method of physical canvassing. This process requires officers to physically walk neighborhoods after a crime, locate cameras, identify owners, and request footage manually. This method is time and resource-consuming and often relies on the owner being present, having the appropriate login and being technically capable of exporting the footage. It delays investigations and pulls officers away from other duties. In contrast, remote access makes the process more efficient for both the department and the community member.

The Department considered significantly expanding the network of City-owned and operated fixed cameras to match the coverage provided by community streams. This alternative was deemed fiscally unfeasible. The cost to purchase additional City-owned cameras would be prohibitively expensive.

Another alternative is to rely on physical surveillance by officers to deter crime and capture evidence. While physical surveillance is a valid tactic, it is limited by the cost and availability of resources. It does not provide the persistent, resource-multiplying capability of a camera network, nor does it allow for the retrospective review of evidence crucial for prosecution.

A final alternative would be not acquiring access to community video streams. Without this technology, the Department would forgo enhancements in investigative efficiency and would continue to rely on slower, manual methods that may result in the loss of critical evidence or loss of available personnel power.

11. Experience of Other Entities
To the extent such information is available, a summary of the experience of comparable government entities with the proposed technology, including any unanticipated financial or community costs and benefits, experienced by such other entities In December 2025, the City of Oakland City Council voted 7-1 to approve a similar program under their "Community Safety Camera Systems" policy. OPD has established

BERKELEY POLICE DEPARTMENT BMC 2.99 ACQUISITION REPORT – COMMUNITY VIDEO STREAMS 8 strict governance that explicitly prohibits the use of the technology for facial recognition, harassment, or immigration enforcement.

Regional jurisdictions like Alameda County, Vacaville, and Elk Grove also utilize fixed surveillance cameras and video integration as tools for public safety and crime deterrence which reflects a regional standard for the use of such technology in modern policing. San Francisco has publicized substantial public safety benefits associated with this technology used in concert with drones as a first responder and automated license plate readers. Community video integration is in active use regionally and nationally; most comparably, the Oakland City Council approved a similar program in December 2025, with comparable tools operating in San Francisco, Alameda County, and other jurisdictions. Criticism of the technology is found with the largest programs: Detroit's Project Green Light and Chicago's Operation Virtual Shield have been faulted for expanding into continuous, citywide monitoring, for pairing camera feeds with facial recognition, and in Chicago's case, for operating with limited regulation or public transparency. These criticisms do not transfer to the program proposed here. The Department seeks to integrate only voluntarily shared feeds that owners may revoke at any time; live access is limited to active incidents rather than continuous monitoring; facial recognition is prohibited on any stream; and the program operates under the public BMC 2.99 review process, with a published list and map of all integrated cameras, on-site signage, audit logging, express prohibition on use for monitoring First Amendment assemblies, and biennial OSPA review. The features that generated controversy elsewhere- always-on monitoring, facial recognition, and the absence of oversight- are excluded here by design.

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Surveillance Use Policy - Community Video
Streams
1306.1 PURPOSE
This policy provides guidance for the use of the Community Video Stream integration by the Berkeley Police Department (BPD). The purpose of accessing community video streams is to provide real-time awareness and investigative capacity.

This initiative leverages software integration to access video footage from cameras voluntarily registered and shared with the Police Department. This approach acts as a resource multiplier, allowing authorized staff to virtually canvass areas for evidence and gain real-time situational awareness during critical incidents without the cost or intrusiveness of installing new City poles and cameras. 1306.2 AUTHORIZED USE
Only BPD members who receive training on this policy, who are then granted access by an administrator may access the data from the community video streams. This data may only be accessed to further a legitimate law enforcement purpose, as listed in this Policy. Members must follow the necessary logging mechanisms, such as case number and case type when querying the database.

Community video streams may be accessed and reviewed by authorized BPD personnel for the following purposes:
(a) To support specific and active criminal investigations. (b) To support serious traffic-related investigations.
(c) To support police misconduct investigations, and
(d) To respond to and review critical incidents or natural disasters.

Unauthorized recording, viewing, reproduction, dissemination, or retention of video footage is prohibited.

The following are prohibited uses of the video surveillance system:
(a) Unauthorized recording, viewing, reproduction, dissemination, or retention of video footage is prohibited.
(b) Community video streams shall not intentionally be used to invade the Policy
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privacy of individuals or observe areas where a reasonable expectation of privacy exists.
(c) Community video streams shall not be used in an unequal or discriminatory manner and shall not target protected individual characteristics including, but not limited to race, ethnicity, national origin, religion, disability, gender or sexual orientation.
(d) Video surveillance equipment shall not be used to harass, intimidate or discriminate against any individual or group.
(e) Community video streams and recordings that are retained by Berkeley Police Department as evidence are subject to the Berkeley Police Department's Immigration Law Policy, and hence may not be shared with federal immigration enforcement officials, unless required by federal law. (f) Community video streams and recordings that are retained by Berkeley Police Department as evidence shall not be disclosed to law enforcement agencies from other states if the purpose of the request is to support the enforcement of laws that restrict or criminalize reproductive rights or rights regarding the provision or receipt of gender-affirming care. (g) Community video streams shall not be accessed for the purpose of monitoring, documenting, or recording individuals engaged in activity protected by the First Amendment to the United States Constitution or Article I of the California Constitution, including but not limited to lawful protests, demonstrations, political gatherings, or religious assemblies. Access during or in the vicinity of such activity is permissible only where there exists a clear, articulable, and imminent public safety threat that is actively occurring, and such access shall be limited in scope to the specific threat. Any such access shall be documented in the system log, including the specific articulable threat justifying access.
(h) Community video streams shall not capture or transmit audio; any camera integrated into the Department's system must be configured for video only. (f)(i) Real-time access to live video streams is permitted only when there is an active CAD incident or call for service; the associated incident number must be entered in the system log prior to initiating live viewing, and access shall terminate upon closure of that incident.
1306.3 DATA COLLECTION
Data collection is limited to camera footage and associated metadata voluntarily provided by community members; data collection for other purposes is prohibited.

Community members create an account and register their cameras. This places a pin on the BPD map indicating a camera exists at that location. For compatible systems that opt-in, the video feed is routed via secure API to the BPD dashboard. The system integrates data from third-party hardware owned by non-City entities. BPD does not own the cameras. Camera owners retain ownership and either party can revoke access at any time.

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1306.4 DATA ACCESS
Access to community video streams data shall be limited to BPD personnel utilizing the camera database for uses described above and pursuant to the Community Video Streams Policy. BPD members seeking access to the video surveillance system shall obtain the approval of the Investigations Division Captain, or their designee. Members accessing the database must follow the necessary logging mechanisms, such as case number and case type when querying the database.

Supervisors should monitor camera access and usage to ensure BPD members are complying with this policy, other applicable department policy, and applicable laws.

Supervisors should ensure such use and access is appropriately documented.

The vendor will retain no right access, use, sell or otherwise share community video streams data for any purpose without BPD’s written consent. 1306.5 DATA PROTECTION
This program shall utilize a multi-layered security architecture to preserve the integrity and confidentiality of the data:
 Access shall require secure login credentials with Multi-Factor Authentication (MFA).
 Access shall be restricted to authorized personnel and audited for compliance.  The storage environment shall comply with CJIS standards.  Evidentiary data downloaded for investigations shall be stored in the Department’s digital evidence system and retained according to state law. Non- evidentiary data remains under the control of the camera owner. 1306.6 CIVIL LIBERTIES AND RIGHTS PROTECTION
The Berkeley Police Department is dedicated to the most efficient utilization of its resources and services in its public safety endeavors. The Berkeley Police Department recognizes the need to protect its ownership and control over shared information and to protect the privacy and civil liberties of the public, in accordance with federal and state law. Provisions of this policy, including 1306.2 Authorized Use, 1306.4 Data Access, 1306.5 Data Protection, 1306.7 Data Retention, 1306.8 Public Access, 1306.9 Third Party Data Sharing, and 1306.13 Pre-Integration Review serve to protect against any unauthorized use of community video streams. The use of facial recognition technology on any community video stream is prohibited. These procedures ensure the data is not used in a way that would violate or infringe upon anyone’s civil rights and/or liberties, including but not limited to potentially disparate or adverse impacts on any communities or groups. The Department will assess after implementation whether the distribution of integrated cameras reflects a pattern that could suggest a disparate impact, and will address any such pattern identified through the ordinance's Annual Report. 1306.7 DATA RETENTION
The Department acknowledges that the Community Video Stream integration relies on

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cameras and storage systems owned and operated by non-City entities. Consequently, video footage and associated metadata that is not downloaded or captured by the Department remains under the sole control and retention schedule of the camera owner.

Evidentiary data downloaded for investigations is stored in the Department’s digital evidence system. Once downloaded, data is retained in accordance with state law and existing Departmental evidence retention protocols.

Any recordings needed as evidence in a criminal or police misconduct proceeding shall be copied to a suitable medium and booked into evidence in accordance with current evidence procedures.Length of retention: Evidentiary footage within the Department’s possession, custody or control shall be retained for the period prescribed by applicable state law governing criminal evidence and Department evidence policies (currently consistent with the applicable statute of limitations for the underlying offense, plus administrative hold requirements).

Basis: Retention period is based on the evidentiary and legal requirements of the associated criminal investigation or proceeding.

Authorization for extensions: Extensions beyond the standard period may be authorized by the Investigations Division Captain or their designee, and shall be documented in the case record.

Destruction procedures: Upon expiration of the applicable retention period and confirmation that no active legal hold exists, footage shall be purged from Evidence.com in accordance with standard evidence disposition procedures, with destruction documented in the case management system.

This policy reaffirms the City Manager’s authority, which may be delegated to the Berkeley Police Chief, to pause or end the deployment of the subject equipment at any time and for any cause. The City Council shall be, within 48 hours, notified of any such decision to pause or end its deployment.
1306.8 PUBLIC ACCESS
Data collected by the Department and used in a police report shall be made available to the public in accordance with Ddepartment policy and applicable state or federal law.

Requests for recorded video images from the public or the media shall be processed in the same manner as requests for Ddepartment public records pursuant to Policy 804.

Recorded video images that are the subject of a court order or subpoena shall be processed in accordance with the established Ddepartment subpoena process. 1306.9 THIRD-PARTY DATA-SHARING
The Department does not own, control, or have the right to share the live video streams or raw data stored on the third-party camera systems involved in this integration.

Consequently, the Department cannot and shall not grant third-party access to the camera registry or the live video feeds themselves.

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Requests for evidentiary footage retained by BPD from other law enforcement agencies shall be referred to the Investigations Division Captain, or their designee for release in accordance with this policy and must be related to a specific active criminal investigation.

The Chief of Police will report any request from federal immigration authorities, vendor, or any non-local agency to access data for federal immigration enforcement purposes within 10 days of receiving the request.

In the event a Federal Agency is given BPD-owned data from Community Video Streams, the Berkeley Police Chief or designee will notify the City Manager, City Attorney, and City Council within 72 hours of the discovery of the incident.

The CVS integration is provided through a third-party platform vendor, but the Department maintains no standing pool of community video stream data with the vendor: non-evidentiary video remains on the camera owner's system, and the Department retains footage only when it is downloaded as evidence, after which it is held in the Department's own digital evidence system and governed by the Department's evidence-retention and immigration policies. The vendor may access the data only to operate the platform. No non-City entity, including any federal agency, is granted direct access to the camera registry or video feeds; a non-City law enforcement agency may obtain only retained evidentiary footage through standard evidence sharing protocols with pre-authorization from the Investigations Captain, and only for a specific active criminal investigation supported by valid legal process, with any recipient bound by this policy, the Department's Immigration Law Policy, and the bar on using the footage to enforce other states' laws restricting reproductive or gender-affirming care. 1306.10 TRAINING
All BPD members authorized to access community video streams systems shall receive appropriate training. Training should include guidance on the use of cameras, associated software, and review of relevant policies and procedures, including this policy as well as review of relevant City of Berkeley laws and regulations.

Training should also address state and federal law related to the use of video surveillance equipment and privacy. All relevant recordings that are utilized will be collected pursuant to Policy 802 Property and Evidence, and retained pursuant to Policy 804 Records Maintenance.
1306.11 AUDITING AND OVERSIGHT
The community video streams software generates a site log each time the system is accessed. The video surveillance software generates a site log each time the system is accessed. The site log is broken down by server, device, user or general access. The site log is kept on the server for two years and is exportable for reporting. Community video stream audits will be conducted on a regular basis, at least biennialtwice a year.

As part of the audit, OSPA will confirm that BPD does not enter any direct data sharing

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agreements or give direct access to outside agencies. A log of any instance of when surveillance footage has been shared, including date, time, reasons for search, and any recipient agencies. As part of each audit, OSPA shall review a sample of system access logs to verify that queries were associated with a valid case or incident number, conducted by an authorized user, and consistent with the authorized uses enumerated in this policy.

BPD will enforce against prohibited uses of the cameras pursuant to Policy 1010, Personnel Complaints, or other applicable law or policy. The City Manager shall enforce against any prohibited use of cameras and/or access to data by other City of Berkeley personnel.

The audit shall be documented in the form of an internal department memorandum to the Chief of Police. The memorandum shall include any data errors found so that such errors can be corrected. After review by the Chief of Police, the memorandum and any associated documentation shall be placed into the annual report filed with the City Council pursuant to BMC Section 2.99.020 2. d., published on the City of Berkeley website in an appropriate location, and retained within the Professional Standards Bureau.
1306.12 ACCOUNTABILITY
All saved data will be safeguarded and protected by both procedural and technological means. The Berkeley Police Department will observe the following safeguards regarding access to and use of stored data:
(a) Non-law enforcement requests for access to stored community video streams data shall be processed according to the Records Maintenance and Release Policy in accordance with applicable law.
(b) All community video streams data downloaded to any workstation or server shall be accessible only through a login/password-protected system capable of documenting all access of information by name, date and time. (c) Berkeley Police Department members approved to access community video streams data under these guidelines are permitted to access the data for legitimate California law enforcement purposes only, such as when the data relate to a specific criminal investigation or department-related civil or administrative action.
(d) Aggregated community video streams data not related to specific criminal investigations shall not be released to any local, state or federal agency or entity without the consent of the Chief of Police or City Manager. (e) Measures will be taken to ensure the accuracy of community video streams information. Errors discovered in community video streams data collected by community video streams units shall be marked, corrected or deleted in accordance with the type and severity of the error in question. (f) Such community video streams data may be released to other authorized and verified law enforcement officials and agencies for legitimate California law enforcement purposes.
(g) Every community video streams browsing inquiry must be documented by

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either the associated Berkeley Police case number or incident number, and/or a reason for the inquiry. For security or data breaches, see the Records Release and Maintenance Policy.
1306.13 MAINTENANCE
It shall be the responsibility of the private owners of the cameras to facilitate and coordinate any updates and required maintenance.
1306.14 PRE-INTEGRATION REVIEW
Before any community video stream is integrated into the Department’s system, the following review process shall be completed:

1. A designated Department member shall conduct an in-person visit to each camera location to:
a. Confirm the camera’s physical location and field of view. b. Verify the camera is not positioned to capture areas where a reasonable expectation of privacy exists, including but not limited to the interior of residences, private yards, restrooms, changing areas, or medical facilities.

2. All public areas monitored by integrated community video streams shall be marked in a conspicuous manner with unobstructed signs to inform the public that the area is under police surveillance. Signage shall be maintained for the duration of the integration.

3. The Department shall publish and maintain on the City of Berkeley website a current list and map of all community cameras that have been integrated with the Department’s system.

4. The Investigations Division Captain, or their designee, shall review and approve the site assessment before integration is finalized. Integration shall not proceed if the site assessment identifies unresolved privacy concerns.

4.5. Upon discovery that an integrated camera has been repositioned to capture an area where a reasonable expectation of privacy exists, the Department shall immediately pause that camera's integration until the camera is positioned in compliance with this policy.

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Community Video Streams
355.1 PURPOSE AND SCOPE
This policy provides guidance for the use of the community video stream integration by the Berkeley Police Department (BPD). The purpose of accessing community video streams is to provide real-time awareness and investigative capacity in the following use cases:
 To support specific and active criminal investigations.  To support serious traffic-related investigations.
 To support police misconduct investigations.
 To respond to and review critical incidents or natural disasters.

This initiative leverages software integration to access camera footage from cameras voluntarily registered and shared with BPD. This approach acts as a resource multiplier, allowing authorized staff to virtually canvass areas for evidence and gain real-time situational awareness during critical incidents without the cost or intrusiveness of installing new City poles and cameras. 355.2 POLICY
The Berkeley Police Department utilizes a community video streams system to enhance its anti- crime strategy, to effectively allocate and deploy personnel, support investigations, and to enhance safety and security in public areas. As specified by this policy, cameras owned by community partners in strategic locations throughout the City may be shared with the Police Department in order to record, deter, and solve crimes, to help the City safeguard against potential threats to the public, and to help manage emergency response situations during natural and human-made disasters, among other uses specified in Section 355.3.1.

Community video streams in public areas will be used in a legal and ethical manner while recognizing and protecting constitutional standards of privacy.
355.3 OPERATIONAL GUIDELINES
BPD members authorized to review community video streams may only access and review video from public areas and public activities where no reasonable expectation of privacy exists, and only for the purposes authorized by this policy.
355.3.1 PLACEMENT REVIEW AND MONITORING
Deployment of the Community Video Stream integration is a voluntary software integration with the Police Department. However, the Department will focus its integration efforts on cameras located in the following high-priority areas:
 Integration will be prioritized for cameras owned by businesses and non-residential commercial property owners in major thoroughfares and districts, such as the Elmwood, Solano, Telegraph, Fourth Street, and Downtown business improvement districts.  To facilitate rapid response to active shooter events, mass casualty incidents, or other critical public safety threats, the Department may enter into agreements with facilities or Policy
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campuses where immediate video access could be vital for saving lives.

Actual locations are determined entirely by the entities that voluntarily agree to register or integrate their cameras and meet the requirements for integration. All locations will be within the City of Berkeley.
355.3.2 COMMUNITY VIDEO STREAM CAMERA MARKINGS
All public areas monitored by integrated community video streams shall be marked in a conspicuous manner with unobstructed signs to inform the public that the area is under police surveillance, as required by the Pre-Integration Review process below. Signage shall be maintained for the duration of the integration.
355.3.3 INTEGRATION WITH OTHER TECHNOLOGY
The Department may integrate technologies not otherwise prohibited with the community video streams system, provided that such use does not conflict with this policy or expand internal or external access beyond what is allowed by City law or Department policy. For example, integration may occur on a shared access platform where video data and automated license plate reader data are viewable in the same system.
355.3.4 PRE-INTEGRATION REVIEW
Before any community video stream is integrated into the Department’s system, the following review process shall be completed:
 A designated Department member shall conduct an in-person visit to each camera location to:
o Confirm the camera’s physical location and field of view. o Verify the camera is not positioned to capture areas where a reasonable expectation of privacy exists, including but not limited to the interior of residences, private yards, restrooms, changing areas, or medical facilities.  Prior to integration, signage shall be posted in a conspicuous location near each integrated camera informing the public that the area is monitored by a camera integrated with the Berkeley Police Department. Signage shall be maintained for the duration of the integration.
 The Department shall publish and maintain on the City of Berkeley website a current list and map of all community cameras that have been integrated with the Department’s system.
 The Investigations Division Captain, or their designee, shall review and approve the site assessment before integration is finalized. Integration shall not proceed if the site assessment identifies unresolved privacy concerns.
 Upon discovery that an integrated camera has been repositioned to capture an area where a reasonable expectation of privacy exists, the Department shall immediately pause that

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camera's integration until the camera is positioned in compliance with this policy. 355.4 VIDEO SUPERVISION
Access to community video streams camera data shall be limited to Berkeley Police Department (BPD) personnel utilizing the camera database for uses authorized above, with technical assistance from Public Works Department and Department of Information Technology personnel. Information may be shared in accordance with Sections 355.6 or 1304.9 below. BPD members seeking access to the camera system shall obtain the approval of the Investigations Division Captain, or their designee.

Supervisors should monitor community video streams access and usage to ensure BPD members are complying with this policy, other applicable department policy, and applicable laws.

Supervisors should ensure such use and access is appropriately documented. 355.4.1 VIDEO LOG
No one without authorization will be allowed to login and view the recordings. Those who are authorized and login should automatically trigger the audit trail function to ensure compliance with the guidelines and policy.
355.4.2 PROHIBITED ACTIVITY
Community video streams systems will not intentionally be used to invade the privacy of individuals or observe areas where a reasonable expectation of privacy exists.

Community video streams systems shall not be used in an unequal or discriminatory manner and shall not target protected individual characteristics including, but not limited to race, ethnicity, national origin, religion, disability, gender or sexual orientation.

Community video streams equipment shall not be used to harass, intimidate or discriminate against any individual or group.

Community video streams systems and recordings are subject to the Berkeley Police Department's Immigration Law Policy, and hence may not be shared with federal immigration enforcement officials, unless required by federal law.

Video recordings shall not be disclosed to law enforcement agencies from other states if the purpose of the request is to support the enforcement of laws that restrict or criminalize reproductive rights or rights regarding the provision or receipt of gender-affirming care.

Community video streams shall not be accessed for the purpose of monitoring, documenting, or recording individuals engaged in activity protected by the First Amendment to the United States Constitution or Article I of the California Constitution, including but not limited to lawful protests, demonstrations, political gatherings, or religious assemblies. Access during or in the vicinity of such activity is permissible only where there exists a clear, articulable, and imminent public safety threat that is actively occurring, and such access shall be limited in scope to the specific threat.

Any such access shall be documented in the system log, including the specific articulable threat justifying access.

Community video streams shall not capture or transmit audio; any camera integrated into the

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Department's system must be configured for video only.

Real-time access to live video streams is permitted only when there is an active CAD incident or call for service; the associated incident number must be entered in the system log prior to initiating live viewing, and access shall terminate upon closure of that incident. 355.5 STORAGE AND RETENTION OF MEDIA
The Department acknowledges that the Community Video Stream integration relies on cameras and storage systems owned and operated by non-City entities. Consequently, video footage and associated metadata that is not downloaded or captured by the Department remains under the sole control and retention schedule of the camera owner.

Evidentiary data downloaded for investigations is stored in the Department’s digital evidence system. Once downloaded, data is retained in accordance with state law and existing Departmental evidence retention protocols.

Any recordings needed as evidence in a criminal or police misconduct proceeding shall be copied to a suitable medium and booked into evidence in accordance with current evidence procedures Length of retention: Evidentiary footage in the Department’s possession, custody or control shall be retained for the period prescribed by applicable state law governing criminal evidence and Department evidence policies (currently consistent with the applicable statute of limitations for the underlying offense, plus administrative hold requirements).

Basis: Retention period is based on the evidentiary and legal requirements of the associated criminal investigation or proceeding.

Authorization for extensions: Extensions beyond the standard period may be authorized by the Investigations Division Captain or their designee, and shall be documented in the case record.

Destruction procedures: Upon expiration of the applicable retention period and confirmation that no active legal hold exists, footage shall be purged from Evidence.com in accordance with standard evidence disposition procedures, with destruction documented in the case management system.
355.5.1 EVIDENTIARY INTEGRITY
All media downloaded and retained pursuant to this Policy shall be treated in the same manner as other evidence. Media shall be accessed, maintained, stored and retrieved in a manner that ensures its integrity as evidence, including strict adherence to chain of custody requirements.

Electronic trails, including encryption, digital masking of innocent or uninvolved individuals to preserve anonymity, authenticity certificates and date and time stamping, shall be used as appropriate to preserve individual rights and to ensure the authenticity and maintenance of a secure evidentiary chain of custody.
355.6 RELEASE OF VIDEO IMAGES
Data collected and used in a police report shall be made available to the public in accordance with department policy and applicable state or federal law, also referenced in Policy 1304.8.

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Requests for recorded video images from the public or the media shall be processed in the same manner as requests for department public records pursuant to Policy 804, Records Maintenance and Release.

Requests for recorded video from other law enforcement agencies shall be referred to the Investigations Division Captain, or their designee for release in accordance with this policy and must be related to a specific active criminal investigation.

Requests for recorded video from the Office of Director of Police Accountability and Police Accountability Board shall be referred to the Investigations Division Captain, or their designee, for release in accordance with Charter Article XVIII, Section 25, Subdivision (20)(a).

Recorded video images that are the subject of a court order or subpoena shall be processed in accordance with the established department subpoena process.

The Chief of Police will report any request from federal immigration authorities, vendor, or any non-local agency to access data for federal immigration enforcement purposes within 10 days of receiving the request.

In the event a Federal Agency is given BPD-owned data from Community Video Streams, the Berkeley Police Chief or designee will notify the City Manager, City Attorney, and City Council within 72 hours of the discovery of the incident.

The Department does not own, control, or have the right to share the live video streams or raw data stored on the third-party camera systems involved in this integration. Release and data- sharing provisions in this policy and in Surveillance Use Policy 1306 apply only to evidentiary data the Department has actually downloaded and retained.
355.7 COMMUNITY VIDEO STREAMS AUDIT
The community video streams software generates a site log each time the system is accessed.

The site log is broken down by server, device, user or general access. The site log is kept on the server for two years and is exportable for reporting. System audits will be conducted by the Office of Strategic Planning and Accountability (OSPA) on a regular basis, at least biennialtwice a year.

As part of the audit, OSPA will confirm that BPD does not enter any direct data sharing agreements or give direct access to outside agencies. A log of any instance of when surveillance footage has been shared, including date, time, reasons for search, and any recipient agencies. As part of each audit, OSPA shall review a sample of system access logs to verify that queries were associated with a valid case or incident number, conducted by an authorized user, and consistent with the authorized uses enumerated in this policy.

BPD will enforce against prohibited uses of the cameras pursuant to Policy 1010, Personnel Complaints, or other applicable law or policy. The City Manager shall enforce against any prohibited use of cameras and/or access to data by other City of Berkeley personnel.

The audit shall be documented in the form of an internal department memorandum to the Chief of Police. The memorandum shall include any data errors found so that such errors can be corrected. After review by the Chief of Police, the memorandum and any associated documentation shall be published on the City of Berkeley website in an appropriate location, and retained within the Office of Strategic Planning and Accountability.

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355.8 TRAINING
All BPD members authorized to access community video streams systems shall receive appropriate training. Training should include guidance on the use of cameras, associated software, and review of relevant policies and procedures, including this policy as well as review of relevant City of Berkeley laws and regulations. Training should also address state and federal law related to the use of video surveillance equipment and privacy. All relevant recordings that are utilized will be collected pursuant to Policy 802 Property and Evidence, and retained pursuant to Policy 804 Records and Maintenance.
355.9 MAINTENANCE
It shall be the responsibility of the private owners of the cameras to facilitate and coordinate any updates and required maintenance.

BERKELEY POLICE DEPARTMENT BMC 2.99 ACQUISITION REPORT – INVESTIGATIVE SOFTWARE 1 Background
The Berkeley Police Department (BPD) seeks to implement Investigative Software that enables authorized BPD personnel to search, correlate, and visualize records the Department already maintains or is otherwise authorized to access, in a single secure interface, to support active criminal investigations, serious traffic investigations, and the review of critical incidents and natural disasters.

The Department intends to procure the Investigative Software through a competitive process. The Investigative Software operates above existing approved data sources; it does not itself capture audio, video, location, biometric, or other surveillance data from the public.

Nothing in this report or in the accompanying Surveillance Use Policy modifies, supersedes, or relaxes any provision of any approved Surveillance Use Policy or Police Equipment Use Policy that governs any technology or information source integrated into the Platform. Each integrated source continues to be governed by its own approved policy, including but not limited to that policy's authorized and prohibited uses, retention schedule, data-access rules, data-sharing rules, and oversight requirements. In the event of any conflict between this report or the accompanying Surveillance Use Policy and the approved policy of an integrated source, the more protective provision controls.

This report and the accompanying Surveillance Use Policy do not authorize any new collection of data, any new retention of data, any new sharing of data, or any new use of data that would not be permitted under the integrated source's own approved policy.

To the extent that it might be required, this document satisfies the requirements of BMC

2.99 for “publicly-released written report produced prior to acquisition... that includes...” sections covering description, purpose, location, impact, mitigation, data types and sources, data security, fiscal cost, third party dependence and access, alternatives, and experience of other entities of the equipment.

1. Description
Information describing the Surveillance Technology and how it works, including product descriptions from manufacturers
Description:

An Investigative Software is a cloud-hosted software system that sits above existing data sources and provides authorized users a single, audited interface through which to search, link, visualize, and analyze records that today must be queried separately from each source system. The Investigative Software does not itself capture audio, video, location, biometric, or other surveillance data from the public. It is the layer on top, and not a sensor or collector.

BERKELEY POLICE DEPARTMENT BMC 2.99 ACQUISITION REPORT – INVESTIGATIVE SOFTWARE 2 Functionally, an Investigative Software of this category combines two operational layers.

The integration layer connects approved internal systems (such as Computer-Aided Dispatch, Records Management, and Digital Evidence Management) and approved external data sources to a common, indexed workspace. The analytics layer provides search, link analysis, case-to-case matching, mapping, timeline construction, and structured workflows over the integrated data, enabling authorized personnel to identify connections among records that would be difficult or impractical to identify through manual cross-system queries.

How it Works:

Approved data sources are connected to the Investigative Software through secure, authenticated integrations (typically encrypted API connections or encrypted data exports). Records from each source are indexed and made searchable through a single interface. When an authorized user runs a query tied to a specific BPD case or incident number, the Investigative Software returns matching records from the connected sources and may display relationships among them. Face Recognition Technology is prohibited.

Manufacturers’ Descriptions:

The following are manufacturers'’ descriptions of investigative software platforms that are representative of a broader range of platforms that are used for the same purposes and are not intended to express a preference for any particular vendor. “Peregrine's full-stack platform transforms disconnected data into complete operational context. Built around your reality, it puts actionable intelligence in the hands of every person in your organization.”
“Flock Nova: Search Once. Act Faster. A real-time investigative and operations platform that helps teams find context, coordinate work, and move cases forward.” “The Mark43 platform enables agencies to operate efficiently across desktop, mobile data terminals (MDT), and mobile devices, providing real-time access to operational data and workflows. The system is designed to be scalable and maintenance-free, supporting secure information sharing and collaboration across public safety teams.”

2. Purpose
Information on the proposed purpose(s) for the Surveillance Technology The proposed purposes of the Investigative Software are limited to:
 Supporting specific and active criminal investigations.  Supporting serious traffic-related investigations.
 To support police misconduct investigations.
 Responding to and reviewing critical incidents and natural disasters.

BERKELEY POLICE DEPARTMENT BMC 2.99 ACQUISITION REPORT – INVESTIGATIVE SOFTWARE 3 Each individual query of the Investigative Software must, in addition, fall within the authorized purposes of the source policy governing the data being queried. The Investigative Software may not be used for any general intelligence-gathering, for monitoring of First Amendment-protected activity, or for any other purpose not enumerated above.

3. Location
The general location(s) it may be deployed and reasons for deployment The Investigative Software is a cloud-hosted software application. It is not installed at any physical location in public space and does not involve installation of any new hardware in the field. Access is limited to authorized BPD personnel using Department- issued or Department-authorized devices on the Department's network. Connected internal data sources reside on existing Department systems. Connected external data sources, where authorized, reside with their respective owners or operators and are accessed only through the Platform's secure interface.

4. Impact
An assessment identifying potential impacts on civil liberties and civil rights including but not limited to potential disparate or adverse impacts on any communities or groups Although the Investigative Software itself collects no new data from the public, the aggregation and easier searchability of data already authorized for the Department's access raises civil-rights and civil-liberties considerations that warrant transparent acknowledgment and specific safeguards. The Department identifies the following potential impacts and addresses each through the mitigations described in Section 5 and through the accompanying Surveillance Use Policy.
 Combining records that are each individually permissible to hold can produce a more revealing picture of a person's movements, associations, and activities than any single record. The Investigative Software addresses this by limiting connected data sources to those enumerated in Section 6, by requiring that every query be tied to a specific BPD case or incident, and by auditing all queries.
 BMC 2.99.030(5) prohibits the City from obtaining, retaining, requesting, accessing, or using Face Recognition Technology or information obtained from Face Recognition Technology. Some Investigative Software vendors offer face- comparison, face-matching, or face-clustering features. Any such feature shall be disabled in the Department's deployment, shall not be enabled by the vendor without explicit Council approval under BMC 2.99, and any inadvertent receipt of Face Recognition output shall be handled in accordance with BMC 2.99.030(5).  Some underlying data sources reflect historical patterns of police contact, which in Berkeley and elsewhere have not fallen evenly across communities. A tool that

BERKELEY POLICE DEPARTMENT BMC 2.99 ACQUISITION REPORT – INVESTIGATIVE SOFTWARE 4 makes those records easier to query can, if used carelessly, reinforce those patterns. Mitigations include the case-number-tied query requirement, the prohibition on general intelligence-gathering and dragnet searches in the accompanying Surveillance Use Policy, and the audit-log requirement that records the user, time, source, case number, and reason for each query.  Investigative Software vendors typically offer the ability to share case data with other participating agencies. Under the accompanying Surveillance Use Policy, the Investigative Software does not create independent authority to share data with any third party; any sharing of data that originates from a connected surveillance technology source is governed by that source's approved Surveillance Use Policy or Police Equipment Use Policy. Berkeley's sanctuary policies, the California Values Act (Gov. Code §§ 7282.5, 7284.2 et seq.), AB 1184, AB 352, AB 1242, SB 345, and BPD Policy 423 therefore continue to govern data accessed through the Platform.
 The Investigative Software permits queries of publicly available open-source data when tied to a specific active investigation. Open-source data can implicate First Amendment-protected activity and produce inaccurate or biased results. The accompanying Surveillance Use Policy addresses this by requiring that every query be tied to a specific case or incident and by prohibiting general intelligence-gathering and dragnet searches.
 Publicly available reporting in 2024 and 2025 has documented that at least one Investigative Software vendor explored sourcing data from data breaches and dark-web marketplaces. The accompanying Surveillance Use Policy prohibits the ingestion of any data the vendor obtained from stolen-data sources, breach- origin sources, or unauthorized aggregations, and requires written vendor representation confirming that no such data is present in the Department's instance.
 There is a risk that integrating multiple technologies into a single platform could implicitly relax the protections in any one technology's existing approved policy.

The accompanying Surveillance Use Policy expressly addresses this risk: it does not modify any integrated source's existing policy, and where the Platform's rules and a source's rules conflict, the more protective provision controls.

5. Mitigations
Information regarding technical and procedural measures that can be implemented to appropriately safeguard the public from any impacts identified The Department will implement the following technical and procedural mitigations, each of which is also embodied in the accompanying Surveillance Use Policy:

BERKELEY POLICE DEPARTMENT BMC 2.99 ACQUISITION REPORT – INVESTIGATIVE SOFTWARE 5  Face Recognition Technology and any face-comparison or face-identification feature shall be disabled and shall not be enabled, used, or queried.  Every query shall be associated with a specific BPD case number or incident number, a case type, and/or a documented reason, recorded in the Platform's audit log.
 The Investigative Software shall not be configured to ingest, and the Department shall not authorize the ingestion of, any data the vendor obtained from data breaches, dark-web marketplaces, or unauthorized aggregations. Vendor written representation shall be obtained at contract execution.  Connected data sources are limited to those enumerated in Section 6 of this report.
 For each connected source, the source's existing approved Surveillance Use Policy or Police Equipment Use Policy continues to control. Where the Platform's rules and the source's rules conflict, the more protective rule applies.  The Investigative Software does not create independent authority to share data with any third party. All third-party data sharing is governed by the approved policy of the connected source from which the data originates.  The Investigative Software shall be hosted in a CJIS-compliant environment with Multi-Factor Authentication, role-based access controls, and encryption in transit and at rest.
 The Investigative Software shall generate an audit log of every access event.  All Investigative Software output shall be treated as an investigative lead only and shall be independently corroborated before any enforcement, charging, or detention decision.

6. Data Types and Sources
A list of the sources of data proposed to be collected, analyzed, or processed by the Surveillance Technology, including "open source" data
The Investigative Software does not itself collect data from the public. The Investigative Software analyzes data from the connected sources enumerated below. Each connected source is, at all times, governed by its own approved policy in addition to this policy, and the more protective provision controls. The annual report filed with City Council pursuant to BMC 2.99.020(2)(d) shall include a current list of all data sources connected to the Investigative Software.

Authorized Connected sources
 BPD Computer-Aided Dispatch (CAD) records.
 BPD Records Management System (RMS) reports and supplements.  BPD Digital Evidence Management System metadata, and case-specific content.  Automated License Plate Reader (ALPR) data.

BERKELEY POLICE DEPARTMENT BMC 2.99 ACQUISITION REPORT – INVESTIGATIVE SOFTWARE 6  Fixed video camera data.
 Unmanned Aerial Systems (UAS) data.
 Opt-in case-linkage data voluntarily shared by other participating law- enforcement agencies.
 NIBIN (National Integrated Ballistic Information Network) ballistic-evidence data, accessed by federally authorized BPD personnel in connection with firearm investigations.
 Publicly available open-source data.
 Any future surveillance technology approved by Council through the STO process.

Excluded Sources
The following sources shall not be connected to the Platform:
 Face Recognition Technology data.
 Federal immigration enforcement databases, and any data feed whose primary purpose is to support civil immigration enforcement.
 Out-of-state criminal databases queried for the purpose of supporting laws that restrict or criminalize reproductive rights or the provision or receipt of gender- affirming care, consistent with California law.
 Any data the vendor obtained from data breaches, dark-web marketplaces, or unauthorized aggregations. Vendor written representation that no such data is present in the Department's instance shall be obtained at contract execution.

7. Data Security
Information about the steps that can be taken to ensure adequate security measures to safeguard the data collected or generated from unauthorized access or disclosure

BERKELEY POLICE DEPARTMENT BMC 2.99 ACQUISITION REPORT – INVESTIGATIVE SOFTWARE 7 The Investigative Software shall use a multi-layered security architecture to preserve the integrity and confidentiality of the data:
 Access shall require secure login credentials with Multi-Factor Authentication (MFA).
 Access shall be restricted to authorized personnel and audited for compliance.  The storage environment shall comply with CJIS standards.  Evidentiary data downloaded for investigations shall be stored in the Department's digital evidence system and retained according to state law.  Vendor obligations including prompt notification of any security incident or data breach, contractual financial penalties for unauthorized disclosures, restrictions on vendor use of City data, and survival of City data-handling protections after contract termination, as set forth in the procurement contract.

8. Fiscal Cost
The fiscal costs for the Surveillance Technology, including initial purchase, personnel and other ongoing costs, including to the extent practicable costs associated with compliance with this and other reporting and oversight requirements, as well as any current or potential sources of funding;
The costs below represent estimates. The anticipated source of funding is the Department's existing operating budget. We expect that the use of this technology, in combination with other investigative and situational-awareness tools, will reduce the need for overtime by improving the efficiency of investigations and real-time response, generating savings that can offset ongoing subscription costs. In addition, we anticipate that vendors may offer this investigative software at reduced or no additional cost when it is bundled with other technology or services already procured by the Department, further limiting the net fiscal impact.

Initial Cost:
 Initial year subscription cost is estimated at $75,000 to $150,000, depending on vendor selection, connected source count, and feature set. Funding will be identified through the City's standard budgeting and appropriation processes.

Cost of Use:
 Operational use is absorbed within existing salaries of investigators and analysts.

The Investigative Software is intended to reduce the time officers and analysts spend on cross-system queries.

Costs of Potential Adverse Impacts:

BERKELEY POLICE DEPARTMENT BMC 2.99 ACQUISITION REPORT – INVESTIGATIVE SOFTWARE 8  Potential costs include data-breach liability, claims of privacy violation, and litigation costs associated with civil-rights claims. These risks are mitigated by the contractual financial-penalty clause to be negotiated into the procurement contract, by CJIS-compliant hosting, by the prohibitions on Face Recognition and excluded data sources, and by strict audit and supervisory review.  Costs of compliance with reporting and oversight requirements: potential costs could arise from data breach litigation or claims of privacy violation. However, the reliance on voluntary consent to access cameras that already are in place as well as strict audit logs minimizes this risk. Strict adherence to the Use Policy will further mitigate liability. The cost of compliance with BMC 2.99 will be absorbed into the existing salary costs of PD staff.

Annual and Ongoing Costs:
 Continued operation beyond the initial year is estimated at $75,000 to $150,000 per year, subject to vendor selection and Council appropriation. Any continuation beyond the initial term will require a separate contract authorization by Council.

Training Costs:
 Personnel: The operational cost is absorbed within the existing salary of the investigating officers and this increased efficiency will likely result in time savings.

Initial and ongoing training is to be included in the vendor subscription and absorbed into regular in-service training hours.

Maintenance and Storage Costs:
 Maintenance of the Investigative Software is included in the subscription.

Upgrade Costs:
 Software upgrades are included in the annual subscription model.

9. Third Party Dependence and Access
Whether use or maintenance of the technology will require data gathered by the technology to be handled or stored by a third-party vendor on an ongoing basis, and whether a third party may have access to such data or may have the right to sell or otherwise share the data in aggregated, disaggregated, raw or any other formats
The Investigative Software does not create independent authority to share surveillance technology data with any third party. Surveillance technology accessed through the Investigative Software that originates from a connected source may only be shared with any non-City entity in accordance with the approved Surveillance Use Policy or Police Equipment Use Policy that governs that connected source. All restrictions on sharing contained in those approved policies including any applicable provisions regarding

BERKELEY POLICE DEPARTMENT BMC 2.99 ACQUISITION REPORT – INVESTIGATIVE SOFTWARE 9 sanctuary protections, federal immigration enforcement, out-of-state reproductive-rights or gender-affirming-care enforcement and vendor disclosure apply to the data when it is accessed through the Platform.

The procurement contract shall provide that the City retains ownership of all of its data and any anonymized derivatives, that the vendor is prohibited from selling, sharing, or distributing City data without explicit City authorization, that the vendor may disclose City data to a government agency only upon a legal request and with the City's written consent, that consistent with the California Values Act and BPD Policy 423 the vendor may not provide City data to federal immigration authorities in response to an administrative subpoena or similar request without a court order, that the vendor must promptly notify the City of any security incident or data breach, and that City ownership and control of its data survives contract termination.

10. Alternatives
A summary and general assessment of potentially viable alternative methods (whether involving the use of a new technology or not), if any, considered before deciding to propose acquiring the Surveillance Technology
Status quo (no platform). Investigators continue to query each source system separately and reconcile results manually. This preserves the strictest separation between systems but materially slows investigations where ballistic, ALPR, and case-report data must be combined quickly, and makes it harder to detect serial offenses that span multiple report categories.

In-house data integration. The City could build its own integration layer across CAD, RMS, and Digital Evidence Management. This option offers maximum control but is fiscally and technically prohibitive within the relevant timeframe and would not, on its own, provide the case-linkage benefits available from opt-in inter-agency data sharing.

11. Experience of Other Entities
To the extent such information is available, a summary of the experience of comparable government entities with the proposed technology, including any unanticipated financial or community costs and benefits, experienced by such other entities Investigative Software platforms of this category are in use by a range of California and out-of-state agencies, including municipal police departments, county sheriffs, and state-level criminal-justice entities. State-level deployments include statewide criminal- justice data-sharing platforms in at least one state, supported by an analytics vendor in this category.

Publicly available reporting has identified concerns with certain configurations of Investigative Software products in other jurisdictions, including: default-on use of face- matching features in some vendor deployments; reports that one vendor explored sourcing data from breaches and dark-web marketplaces before publicly stating it would

BERKELEY POLICE DEPARTMENT BMC 2.99 ACQUISITION REPORT – INVESTIGATIVE SOFTWARE 10 not do so; default-on inter-agency sharing settings, including with federal agencies in apparent violation of state sanctuary laws; and inadequate audit-log review by adopting agencies. The mitigations in this report and the accompanying Surveillance Use Policy are designed specifically to address each of these concerns.

Several California municipalities have adopted public use policies for analogous integration or analytics platforms within the past year. Those policies share certain core features: a defined data-source list, prohibitions on face recognition, mandatory audit logs, and deference to the source-system policies that govern each integrated data source. The Department has reviewed those policies and has incorporated analogous protections in the accompanying Surveillance Use Policy. Where peer policies have been criticized, including by civilian oversight bodies, the principal concerns have been insufficient restriction on inter-agency sharing and lack of explicit prohibitions on stolen- data ingestion. The accompanying Surveillance Use Policy addresses each of these concerns directly by deferring third-party data sharing to the approved policies of the connected sources from which the data originates, and by prohibiting ingestion of any data the vendor obtained from data breaches, dark-web marketplaces, or unauthorized aggregations.

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Surveillance Use Policy - Investigative Software
1307.1 PURPOSE
This policy provides guidance for the use of Investigative Software by the Berkeley Police Department (BPD). The purpose of the Investigative Software is to enable authorized BPD personnel to search, correlate, and visualize records that the Department already maintains or is otherwise authorized to access, in support of specific and active criminal investigations, firearm and gun-violence investigations, serious traffic investigations, police misconduct investigations, and review of critical incidents and natural disasters.

The Investigative Software integrates and enables analysis of data from sources that are separately approved under BMC Chapter 2.99 and governed by their own approved Surveillance Use Policies, authorized for the Department's possession or access by state or federal law, or otherwise authorized for the Department's use. The Investigative Software itself does not capture audio, video, location, biometric, or other surveillance data from the public; it is the workspace through which already-authorized data is queried. This policy expressly prohibits querying or sharing data for the purpose of supporting federal civil immigration enforcement or for the purpose of supporting the enforcement of laws that restrict or criminalize reproductive rights, abortion, or the provision or receipt of gender-affirming care. 1307.2 AUTHORIZED USE
Only BPD members who have received training on this policy, on the approved Surveillance Use Policies of the connected sources that the member will access through the Platform, on BPD Policy 423 (Immigration Law), and on applicable state restrictions on reproductive-rights and gender-affirming-care data sharing, and who have then been granted access by an administrator, may access the Platform. Every query shall be associated with a specific BPD case number or incident number, a case type, and/or a documented reason, recorded in the Platform's audit log.

The Investigative Software may only be accessed and used by authorized BPD personnel and such access will be for the following purposes only:
 To support specific and active criminal investigations.  To support serious traffic-related investigations.
 To support police misconduct investigations.
 To respond to and review critical incidents or natural disasters.

Each query of the Investigative Software must, in addition, fall within the authorized purposes of the approved policy that governs the connected source being queried. If a connected source's policy authorizes its data only for specified investigative uses, the Investigative Software shall not be used to query that data for any other use.

Prohibited Uses
The following uses of the Investigative Software are prohibited:
 Use of Face Recognition Technology, or any feature that performs automated or semi- Policy
1307

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automated identification or verification of an individual based on the individual's face.  General intelligence-gathering, dragnet searches, or any query that is not tied to a specific BPD case or incident.
 Use to harass, intimidate, or retaliate against any individual or group.  Querying or sharing data for the purpose of supporting federal civil immigration enforcement. Consistent with BPD Policy 423, state law, and the City's sanctuary policiesordinance (BMC 13.114), data accessed through the Investigative Software may not be shared with federal immigration authorities except as required by court order, and any such request shall be reported to the Chief of Police and to Council within 10 days.  Querying or sharing data with law-enforcement agencies from other states for the purpose of supporting the enforcement of laws that restrict or criminalize reproductive rights, abortion, or the provision or receipt of gender-affirming care.  Use of Investigative Software output as the sole basis for any enforcement action.

Platform-generated correlations, links, and matches shall be treated as investigative leads only and shall be independently corroborated before any arrest, detention, or charging decision.
 Any use for personal, political, commercial, or non-law-enforcement purposes.  Any use that is prohibited by the approved Surveillance Use Policy or Police Equipment Use Policy of a connected source whose data is being queried. 1307.3 DATA COLLECTION AND CONNECTED SOURCES
The Investigative Software does not itself collect data from the public. The Investigative Software analyzes data from the connected sources enumerated below. Each connected source is, at all times, governed by its own approved policy in addition to this policy, and the more protective provision controls. The annual report filed with City Council pursuant to BMC 2.99.020(2)(d) shall include a current list of all data sources connected to the Investigative Software.

Authorized Connected Sources
 BPD Computer-Aided Dispatch (CAD) records.
 BPD Records Management System (RMS) reports and supplements.  BPD Digital Evidence Management System metadata, and case-specific content.  Automated License Plate Reader (ALPR) data.
 Fixed video camera data.
 Unmanned Aerial Systems (UAS) data.
 Opt-in case-linkage data voluntarily shared by other participating law-enforcement agencies.  NIBIN (National Integrated Ballistic Information Network) ballistic-evidence data, accessed by federally authorized BPD personnel in connection with firearm investigations.  Publicly available open-source data
 Any future surveillance technology approved by Council through the STO process.

Excluded Sources
The following sources shall not be connected to the Platform:
 Face Recognition Technology data.

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 Federal immigration enforcement databases, and any data feed whose primary purpose is to support civil immigration enforcement.
 Out-of-state criminal databases queried for the purpose of supporting laws that restrict or criminalize reproductive rights or the provision or receipt of gender-affirming care, consistent with California law.
 Any data the vendor obtained from data breaches, dark-web marketplaces, or unauthorized aggregations. Vendor written representation that no such data is present in the Department's instance shall be obtained at contract execution. 1307.4 DATA ACCESS
Access to the Investigative Software shall be limited to BPD personnel who have completed required training and have a current and documented investigative need. A user's access to a connected source through the Investigative Software shall not exceed the access that the user would have to that source directly under the source's own approved policy. The vendor will retain no right access, use, sell or otherwise share Investigative Software data for any purpose without BPD’s written consent.
1307.5 DATA PROTECTION
This program shall utilize a multi-layered security architecture to preserve the integrity and confidentiality of the data:
 Access shall require secure login credentials with Multi-Factor Authentication (MFA).  Access shall be restricted to authorized personnel and audited for compliance.  The storage environment shall comply with CJIS standards.  Evidentiary data downloaded for investigations shall be stored in the Department’s digital evidence system and retained according to state law.
 Vendor obligations including prompt notification of any security incident or data breach, contractual financial penalties for unauthorized disclosures, restrictions on vendor use of City data, and survival of City data-handling protections after contract termination, as set forth in the procurement contract.
1307.6 CIVIL LIBERTIES AND RIGHTS PROTECTION
To protect against use of the Investigative Software in ways that would violate or infringe upon civil rights or civil liberties, including but not limited to potential disparate or adverse impacts on any community or group, the following safeguards apply:
 Face Recognition Technology is prohibited.
 Every query must be tied to a specific BPD case or incident.  Investigative Software output shall be treated as an investigative lead only and shall be independently corroborated before any enforcement, charging, or detention decision.  All other access, retention, sharing, training, and audit provisions of this policy serve to protect against unauthorized use of the Investigative Software and the data accessed through it.
1307.7 DATA RETENTION
Data accessed through the Investigative Software but not downloaded or saved by the Department is not retained by the Department independently of the connected source. The retention schedule of the connected source from which the data was obtained continues to control.

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Data downloaded or saved by the Department in connection with a specific case shall be stored in the Department's digital evidence system and retained in accordance with state law and existing Departmental evidence-retention protocols.
1307.8 PUBLIC ACCESS
Data collected and used in a police report shall be made available to the public in accordance with department policy and applicable state or federal law. Requests for records derived from the Investigative Software shall be processed in the same manner as requests for department public records pursuant to Policy 804. Records that are the subject of a court order or subpoena shall be processed in accordance with the established department subpoena process. 1307.9 THIRD-PARTY DATA-SHARING
The Investigative Software does not create independent authority to share surveillance technology data with any third party. Surveillance technology accessed through the Investigative Software that originates from a connected source may only be shared with any non-City entity in accordance with the approved Surveillance Use Policy or Police Equipment Use Policy that governs that connected source. All restrictions on sharing contained in those approved policies including any applicable provisions regarding sanctuary protections, federal immigration enforcement, out-of-state reproductive-rights or gender-affirming-care enforcement and vendor disclosure apply to the data when it is accessed through the platform.

The procurement contract shall provide that the City retains ownership of all of its data and any anonymized derivatives, that the vendor is prohibited from selling, sharing, or distributing City data without explicit City authorization, that the vendor may disclose City data to a government agency only upon a legal request and with the City's written consent, that consistent with the California Values Act, BMC 13.114, and BPD Policy 423 the vendor may not provide City data to federal immigration authorities in response to an administrative subpoena or similar request without a court order, that the vendor must promptly notify the City of any security incident or data breach, and that City ownership and control of its data survives contract termination. 1307.10 TRAINING
All BPD members authorized to access the Investigative Software shall receive appropriate training before access is granted, and refresher training not less than annually. Training shall include:
 Use of the Investigative Software.
 This policy and BMC Chapter 2.99.
 The approved Surveillance Use Policy and Police Equipment Use Policy of every connected source that the member will access through the Platform.  BPD Policy 423 (Immigration Law), BMC 13.114 (Sanctuary Ordinance), the California Values Act, and applicable state restrictions on reproductive-rights and gender-affirming- care data sharing.
 State and federal law on privacy, search and seizure, and the use of analytics in criminal investigations.
 The limitations of Investigative Software output, including the requirement that all Platform- generated correlations be treated as leads and independently corroborated.  Identification and avoidance of disparate-impact and bias risks.

Records utilized in investigations shall be collected pursuant to Policy 802 (Property and Evidence) and retained pursuant to Policy 804 (Records Maintenance). 1307.11 AUDITING AND OVERSIGHT

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The Investigative Software generates a site log each time the system is accessed. Audits will be conducted on a regular basis, at least twice a yearbiennial. As part of the audit, the Offices of Strategic Planning and Accountability (OSPA) will confirm that BPD does not enter any direct data sharing agreements or give direct access to outside agencies.

BPD will enforce against prohibited uses of the Investigative Software pursuant to Policy 1010, Personnel Complaints, or other applicable law or policy. The City Manager shall enforce against any prohibited use of cameras and/or access to data by other City of Berkeley personnel.

The audit shall be documented in the form of an internal department memorandum to the Chief of Police. The memorandum shall include any data errors found so that such errors can be corrected. After review by the Chief of Police, the memorandum and any associated documentation shall be placed into the annual report filed with the City Council pursuant to BMC Section 2.99.020 2. d., published on the City of Berkeley website in an appropriate location, and retained within the Professional Standards Bureau.
1307.12 MAINTENANCE
Maintenance of the Investigative Software shall be provided by the vendor under the procurement contract. Maintenance of integrated internal systems remains the responsibility of the respective system vendors.

SUPPLEMENTAL

AGENDA MATERIAL
for Supplemental Packet 2
Meeting Date: June 2, 2026
Item Number:

Item Description: Council Directed STO Approvals
Submitted by: City Manager Paul Buddenhagen
This document provides staff's initial responses to the sub-items identified in the Mayor's Supplemental Memorandum referring the Community Video Streams (CVS) Acquisition Report and Surveillance Use Policy to the Public Safety Policy Committee (PSPC). Staff welcomes the opportunity for additional committee-level dialogue and intends to work collaboratively with the PSPC, the Police Accountability Board (PAB), and stakeholders to refine the policy framework prior to final Council action.

PURPOSE
This document provides staff's initial responses to the sub-items identified in the Mayor's Supplemental Memorandum referring the Community Video Streams (CVS) Acquisition Report and Surveillance Use Policy (Policy 1306) to the Public Safety Policy Committee (PSPC). Staff welcomes the opportunity for additional committee-level dialogue and intends to work collaboratively with the PSPC, the Police Accountability Board (PAB), and stakeholders to refine the policy framework prior to final Council action at the end of the Request for Proposals (RFP) process.

Staff responses are organized by sub-item lettered (a) through (h) as listed in the Mayor's referral. Where a concern is substantially addressed by existing policy language, staff identifies the relevant provision. Where additional work is warranted, staff describes the approach and anticipated timeline.

RESPONSES
a. First Amendment Protections
Add an explicit prohibition on surveillance of First Amendment activity, unless there is a clear, articulable, and imminent public safety threat that is actively occurring.

Staff Response:

Staff concurs that an explicit First Amendment protection provision strengthens the policy and provides important clarity for both officers and the public. Policy 1306 currently prohibits use of community video streams in an "unequal or discriminatory manner" targeting protected characteristics and restricts access to specific authorized use cases (active criminal investigations, serious traffic investigations, police misconduct investigations, and critical incidents). However, the policy does not include an affirmative, standalone prohibition on surveilling constitutionally protected activity such as protests, demonstrations, or other expressive assemblies.

Staff proposes adding the following language to Policy 1306.2 (Authorized Use) or as a new stand-alone subsection:
"Community video streams shall not be accessed for the purpose of monitoring, documenting, or recording individuals engaged in activity protected by the First Amendment to the United States Constitution or Article I of the California Constitution, including but not limited to lawful protests, demonstrations, political gatherings, or religious assemblies. Access during or in the vicinity of such activity is permissible only where there exists a clear, articulable, and imminent public safety threat that is actively occurring, and such access shall be limited in scope to the specific threat. Any such access shall be documented with particularity in the system log, including the specific articulable threat justifying access."
b. Data Retention Periods

Specify concrete data retention periods with the four elements required by BMC

2.99.020.4(g).

Staff Response:

BMC 2.99.020.4(g) requires that data retention schedules address: (1) the length of time data is retained; (2) the basis for that period; (3) who may authorize extensions; and (4) procedures for destruction upon expiration.

Policy 1306.7 (Data Retention) currently delegates retention of non-evidentiary footage to the camera owner's own schedule, and provides that evidentiary footage is retained "in accordance with state law and existing Departmental evidence retention protocols." This approach reflects the unique architecture of the CVS program- BPD does not own or continuously store video; it only downloads footage when it is relevant to an active investigation. Once downloaded, footage is managed under existing evidence retention rules applicable to all digital evidence.

In an effort to explicitly enumerate the four BMC 2.99.020.4(g) elements for the evidentiary footage category. Staff proposes to revise Policy 1306.7 to address each element as follows:
“Length of retention: Evidentiary footage shall be retained for the period prescribed by applicable state law governing criminal evidence and Department evidence policies (currently consistent with the applicable statute of limitations for the underlying offense, plus administrative hold requirements).

Basis: Retention period is based on the evidentiary and legal requirements of the associated criminal investigation or proceeding.

Authorization for extensions: Extensions beyond the standard period may be authorized by the Investigations Division Captain or their designee, and shall be documented in the case record.

Destruction procedures: Upon expiration of the applicable retention period and confirmation that no active legal hold exists, footage shall be purged from Evidence.com in accordance with standard evidence disposition procedures, with destruction documented in the case management system.”
c. Disparate Impact Analysis
Conduct a disparate impact analysis addressing whether camera coverage is concentrated in areas with particular demographic characteristics.

Staff Response:

Staff agrees this is an important transparency and equity measure and commits to conducting a disparate impact analysis as part of the program's implementation framework. Because the CVS program is voluntary and camera locations are

determined entirely by private owners who opt in, the Department does not control the geographic distribution of integrated cameras. Nonetheless, the Acquisition Report acknowledges that deployment priorities will focus on major commercial corridors (Elmwood, Solano, Telegraph, Fourth Street, Downtown) and facilities with mass- casualty response needs.

As the program begins to incorporate video streams, staff will list those locations on our website and will proceed to conduct an analysis mapping camera coverage against census tract-level demographic data, including race/ethnicity, income, and primary language. This analysis will:
 Identify whether opt-in participation is disproportionately concentrated in or absent from areas with particular demographic characteristics;  Assess whether the Department's prioritization criteria- focused on major commercial corridors- creates patterns of disparate coverage;  Recommend mitigation measures if disparate patterns are identified, which may include affirmative outreach to underrepresented business districts or geographic restrictions on targeted enrollment efforts.

Staff proposes to incorporate analysis findings into the BMC 2.99 annual report to Council. The methodology and findings will be published on the City's website consistent with the transparency requirements of Policy 1306.13 and BMC 2.99. d. Adverse Findings from Comparable Jurisdictions
Supplement Section 11 of the Acquisition Report to disclose adverse findings from comparable jurisdictions.

Staff Response:

Staff recommends adding the following text in Section 11 of the Acquisition Report:
“Community video integration is in active use regionally and nationally; most comparably, the Oakland City Council approved a similar program in December 2025, with comparable tools operating in San Francisco, Alameda County, and other jurisdictions. Criticism of the technology is found with the largest programs: Detroit's Project Green Light and Chicago's Operation Virtual Shield have been faulted for expanding into continuous, citywide monitoring, for pairing camera feeds with facial recognition, and in Chicago's case, for operating with limited regulation or public transparency. These criticisms do not transfer to the program proposed here. The Department seeks to integrate only voluntarily shared feeds that owners may revoke at any time; live access is limited to active incidents rather than continuous monitoring; facial recognition is prohibited on any stream; and the program operates under the public BMC 2.99 review process, with a published list and map of all integrated cameras, on-site signage, audit logging, express prohibition on use for monitoring first

amendment assemblies, and biennial OSPA review. The features that generated controversy elsewhere- always-on monitoring, facial recognition, and the absence of oversight- are excluded here by design.”
e. Immigration-Related Search Reporting
Update immigration-related search reporting to match the 72-hour standard and named recipients in Policy 351 section 351.6 per our Sanctuary City Ordinance.

Staff Response:

The two provisions in Policy 351.6 cover different events. The ten-day requirement applies to requests for immigration-enforcement access- and Policy 1306.9 already carries it. The 72-hour requirement applies when a federal agency is actually given BPD-owned data held by a vendor. That event does not arise under CVS: BPD holds no standing pool of community video stream data with a vendor. The only CVS data the Department controls is evidentiary footage in its digital evidence system, already governed by evidence-retention and immigration policies.

Staff can add parallel 72-hour language (City Manager, City Attorney, City Council) for cross-policy consistency if the Committee prefers.
f. Cross-Platform Integrated Technology Use Policy
Consider developing a use policy to address combined cross-platform use of all integrated technologies, regardless of vendor used, including ALPR, fixed cameras, community video streams, and drones.

Staff Response:

BMC 2.99 structures acquisition reports and use policies on a technology-by-technology basis. Under the current ordinance, staff is not positioned to adopt a single use policy governing combined cross-platform use. Staff would welcome Council direction and a process to amend BMC 2.99 to enable such a framework. The Investigative Software use policy addresses how to use a platform that interacts with multiple surveillance technologies, but does not alter the primary use polices for each technology in any way. g. Semiannual Audits
Institute semiannual audits of CVS — similar to Council directive on fixed cameras established in July 2025.

Staff Response:

Staff has always interpreted Policy 1306.11 as requiring a regular twice-yearly cadence consistent with the July 2025 fixed-camera directive. Staff will change “biennial” to “twice a year” to remove the ambiguity.
h. Data Governance and Security Risk Analysis
Analyze the data governance and security risks of community camera integration.

Staff Response:

The Acquisition Report addresses data security in Sections 5 and 7 and Policy 1306 in Sections 1306.5 and 1306.9. Staff requests clarification from the authors on the specific data governance or security risks they wish to see analyzed beyond those provisions, so the analysis can be scoped appropriately.
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Additional concern: Third Party Access
BMC 2.99.020.3.i requires that an acquisition report have information about whether “use or maintenance of the technology will require data gathered by the technology to be handled or stored by a third-party vendor on an ongoing basis,” and whether a third party may have access to surveillance data or may otherwise sell or share it in any form. BMC 2.99.020.4.i similarly requires a use policy to have information about “if and how a non-City entity can access or use the information, including any required justification or legal standard necessary to do so and any obligations imposed on the recipient of the information.”
Staff Response:

Staff recommends adding the following text to the Acquisition Report and Surveillance Use Policy:
“The CVS integration is provided through a third-party platform vendor, but the Department maintains no standing pool of community video stream data with the vendor: non-evidentiary video remains on the camera owner's system, and the Department retains footage only when it is downloaded as evidence, after which it is held in the Department's own digital evidence system and governed by the Department's evidence-retention and immigration policies. The vendor may access the data only to operate the platform. No non-City entity, including any federal agency, is granted direct access to the camera registry or video feeds; a non-City law enforcement agency may obtain only retained evidentiary footage through standard evidence sharing protocols with pre-authorization from the Investigations Captain, and only for a specific active criminal investigation supported by valid legal process, with any recipient bound by this policy, the Department's Immigration Law Policy, and the bar on using the footage to enforce other states' laws restricting reproductive or gender-affirming care.”

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

INFORMATION CALENDAR
June 30, 2026
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Maricar Dupaya, Budget Manager
Subject: Voluntary Time Off Program for Fiscal Year 2027

INTRODUCTION
As a citywide cost-saving measure, the City Manager is designating 16 days of Voluntary Time Off (VTO) in Fiscal Year 2027 (July 1, 2026 to June 30, 2027) and authorizing certain City offices and non-essential services to temporarily close for those days.

CURRENT SITUATION AND ITS EFFECTS
The proposed 16 VTO dates will fall on a schedule like Fiscal Year 2026, with City offices generally closing on every second Friday, with additional days the last week in December 2026 (December 28 - December 31). The following are the proposed VTO Days:

Date (2026) Day Date (2027) Day
July 10 Friday January 8 Friday
August 14 Friday February 11** Thursday
September 11 Friday March 12 Friday
October 9 Friday April 9 Friday
November 3* Tuesday May 14 Friday
December 11 Friday June 11 Friday
December 28 Monday
December 29 Tuesday
December 30 Wednesday
December 31 Thursday
10 days (2026) 6 days (2027)
* VTO day in November is moved to Tuesday, November 3 due to 2026 Election Day. ** Please note that Friday, February 12, 2027, is observed Lincoln’s Birthday.

Voluntary Time Off Program for FY 2026 INFORMATION CALENDAR June 30, 2026

The purpose of VTO days is to generate savings to help balance the budget. The program is projected to achieve savings of $450,971 on an all-funds basis in Fiscal Year 2026. Since FY 2021, the actual savings per VTO day have been lower than in prior fiscal years, primarily due to the closure of City facilities and the implementation of remote work arrangements. Although a hybrid work schedule for City employees remains in place, the program continues to provide meaningful cost savings and is recommended for continuation in Fiscal Year 2027.

Voluntary Time Off Salary Savings

Fiscal Year Number of VTO
Days
Base Salary
Savings
Savings Per VTO
Day
2016 16 $367,821 $22,989
2017 16 $402,070 $25,129
2018 16 $475,400 $29,713
2019 17 $524,086 $30,829
2020 16 $467,108 $29,194
2021 17 $251,229 $14,778
2022 16 $251,148 $15,697
2023 16 $261,628 $16,352
2024 16 $274,582 $17,161
2025 16 $358,389 $22,399
2026 16 *$450,971 $28,186
*Annualized projection
The VTO program is recommended to continue in Fiscal Year 2027 and will be reevaluated later to determine whether the VTO program will also be implemented in Fiscal Year 2028. As shown in the chart below, the average savings per VTO day within the last decade ranged from $14,800 to $30,800.

Voluntary Time Off Program for FY 2026 INFORMATION CALENDAR June 30, 2026

In Fiscal Year 2026, staff considered the impact that the VTO days had on City services. It was determined that the VTO days were, in general, not having a significant detrimental effect on the City’s ability to provide quality services. Potential inconveniences to residents were mitigated in several ways, including keeping the 311 Customer Call Center open on VTO days, adjusting due dates for fines, and posting clear signs in advance of closure dates.

BACKGROUND
The concept for a VTO program was proposed in 2004 by the labor unions representing non-sworn employees as an alternative to a mandatory closure of City offices (“furloughs”) and staff layoffs. The VTO program designates certain days City offices are closed to the public while allowing staff to take paid or unpaid leave or voluntarily report to work. The VTO closures have permitted staff to reduce their vacation leave balances and eliminate the costly past practice of buying back vacation leave balances, which in turn has allowed the City to reduce its cost to pay out accrued vacation leave upon an employee’s separation from employment.

Likewise, the City Council approved a recommendation that designates any Statewide Election, including Primary and Special Statewide Elections, as VTO days1. Election Day occurs on the Tuesday after the first Monday in November of each even-numbered year, with the corresponding Primary Day occurring on the Tuesday after the first Monday of March.
1 https://records.cityofberkeley.info/PublicAccess/api/Document/AfIClpxxSiesVU%C3%81UeV6uHvDcSM3 47Ko0EvBQfWOAcMZctkvZVLhegoOT5Gsbt38OjQY6FVXdfzeIiGPO5gabOg4=/ $30,829
$14,778
$0
$5,000
$10,000
$15,000
$20,000
$25,000
$30,000
$35,000
2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026
Savings Per VTO Day

Voluntary Time Off Program for FY 2026 INFORMATION CALENDAR June 30, 2026

Service Impacts: The VTO program has generated minimal complaints from the public regarding the office closures and reduced services because many key services remain open to the public, while other services can be provided on a callback basis.

During VTO days, customer service counters at the Finance Customer Service Center and Permit Service Center are closed to the public. When Customer Service Center offices are closed, customers may access the drop box which is located outside 1947 Center building. Customers are redirected to access the drop box through signage to the Rent Board Office at 2125 Milvia Street on VTO days in the last week of December.

When the Permit Service Center is closed, building inspection services continue to be available to the public when City approvals are required for time-sensitive projects. The permit mailbox has been configured to accept emails from applicants on VTO days including applications for all types of building-related permits. In addition, Permit Service Center cashiers work most of the VTO days to return customer calls and process payments. The City will continue to notify the public of City VTO closure dates through public noticing, the press, voicemail messages, and signage.

The Voluntary Time Off Program for Fiscal Year 2027 is a Strategic Plan Priority, advancing our goal to provide an efficient and financially healthy City government.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
VTO days may reduce vehicle miles traveled associated with City employees’ work commute. Otherwise, there are no identifiable environmental and climate effects or opportunities associated with the subject of this report.

POSSIBLE FUTURE ACTION
We are continuing the VTO program in Fiscal Year 2027. However, the City Manager will reassess the economic impact as well as the cost benefit to the public of continuing these temporary closures of City offices for Fiscal Year 2028.

FISCAL IMPACTS OF POSSIBLE FUTURE ACTION
Cost savings are achieved on an annual basis from the VTO program. Since Fiscal Year 2016, annual cost savings ranging from $251,000 to $524,000 have been achieved from the VTO program.

CONTACT PERSON
Janelle Rodriguez, Director of Human Resources, 981-6800 Maricar Dupaya, Budget Manager, 981-7000

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/

INFORMATION CALENDAR
June 30, 2026
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Scott Gilman, Director, Health, Housing, & Community Services Subject: Referral Response: Open Doors Initiative: City Worker and First Time Affordable Homebuyer Program

SUMMARY
This information item responds to a Council referral to prepare a report detailing available first-time homeownership and low-income homeowner programs that might be available for implementation in the City of Berkeley. Staff researched first-time and low- income homebuyer programs to gather information on their scope and inform potential program designs for Berkeley. This report examines several mechanisms to advance home ownership in Berkeley, including:
 Existing programs, including Alameda County’s down payment assistance (DPA) program and CalHOME state funding for construction and acquisition- rehabilitation;
 Relevant City initiatives in zoning and regulation changes to create more mid- sized infill units designed for ownership; and
 Options for future action, such as initiating a City program to complement existing DPA programs and modifying the City's Small Sites Program to target ownership opportunities.

Council may consider identifying funds to initiate a pilot for one or more of the potential programs.

CURRENT SITUATION AND ITS EFFECTS
This report responds to the referral entitled “Open Doors Initiative: City Worker and First Time Affordable Homebuyer Program” that originally appeared on the agenda of the September 10th, 2019, Council meeting, and was sponsored by Councilmembers Ben Bartlett and Rigel Robinson, and Mayor Jesse Arreguín. This referred to the City Manager and Housing Advisory Commission to explore mechanisms to support homeownership by City of Berkeley First-Responders and other critical safety staff. It further referred to the City Manager to prepare a report detailing relevant, available first- time homeownership and low-income homeowner programs. The referral frames goals

Referral Response: Open Doors Initiative: INFORMATION CALENDAR City Worker and First Time Affordable Homebuyer Program June 30, 2026

of a first-time homebuyer program as reducing the racial wealth gap, increasing diversity of Berkeley neighborhoods, reducing commute times for first responders and City employees, and providing financial benefits to senior homeowners.

Staff planned to combine this referral with a separate November 3, 2022, budget referral for a “Down Payment Assistance (DPA) and Closing Cost Assistance Revolving Loan Fund Pilot.” However, this referral did not receive funding. Staff are now advancing this information report as a reference tool for future ownership initiatives.

Homeownership in Berkeley
The high cost of homeownership was cited as the second most important housing issue facing Berkeley in a survey conducted for Berkeley’s 2023-2031 Housing Element. The median home price in Berkeley is $1.3 million (Redfin, 2026). Between 2000 and 2020, adjusting for inflation, single-family home values in Berkeley increased nearly 225%, compared to a 200% increase in Alameda County overall.

Further, homeownership data has demonstrated stark disparities in homeownership opportunities by race. Berkeley’s residents of color are disproportionately renters. The homeownership rate for white households in Berkeley is 55%, while the rate is 34% for Black households, 32% for Asian households, and 24% for Latino households. This disparity has been consistent for several decades. The City of Berkeley is in need of affordable homeownership policies and programs in order to further address housing inequities.

Current Initiatives
The Berkeley City Council adopted recent policy initiatives to facilitate development of new homeownership opportunities, including:
 Establishing the same Inclusionary Housing in-lieu fee for rental and ownership projects;
 Adopting “Middle Housing” rules to encourage small-scale multifamily infill development of different sizes in predominantly single-family home neighborhoods;
 Amending the zoning code to allow for streamlining provisions for Middle Housing Infill Projects (MHIPs), compliant with SB 684, which mandates ministerial approval for small-lot subdivision projects up to 10 units; and  Amending zoning rules to permit the sale of accessory dwelling units (ADUs) separately from the main property.

Referral Response: Open Doors Initiative: INFORMATION CALENDAR City Worker and First Time Affordable Homebuyer Program June 30, 2026

In September 2025, City Council held a work session on social housing, where staff presented a study on social housing opportunities in Berkeley (“Berkeley Social Housing Study”). Social Housing is defined in the study as housing that is publicly or mission- driven organization owned; permanently affordable; inclusive of a broad range of incomes; and centered on resident stability and self-governance.

The study included financial modeling of potential Berkeley projects, with different income mixes, in both rental and ownership scenarios. A key finding is that affordable homeownership is most viable through acquisition-rehabilitation.

The City’s existing Small Sites Program (SSP) supports the acquisition and rehabilitation of small, multifamily rental properties with up to 25 units. This program typically partners with Community Land Trusts (CLTs) on projects. Thus far, the program has supported two rental properties with households at risk of displacement on immediate stabilization, and one vacant property.

CLTs often have a goal of future conversion of rental projects to limited equity housing cooperatives (LEHCs). SSP Program Guidelines include language on LEHC conversion, prioritizing applications that plan to convert to cooperative ownership.

Acquiring a vacant property is another potential alternative to establish an affordable ownership project.

Potential Program Design
There are two approaches to affordable homeownership program design:
 Supply-side: Create more units dedicated to ownership through new construction and/or acquisition; and
 Demand-side: Facilitate households’ access to homeownership on the private market.

New Construction
Supply-side program design options include supporting CLTs and other nonprofits in acquisition-rehabilitation and/or new construction of affordable homeownership options.

The Berkeley Social Housing Study finds that although affordable homeownership through new construction lowers necessary subsidy through equity contributions from buyers, it is roughly three times more expensive than achieving affordable ownership through acquisition-rehabilitation.

This study modeled a new construction scenario that serves half affordable units (80% AMI) and half market-rate units. In that scenario, the required public subsidy is $445,000 per unit, significantly higher than the $150,000 per unit needed for an

Referral Response: Open Doors Initiative: INFORMATION CALENDAR City Worker and First Time Affordable Homebuyer Program June 30, 2026

acquisition-rehab ownership model serving a similar income level. The study concludes that affordable homeownership is most viable through acquisition-rehabilitation.

Acquisition-rehabilitation
The Berkeley Social Housing Study includes a recommendation to pilot a social housing acquisition-rehabilitation ownership conversion project. Acquisition-rehab is a lower-cost alternative to new construction and presents a more cost-effective path to expanding affordable homeownership. Preservation can help keep communities intact and create opportunities for households that may not be able to access homeownership.

The existing Small Sites Program includes guidelines for LEHCs, and CLTs have mission-driven goals of LEHC conversion. However, SSP projects are often first focused on the immediate stabilization of households at risk of displacement. Most SSP projects start as rental properties because it is easier to transition and finance.

Access to permanent financing may be a barrier to LEHC conversion for many deed- restricted affordable rental projects. There are limited financial institutions that lend to cooperatives, and it can be even more difficult to access capital for a CLT to create a cooperative. Additionally, the welfare tax exemption is beneficial to financing affordable rental housing, but current state tax law creates complexities for LEHCs regarding this exemption, making it difficult to finance.

Oakland’s Acquisition & Conversion to Affordable Housing (ACAH) program released a Notice of Funding Availability (NOFA) in 2023 with funding for rehabilitation costs for existing ACAH projects. These projects can convert to LEHCs; at this time, none of the ACAH rental projects have converted to cooperative ownership. The City could also consider allocating funds for existing SSP projects to convert to a LEHC.

Cooperative conversion also requires substantial supporting labor from an organization like a CLT, and that work does not currently have a reliable funding source. It can be a multi-year project to do community-building and education necessary for cooperative conversion at acquired properties with existing residents. SSP could be broadened to offer additional supports to facilitate conversion to LEHCs, such as sustained training and education funding.

There are also deferred maintenance needs for several of Berkeley's existing cooperatives. SSP could also target preserving these existing cooperatives, which represent legacy housing stock that is difficult to replace.

The City could pilot a project converting a small, vacant multifamily property into an LEHC, helping to build the capacity of local CLTs or affordable housing developers to implement similar models. Such a pilot could consider integrating other City initiatives, such as housing preferences for vacant units. LEHCs incorporate social housing principles, such as democratic governance of cooperatives and permanent affordability.

Referral Response: Open Doors Initiative: INFORMATION CALENDAR City Worker and First Time Affordable Homebuyer Program June 30, 2026

There are challenges, however, related to cooperative lease-up, especially when CLTs need to run a lottery for vacancies. Group cohesion for collective governance is challenging, and interviews that are necessary for assessing fit and readiness for democratic governance present fair housing considerations.

Down Payment Assistance (DPA)
The City is not currently engaged in demand-side supports for those seeking to become homeowners. Assisting buyers in the private market is a means of expanding housing choice, and could be a fit for larger families, given that many new construction and acquisition-rehabilitation affordable ownership opportunities consist of smaller unit sizes.

The City could consider its own DPA program, incorporating lessons learned from the program the City administered in the 1990s. The program was discontinued due to rising housing costs and the fact that it does not lead to permanent affordability. DPA programs typically provide a 20% down payment loan. Due to current median home prices, the income required to carry the primary loan could support moderate income households. It would likely exclude lower-income households from eligibility.

The City could also consider a potentially more cost-effective strategy by making funding available to supplement existing funding programs like AC Boost, California Dream for All, and CalHome-funded local DPA programs, which currently may not be sufficient to purchase a home in Berkeley. Program design would need to establish either a simple interest or shared appreciation model and consider how layered loan terms present tradeoffs for homeowners building wealth.

Program design could consider opportunities to address historical racial injustice in homeownership access, for example, by implementing preferences like the City’s affordable housing preferences for households with ties to redlined neighborhoods. A DPA initiative could consider utilizing Special Purpose Credit Programs (SPCPs), which allow banks to offer credit on favorable terms to borrowers who have suffered economic disadvantage and share common characteristics. A DPA program can also use eligibility criteria to target inequities, such as CalHFA Dream for All’s first-generation homebuyer requirement. A complementary funding program could be designed to coordinate with programs targeted at reducing the racial wealth gap, such as the Black Wealth Builders Fund described below.

Existing First-Time Homebuyer Assistance Available to Berkeley Residents AC Boost
Alameda County offers a DPA loan program, AC Boost, with shared appreciation loans of up to $210,000 to buy a home in Alameda County. Eligibility requirements include Alameda County residence or displaced from Alameda County within the past ten years,

Referral Response: Open Doors Initiative: INFORMATION CALENDAR City Worker and First Time Affordable Homebuyer Program June 30, 2026

first-time homebuyer, a $300,000 asset limit, and a household income at or below 120% Area Median Income (AMI). There are preferences for first responders and educators, and incentives for buyers to buy near their work or transit. The homebuyer does not make monthly payments, and repays the loan plus a share of the home’s appreciation after thirty years, upon refinancing with cash-out, or when the home is sold or transferred. The percentage of appreciation due upon repayment is calculated based on the ratio of the loan to the original purchase price.

The program is funded by Measure A1, administered by Alameda County Housing and Community Development Department, and managed by the nonprofit Hello Housing.

The third and final funding cycle conducted its lottery in June 2024. AC Boost does not have funding for future rounds. The County may consider funding DPA as part of future bonds, but that is not known at this time.

The high cost of housing in Berkeley limits the program’s local effectiveness: fewer homes available on the market will qualify an applicant for AC Boost’s maximum loan amount, and additional closing costs may price out marginal applicants. Over three funding cycles, two households have purchased homes in Berkeley with AC Boost loans to date. Forty-four Berkeley residents applied for loans across these funding cycles, and 14 successfully purchased homes, mostly in Oakland and other parts of Alameda County. The program has served 270 households across the County, with an average loan of $173,414 per household. Measure A1 dedicated $61 million in funds for the program, including administration.

CalHFA California Dream for All
The California Housing Finance Agency’s (CalHFA) California Dream for All Shared Appreciation Loan is a down payment assistance program for first-time homebuyers, with loans of up to 20% of the mortgage value, not to exceed $150,000. Eligible borrowers must be first-time homebuyers, with at least one borrower being a first- generation homebuyer. This means that the borrower has not owned a home in the last seven years, and their parents do not own a home in the US. In 2025, the eligible combined household income limit for Alameda County was $253,000.

The program is designed to be used with the CalHFA Dream For All Conventional first mortgage. This is a Fannie Mae “HFA Preferred” standard 30-year fixed-rate mortgage, which ensures that the entire loan package meets state requirements for the program.

The homebuyer does not make monthly payments and repays the loan plus a share of the home’s appreciation when the home is sold, transferred, or the first mortgage is paid. Like AC Boost, the ratio of appreciation in home value is based on the ratio of the loan to the original purchase price. For lower-income borrowers (up to 80% AMI), they repay 75% of this appreciation share. The most recent lottery for CA Dream for All took place in February and March 2026. CalHFA also has a Building Black Wealth campaign, with educational materials, and connections to resources such as free housing counseling and down payment and closing cost assistance loans.

Referral Response: Open Doors Initiative: INFORMATION CALENDAR City Worker and First Time Affordable Homebuyer Program June 30, 2026

Black Wealth Builders Fund
The Black Wealth Builders (BWB) Fund is a reparations project launched by Arlington Community Church in 2021. The loans available through this fund are zero percent interest and are to be repaid when the home is refinanced or sold. The loans through this fund are not shared appreciation loans. Loan amounts are smaller than traditional shared appreciation programs, ranging from $7,500 to $20,000. The loan is intended to help make the 3% minimum down payment mortgage option accessible to low and moderate-income Black homebuyers.

The BWB Fund is a reparations project designed to help repair a small portion of the financial damage of racism and white supremacist policies. It is available to Black households that lack the funds for a down payment. The fund is administered by the Richmond Community Foundation, and by Richmond Neighborhood Housing Services, which identifies qualified candidates through their homebuyer education programs. The program has made 57 loans for a total of $998,500 since its launch in 2021, with no loans in Berkeley to date.

CalHOME
CalHOME offers state funding for first-time homebuyer mortgage assistance, as well as for homeownership development project loans; owner-occupied rehabilitation assistance; technical assistance for self-help housing projects and shared housing programs; accessory dwelling unit programs; and the acquisition of manufactured housing. CalHOME development funding is designed to create permanently affordable homes sold at below market interest rates (sometimes zero percent) to lower-income buyers earning up to 80% of the AMI. CalHOME partners with organizations like Habitat for Humanity to build new affordable ownership projects.

The 2025-2026 state budget eliminated funding for CalHOME, but this funding could be reinstated in the 2026-2027 budget. AB 736 and SB 417 aim to put a $10 billion bond on the ballot in November 2026. Current drafts of these bills identify approximately $1 billion for homeownership assistance, including through CalHOME.

The California Department of Housing and Community Development (HCD) issued awards in December 2025 to partner organizations to create 74 CalHOME projects in 22 California counties and benefit 1,172 households. The City of Berkeley has previously received CalHOME funding for owner-occupied rehabilitation through the City’s Senior and Disabled Home Rehab Loan (SDRLP) program, most recently in 2011. That funding continues to be reused for new loans upon repayment. Berkeley- based organization, Northern California Land Trust (NCLT), has received CalHOME awards for local DPA and ADU/JADU funding, most recently in 2020. Berkeley’s 2024 Prohousing Designation from HCD gives the City and organizations based in Berkeley additional points in CalHOME funding applications.

Referral Response: Open Doors Initiative: INFORMATION CALENDAR City Worker and First Time Affordable Homebuyer Program June 30, 2026

Northern California Land Trust (NCLT), Artist Space Trust in partnership with NCLT, and Housing Trust Silicon Valley’s Home Access Program all offer CalHOME down payment assistance to help lower-income, first-time homebuyers purchase homes in Alameda County, with low-interest second mortgages that require no monthly payments. These loans cover up to 40% of the purchase price, capped at $200,000, and are to be repaid at the end of the 30-year term or when the home is sold, transferred, or refinanced. CalHOME down payment loans are typically not administered as shared appreciation loans and carry a fixed annual interest rate of 3%.

BACKGROUND
The City’s current efforts to support increased ownership opportunities for community members are identified above.

The City offered a first-time homebuyers program from 1996 to 2000. The program served 29 low-income homebuyers, of whom 25 purchased market-rate houses, three purchased BMR condominiums, and one purchased a limited-equity condominium from Northern California Land Trust. The home purchase prices ranged from $75,000 to $225,000; the average purchase price was $148,847.

The $20,000 loans were able to be used towards down payment, closing costs, and/or reduction of the first mortgage. Loan repayment was deferred until the property was sold, transferred, or refinanced. The loans were shared appreciation loans, like AC Boost and California Dream for All, based on the relationship between the City’s loan and the original purchase price of the home.

Different from these programs, the City deducted capital improvements from the appreciation, so owners did not pay an equity share on improvements they made in the property. The average equity share was 13%. In the four cases where homebuyers used the program to purchase below-market-rate homes with deed restrictions that limit the resale price to the increase in the consumer price index (CPI), the equity share also matched the increase in CPI.

The program was discontinued because it was considered no longer viable in Berkeley’s high-cost market, it benefited only a small number of buyers and did not create permanent affordability. Repayment with shared appreciation was insufficient to maintain equivalent affordability for future buyers, supporting a diminishing number of homebuyers over time.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Homeownership programs may help reduce greenhouse gas (GHG) emissions associated with longer commutes by enabling Berkeley-based employees to live where they work, and to keep Berkeley residents close to transit.

Referral Response: Open Doors Initiative: INFORMATION CALENDAR City Worker and First Time Affordable Homebuyer Program June 30, 2026

POSSIBLE FUTURE ACTION
Council can consider supporting first-time homebuyers through supply-side and/or demand-side programs. Supply-side solutions include acquisition-rehabilitation and conversion to affordable ownership, or new construction of ownership-oriented homes.

Down payment assistance programs can help homebuyers access existing homes in the private market. More information about these approaches, relevant local context, and additional considerations are listed below:

Acquisition-rehabilitation
 The City could modify the existing SSP guidelines to specifically focus on homeownership. The City may consider the following strategies to increase LEHC conversion:
o Targeting funding for SSP projects ready to convert to an LEHC; o Funding ongoing education for potential future conversion of SSP projects; o Targeting funding for existing LEHCs in Berkeley with deferred maintenance needs;
o Acquiring a vacant property and supporting conversion to an LEHC, though it would be necessary to address fair housing considerations around resident selection;
o Initiating a public-private partnership, such as San Francisco and Oakland have with the Housing Accelerator Fund, in order to leverage private capital and support CLTs and community-based developers. This model provides rapid acquisition capital but would not address access to permanent financing to convert.
 Berkeley context: Even with DPA, many Berkeley homes would be out of reach of lower-income households, who would be unable to afford the monthly mortgage costs. Conversion of existing housing stock to limited equity housing cooperatives could expand homeownership to lower-income households and create permanently affordable housing stock.
 Considerations/limitations:
o The SSP guidelines already allow for conversion to LEHCs. At this time, no SSP projects have been converted. Access to permanent financing is a barrier for LEHCs. While upfront capital needed for an LEHC share is more accessible than traditional homeownership, resident savings and access to capital to pay upfront shares are still a barrier.

Referral Response: Open Doors Initiative: INFORMATION CALENDAR City Worker and First Time Affordable Homebuyer Program June 30, 2026

o There is a need for both technical and financial support to residents in order to convert. SSP guidelines include requirements for technical assistance and resident training in the lead-up to conversion. CLTs are poised to play this role, but may need further capacity-building support.

New Construction
 The City could provide dedicated Housing Trust Fund (HTF) funding for new construction of affordable condominiums. CalHOME funding may be a complementary funding source for such efforts.
 Berkeley context: There are limited recent local examples of affordable ownership in new construction. Berkeley has several new zoning and regulatory initiatives to facilitate private development of Middle Housing ownership opportunities that could be more accessible than traditional single-family homes for moderate-income families. In 2023, the City established the same Inclusionary Housing in-lieu fee for rental and ownership projects, which could lead to below market-rate condo construction depending on market conditions.  Considerations/limitations:
o Construction costs are a barrier to increasing ownership supply. While equity contributions from buyers offset costs, new construction is roughly three times more expensive than achieving affordable ownership through acquisition-rehabilitation.
o There are other external barriers to new ownership construction outside of the City's control, such as higher insurance requirements. A 2026 Terner Center report on condominium development found that developers pay three to four times as much for insurance on for-sale condominiums compared to rental apartments. This is due to "construction defect liability," where insurers assume future lawsuits from homeowner associations (HOAs). The report's analysis reveals a 90 percent drop in condominium construction in California’s major population centers over the last twenty years, driven primarily by the state’s construction defect liability laws.

Down Payment Assistance
 The City could establish a DPA program, possibly one designed to complement other available DPA programs, such as CA Dream for All. HHCS could administer a competitive Request for Proposals to fund an existing DPA program administrator or could consider administering a program internally.

Referral Response: Open Doors Initiative: INFORMATION CALENDAR City Worker and First Time Affordable Homebuyer Program June 30, 2026

 Berkeley context: Given Berkeley’s high home values, a DPA program likely only makes sense as a complement to other available DPA programs. Such an approach is dependent on the availability of other programs. Down payment assistance with income eligibility requirements may make some new Middle Housing supply more accessible to low-income households.  Considerations/limitations:
o DPA loans support individual buyers and do not contribute to the affordable housing stock.
o While DPA loans could serve as revolving loans when repaid, repayment would likely be too inconsistent to support a regular program, especially in the case of a complementary DPA program.
o Given that a DPA program would likely serve a limited number of beneficiaries, it may make sense to narrowly target limited loans with a reparative justice framework. For example, DPA could target descendants of those displaced due to BART construction or impacted by other harms. o Homebuyer education is a critical component of DPA programs, especially those with shared appreciation frameworks. This education should help buyers understand costs they may not anticipate, such as homeowner association fee increases and capital improvements.

FISCAL IMPACTS OF POSSIBLE FUTURE ACTION
Staff time would need to be allocated to any new homeownership programs. Ten to 15% percent of program costs are dedicated to administration.

The Berkeley Social Housing Study modeled acquisition-rehabilitation of a 21-unit building in Central Berkeley. Ownership conversions projected a local subsidy of $150,000 to $250,000 per unit.

Down payment funding amounts depend on program design. DPA loans would need to be $260,000 to support homebuyers with 20% down payments for median value homes in Berkeley ($1.3M). If Council chooses to fund a complementary DPA program, loans could be smaller, for example, $50,000 each to complement a program like AC Boost, which offered loans up to $210,000.

Based on the Berkeley Social Housing Study figures above, the projected acquisition- rehabilitation local subsidy cost for a 20-unit property is $3M to $5M million.

Comparatively, in order to support 20 households with 20% down payment loans on $1.3 million homes, the City’s own DPA program would require $5.2 million. A complementary DPA program could require $1 million. Such a program relies on the availability of other DPA programs locally.